Last updated 09.07.21
Terms of Service
At Digivoice, we like to keep things simple. We like to be straight forward and transparent with our customers. Below is our Terms of Service that we aimed to be as transparent and simple as possible.
Our goal at Digivoice is to run a service that makes sense for our customers. Below outlines some rules and regulations that you agree to follow when using Digivoice. Terms of Service may be updated at any time. We ask that you check here from time to time to ensure you understand what is listed. We will notify you of any major changes to these terms as they are updated. Thank you for your understanding, and thank you for choosing Digivoice.
Digivoice Subscriber Agreement
This is an agreement (“Agreement”) between Digivoice (“we”, “us” or ” Digivoice “) and you, an end user (“you” or “user”) of Digivoice Internet Phone Service (the “Service”) as described herein. BY ESTABLISHING, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER THIS AGREEMENT AND BECOME BOUND BY ITS TERMS, INCLUDING THOSE PERTINENT TO 911 EMERGENCY DIALING, AND TO THE PRICES, CHARGES, AND CONDITIONS PROVIDED TO YOU IN ASSOCIATION WITH YOUR ENROLLMENT, INCLUDING MARKETING MATERIALS AND THE DIGIVOICE WEBSITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. This Agreement governs the Service and any devices – such as a VoIP phone, analog telephone adaptor or computer operating software enabling the Service (each alone or all collectively known as “Equipment”) – website, or software used in conjunction with the Service.
911 EMERGENCY DIALING
PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF Digivoice 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS. You agree to notify any user who may place calls using your Service, including any employees, business associates, household residents or guests who may be present in your business or household, of the limitations of Digivoice 911 Emergency Dialing.
PLEASE BE AWARE THAT EVEN IN THOSE AREAS IN WHICH DIGIVOICE OFFERS 911 SERVICE, DIGIVOICE CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL OPERATE AS INTENDED. THE ONLY WAY TO KNOW WITH ABSOLUTE CERTAINTY THAT YOU HAVE FUNCTIONING 911 SERVICE IS TO 1ST CALL DIGIVOICE AT 435-688-2980 AND FIND OUT IF YOUR 911 SERVICE IS ACTIVATED YET AND THEN CALL THE TEST NUMBER 933 AND YOUR ADDRESS WILL BE READ TO YOU.
NEVER CALL 911 AS A TEST AND IF YOU DO NEVER HANG UP BEFORE TELLING THE OPERATOR YOU MADE A MISTAKE.
DIGIVOICE RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICES IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON.
Service Address. You must provide the address which will be associated with the Service (“Service Address”) during the registration process. The service address you provide must be in the same rate center as the Business or Home number you have selected. Failure to provide the correct and proper Service Address may result in misdirecting 911 calls to the incorrect PSAP or emergency operator and/or the failure to reach the correct location and render emergency service when requested. You acknowledge that 911 dialing will not function properly if you move your Equipment to another Service Address, either temporarily or permanently, unless the new Service Address has been properly recorded and is in an area for which Digivoice provides 911 Emergency Dialing. You may change your Service Address by calling Digivoice at 435-688-2980 and a representative will take the new address and enter it in the system and THEN CALL THE TEST NUMBER 933 AND YOUR ADDRESS WILL BE READ TO YOU. by following the procedures specified on the Digivoice website. Change of Service Address will take a minimum of ten business days to properly update the 911 emergency databases.
911 Service Limitations. The following additional limitations apply to 911 Emergency Dialing when it is provided by Digivoice:
Digivoice service is only available in areas where 911 services can be provided to new customers.
Digivoice 911 service will not function if the Equipment is not configured properly or if your Digivoice Service is not functioning for any reason. This includes a broadband or electrical power outage or if your broadband, ISP, or Digivoice Service is suspended or terminated. In addition, in the event of a local disaster, there is a greater possibility that a Digivoice 911 call will produce a busy signal, fail to be completed, or experience long connection times due to network congestion.
Digivoice 911 Service will not function properly for up to 30 days after you are able to make outbound calls with your Service. Because of the time it takes to properly update the 911 emergency databases, your 911 service will not be available immediately.
