PHONE SERVICE AUP
This Customer Service Terms and Conditions Agreement ("Agreement") governs all the terms and conditions associated
with a Customer's ("you", "user", "end user" or "Customer") use of the residential communications services and any related products or services ("Service") offered by or through CONFIDUS GROUP, LLC. ("We", "us" or ).
Online Acceptance
Since signing up for CONFIDUS GROUP's services is an online transaction, it is understood between CONFIDUS GROUP and the Customer that online acceptance of this Agreement will carry the same legal authorization as if the Customer is providing a handwritten signature of acceptance.
TERMS AND CONDITIONS
1. Services Provided
a. CONFIDUS GROUP provides residential and business VOIP service which empowers the Customer, among other things, the ability to make local, domestic long distance and international telephone calls as well as receive calls using software or hardware.
b. CONFIDUS GROUP provides calling card services that use VOIP technology.
c. CONFIDUS GROUP allows callers to make calls to international locations using their cell phone so save money on long distance calls charged by mobile operators.
d. CONFIDUS GROUP provides custom telephony development such as (IVR and CTI)
2. E911 / Emergency 911
CONFIDUS GROUP provides 911 services across 50 states. CONFIDUS GROUP 911 dialing service operates differently than traditional 911 services. Emergency service is based on Customers location furnished to us. Changes to 911 must be submitted online via a trouble ticket, providing us with the name of the phone user and complete physical address where the phone service is being used. Changes to 911 are active typically in 24 hours and are affective upon transmission of electronic mail to the end user.
3. Service Outages Beyond our Control
a. Service Outages due to Internet outage, electric outage or termination of Broadband or ISP service, or disasters beyond our control.
b. Service outages due to ISP or Broadband provider blocking ports needed to provide VOIP service to user. You acknowledge that CONFIDUS GROUP is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service that may result. In the event that you loose service as a result of blocking of ports or any other impediment to your usage of the service, you will continue to be responsible for payment of the service charges unless and until you terminate the service in accordance with this agreement.
4. Residential Use of Service and Device (Fair Use)
If you subscribe to CONFIDUS GROUP's residential services, the service and the device are provided to you solely for residential use if you are signed up for residential service. When subscribing to a residential Flat-Rate Plan, you are prohibited from using the Service or the device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. NO BUSINESS PURPOSE WHATSOEVER SHALL BE DEEMED A VALID USE OF THE RESIDENTIAL FLATRATE PLAN and CONFIDUS GROUP reserves the right to immediately terminate or modify your service if we determine, in our sole and absolute discretion, that your use for the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the service or the device was inconsistent with normal residential use. Utilization of the Service for a business purpose may only be accomplished through CONFIDUS GROUP's Pay-Per-Call or Metered rate plan.
5. Prohibited Use
a. Unlawful. You shall use the Service and the Device only for lawful purposes. CONFIDUS GROUP reserves the right to immediately terminate your Service if, in our sole and absolute
discretion, CONFIDUS GROUP determines that you have used the Service or the Device for
an unlawful purpose. In the event of such termination, you will be responsible for the full month's
charges to the end of the current term, including, without limitation, unbilled charges, plus a termination
fee, if applicable, all of which will become immediately due and payable upon termination of your
service. If CONFIDUS GROUP believes that you have used the service or the sevice for an
unlawful purpose, we may forward the relevant communication and other information, including your
identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our
forwarding of any such communications and information to these authorities. In addition, CONFIDUS GROUP will provide information in response to law enforcement requests, including, but not
limited to, subpoenas, court orders, and requests for wire taps etc, from the government under the
Patriot Act, to protect it's rights and property and in the case where failure to disclose the information
may lead to the imminent harm to the customer or to others.
