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Terms of Use Agreement
The following Terms of Use Agreement is posted on TeleWorship’s Web Site and represent the standard Terms of Use that all Customer agree to as part of their Service Agreement(s) with TeleWorship.
Terms of Use Policy
This Terms of Use Agreement ("Agreement") sets forth the terms and conditions associated with your use of the services of TeleWorship ("TeleWorship"). "You," "your," and "subscriber" mean the customer of the Service defined below, and "TeleWorship," "we," "our," and "us" mean TeleWorship and any affiliates involved in providing you with the Service.
"Website" means all of the TeleWorship World Wide Web Internet sites at http://www.teleworship.com, its private members-only sites and/or the Customer Self Service site at http://css.teleworship.com.
"Service," or "Services" means the audio conferencing service, Web conferencing services and streaming media services provided by TeleWorship as listed on our Website and as described herein. The Service covered in this Agreement may not be available in all locations.
BY ENROLLING IN, USING OR PAYING FOR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE PRICES, CHARGES, TERMS AND CONDITIONS PROVIDED TO YOU WITH RESPECT TO THE SERVICE DURING THE SERVICE REGISTRATION PROCESS, INCLUDING IN MARKETING AND INFORMATIONAL MATERIALS ASSOCIATED WITH YOUR OFFER, AND ON THE TELEWORSHIP SERVICE WEB SITE, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. FURTHER, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER THIS AGREEMENT AND BECOME BOUND BY ITS TERMS. YOUR ONLINE AGREEMENT AND/OR ACCEPTANCE OF THIS AGREEMENT BY USE OF SERVICE WILL CARRY THE SAME LEGAL AUTHORIZATION AS IF YOU ARE PROVIDING A HANDWRITTEN SIGNATURE OF AGREEMENT ACCEPTANCE. IF YOU DO NOT AGREE TO ALL OF THE AFOREMENTIONED TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING TELWORSHIP CORPORATION AT 1 (214) 432-1195 FOR FURTHER DIRECTIONS. TELEWORSHIP RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT WISH TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.
1. SERVICE DESCRIPTION
1.1. Service Provided. TeleWorship is an entirely new voice and Web communication service which provides its customers with audio and Web conferencing services that enable callers listen, view and potentially participate Church worship services, classes or meeting via he public switched telephone network or the World Wide Web.
"Service" or "Services" is further defined to include audio conferencing, Web conferencing, steaming media services and any additional features or advanced features which may be offered at additional costs, and which TeleWorship, in its sole discretion, may add, modify, or delete from time to time.
1.2. Service Requirements. TeleWorship Services requires: (a) you the customer to have a working PSTN/NANP telephone service and working telephone device that you have a right to use at your own expense. Since the TeleWorship Service is dependent on the customer's functioning telephone connection provided by a third party, TeleWorship does not guarantee that the service will be continuous or error-free. In addition, Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications.
1.3. Service Distinctions. You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the enhanced Service offering provided by TeleWorship. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before any governmental telecommunications regulatory agencies.
1.4. Toll-Free Phone Numbers. In order for your callers to benefit from the ability to reach you, your callers must dial your TeleWorship Toll-Free Phone Number from within their local calling area.
Before your callers use any Toll-Free Phone Number, you must inform them to check with their local telephone service provider to ensure that no access surcharges or other fees associated with calls to the TeleWorship Toll-Free Phone Number. We will not reimburse you or your callers for any charges assessed by your or your callers' local phone company/s as a result of you or your callers dialing a TeleWorship Toll-Free Phone Number. Similarly, if you or your callers use a cellular phone to dial a TeleWorship Service, we are not responsible for any additional charges you or your callers' cellular service provider may levy on you or your callers' account for using the Service on your or your caller's cellular phone.