You must select a Business or Household (primary) Number that is associated with your Service Address; otherwise, 911 service will not be available. Calls to 911 service route to the appropriate emergency administrator based on the telephone number you have chosen and the geographic location that you have provided to Digivoice. 911 must be available in your area for Digivoice to offer you service.
Mobile App usage and 911. If you move or intend to use your Digivoice service away from the geographic location you have registered with Digivoice, you must update your account with your new location. If you use the Digivoice mobile app, please understand that dialing 911 from the mobile app will provide dispatchers with your business service address. Digivoice does NOT recommend using the mobile app to dial 911. Digivoice is not liable for 911 location response while using the Digivoice mobile app. Please dial 911 from your cellphone provider. You may change your Service Address by contacting Digivoice Member Services at 435-688-2980. Since it may take up to 30 days to properly update the 911 emergency databases, you should NOT rely on Digivoice Service for 911 emergency dialing if you are using the Service when you are temporarily traveling away from home.
Enhanced 911 (“E911”). In certain areas in which Digivoice provides 911 Emergency Dialing, Digivoice provides E911 capabilities. When the caller dials 911 on a Digivoice-enabled phone with E911 service, Digivoice will automatically deliver the location information you provided at the time of activation, or as subsequently and properly updated, validated, and acknowledged by Digivoice, to the PSAP with the 911 call. If the location information you provided is incorrect, the emergency call may be misdirected to a PSAP that does not serve your location, which as a result may be unable to render sufficient emergency service. You acknowledge that you are solely responsible for maintaining accurate physical location information on your Digivoice account. If you move your Digivoice equipment to another location, you must update your Service Address in accordance with the instructions on the Digivoice website.
Basic 911. In some areas in which Digivoice provides 911 Emergency Dialing, Digivoice may not support E911, and your physical location information may not be automatically delivered to the PSAP with the 911 call. The PSAP or local emergency dispatcher receiving a non-E911 emergency call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, a caller dialing 911 using Digivoice may need to immediately tell the dispatcher the location of the emergency, and the caller must not prematurely disconnect the line, since the dispatcher may not have the phone number to call back the caller. If the caller is unable to speak or sufficiently describe the location, the emergency dispatcher may not be able to render emergency service to the appropriate location.
Acknowledgement. You understand and acknowledge that Digivoice 911 Emergency Dialing has certain characteristics that distinguish it from traditional, legacy, circuit-switched 911 service. These characteristics may make Digivoice unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate Digivoice Service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a backup means of completing emergency calls. You authorize us to disclose your name and address to third parties involved with providing 911 Emergency Dialing to you, without limitation.
Suspension of Your Account. You acknowledge and understand that a Service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to, those reasons described elsewhere in this Agreement, will prevent all service, which will include Emergency 911 Dialing.
Indemnification. You acknowledge and understand that Digivoice will not be liable for any Service outage and/or inability to dial 911 using Digivoice or to otherwise access emergency service personnel due to the characteristics and limitations of Digivoice Service. You agree to defend, indemnify, and hold harmless Digivoice, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to 911 dialing. You acknowledge that Digivoice does not offer Lifeline service, and that we strongly recommend that you always have an alternative means of accessing emergency service. This provision supplements the general indemnification provision found below.
Service Requirements. The Service requires Equipment obtained through Digivoice or a third party that allows you to place and receive calls by using your high-speed Internet connection. Digivoice may, or may not provide or support your high-speed Internet connection, which you need to supply at your own expense. We recommend that your high-speed connection have a capacity of at least 120 Kbps upstream and downstream per channel or “line”. Since the Service depends on your high-speed connection, the correct configuration of the Equipment, and an adequate power supply, Digivoice does not guarantee continuous availability of phone service. You acknowledge and understand that the Service will not function in the absence of electrical power or if there is an interruption of your high-speed Internet connection. A power failure may require you to reset or reconfigure your Equipment or other equipment in order to restore the Service.
Service Limitations. You understand and acknowledge that the Service may not be compatible with all non-voice communications equipment, including but not limited to, home security systems, medical monitoring equipment, fax machines, satellite television systems, and computer modems. You waive any claim against Digivoice for interference or disruption of such services and equipment.
