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Terms and Conditions

TERMS AND CONDITIONS For CPWORLDCOM.COM

 

 

DESCRIPTION OF SERVICES.

Through its network of Web properties, CP World Communications LLC provides you with access to a variety of fax, voice, voicemail, PBX, email and email marketing, and messaging services (the "Services). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms.

3. NO RESALE OF SERVICES.

Your right to use the services is personal to you and you agree not to resell the use of the Services.

4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

See the Privacy Policyt for disclosures relating to the collection and use of your personal information.

5. DATA PROTECTION AND STORAGE OF MESSAGES

While your account is active, CP World Communications LLC will store messages received through your Phone account, for a period of up to one week, in each case measured from the date of receipt of such message. Lists are maintained while the account is in good standing. CP World Communications LLC shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer information in its possession. Customer acknowledges that CP World Communications LLC may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes will be posted on CPWorldCom website. Customer further agrees that this feature is provided as a convenience to Customers only and CP World Communications LLC has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained by the Services.

6. CHARGES.

You agree to pay all charges for your use of CP World Communications LLC Services according to the payment plan applicable to your service. CP World Communications LLC reserves the right to change prices or institute new charges for access to or use of CP World Communications LLC Services unless you have a signed written agreement with CP World Communications LLC. All changes will be posted by CP World Communications LLC at the CPWorldCom website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of CP World Communications LLC Services or non-termination of your CP World Communications LLC account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Charges for Services may include Set Up, Recurring Subscription. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of CP World Communications LLC) in accordance with the usage rates applicable to each service you use.

Your payment plan may include a monthly allowance of free incoming phone calls or emails. In the event that you have exceeded your rate plan's allotted allowance you will be automatically charged usage fees for each call or email in excess of your monthly allowance. Unused allowances are not transferable from month to month.

Payment of your CP World Communications LLC account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for CP World Communications LLC use and transactions. If your CP World Communications LLC account is a qualified business account and is approved by CP World Communications LLC for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

If you subscribed for a Service pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit card, without further authorization from you, upon the expiration of such free trial period, if any, unless you provide prior notice (in accordance with CP World Communications LLC verification procedures, as may be established by CP World Communications LLC from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before CP World Communications LLC reasonably could act on your notice.

Charges are to be paid on a monthly basis in US currency in which billed. A failure to pay the charges is a material breach of this agreement and grounds for termination by CP World Communications LLC. If the payment method for your CP World Communications LLC account is by credit card and payment is not received by CP World Communications LLC from the card issuer or its agents, you agree to pay all amounts due upon demand by CP World Communications LLC. Each time you use CP World Communications LLC Services, or allow or cause CP World Communications LLC Services to be used, you agree and reaffirm that CP World Communications LLC is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with CP World Communications LLC, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that CP World Communications LLC may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that CP World Communications LLC may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

You agree that CP World Communications LLC may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with CP World Communications LLC' verification procedures, as may be established by CP World Communications LLC from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before CP World Communications LLC reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact CP World Communications LLC' Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by CP World Communications LLC in accordance with this Agreement.

All charges will be exclusive of sales tax, except as required by law. Florida residents will be charged 7% rate. If your residency status changes, you will notify CP World Communications LLC and be required to provide a mailing address and proof of residency.


7. MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify CP World Communications LLC promptly of any changes to this information as required to keep it current, complete and accurate You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under by all users associated with your account.

You agree to notify CP World Communications LLC immediately of any unauthorized use of your account or any other breach of security. CP World Communications LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CP World Communications LLC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

8. USE OF SERVICES / CUSTOMER RESPONSIBILITIES

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state in which you reside, and that you possess the legal right and ability to enter into this Agreement. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of CP World Communications LLC Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

You must (a) obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services; (b) maintain the security of your password, PIN number and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying CP World Communications LLC of such use and taking steps to prevent its further occurrence.

Images hosted by CP World Communications LLC on CP World Communications LLC controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by CP World Communications LLC, CP World Communications LLC hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.

9. NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any CP World Communications LLC server, or the network(s) connected to any CP World Communications LLC server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any CP World Communications LLC server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name CP World Communications LLC or any other trade name or trade mark of CP World Communications LLC without express, prior permission and you will not obstruct the identification procedures used by CP World Communications LLC in the services.

You represent that the information submitted for transmission via the CP World Communications LLC network for CP World Communications LLC services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.

You are fully responsible for your actions through the Services and agree and acknowledge that you are the creator of all content, and that CP World Communications LLC is not the author or publisher of any content and CP World Communications LLC does not rent or sell lists of any kind. CP World Communications LLC simply acts as a passive conduit for you to receive information of your own choosing.