1.5. Privacy and Security. If you use Voice over IP communications for a portion of your service, Voice over IP communications utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. You acknowledge and understand that TeleWorship cannot guarantee that Voice over IP communications are completely secure. TeleWorship always respects your privacy and treats the content of all communications as private, except as may be required by law. Please refer to the TeleWorship Online Privacy Policy at www.teleworship.com/privacy.htm for additional information.
2. ACTIVATION AND USE
2.1. Account Setup/Activation. In order to become a TeleWorship customer, you must complete in full an application form or register through our customer service center. We may use such information to verify your identity and your creditworthiness. You give us permission to make such verification and to obtain your credit information from consumer credit reporting agencies at any time.
You will also establish a username and password. This username and password will be required to logon to the Website in order to access your account.
Once you have been accepted as a TeleWorship Service customer, we will send you an electronic mail message ("e-mail") that confirms that you have become a TeleWorship customer and provides you with information concerning your TeleWorship account (your "Account").
Please note that we may deny your application and refuse to provide you with the Service if your credit is not deemed satisfactory or for any other lawful reason, which determination shall be made at our sole discretion. In addition, we may accept your application for Service but set a credit limit based on your payment history or your credit score from consumer credit reporting agencies. If we do this, we will notify you of your initial credit limit but we reserve the right to adjust your credit limit at any time. If you exceed your credit limit, we may restrict your access to the Service and also require you to make payment towards outstanding balance on your account.
2.2. Usernames/Passwords. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD.YOU ARE RESPONSIBLE FOR ALL USES OF YOUR ACCOUNT, WHETHER OR NOT ACTUALLY OR EXPRESSLY AUTHORIZED BY YOU. If you believe that your Account and/or username and password is being used in an unauthorized manner, you agree to contact us immediately so that the appropriate modifications can be made to your Account.
Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a TeleWorship customer. You are responsible for maintaining a current, operational and secure e-mail address and for reading e-mail from us so that we can notify you of updates to our Service and provide you with information concerning your Account. We are not responsible if others can access that email account and obtain your Account information. Please note also that you are responsible for any and all charges to your account and that we cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your account information.
2.3. Usage Conditions. The following conditions are specific to the Service:
- In order to use the Service, your TeleWorship Service Account must be current and all previously billed amounts have been paid in full.
- As you use the Service, your Account will be charged accordingly.
- Calls in progress may be terminated if your Account balance reaches or exceeds your credit limit.
2.4. Fraudulent Use; Termination by TeleWorship. You will not use the Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers; or (2) avoids your obligation to pay for the Service. If we have reason to believe that you or someone else is abusing the Service or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel your Account and your ability to use the Service without advance notice. If you do not make payments for current or prior bills, including payments for late fees or any other required additional charges, by the required due date or we are unable to charge to your credit/debit/charge card or bank account (e.g. the card is no longer valid or you have instructed the credit/debit/charge card company to block, reject or refuse to pay such charge) such amounts as payable by you, we may suspend, restrict, or cancel your Account and your ability to use the Service upon two (2) days notice to you through electronic mail message ("e-mail"). In all other instances, we reserve the right, at our sole discretion and for any reason or no reason at all, to (a) suspend, restrict or terminate your Account and your access to the Service and/or (b) refuse to allow you to recharge your prepaid Service Account, upon five (5) days electronic notice to you.
2.5. Customer Service. If you have questions, concerns or complaints about your Service, you may contact our Customer Service Department by e-mail at support@teleworship.com or by phone at 1 (214) 295-1100.
3. CHARGES AND PAYMENT
3.1. Term. The Service is offered on a monthly basis which begins on the date that TeleWorship activates your Service and ends on the last calendar day of the same month. Subsequent terms of this Agreement are for a period of one (1) month and automatically renew on a monthly basis without further action by you unless you give TeleWorship written notice of non-renewal prior to the end of the monthly term in which the notice is given. Expiration of the term or termination of the Service will not excuse the End User from paying any unpaid, accrued charges that are due in relation to the Agreement.