Service Term. The Service is offered on a month-to-month basis, beginning on the date Digivoice activates Service, and automatically renews on a monthly basis. You may cancel the Service at any time by contacting Digivoice at 435-688-2980 and simply telling us you would like to cancel your service. If you cancel Service prior to the end of a monthly term, you will not receive a refund for the remainder of that month. You will be responsible for paying the month’s charges through the date of cancellation, including all applicable fees and usage charges. Expiration of the term or cancellation of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement
Service Distinctions. The Service is not a telecommunications service, and important distinctions exist between telecommunications service and the Service. In addition, different regulatory treatment is applied to the Service as compared with telecommunications service, which may affect your rights before regulatory agencies.
Your Responsibilities. You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords, as well as the identifier of the Equipment (referred to as the “MAC address”) which Digivoice uses to authenticate usage on your account. Some of your calls will be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.
USE OF SERVICE
Resale and Transfer. You are expressly prohibited from reselling or transferring the Service, Equipment, and/or software to any other person for any purpose, without express written permission from Digivoice in advance.
Business Use. The Service is intended for normal Business use. You are expressly prohibited from using the Service for autodialing, telemarketing (including without limitation charitable or political solicitation or polling), Digivoice at its sole discretion, can suspend or cancel your service for activity including but not limited to; any action that may endanger our network, any action or inaction that may break ANY law or statute, use of excessive robo-calling or automated calling (spam calling), complaints from customers or other parties regarding your calling practices, prank calling, hacking or accessing data in our system or using our system to access any other parties information without consent.
Network Integrity and Security. You are expressly prohibited from any use of the Service or any other action that, in Digivoice’s sole discretion, is deemed to present a risk to the network integrity or security of Digivoice or its vendors, whether directly or indirectly. Digivoice, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.
Length Of Call Limitation
There is currently an 8 hour per call limitation on our system. If there is a need for calls that are longer you can contact us at 435-688-2980
Calling Limitations. Digivoice does not support certain call types offered by traditional phone services, including, but not limited to, 0+ calling (including without limitation collect or third party billing), 900 and 976 calls, and 10-10 “dial-around” calls. The Service may not support 311, 511, and/or other x11 services (other than 911 and 411) in some or all Service areas.
Use Outside the United States. The Service is intended for use in the United States only. If you remove the Equipment to a country other than the United States, you do so at your sole risk, including the risk that such activity violates local laws in the country where you do so. Use of the Service is expressly prohibited wherever its use violates local laws, and you are personally liable for any such violations. Digivoice reserves the right to terminate your Service immediately and without notice if it determines that you are using the Service in violation of applicable local laws.
Unlawful and Prohibited Use. You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in Digivoice’s sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal act, give rise to a civil liability, or otherwise violate any applicable laws. You acknowledge that neither Digivoice nor it’s vendors are responsible for the content of the transmission that may pass through the Service. You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. Digivoice, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to Digivoice personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless Digivoice against any and all liability for any such use. If Digivoice, in its sole discretion, believes that you have violated the aforementioned restrictions, Digivoice may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Tampering. You agree not to change the electronic serial number or equipment identifier, if any, of the Equipment, or to perform a factory reset of the Equipment, without express written permission from Digivoice in each instance which Digivoice, in its sole discretion, may deny. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. Digivoice, in its sole discretion, may terminate your Service without advance notice should you tamper with the device.
Theft of Service. You agree to notify Digivoice immediately if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by Digivoice. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
Alternative Interface Devices. If you decide to use the Service through an interface device not provided or supported by Digivoice, which Digivoice reserves the exclusive right to prohibit, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Digivoice and its vendors against any and all liability arising out of your use of such alternative interface device with the Service. Digivoice has no obligation to support or service the use of such alternative interface devices in any way, and in its sole discretion may decline to provide the configuration information required to allow the device to effectuate the Service.
Audit and Law Enforcement. Digivoice reserves the right to audit your use of the Service to enforce the provisions of this Agreement. Digivoice reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law. We do our best to provide notice to our customers as your privacy is our utmost concern. However, we do not guaranty nor may we legally be able to provide notice of compliance with law enforcement orders. Please see our "canary" page for more information.
