Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

Welcome to Innoport Express. The services that Intellicomm may from time to time make available through the Internet domain innoportexpress.com (hereby collectively called the "Service") are owned and operated by Intellicomm Inc. ("Intellicomm"), and are provided to you under the terms and conditions of this Terms Of Service ("TOS") which may be updated by Intellicomm from time to time without notice to you. This TOS is inclusive of any operating rules, policies, price schedules, or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. You can review the most current version of the TOS at any time at the Innoport Express website at www.innoportexpress.com (“Website”). The TOS comprises the entire agreement between you and Intellicomm regarding the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein, but expressly excludes any other services (including services that are the same as Service but offered on a subscription basis) offered by Intellicomm through other domain names which you may use, including innoport.com and straightreach.com (and domain name variations pointing to them), all of which are governed by the terms and conditions specified at those domain websites. By visiting the Website or using the Service, you agree to be bound by the terms and conditions of the TOS.

2. DESCRIPTION OF SERVICE

Intellicomm is providing you with a capability to, among other things, conduct pay as you go communications and related transactions using the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Intellicomm assumes no responsibility for the timeliness, deletion, misdelivery, nondelivery, or failure to store any user communications, user generated information or personalization settings. In order to use the Service, you must obtain access to the Internet and/or access to an email service, either directly or through devices that access the Internet and/or email services, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and/or email services, including a computer and modem or other access device.

3. YOUR OBLIGATIONS

In consideration of your right to use of the Service, you agree to: (a) provide true, accurate, current and complete information about the data submitted for processing by the Service and (b) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or Intellicomm has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, Intellicomm has the right to, remove such information, suspend or terminate your use of the Service and refuse any and all current or future use of the Service (or any portion thereof) to you.

4. PRIVACY POLICY

Intellicomm is a privacy conscious organization. To demonstrate Intellicomm’s commitment to customer privacy, it has developed a Privacy Policy for the Service, which may be updated by Intellicomm from time to time without notice to you. The Privacy Policy is incorporated into this TOS by this reference and by accepting this TOS or accessing the Website or using the Service at any time, you expressly consent to Intellicomm’s use of your information as described in the then current Privacy Policy for the Website and the Service. You can review the most current version of the Privacy Policy at any time at the Website.

5. SECURITY

If you are provided password and/or PIN protected access to any portion of the Service, you acknowledge and agree that the confidentiality of such passwords, PINs, codes, license keys to access any portion of the Service through applications, or any other authentication information is entirely and solely your responsibility. Furthermore, you agree to be fully responsible for all activities that occur under your access privileges. You agree to immediately notify Intellicomm of any unauthorized use of your access privileges or any other breach of security. You agree to pay all charges billed under your access privileges, including unauthorized use prior to your notification to Intellicomm of such unauthorized use and taking steps to prevent such unauthorized use.

6. TELEPHONE NUMBER

YOU AGREE THAT YOU ARE NOT THE OWNER OF ANY TELEPHONE NUMBER(S) ASSIGNED TO YOU BY INTELLICOMM FOR YOUR USE AS PART OF THE SERVICE. ALL SUCH TELEPHONE NUMBERS ARE OWNED SOLELY BY INTELLICOMM. FURTHERMORE, YOU AGREE THAT FOLLOWING THE TERMINATION OF SERVICE FOR ANY REASON WHATSOEVER OR UPON COMPLETION OF YOUR USE OF ANY PORTION OF THE SERVICE, SUCH TELEPHONE NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANYONE ELSE IN INTELLICOMM’S SOLE DISCRETION AND YOU AGREE THAT INTELLICOMM SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT THE USE OR INABILITY TO USE THE SERVICE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF INTELLICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOU CANNOT, UNDER ANY CIRCUMSTANCE, AUTHORIZE OR CHARGE SERVICES PROVIDED BY ANY THIRD-PARTY SERVICE PROVIDER TO ANY TELEPHONE NUMBER(S) ASSIGNED BY INTELLICOMM TO YOU AS PART OF THE SERVICE. UPON ANY SUCH CHARGES, INTELLICOMM RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE WITHOUT ANY NOTICE AND TO PURSUE LEGAL AND EQUITABLE MEANS TO COLLECT SUCH CHARGES OWED BY YOU TO INTELLICOMM.

7. BILLING POLICY

You agree to be bound by the pricing and billing practices then in effect on the Website. All charges are payable in United States currency (even if approximate prices are shown in a different currency for ease of understanding) and are exclusive of any value added tax, sales tax or other taxes, except as required by law. Intellicomm reserves the right to authorize or place a hold for an estimate of fees or charges in advance at the beginning of each transaction or use of the Service. You agree to pay any fees or charges incurred for each transaction or use of the Service.