3.2. Rates and Charges. Our rates and charges are listed on our Website and are incorporated by reference herein. All prices both here and on our Website are shown in US dollars. The payment methods we make available will determine our ability to accept various currencies but all charges are currently in US dollar amounts only.
3.3. Rating of Calls. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 15 seconds will be charged as a 2 minute call). Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or our network receives an "on-hook" signal from the terminating carrier. Per call charges are rounded up to the next whole penny. We may change the billing period or billing increment from time to time by posting any such change on our Website at least ten (10) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately. You must notify us in writing of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges.
3.4. Setup Charges. You will NOT be assessed an initial setup charge for establishing a TeleWorship Account or TeleWorship Service.
3.5. Monthly Service Fee. You will NOT be assessed a fixed monthly service fee for the TeleWorship Service other than the usage fess charged for a Minute of Use.
3.6. Taxes and Other Charges. You must pay all taxes, fees, surcharges and other charges that we bill you for the Service, unless you can show documentation satisfactory to us that you are exempt. Taxes, fees, surcharges and other charges will be in the amounts that federal, state and local authorities require us to bill you. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
3.7. Applicable Charges. The applicable rates and charges for the Service are shown at our Web site. Taxes and other charges as they may apply. Currently, TeleWorship is required to collect a 3% Federal Excise Tax. This charge will be reflected as such in your statements and/or invoices as appropriate.
3.8. Rate Changes. We may change the rates and charges for the Service and offer special promotions from time to time. We may decrease rates or charges at any time without providing advance notice. We will post any increase in our rates or charges on our Website at least ten (10) days before they become effective, except that increases that recover our costs associated with government programs (excluding taxes and other charges as provided in this Section III) are effective no sooner than three (3) days after we post such increases on our Website.
3.9. Payment. You agree to pay us for the Service at the rates and charges listed in this agreement. You agree that we may charge all charges relating to the Service to the payment method you chose in your application for the Service irrespective of when such charges were incurred or, if the charge is not accepted, bill you directly for such charges. If the charges are not accepted by your payment method for any reason other than your disputing in good faith the validity of Service charges, we may charge you an additional fee as well as a late fee of 1.5% per month, which we will apply to that period's unpaid charges and any outstanding charges and fees that remain unpaid at the time of the next bill. If the state law where you receive the Service requires a different fee or rate, we will charge that fee or apply that rate.
3.10. Billing Information and Monthly Statements. All TeleWorship Service customers will have confidential access to their billing or usage information - for the current month and the prior six months - on the Customer Self Service site that can be found at http://css.teleworship.com 24 hours a day/ 7 days a week. We may assess you a processing fee if you request a copy of a statement that is no longer available online.
If you are enrolled in a pay-after-use calling plan, your charges will accrue through a full billing period. We may prorate or adjust a bill if the billing period covers less than or more than a full month. In addition to being able to view your billing information on the Website at any time, we will send to your e-mail address a monthly statement detailing your charges for the previous billing period. Failure by us to include a charge in the monthly statement immediately following the date such charge was incurred does not constitute a waiver by us of our right to bill and collect such charge from you. You agree that we include charges for calls that were made in prior billing periods on any monthly statement. You also agree that we may send such monthly statement in electronic form only. We reserve the right to change the format of the monthly statement, the billing period and/or the availability of past statements online from time to time.
3.11. Billing Disputes. You are responsible for reviewing your monthly statements or billing information, as the case may be. If you are enrolled in a prepaid calling plan, you must notify us by e-mail (support@teleworship.com) or telephone 1 (214) 295-1100 of any disputed charges within thirty (30) days of the charge being posted to your Account. If you are enrolled in a pay after use calling plan, you must notify us by e-mail (support@teleworship.com) or telephone 1 (214) 295-1100 of any disputed charges within thirty (30) days of our issuance of the monthly statement containing such charge. To the extent we determine that a billing adjustment is warranted, we will credit your Account as provided herein. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding the particular charge.