LOCAL NUMBER PORTABILITY
If you transfer to Digivoice an existing phone number which is currently subscribed to a carrier other than Digivoice, the following terms and conditions apply: (1) you hereby authorize Digivoice to notify your local telephone company of your decision to switch your local services to Digivoice and to transfer your telephone number, and represent that you are authorized to take this action; (2) you acknowledge and agree that you must successfully install and activate your Equipment prior to the date that the number switch becomes effective; and (3) Digivoice has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party.
Letter of Authorization. When signing up for service, you authorize Digivoice to generate a Letter of Authorization on your behalf. This LOA uses your signature from signup to port the requested numbers from your previous carrier(s) and represent that you are an authorized agent to do so on behalf of your company. Digivoice will only port the numbers requested in our signup form unless otherwise directed to do so.
Porting A Number Out. We will allow any number you have on our network to port out to another carrier. Our procedure is if we receive a port out request we will call you and ask if you made this request and if you say yes we will approve the port… it’s as easy as that. You will need a PIN number as well since we protect your account with a multi factor lock.
Telephone Number. You may do anything that you like with the phone number ported or assigned by Digivoice as long as abides by local, state, and federal law. Upon termination of the Service, Digivoice will be happy to release your number to anyone you like as long as your account is current and we are able to verify by phone with the company owner that the port order is authentic. It is important to know that if a phone number is canceled and we release the number that it is often impossible to get it back… SO BE SURE you want to cancel. *** it is a good idea to call us at 435-688-2980 ***
CHARGES AND PAYMENTS
Billing. You must provide a valid credit or debit card number, pursuant to procedures specified on the Digivoice website, when the Service is activated. You authorize Digivoice to charge automatically to your credit or debit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit or debit card issuer or bank. Your charges/payments and credits issued will appear on your monthly billing statement sent to you by email. You give Digivoice permission to obtain authorization for use of your credit or debit card from your card issuer or, if applicable, permission to obtain authorization to debit account. If the card expires, you close your account, your billing address changes, or your card is cancelled and replaced owing to loss or theft, you must advise Digivoice at once and provide Digivoice with update, valid, unexpired billing information to pay your monthly invoices. It is your obligation to ensure that the account you provide to Digivoice has a sufficient balance or available credit to pay your Digivoice fees. Initial use of the Service authorizes Digivoice to charge the card account number or debit account on file with Digivoice, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after Digivoice receives your notice to terminate Digivoice’s authority to charge your card or debit account, whereupon Digivoice will charge you for any outstanding charges and terminate the Service. Digivoice bills all charges and applicable taxes and fees monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which Digivoice chooses to bill in arrears) to your card, or, if applicable, debits from your account. At its sole discretion, Digivoice may choose to not bill you for a small monthly balance and instead allow that balance to roll into your next month’s charges, at no additional cost to you. Digivoice is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds in your account. All charges will be billed or debited according to the rates and terms set forth in published materials and found on the Digivoice website
Commencement of Billing. You understand that you are responsible for self-installation of the Equipment and any configuration of the Service once you receive the Equipment. If the Equipment is shipped to you by Digivoice, you will be billed when the Equipment is shipped. You are encouraged to complete installation of the Service as soon as possible in order to take full advantage of your Service period. You will be responsible for full payment for the charges on your Digivoice bill even if you do not install the Equipment promptly or use the Service.
Price and Price Changes. We may change the prices and charges for the Service from time to time. We may decrease or increase prices without providing advance notice. Prices or charges for the Service are effective immediately.
Failure to Pay. We may suspend, restrict, or cancel the Services and this Agreement if you do not make payments for current or prior bills by the required due date. We may also take appropriate steps or require you to take certain action when you or Digivoice are or have been the target of fraud related to your account, including temporary suspension or termination of your account. Service suspension or cancellation will result in your loss of the number associated with the Service.
Late Payment Charge. We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked “Paid in Full” or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys’ fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit or debit card, due to insufficient funds or for any other reason, we will charge you an additional $25.00. If the state where you receive the Service requires a different fee, we will charge you that amount.
