Term Of User
1. Access and Privacy.
You agree to abide by any policies posted on Letsdial.COM. We expect that you will use caution and common sense when utilizing the services that come with Membership. Furthermore, by accessing Letsdial.COM you agree to comply with all applicable laws regarding your access to Membership services.
You must be at least eighteen (18) years old to register for the services provided in the Website. We also encourage anyone under the age of eighteen (18) years old to seek the consent of their parents or guardians before making use of any of the free services available at Letsdial.COM or before providing information about themselves to anyone on the Internet. Children should never reveal their addresses, phone numbers or other personal information to any strangers on the Internet.
In consideration of use of our services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Letsdial.COM retains the right to terminate your account and refuse any and all current or future use of the services.
Letsdial.COM may, in its sole discretion and at any time, modify and/or discontinue Letsdial.COM, and/or limit, terminate or suspend your use of or access to Letsdial.COM. And/or make changes to this Agreement. Your right of access and use of the Website shall not be deemed as a waiver of any of Letsdial.COM's rights hereto nor shall it be deemed as a grant of any rights to any of the information, intellectual property or other matters described or set forth herein.
2. No Warranties; Limits on Liabilities
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. Letsdial.COM MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE WEBSITE AND ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. Letsdial.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS
Letsdial.COM DOES NOT WARRANT THAT THE WEBSITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER.
IN NO EVENT SHALL Letsdial.COM BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR PUNITIVE DAMAGES (WHETHER FORSEEABLE OR NOT) INCLUDING WITHOUT LIMITATION LOST OR ANTICIPATED REVENUES OR PROFITS ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING INTENTIONAL OR NEGLIGENT CONDUCT), WHETHER IN CONTRACT OR TORT, OR DAMAGES ARISING FROM ANY ERRORS, MISTAKE, OMISSION, INTERRUPTION OR DELAY IN THE COURSE OF ESTABLISHING, FURNISHING, CHANGING OR TERMINATING ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR FOR ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN THIS WEBSITE, EVEN IF Letsdial.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCE SHALL Letsdial.COM'S LIABILITY TO ANY CUSTOMER EXCEED THE VALUE, CALCULATED AT Letsdial.COM'S THEN-APPLICABLE RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID CALLING CARD ("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. Letsdial.COM SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES.
THE OBLIGATIONS OF Letsdial.COM UNDER THIS AGREEMENT ARE SUBJECT TO, AND Letsdial.COM SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF Letsdial.COM.
3. Content and Uses of the Website
When/if you submit any content to any "public area" of the Website, you grant Letsdial.COM, its affiliates, suppliers, distributors, and third party service providers a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights, in "public area" content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor to access, display, view, store, and reproduce "public area" content for personal use. Subject to the foregoing, the owner of "public area" content retains any and all rights that may exist in such content. By accessing Letsdial.COM, you agree that you shall have no recourse against Letsdial.COM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Letsdial.COM.
You are solely responsible for your content, and we merely act as a passive conduit for your online distribution and publication of your information. However, we may unilaterally take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Letsdial.COM reserves the right to edit, copy, delete, in part or in full, any or all content provided by its members. Letsdial.COM may make these changes at any time for any reason without the prior consent or notification of the author.
You may only use Letsdial.COM for legal purposes. The content you distribute or request to receive (directly or indirectly) through Membership access, any products and services you may choose to offer (if permitted to do so), and any username you select: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation (including without limitation those governing export control, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; or (e) shall not contain any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages ("spam") through your use of services provided by Letsdial.COM or take any other action, which imposes an unreasonable or disproportionately large load on our infrastructure, including without limitation, using excessive network bandwidth. In addition, you may not distribute spam that directs or encourages users to visit our Website through the account of another provider. At our option and without further notice, we may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Letsdial.COM. You further agree not to use an inappropriate member name of any kind.
The entire contents of Letsdial.COM are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Letsdial.COM, its affiliates or other third party licenser's. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own noncommercial use. You hereby agree not to change or delete any copyright or proprietary notices from the materials downloaded or printed from Letsdial.COM
The rates applicable to all telecommunications services or products provided by Letsdial.COM shall be the rates charged by the underlying carrier at the time the PIN is purchased. All rates apply only to calls originated in the United States of America. Telecommunications services may also be subject to fees and surcharges, including without limitation per call fees or surcharges as set by the underlying carrier. An additional Federal Communications Commission mandated surcharge will be assessed for calls originated from a pay phone. These fees and/or surcharges are assessed at the time the call is made and are in addition to the per minute rate applicable to the call. By agreeing to purchase a PIN, you agree to pay the rates, fees and surcharges in effect for that PIN at the time of purchase.
All prepaid cards shall have an expiration date linked to the date of purchase, at which point it shall expire automatically. The expiration date is communicated to you along with your PIN Number and Access Number immediately following purchase. Any unused minutes or value shall be forfeited upon expiration.
All telecommunications services used in connection with Pins are provided by the underlying carriers of those telecommunications services.
Third Party Providers
You may order, purchase, or otherwise obtain services or merchandise through this Website from entities not affiliated with Letsdial.COM ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Letsdial.COM makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Letsdial.COM nor will Letsdial.COM be construed as a party to such transactions, whether or not Letsdial.COM may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Letsdial.COM may contain links that provide access to services provided by affiliates of Letsdial.COM. These links are provided solely as a convenience to you and not as an endorsement by Letsdial.COM of the content of such other websites. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF SUCH SERVICES
If we ask a third party to provide services through the Website or for your use, the provisions of this Agreement shall apply to your use of their services. Letsdial.COM is not responsible for the content on the Internet or WebPages that are contained outside the Website. Letsdial.COM make no representations as to the quality, suitability, functionality or legality of any other websites to which we may provide links, and you hereby waive any claim you might have against Letsdial.COM with respect to such sites.
You agree to indemnify, defend and hold harmless Letsdial.COM, its parent companies, subsidiaries, affiliates, and any officers, directors, employees, consultants, and agents of any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from your use of services provided by Letsdial.COM, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. The Agreement will inure to the benefit of Letsdial.COM and its successors, assigns and licensees.
5. Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Both you and Letsdial.COM submit to the exclusive personal jurisdiction of the State of New York and further agree that any cause of action arising under this Agreement shall be brought in a court in New York, New York.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
Letsdial.COM may freely assign this Agreement and upon such assignment Letsdial.COM will be relieved of any further obligation there under. You may not assign its rights under this Agreement, in whole or in part, to any third party.
9. Entire Agreement
Letsdial.COM reserves the right to charge fees, surcharges and/or membership fees at any time upon without prior written notice to you.
Letsdial.COM reserves the right to unilaterally amend this Agreement at any time by either: (I) notifying you by e-mail, in which case the amendments will be effective upon e-mailing you the notification at the e-mail address you have provided; or (ii) by posting the amended version on the Website and announcing on our Home Page that the amended agreement is available. In this case, such amendments will be effective when announced.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Letsdial.COM