4. SUSPENSION AND CANCELLATION OF SERVICE
4.1. Cancellation. You may discontinue using the service at any time by notifying us by e-mail (support@teleworship.com) or by calling our customer service center at 1 (214) 295-1100. We will then shut down access to your Account. In all cases, you will remain responsible for payment of all charges for Service rendered up through the date you discontinue service. If you are enrolled in a prepaid Service, you will not be entitled to any refund of the unused balance in your prepaid Service Account as of the date you discontinue service. You may further be liable for the Early Deactivation Fee as described in Section III. We will provide the Service to you until one or more of the following events occur:
- You choose to close your Account by notifying us by e-mail at support@teleworship.com or by calling our Customer Service Center at 1 (214) 295-1100.
- We suspend or terminate your Account.
- We discontinue this Service.
4.2. Expiration Policy. We may, in our discretion, elect to let your TeleWorship Account username and password expire after six (6) months of inactivity (measured from the date of last use or last recharge on the Account, whichever is later). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (support@teleworship.com) or by calling our customer service center at 1 (214) 295-1100. Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your TeleWorship Service, your username and password. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid Service Account as of the date it expires.
4.3. Reassignment of Number upon Service Termination. Upon termination of the Service, TeleWorship may, at its sole discretion, reassign any phone numbers provided to you by TeleWorship. You shall not obtain any rights, title or interest in the phone numbers and the phone numbers are not portable to other service providers. TeleWorship reserves the right to change, cancel or reassign the assigned phone numbers at TeleWorship's discretion.
4.4. Termination/Discontinuance of Service. TeleWorship reserves the right to suspend or terminate the Service or features or aspects of the Service, subject to applicable law and regulation at any time, with or without cause and without notice to you. If TeleWorship discontinues providing the 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 for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of TeleWorship or of a third party provider to which TeleWorship is subject), you will waive the remainder of any monthly term.
4.5. Outstanding Charges. If your Account is suspended, restricted, or cancelled, you are still responsible for any charges that accrue through the date that we fully processes the suspension, restriction or cancellation. You must pay all outstanding charges for these Service, including payment of any bills that remain due after the date of cancellation. Subject to Section IV and applicable state law, you must reimburse us for any reasonable costs we incur, including attorneys' fees, to collect charges owed to us. If we elect to reactivate your Account and your ability to use the Service, we may require that you prepay or pay a deposit and/or service restoration fee.
4.6. State Refund Requirements. Where required by law in specific states, and subject to the requirements thereof, customers who cancel their service within the first three, five, seven, fifteen or other number of days specified by state law, as applicable, following acceptance of this Agreement, will be refunded all charges incurred with respect to their account.
5. INDEMNIFICATION, LIMITATION OF LIABILITY AND WARRANTIES
5.1. Indemnity. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM BY THIRD PARTIES AGAINST EITHER OF US ARISING FROM YOUR USE OF THE SERVICE OR THE WEBSITE. IN ADDITION, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, RELATED TO THE DEFENSE OF ANY SUCH CLAIM AGAINST US, UNLESS SUCH CLAIMS ARE BASED ON OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
5.2. Limitation of Liability. EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR THE SERVICE DURING THE RELEVANT PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOU OR YOUR CALLERS' INABILITY TO ACCESS, OR YOU OR YOUR CALLERS' DIFFICULTY IN ACCESSING, OUR SERVICE THROUGH TOLL OR LOCAL CHINESE ACCESS NUMBERS. AS INDICATED EARLIER, WE ARE NOT LIABLE FOR ANY TOLL CHARGES YOU OR YOUR CALLERS MAY INCUR IN USING A LOCAL CHINESE ACCESS NUMBER. THIS SECTION V WILL REMAIN IN EFFECT AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
5.3. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
6. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.
6.1. Binding Arbitration. The arbitration process established by this Section VI is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C.; 1-16. You agree that all disputes, claims and/or controversies arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration in accordance with the provisions of this Section VI, and you waive all rights to take a dispute or claim to a small claims court or any other judicial forum. This includes any dispute based on any product, Service or advertising having a connection with this Agreement.