b. Inappropriate Conduct. You shall not use the Service or the Device in any way that is threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any
similar behavior. CONFIDUS GROUP determines that you have used the Service or the device in any of the aforementioned ways. In the event of such termination, you will be responsible for
the full month's charges to the end of the current term, including, without limitation, unbilled charges,
plus a termination fee, if applicable, all of which will become immediately due and payable upon
termination of your Service. If CONFIDUS GROUP believes that you have used the service
or the device in any of the aforementioned ways, CONFIDUS GROUP may forward the
relevant communication and other information, including your identity, to the appropriate authorities for
investigation and prosecution. You hereby consent to our forwarding of any such communications and
information to these authorities. In addition, CONFIDUS GROUP will provide information in
response to law enforcement request, including, but not limited to, subpoenas, court orders and
requests for wire taps etc, from the government under the Patriot ACT, to protect it's rights and property
and in the case where failure to disclose the information may lead to imminent harm to the Customer or
others.
c. Caller ID Name ("CNAM"). When available with the service(s) you have purchased from CONFIDUS GROUP, CNAM information will be presented on inbound calls, within the CONFIDUS GROUP website, and within certain communications. CNAM information is provided as is,
and CONFIDUS GROUP does NOT assure, warrant, or assume any liability for the validity or
accuracy of the CNAM information provided. The CNAM information provided by CONFIDUS GROUPL may NOT be used for any of the following: collection of CNAM data for resale,
licensing, or any re-distribution to another party; any form of auto-dialing to obtain bulk CNAM
information; collection of CNAM data for any use other than the services provided directly by CONFIDUS GROUP. Customer acknowledges that the rights, title and interest to the CNAM
information provided by CONFIDUS GROUP, regardless of the form of media in which it is
contained or obtained, shall be the sole and exclusive property of, and are retained by, CONFIDUS GROUP and/or CONFIDUS GROUP's CNAM information suppliers.
6. Tampering with the Service
You shall not attempt to hack or otherwise disrupt the Service or make any use of
the Service that is inconsistent with its intended purpose.
7. Number Transfer
Customer may transfer or port-away from CONFIDUS GROUP any phone number
on their account that is within the United States and/or Canada to another service provider at any time as long as
the number(s) they wish to port remain on their account and active up to the date they are transferred to the new
service provider. Customer must inform CONFIDUS GROUP of any port-out's of number(s) on their
account and/or cancel the number(s) after they have been ported to the new service provider or re-billing for
services on those number(s) will continue. Numbers in countries outside the USA and Canada may be portable
to other carriers, but CONFIDUS GROUP cannot provide specific information regarding the portability
of numbers outside the USA and Canada.
8. Service Distinctions
The service is not a telecommunications service and CONFIDUS GROUP
provides it on a best efforts basis. Important distinctions exist between telecommunications service and the
service offering that CONFIDUS GROUP provides. The Service is subject to different regulatory
treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress
before regulatory agencies.
a. No 0+ or Operator Assisted Calling; May not Support x11 Calling. The service does not support 0+ or
operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card\
calls). The Service may not support 311, 511, and/or other x11 services in one or more (or all) service
areas.
b. No Directory Listing. The phone numbers you obtain from CONFIDUS GROUP will not be
listed in any telephone directories unless the Customer submits a request to a company who furnishes
data to directory listings. Typically this is called a "Foreign directory listing" and a charge may be
imposed. Customer acknowledges that they are responsible for any directory fees if inclusion is
requested.
9. Incompatibility with Other Services
a. Home Security Systems. The Service provided by CONFIDUS GROUP may not be
compatible with home security systems. You may be required to maintain a telephone connection
through your local exchange carrier in order to use any alarm monitoring functions for any security
system installed in your home or business. You are responsible for contacting the alarm monitoring
company to test the compatibility of any alarm monitoring or security system within the Service.
b. Certain Broadband and Cable Modem Services. You acknowledge that the Service presently may not
be compatible with other broadband service providers. You further acknowledge that some providers of
broadband service may provide modems that prevent the transmission of communications using the
Service. We do not warrant that the Services will be compatible with all broadband services and
expressly disclaim any express or implied warranties regarding the compatibility of the Service with any
particular broadband service.