CP World Communications LLC prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including but not limited to illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons, material that exploits children, encourages violence, spam, obscenity, and similar activities. This is not an exhaustive list, and CP World Communications LLC, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. CP World Communications LLC will terminate your use of its Services if CP World Communications LLC determines such prohibited content or use is in violation of this agreement. Any information stored on the CP World Communications LLC servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by CP World Communications LLC without notice. CP World Communications LLC reserves the right to remove any image which contravenes this Agreement without notice to the you.

CP World Communications LLC does not:

  • Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
  • Assume liability for any harassing, offensive or obscene material distributed through the Service to you or others under your account,
  • Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
  • Assume liability for claims concerning email or voice messages sent to you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
CP World Communications LLC reserves the right at all times to disclose any information as CP World Communications LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request. CP World Communications LLC reserves the right but is not obligated to review the content of any of your messages for compliance with these terms and other legal requirements upon receipt of a complaint. CP World Communications LLC further reserves the right to take any other action with respect to the Services that CP World Communications LLC deems necessary or appropriate in its sole discretion if CP World Communications LLC believes you or your information may create liability for CP World Communications LLC or others, compromise or disrupt the Services for you or other Customers, or cause CP World Communications LLC to lose (in whole or in part) the services of CP World Communications LLC' ISPs or other suppliers.

You agree to indemnify and hold CP World Communications LLC and its agents harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of your use of the services, your violation of the terms of this agreement, and the delivery of any of your messages and documents using the services, or the infringement of any trademark or copyright by you.

10. OWNERSHIP.

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the CP World Communications LLC Service are wholly owned by CP World Communications LLC and/or its licensors and service providers except where expressly stated otherwise.

You understand and agree that you are not the owner of any CP World Communications LLC voice number (CP World Communications LLC Number) assigned to you by CP World Communications LLC. Ownership of any such CP World Communications LLC Number is vested solely in CP World Communications LLC (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your CP World Communications LLC account for any reason, such CP World Communications LLC Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that CP World Communications LLC will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if CP World Communications LLC has been advised of the possibility of damages.

At the end of your contract with CP World Communications LLC you may not request that your CP World Communications LLC number be ported out to your new service provider.

You further understand and agree that CP World Communications LLC may from time to time need to change the CP World Communications LLC Number assigned to you (whether due to an area code split or any other reason whether outside or within CP World Communications LLC' control). You agree that CP World Communications LLC will not be liable for damages (including consequential or special damages) arising out of any such change in the CP World Communications LLC Number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if CP World Communications LLC has been advised of the possibility of damages.

In particular, you agree that you are not authorized to charge services provided to you or at your request to the CP World Communications LLC Number assigned to you by CP World Communications LLC and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give CP World Communications LLC the right to immediately terminate your CP World Communications LLC account without notice.

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

THE SERVICES ARE PROVIDED 'AS IS' AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CP WORLD COMMUNICATIONS LLC FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICE OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY CP WORLD COMMUNICATIONS LLC WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON CP WORLD COMMUNICATIONS LLC.

NEITHER CP WORLD COMMUNICATIONS LLC NOR ANY OF ITS PARTNERS AFFILIATES OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF CP WORLD COMMUNICATIONS LLC' OR ANY SUCH PARTNER'S, AFFILIATE'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.

The aggregate liability of CP World Communications LLC, it's parent, subsidiaries or affiliates, whether for tort (including negligence), breach of contract (including fundamental breach or failure of an essential purpose), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences, shall in no circumstances exceed the amounts paid by Customer to CP World Communications LLC with respect to the Service giving rise to the claim. IN NO EVENT SHALL CP WORLD COMMUNICATIONS LLC, ITS LICENSORS OR THE PARENT, SUBSIDIARIES OR AFFILIATES OF ANY OF THEM BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR CP WORLD COMMUNICATIONS LLC' INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF CP WORLD COMMUNICATIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.

12. TERMINATION

If you are an Online or month-to-month Subscriber or have a "Pay as you Go" account: You may cancel the services at any time by calling +1-813-579-5958.

If you have a signed written Agreement with CP World Communications LLC the termination provision found in the Written Agreement applies.

CP World Communications LLC reserves the right to suspend or terminate services if CP World Communications LLC, in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices.

CP World Communications LLC shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. CP World Communications LLC shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.

Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.

14. JURISDICTION AND GOVERNING LAW

You agree that these Terms shall be governed by and construed in accordance with the laws of the State of Florida, and you hereby consent and agree to the jurisdiction of such State and agree that all disputes shall be tried in the State of Florida in the County of Hillsborough. You expressly waive any right, and agree not to have any dispute under the Terms tried or otherwise determined by a jury.