*** THE FOLLOWING IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND ITELLAS ***
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
6.1 Account Cancellation
ITELLAS reserves the right to cancel accounts at any time. Customers wishing to cancel Itellas.com accounts should use the website to do so. Customers wishing to cancel mobile app accounts should simply stop using the product. ITELLAS does not delete records.
6.2 Other Vendors
ITELLAS services may not be used to circumvent the policies of any other vendor of any type. Violations of this policy will result in immediate termination of service without refund.
6.3 Accessing Voicemail Systems
ITELLAS strictly prohibits customers from using our service to access or attempt to access the "owner" portion of ANY type of voicemail system. This includes but is not limited to cellphones, work voicemail systems, home answering machines. This rule applies regardless of whose voicemail is being accessed, or whether or not the customer has permission to do so. Failure to comply with this policy will result in a 3-day suspension of your account. Further violation will result in the immediate and unconditional termination of your account without refund.
6.4 Toll-Free Numbers
Customers may dial toll-free numbers when spoofing, but will not be allowed to control the Caller ID during these calls. No exceptions will be made for ITELLAS users. Customers wishing to circumvent this policy should consider purchasing an account from www.itellas.com.
6.5 Toll Calls
Customers making any calls which result in added fees, including but not limited to Directory Assistance, Calls outside the continental U.S. not covered on a standard long distance plan, or calling card services, will be assessed the full fee incurred by ITELLAS, plus and additional $25.00 service charge. The total of this fee will be billed to any available credit card used to purchase minutes. Should the fee be declined, the customer will incur an additional $100.00 collection charge and the account will be closed and sent to a collection agency.
6.5.1 Automatic Dialers
ITELLAS does not permit the use of automated dialing software or hardware of any kind.
6.5.2 International Calling
ITELLAS allows calls to the United States, Mexico, and Canada only. Calls to other countries are not supported or permitted.
6.6 Identity Verification
ITELLAS employs certain techniques to assist in the detection of identity theft. When certain "red flags" are tripped during purchase, the ITELLAS security software will automatically lock a customer's account. In this event, customers are required to submit proof of identity to ITELLAS within 72 hours of the purchase. Acceptable forms of identity verification are telephone bills showing the Service Phone number, driver's license, or other utility bills. Customers who fail to or choose not to submit acceptable proof of identity will have their accounts closed and their purchase refunded in full automatically. ITELLAS will not honor requests to close accounts and/or refund charges during the 72-hour period. Customers who get angry and submit false claims of fraud to issuing banks during the 72 hour period will be subject to ITELLAS' standard False Chargeback fee of $250.00 and will be sent to collections immediately.
These policies are in place to stop identity theft, but typically result in a loss of revenue for ITELLAS. Therefore, we ask all customers to please be patient and understanding with the inconvinence of verifying their identities.
6.7 International Calling
ITELLAS permits calls only to the United States, Canada, and Mexico. Calls to other countries are not permitted. Should any customer manage to place a call to an area code outside of these, they will be charged the full cost of the calls plus a service charge.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website or any service, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
ITELLAS requires no contract and voluntary cancellation is expressly permitted. ITELLAS does not issue refunds except in the case of a server outage lasting longer than one hour. ITELLAS will be glad to arrange a demonstration of our services to be sure it will work for a given customer. UNUSED MINUTES AND/OR UNUSED TIME IS NON-REFUNDABLE. In the case of technical problems, customer MUST contact ITELLAS Support to request assistance with the problem. Failure to request support voids a customer's entitlement to a refund.
ITELLAS will take immediate legal action against any customer who unlawfully or dishonestly obtains a refund for services rendered. False chargebacks placed against ITELLAS for any services purchased either through the website or mobile app, or on the phone will be immediately referred to a collection agency, and a $250.00 fee will be assessed on the account. The customer may also face legal action depending on the severity of the fraudulent chargeback.
ITELLAS does NOT issue refunds for unwanted service. It is the customer's responsibility to close an account before it re-bills if they do not want to be charged. ITELLAS is not responsible for overdrafts, over-limit, or any other situation relating to a customer's bank or credit card account balance.
7.2 Reliability of Service
ITELLAS makes no warranties regarding the suitability of our service towards any particular application. Due to the complex and unpredictable nature of telephone and communication technology, ITELLAS cannot be held responsible for problems arising from any customer's use of non-standard telephones or communications equipment or services. Services including but not limited to Skype, Google Voice, Vonage, or any other VoIP-based product do not provide reliable DTMF interaction with services such as ITELLAS and therefore are not supported by ITELLAS. In addition, technical problems arising for customers using these services are not eligible for credit or refund. Customers using any VoIP-based technology do so at their own risk.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the state of Alabama without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the state of Alabama in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.
10.9 Acceptable Use of Our Service
You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In particular, depending on the state in which you are located or the person you are calling is located, you may violate state law by recording a telephone conversation without informing the other party. In addition, it is a violation of federal law to, and you shall not, use the caller ID spoofing feature in connection with telemarketing calls. ITELLAS reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement. In order to combat harassing or illegal conduct, including fraud and unauthorized access to voicemail, ITELLAS may monitor customers' calls and review customers' recordings stored on its servers.