10. Service Availability
To access CONFIDUS GROUP's Services, the Customer must have access to a
high-speed internet connection as well as one of the following: (i) a computer with speakers and microphone; or
(ii) a headset or (iii) SIP device. CONFIDUS GROUP will not reimburse the Customer for any extra
charges assessed by Customer's internet provider as a result of using their services to access CONFIDUS GROUP's Services.
11. Opening an Account
In order to become a CONFIDUS GROUP customer, the Customer must
complete in full an application form located at http://truecallinternational.com. As part of the application, the
Customer will be required to provide CONFIDUS GROUP with a unique Username. CONFIDUS GROUP will then send the Customer an electronic notification (in the form of an e-mail message),
containing a password and confirmation that the Customer has activated their CONFIDUS GROUP
account.
a. Credit References. CONFIDUS GROUP may refuse to provide services to a customer if the
Customer's credit is not deemed satisfactory which determination shall be made at CONFIDUS GROUP's sole discretion. NOTICE: CUSTOMER EXPRESSLY AUTHORIZES CONFIDUS GROUP AND/OR THIRD-PARTIES DESIGNATED BY CONFIDUS GROUP TO
PERFORM A CREDIT CHECK AND / OR FRAUD SCORE BASED UPON THE INFORMATION
PROVIDED IN THE APPLICATION FORM WHEN OPENING AN ACCOUNT AND THE ELECTRONIC
SIGNATURE BELOW SHALL SERVE AS WRITTEN CONFIRMATION OF THIS AUTHORIZATION.
ALL INFORMATION PROVIDED BY THE CUSTOMER SHALL REMAIN CONFIDENTIAL AND SHALL
NOT BE DISSEMINATED TO ANY THIRD PARTIES EXCEPT TO THOSE THIRD-PARTY'S
EXPRESSLY AUTHORIZED HEREIN.
b. Usernames/Passwords. THE CUSTOMER IS SOLELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD (INCLUDING VOICEMAIL PIN). THE
CUSTOMER EXPRESSLY AGREES TO BE LIABLE FOR ALL SERVICES CHARGED TO THEIR
ACCOUNT WHETHER OR NOT CUSTOMER HAS AUTHORIZED SUCH USE. AS SUCH, CONFIDUS GROUP CANNOT BE HELD RESPONSIBLE FOR FRAUDULENT CHARGES OR
ACCESS THAT RESULTS FROM THEFT OF CUSTOMERS ACCOUNT OR CREDIT CARD
INFORMATION. If a Customer suspects that their Account, Username and/or Password is being used
in an unauthorized manner, the Customer shall be required to contact CONFIDUS GROUP
within twenty-four (24) hours of a Customer's suspicion or awareness that unauthorized usage on that
Account. ALL ACCOUNT INFORMATION WILL BE SENT TO THE E-MAIL ADDRESS PROVIDED BY
THE CUSTOMER AT SIGN UP. Therefore, it is the Customer's responsibility to provide CONFIDUS GROUP with a secure e-mail address as CONFIDUS GROUP will not be
responsible and shall be held harmless for any access to Customers Account by any unauthorized
persons.
12. Payment
Services supplied are payable under POST-PAID BASIS ONLY. As a Customer uses
CONFIDUS GROUP''s services, their Account will be debited accordingly. No phone services will be
provided if the Customer's Account does not have a sufficient balance to cover the cost of the service requested.
Notwithstanding the foregoing, a Customer will hold CONFIDUS GROUP harmless for any bank or
credit card charges that resulted from CONFIDUS GROUP billing for services owed by the Customer.
13. Rates
CONFIDUS GROUP'S rates are listed on its Website. You are responsible for checking all
applicable rates/promotions before making any calls using CONFIDUS GROUP's services. Please
note that rates for calls to certain numbers (e.g., mobile/special service numbers) may be higher than rates for
calls to other numbers within the same country.
