Terms & Conditions
By registering with MaxCallBack you indicate that you accept these Terms and Conditions and agree to be bound by them: 1. Description of Service MaxCallBack agrees to provide you with the capability to make telephone calls via the World Wide Web as well as other web related services pursuant to the terms and conditions of this Agreement. Some parts of the service may be sponsored by a third party. MaxCallBack or its third party sponsors may provide free offers from time to time. However MaxCallBack or its sponsors may vary its offers, discontinue its free offers or modify or discontinue the services provided at any time and without notice to you, without being liable for any losses or damages you may suffer as a result. 2. Terms of Service MaxCallBack reserves the right to amend, vary or discontinue any of its services. It may also vary its Terms and Conditions including the price of our products or services, at any time without notice to you. You will be notified of such changes by a posting on our web site, by notice with your bill, direct mail or by any other reasonable means. You agree that if you should use our services after notice of any changes have been notified to you as provided in this clause, you will be deemed to have accepted such amendments and become bound by them. Your use of the service at all times will be conditioned upon your consent and adherence to current Terms of Service of MaxCallBack. 3. Payment for Services MaxCallBack will charge you for its services at the current price in accordance with applicable tariffs, taxes and duties in force at the time you use our services. Services are charged in seconds. Call charges will be rounded up to the next whole cent. Payment for the service is not refundable in any case unless MaxCallBack terminates its services while your account is in credit. However should your account be terminated for cause in accordance with the Terms and Conditions herein or for not using the service for a continuous period of 3 months (see clause 7), you will not be entitled to any refund of credit on your account. 4. Offer and Method of Acceptance All information displayed on our web site and communication made to you by MaxCallBack constitutes an Invitation to Treat, and should in no way be construed as an offer or a unilateral contract. Prices and availability of services are subject to change. Your completion of our on line registration form constitutes the offer which MaxCallBack can decide to accept or reject. If MaxCallBack decides to accept your offer, acceptance will be effective once sent by MaxCallBack. 5. User Data You agree that MaxCallBack may use your personal information data which your provided to it at the time of registration and amended by you subsequently, and to disclose your personal information to but not limited to the following, MaxCallBack’s agents, related companies, carriers, business partners, Sponsors and regulatory authorities, for the purpose of administration and management of your account, research, technical support and marketing purposes. MaxCallBack will periodically ask you to update the personal information you have provided. You agree to provide such update when requested. 6. User Responsibilities You are responsible for maintaining the confidentiality of your password and account details and for any and all activities that occur in the use of your account with MaxCallBack. You agree to immediately notify MaxCallBack of any unauthorized use of your account or any other breach of security known to you within 24 hours of discovering such unauthorized use of your account or breach of security. You may change your password at anytime by following the posted instructions. User agrees that the computer they are using for the MaxCallBack service meets the Technical Requirements as set out on the MaxCallBack web site. You are responsible for establishing and maintaining necessary connections to the World Wide Web at your own expense and for providing all equipment necessary for connection, including a computer and modem. You agree not to interfere with the use and enjoyment of the service by other users, not to use the service for illegal purposes, not to interfere with or disrupt the service or servers or networks connected to the service, to comply with all requirements, procedures, policies and regulations of networks connected to the service and to comply with all applicable laws regarding the transmission of technical data. You agree that you are solely responsible for the content of your transmissions through the service, agree not to transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, defamatory, vulgar, obscene, tortuous or otherwise objectionable material of any kind. You agree not to transmit any material that violates the rights of another including, but not limited to, intellectual property rights, and agrees that you are solely responsible for obtaining any consent necessary to transmit any such material to another. You agree not to transmit any material that violates or promotes the violation of any applicable local, state, national or international law or regulation. You agree not to transmit "junk mail", "chain letters", "Spam" or unsolicited mass distribution of email. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the service. You agree not to attempt to compile or compile lists of MaxCallBack users for any reason or in any form. You agree not to transmit, insert, embed or knowingly cause computer viruses (or any code having virus-like effects) to the MaxCallBack web site, any web site linked to it's website or to the accounts of any of its respective users. You agree not to resell the service or use of or access to the service. You agree to indemnify and hold MaxCallBack, its sponsors, its parents, subsidiaries, affiliates, officers and employees free from any claim or demand including attorney's fees, made by any third party due to or arising out of your use of the service, your connection to the service and your violation of the terms and conditions of this Agreement, or your violation of the rights of a third party. 7. Termination of Services You agree that MaxCallBack may terminate your password, account or use of the Service if MaxCallBack believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you have violated the rights of MaxCallBack, its sponsors, other users or third parties. You further agree that MaxCallBack reserves the right to terminate your password, account and use of the Service if you fail to use the Service at least once in a three-month period. 8. Phone Call Transmission and Other Limitations MaxCallBack has set no fixed upper limit on the number of calls you may make through the Service. MaxCallBack will endeavor to transmit all your calls to the requested destination as long as your account is in credit, but however assumes no responsibility for failure to transmit any of your calls whatever the circumstances may be. 9. Disclaimer of Warranties You acknowledge and agree that the use of this Service is at your sole risk and that the Service is provided on an "as is" and "as available" basis. MaxCallBack EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF THE SERVICE OR ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE. THERE ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or information whether oral or written, obtained by you from MaxCallBack or a Sponsor or Advertiser or through or from the Service shall create any warranty not expressly stated herein. Because some jurisdictions do not permit the exclusion of certain warranties, all of these exclusions may not apply to you. 10. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL MaxCallBack, ITS PARENT, ITS SUBSIDIARIES, IT'S SPONSORS, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT OUT OF THE USE OR INABILITY TO USE THE SERVICE, FROM ANY LOSS OR INACCURACY OF DATA, INCOME, PROFIT, REVENUE, BUSINESS, CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF MaxCallBack HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MaxCallBack LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. HOWEVER, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY ON THE PART OF MaxCallBack FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.
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