By using the Service (a) you authorize Intellicomm to charge the credit card or any other payment instrument provided by you in the dollar amount based on the pricing and billing practices then in effect for the Service and (b) you agree to pay all such charges. Any service credits, including, but not limited to, promotion credits, referral rewards credits, volume discount credits and courtesy credits (collectively, "Service Credits"), can only be applied towards use of the Service and cannot be redeemed for cash under any circumstances.

If a transaction or use of the Service involves a telephone call where you are billed on a timed basis, all such calls will be billed in sixty second increments unless stated otherwise on a pricing schedule on the Website. Any charges with fractional cents will be rounded to the next whole cent. For fax or voice broadcast transactions, charges will be rounded on an individual call basis. If you are billed or presented a cost for a transaction or use of the Service in terms of number of page(s) in advance, you understand and agree that the computation of such pages involves Intellicomm’s best effort in computing and/or estimating the number of pages and is subject to revision based on actual number of pages.

All charges for transactions initiated by using the Service are non-refundable. However, if a refund is issued by Intellicomm for any reason, it may be issued to the credit card on record for the transaction. Intellicomm reserves the right to issue any refund as a time-limited service credit for future use of any portion of the Service. No cash refunds will be given.

You agree that any disagreement or dispute concerning a bill or a charge must be made within thirty (30) days of the billing date. If you fail to notify Intellicomm of a disputed charge within such thirty (30) day period, you shall have irrevocably waived the right to dispute such charges and will be unconditionally responsible to pay such charges. You must pay all charges on time until the dispute is resolved.

Your use of Service authorizes Intellicomm to bill any charges incurred by you to your credit card or other payment option available to you via the Service. You are subject to a $25.00 fee on invalid credit/debit card chargebacks and returned checks. For any pending transaction with the Service, you agree to notify Intellicomm of any change in the status of your credit card, including any cancellation, change of account number, change of billing address, or change of any authorized users. Intellicomm reserves the right to suspend, block and/or terminate your use of the Service, with or without notice, upon rejection of any credit card charges made to your credit card or if your card issuer (or its agent or affiliate) seeks a refund on payments previously made to Intellicomm when Intellicomm believes that you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Intellicomm. Furthermore, should Intellicomm pursue legal and equitable means to collect any amounts owed by you, you agree to pay all reasonable attorneys’ fees, court costs and collection fees incurred by Intellicomm in the collection thereof.

Intellicomm reserves the right to change prospectively the pricing or billing practices as necessary by posting the changed pricing or billing practices on the Website.

8. MODIFICATIONS TO SERVICE

Intellicomm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Intellicomm shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.

9. TERMINATION

You agree that Intellicomm, in its sole discretion, may terminate your use of the Service (or any part thereof) and remove and discard any information within the Service, for any reason, including but not limited to (a) if Intellicomm believes that you have violated or acted inconsistently with the TOS, (b) if you provide incomplete, inaccurate or untrue information to Intellicomm, or (c) if Intellicomm decides to discontinue offering the Service.

Upon termination, you shall have no right to use the Service. You also agree that upon termination for any reason whatsoever or upon completion of a transaction using the Service (a) Intellicomm will have no obligation to forward any unsent, unread, or stored messages to you or any third party, (b) your stored messages, files or other settings may be deleted permanently, and (c) Intellicomm will have no obligation to inform anyone dialing a telephone number assigned to you prior to termination or completion of a transaction about the termination, transaction or any other information relating to your termination or use of the Service. Intellicomm reserves the right to refuse the Service to anyone whose Service was terminated by Intellicomm or who previously terminated the Service for whatever reason.

10. INDEMNIFICATION

You agree to indemnify and hold Intellicomm, and its subsidiaries, affiliates, officers, directors, shareholders, agents, co-branders or other partners, and employees, harmless from any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, or judgments whatsoever, whether groundless or otherwise, made by any third party due to or arising out of your use of the Service, breach or violation of the TOS, your violation of any rights of another customer of the Service, and/or your violation of any laws or regulations prohibiting transmission of unsolicited emails, faxes, voice mails, text messages or other transmissions.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell the Service or any portion of the Service, or to use or access the Service in order to exploit the Service for any commercial purpose.