14. Rate Changes
CONFIDUS GROUP RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO
MODIFY ITS RATES, MONTHLY FEES, SURCHARGES, AS WELL AS ANY OTHER FEES COLLECTED BY
OR PAID TO CONFIDUS GROUP UNDER THE TERMS OF THIS AGREEMENT. If a Customer
chooses to terminate their Account as a result of changes in CONFIDUS GROUP's prices, the
Customer must CANCEL their account no later than the twenty-eighth (28) day of the month. You must then fill
out a support ticket to request a refund of any funds within your balance. If CONFIDUS GROUP does
not receive notification by the Customer by the twenty-eighth (28) day of the month, the Customer's account will
be charged for the next monthly billing cycle. Any unused balance in a Customers Account will be credited back
to the credit card on file with CONFIDUS GROUP in accordance with CONFIDUS GROUP's
15. Monthly User Rates (if applicable)
If a Customer has subscribed for a plan that is associated to a monthly rate,
this fee will be charged regardless of whether a Customer uses their Account to make any telephone calls, or
uses the service in a given month.
16. Email Notification
The Customer is responsible for both maintaining a current and operational e-mail address
and for reading all email notices from CONFIDUS GROUP. It is expressly understood by you that
the e-mail notification will be the only manner by which CONFIDUS GROUP will communicate with
you regarding updates to its services and information pertaining to your Account. You may also view information
regarding your Account by logging into your CONFIDUS GROUP Account on the CONFIDUS GROUP website located at http://confidus.net.
17. Consent to e-mail Communications
By entering into this Agreement, you consent to both the receipt of
electronic mail (e-mail) from CONFIDUS GROUP and that e-mail communication shall be the sole
manner by which CONFIDUS GROUP shall contact Customer. In addition to sending a Customer email
notifications as provided above, CONFIDUS GROUP may also send a Customer e-mails about
services and products the Company believes may be of interest to you. A Customer may opt-out of future emails
about products or services by contacting CONFIDUS GROUP by opening a trouble ticket or in
writing. CONFIDUS GROUP reserves the right, however, to continue to e-mail Customer important
information relating to their Account, this Agreement or other regulatory communications.
18. Billing
a. When the service is activated, you must provide CONFIDUS GROUP with a valid email
address and a credit or debit card number from a card issuer that we accept. CONFIDUS GROUP reserves the right to stop accepting credit or debit cards from one or more issuers. If
your credit or debit card expires, you close your account, your billing address changes, or your credit or
debit card is cancelled and replaced on account of loss or theft, you must advise CONFIDUS GROUP at once. CONFIDUS GROUP will bill all charges monthly in advance
(except for usage-based charges, which will be billed in arrears, and any other charges which we
decide to bill in arrears) to your credit or debit card, including but not limited to:
i. Monthly Service Fees
ii. Phone Call Charges
iii. Equipment purchases
iv. Shipping and Handling Charges
b. The amount of such fees and charges shall be published on CONFIDUS GROUP's website
and may change from time to time. Notification of monthly statements will be sent to you via your email
address on file with CONFIDUS GROUP. We reserve the right to bill at more frequent
intervals if the amount you owe to us at any time exceeds $25.
c. Billing Information. CONFIDUS GROUP does not send any statements to its customers via
mail user subscribes to mail statement delivery service. Instead, the Customer is responsible to view
their statements using their secure USERNAME and PASSWORD to access their billing information,
which shall be available on CONFIDUS GROUP's website.
d. Billing Disputes. A Customer must notify CONFIDUS GROUP by e-mail or by opening a
trouble ticket on our website of any disputed charges within thirty (30) days of the charge being posted
to their account. CONFIDUS GROUP will attempt to resolve all disputes within thirty (30)
days of the charge being posted to their Account. CONFIDUS GROUP will attempt to resolve
all disputes within thirty (30) days of being notified of a dispute. To the extent CONFIDUS GROUP determines, at its sole discretion, that a billing adjustment is warranted, Customers
Account will be credited accordingly. If a Customer fails to notify CONFIDUS GROUP of a
billing dispute as noted above, the Customer shall expressly waive all rights to bring ANY claim against
CONFIDUS GROUP regarding a disputed charge. This Section does not waive Customers
responsibility to notify CONFIDUS GROUP of unauthorized use of its Account, Password or
Username within the period any by method forth in section (11.b) herein.