6.2. Arbitration Procedures. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date the dispute is submitted to the AAA. The arbitration will be conducted by a single arbitrator, who shall be an individual engaged in the practice of law. The arbitrator shall be selected by the AAA in accordance with its procedures. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE OR PROVIDED FOR IN THIS AGREEMENT. YOU AND TELEWORSHIP BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
6.3. Arbitration Information and Filing Procedures. Before you take a dispute to arbitration, you must first contact us by e-mail at support@teleworship.com or by calling us at 1 (214) 432-1195, and give us an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or TeleWorship is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying us within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
6.4. Fees and Expenses of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA's filing fee and administrative expenses for a document arbitration will be allocated according to the AAA's Rules, except as stated herein. If you elect an arbitration process other than a document ("desk") or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. You may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA's rules and policies is available at the AAA's website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA's fees and expenses of the arbitrator from you.
6.5. Survival of this Section. If any portion of this Section VI is determined to be invalid or unenforceable, then the remainder shall remain in full force and effect.
7. MISCELLANEOUS.
7.1. Agents and Resellers. No agent or reseller is permitted to sell our Service, electronically; through phone cards; or by any other means, unless it has been specifically authorized by TeleWorship. If you are contacted by an agent, you should contact us to confirm whether the agent has the proper authorization. We cannot be held liable for any representation by a third party.
7.2. Access to Third-Party Vendors. We may, from time to time, offer our customers the ability to purchase various products and service from third-party vendors by accessing those third-party vendors directly through the Website via click-throughs or hyperlinks. We are not responsible for the contents of any linked site, the products/service offered through those sites, any link to other sites contained in a linked site, or any changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply an endorsement, guarantee or warranty (either expressed or implied) by us of the site or the products/service offered through that site.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICE AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.
7.3. Acts Beyond Our Control. Except for your obligation to pay for the Service, neither of us is liable to the other for any delay, failure in performance, loss or damage due to causes beyond our reasonable control, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions of carriers or suppliers, systems failure and acts of regulatory or governmental agencies.
7.4. Consent to E-Mail Communications. By entering into this Agreement, you consent to the receipt of e-mails from TeleWorship. In addition to sending you e-mail notifications as provided for above, we may also send you e-mails about other products and service we believe may be of interest to you. You may opt-out of future e-mails about products or service by contacting us either by e-mail at unsubscribe@teleworship.com or by calling us at 1 (214) 295-1100. We reserve the right, however, to continue to e-mail you important information relating to your Account, this Agreement or the Service in which you are enrolled. Please also see our privacy policy at www.teleworship.com/privacy for more details.
7.5. Modifications/Amendments. We may modify or amend this Agreement from time to time. Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on the Website. You may request a copy of the revised Agreement by e-mailing us at support@teleworshipr.com or by calling us at 1 (214) 295-1100.
YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICE AFTER THE APPLICABLE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.
7.6. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of TeleWorship, including but not limited to "TeleWorship" and "teleworship.com" (collectively "Marks") are and shall remain the exclusive property of TeleWorship and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
7.7. Assignment. We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to you. If we do that, we will have no further obligation to you in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.
7.8. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
7.9. Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and TeleWorship with respect to the Service provided hereunder and will supersede and replace all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and TeleWorship. No written or oral statement, advertisement or service description not expressly contained in the Agreement will be allowed to contradict, explain, modify or supplement it. You acknowledge and agree that you are not relying on any representation or statement by TeleWorship that is not included in this Agreement.
7.10. Governing Law. This Agreement is governed by the law of the State of Texas, without regard to its choice of law rules. The arbitration provisions in Section VI are also governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Service.
7.11. Waiver. Either party'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 or right.
7.12. Compliance with Laws. You agree to use the Service in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, we reserve the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and assigned number in the event we determine that you have violated any such term, condition, law and/or regulation.