12. GENERAL USE AND LIMITATIONS

You acknowledge that Intellicomm may establish general practices and limits concerning use of the Service, including without limitation the maximum number of telephone numbers assigned to you, the maximum number of days your transaction or any other information will be retained by the Service, the maximum number of fax, voice mail or other messages that may be sent or received by you via the Service, the maximum size of any fax, voice mail or other messages that may be sent or received on the Service, the maximum length of time allowed for a voicemail message, the maximum characters allowed for a text message, the maximum disk space that will be allotted on Intellicomm’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree to take no actions which impose an unreasonable or disproportionately large load on the Service resources (as determined solely by Intellicomm). You agree that unsolicited distribution of commercial faxes, voicemail and other messages (“junk messages”) through the Service is prohibited and Intellicomm may, in its sole discretion and with or without notice, use technologies to eliminate delivery of such messages. Furthermore, Intellicomm reserves the right to use technologies to eliminate delivery of such “junk messages” to you via the Service, with or without notice to you.

You certify that the faxes you send through the Service comply with all applicable laws and regulations, including the restrictions against sending unsolicited fax advertisements in the Telephone Consumer Protection Act ("TCPA") and the rules of the Federal Communications Commission ("FCC"). You further certify that the Service has not had a high degree of involvement in preparing and sending the faxes, and that the Service has not provided the phone numbers of the fax recipients, designed the content of the faxes, made claims that faxes to the phone numbers of the recipients are legal, or advised about how to comply with the TCPA or the rules of the FCC.

13. CONTENT AND YOUR CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted through the use of the Service, is the sole responsibility of the person from which such Content originated. Therefore, Content originator and NOT Intellicomm is solely responsible for all Content transmitted through the use of the Service. Intellicomm does not guarantee the accuracy, integrity or quality of any Content transmitted through the Service. Furthermore, under no circumstances will Intellicomm be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind whatsoever incurred as a result of the use of the Service. Under no circumstances will Intellicomm be liable for any Content sent to you or viewed by you through the Service that is offensive, indecent or objectionable in any way. Intellicomm reserves the right to take any action, with or without any notice to you, including but not limited to terminating your use of the Service and/or blocking your use of the Service, for any transmission of Content by you that violates any agreements between Intellicomm and its suppliers and partners. You agree that Intellicomm may save Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) enforce this TOS (b) comply with the law (c) respond to claims that any Content violates the rights of third-parties and/or (d) protect the rights of Intellicomm, its customers and the general public.

You agree to not use the Service to: (a) transmit any Content that is unlawful, threatening, harmful, abusive, harassing, obscene, libelous, hateful or otherwise objectionable in any manner; (b) conduct any illegal activities; (c) impersonate an individual or an entity or an affiliation with an individual or an entity; (d) infringe any third party’s patent, copyright, trademark, trade secret or other proprietary rights; (e) harm minors in any way; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, policies or regulations of networks connected to the Service; (g) intercept, manipulate, forge or in any other way alter the identifiers of the transmission in order to manipulate the origin of the Content transmitted through the Service; (h) intercept, manipulate, forge or in any other way alter the Content transmitted through the Service; (i) collect or in any way store or manipulate data of other customers of the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law and regulations; (k) transmit any unsolicited or unauthorized advertising, offers, promotional materials, "junk mail", "junk messages", "spam", "pyramid schemes" or "chain letters"; (l) transmit messages to any individual or an entity of a list where the individual or the entity has not given permission to be included in the list; or (m) transmit any material that contains software viruses or any other computer software code that is designed to interrupt, destroy or in any way limit the functionality of any computer software, hardware, network or telecommunications equipment.

14. DEALINGS WITH ADVERTISERS

Your correspondence or dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Intellicomm shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers on the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND INTELLICOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) INTELLICOMM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS (v) THE QUALITY OF TRANSMISSION OF INFORMATION AND DATA WILL BE ACCURATE, LEGIBLE OR AUDIBLE (vi) THE TRANSMISSION OF INFORMATION AND DATA WILL BE COMPLETE (vii) THE CALLER ID INFORMATION WILL BE COMPLETE OR ACCURATE AND (viii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) INTELLICOMM ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION, DATA OR MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS. (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTELLICOMM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTELLICOMM OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELLICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN THE EVENT THE FOREGOING LIMITATION IS NOT EFFECTIVE FOR ANY REASON, YOU AGREE THAT THE LIABILITY OF INTELLICOMM AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AN AGGREGATE AMOUNT OF THE GREATER OF $1 OR THE SMALLEST AMOUNT PERMITTED BY LAW FOR ALL CAUSES OF ACTION OF ANY KIND. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES (IF ANY) FOR THE SERVICE SET BY INTELLICOMM HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE INTELLICOMM AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 16.

17. GENERAL

This TOS is personal between you and Intellicomm and governs your use of the Service, superseding any prior agreements between you and Intellicomm with regards to the subject matter contained herein. It is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This TOS and the conduct of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. The failure of Intellicomm to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

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