e. Ownership of Account. CONFIDUS GROUP will not make any adjustments to a Customer's
Account information nor send the Username or Password information without validating the account by
any information CONFIDUS GROUP deems necessary at its sole discretion. A customer
can request their password to be sent to them at any time via email by clicking the "Forgot Password" link at our website. If you cannot provide this information, CONFIDUS GROUP will close
your account and credit the balance using the credit card information on file. You may cancel your
account by submitting a trouble ticket online or in writing to:
CONFIDUS GROUP
12685 DORSETT RD. STE 336
MARYLAND HEIGHTS, MO 63043
19. Expiration
A Customers account will not expire unless Cancelled by the Customer via support ticket or mail or
account maintains a zero balance for ninety (90) or more days.
20. Termination.
a. Discontinuance of Service. CONFIDUS GROUP reserves the right to suspend or discontinue
the Service generally, or to terminate your Service, at any time in our sole and absolute discretion. If
we discontinue the Service generally, or terminate your Service without a stated reason, you will only be
responsible for charges accrued through the date of termination, including a pro-rated portion of the
final month's charges. If your Service is terminated on account of your breach of any provision of this
Agreement, you will be responsible for the full month's charges to the end of the current term, including,
without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately
become due and payable.
b. Cancellation. A customer may discontinue CONFIDUS GROUP's Services at any time upon
notice (either electronic or written) to CONFIDUS GROUP. The Company will then shut
down all access to Customers Account. The unused balance will be credited back to you.
CONFIDUS GROUP reserves the right, at its sole discretion and for any reason, to (a)
terminate this Agreement and the Customers access to its Service. If fraud is suspected, CONFIDUS GROUP has the right to put an account immediately on hold until investigation into the fraud is
completed.
21. International Calls
Although the quality of international telephone calls has improved greatly in recent years,
calls to certain countries outside the United States can be interrupted as a result of service/network issues in
those countries. CONFIDUS GROUP will attempt to identify any such issues, with the cooperation of
the Customer. All necessary information must be provided including date, time, origination number and
destination number. However, CONFIDUS GROUP will NOT refund any charges for such interrupted
calls.
22. Government Taxes
CONFIDUS GROUP reserves its right to pass through to the Customer any new
government taxes, fees or surcharges that shall appear as an additional itemized charge on Customer's Account.
Currently CONFIDUS GROUP pays these fees.
23. Customer Service
If a Customer has any questions, concerns or complaints about the services, provided by
CONFIDUS GROUP, they may open up a trouble ticket online
24. No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party
beneficiary rights.
25. Limitation of Liability
CONFIDUS GROUP SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT
OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS
AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING
TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. CONFIDUS GROUP WILL
NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,
AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF TRUE CALL
INTERNATIONAL HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN
ADDITION, CONFIDUS GROUP SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR
INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE
WEBSITE OR BY ANY OTHER MEANS.
26. No Warranties
CONFIDUS GROUP DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR
FITNESS FOR A PATICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL
PROVIDED FOR PURSUANT TO THIS AGREEMENT.
27. Force Majeure
CONFIDUS GROUP shall not be liable for its failure to perform its obligations under
this agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes,
explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other
connecting telecommunications or internet facilities, or any other matter beyond the reasonable control of CONFIDUS GROUP.
28. Indemnity
Customer agrees to indemnify, defend and hold CONFIDUS GROUP, its officers,
directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the
Website, from and against any claims, actions, proceedings, expenses, damages and liabilities, including
attorneys fees, which are the result of , or are in any way related to, Customers use of the Website, CONFIDUS GROUP's services, and/or your transactions/communications with third-party vendors initiated via the website.
29. Exclusive Jurisdiction and Venue
Any suit involving any dispute or matter arising under this Agreement may
only be brought in Saint Louis County, within the State of Missouri, located in the Country of the United States,
which shall have jurisdiction over the subject matter of the dispute or matter. Customer hereby expressly
consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding and
waive any objection to venue or inconvenient forum and to the waiver of any right to bring, represent or join any
class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in court. THE CUSTOMER FURTHER EXPRESSLY WAIVES ANY RIGHT OF ANY RIGHT TO A JURY TRIAL,
TO RAISE COUNTERCLAIMS OR TO ASSERT THE DEFENCE OF SETOFF IN ANY CLAIM FILED BY TRUE
CALL INTERNATIONAL UNDER THE TERMS OF THIS AGREEMENT.
30 . Trademarks
All corporate names, service marks, logos, trade names, trademarks, websites and domain
names of CONFIDUS GROUP, including but not limited to "TRUECALLINTERNATIONAL.COM" and "TRUECALLINTERNATIONAL.NET" (collectively "Marks") are and shall remain the exclusive property of TRUE
CALL INTERNATIONAL and nothing in this Agreement shall grant Customer the license to use such marks
without the express written permission of CONFIDUS GROUP.
31. Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining
provision of this Agreement will continue in full force and effect.
32. Integration – Entire Agreement
This Agreement, together with any written amendments or written
modifications, will constitute the entire agreement between Customer and CONFIDUS GROUP with
respect to the services provided hereunder and will supersede and replace all prior or contemporaneous
understandings or agreements, written, electronic or oral, between you and CONFIDUS GROUP.
33. Governing Law
This Agreement and all modifications/amendments thereto, shall be governed by the law of the
State of Missouri.
34. Waiver
CONFIDUS GROUP's failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision hereof nor CONFIDUS GROUP
right to enforce a provision upon the Customer.
35. Term
The term of this Agreement shall be from the inception of a Customers Account until termination.
36. Privacy Policy
To learn about how CONFIDUS GROUP protects the Customers personal information,
refer to the CONFIDUS GROUP's Privacy Policy on the Website.
37. Compliance with Laws
CONFIDUS GROUP shall comply with all applicable federal, state and local
laws and/or regulations regarding the provision of the services provided for under this Agreement.
38. Use
Customer agrees to use CONFIDUS GROUP's service in a lawful manner, which is consistent
with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or
regulations. CONFIDUS GROUP reserves the right to immediately, and without notice, terminate, or
otherwise discontinue, a Customers Account in the event it determines that a Customer has violated any such
term, condition, law and/or regulation.
39. Content
You will be liable for any and all liability that may arise out of the content transmitted by you or to any
person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You
shall assure that your and your User's use of the Service and content comply at all times with all applicable laws,
regulations and written and electronic instructions for use. CONFIDUS GROUP reserves the right to
terminate or suspend your Services and remove you or your Users' content from the Service, if we determine, in
our sole and absolute discretions, that such use or content does not conform to the requirements set forth in this
Agreement or interferes with our ability to provide Services to you or others. CONFIDUS GROUP's
action or inaction under this Section will not constitute any review or approval of you or your Users' use or
content.
40. Legality
CONFIDUS GROUP MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND
THAT THE SERVICES, TECHNOLOGY OR EQUIPMENT BEING PROVIDED IS LEGAL OR ALLOWED IN
YOUR HOME COUNTRY, OR THE COUNTRY YOU ARE PLACING CALLS FROM. CONFIDUS GROUP IS NOT RESPONSIBLE FOR VERIFYING LOCAL/NATIONAL LAWS AND IT IS UP TO YOU
TO DETERMINE IF USING THE CONFIDUS GROUP SERVICE IS LEGAL IN YOU
COUNTRY/JURISDICTION. BY ACCPETING SERVICE UNDER THE TERMS OF THIS AGREEMENT YOU
ARE EXPRESSLY RELIEVING CONFIDUS GROUP FROM ANY LIABILITY ARISING UNDER THE
TERMS OF THIS PROVISION.
41. Modifications/Amendments
This Agreement may be modified or amended by CONFIDUS GROUP at
any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon
posting on the Website under Terms and Conditions. Furthermore, you will be asked to verify acceptance of
these terms when you initially signup for your account. YOUR CONTINUED USE OF YOUR ACCOUNT WILL
BE CONCLUSIVELY DEEMED TO BE AN EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS
AGREEMENT AND ANY MODIFICATIONS.