Equipment Replacement. In its sole discretion, Digivoice may send you alternative Equipment to replace Equipment you claim is defective. If your original Equipment is not returned within thirty (30) days of your request for replacement Equipment, you will be billed for the cost of the replacement Equipment, and you understand and agree to this charge.
Promotional Equipment. Digivoice from time to time may offer promotional equipment such as hardware phones, handsets, headsets and other devices to support your service. This equipment may be provided free of charge or at a discounted rate. This equipment is provided in good faith for customers who intend to use our service. This provided promotional equipment, unless paid for in full by the customer, is property of Digivoice and must be maintained in good condition by the customer. Promotional equipment is provided for the term of 2 years, after which the hardware is given to the customer. If you decide to cancel services before the two years is up, equipment must be returned to Digivoice immediately or charges may be added to your final bill to purchase equipment in full. Promotional equipment is optional and not required for Digivoice services. Promotional equipment is provided free of charge or at a reduced cost as outlined by agreements made by the sales team at signup. Your bill for service is not affected by promotional equipment unless otherwise stated by a Digivoice representative. Hardware can always be acquired by the customer that is compatible with Digivoice service at the expense of the customer.
Taxes. You are responsible for, and must pay, any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, Universal Service Fund and 911 fees, and charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or associated equipment. These taxes are included in your monthly bill to Digivoice.
Tax Exemption. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date Digivoice receives and verifies this documentation. Taxes and other applicable fees will be in the amounts specified by federal, state, and local authorities.
Service Interruption. You acknowledge and agree that credit allowances for interruption of the Service will not be provided.
Billing Disputes. You must notify Digivoice within thirty (60) days after receiving your credit card, debit card, or checking account statement if you dispute any Digivoice charges on that statement or such dispute will be deemed waived.
You may cancel the Service at any time by calling Digivoice at 435-688-2980 and telling us you would like to cancel service. You remain fully liable for accrued charges, taxes, and fees outstanding at the time of termination, and you authorize Digivoice to process these amounts to your credit or debit card or debit them from your checking account immediately upon cancelation of your service. If you received Equipment directly from Digivoice and you cancel your Digivoice Service, you must ship at your expense the Equipment to the address on our web site www.digivoice.com If you do not return the Equipment as requested within thirty (30) days of cancellation, you will be assessed additional charges to offset the cost of the Equipment. These charges will increase the amount of your outstanding balance or result in the forfeiture of any Digivoice l Service plan refunds that might otherwise apply. Any returns of Equipment purchased by Retail Customers are subject to the polices of the Digivoice authorized retail dealer where the Equipment was purchased.
You agree to defend, indemnify, and hold Digivoice, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service, the Equipment or its installation, or this Agreement, including, but not limited to, 911 Emergency Dialing or dialing associated with a security system.
You agree that Digivoice should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based on our willful misconduct or gross negligence. Notwithstanding the foregoing, your indemnification obligations related to 911 emergency dialing are more expansive, as described above.
LIMITATIONS OF LIABILITY
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF DIGIVOICE SERVICE DESCRIBED HEREIN. DIGIVOICE’S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF DIGIVOICE RELATED TO THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY DIGIVOICE’S GROSS NEGLIGENCE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL DIGIVOICE HAVE ANY LIABILITY TO YOU WHATSOEVER ON ACCOUNT OF ANY ACT OR OMISSION OF DIGIVOICE RELATED TO 911 EMERGENCY DIALING. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. DIGIVOICE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF DIGIVOICE OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID UNDER THIS AGREEMENT BY YOU TO DIGIVOICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING THE EQUIPMENT, WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICE, EQUIPMENT, OR ANY OTHER EQUIPMENT AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO DIGIVOICE EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT DISPUTE RESOLUTION BY BINDING ARBITRATION. 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.
Any dispute or claim between you and Digivoice arising out of or relating in any way to the Service or the Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall be final and binding. 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. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.
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, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES. YOU AND DIGIVOICE BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
The arbitration shall be conducted in English in Washington County in the State of Utah and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Digivoice may seek any interim or preliminary relief from a court of competent jurisdiction in Washington County in the State of Utah, necessary to protect the rights or property of you or Digivoice pending the completion of arbitration.
YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
General Provisions. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by Digivoice to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the Digivoice website, shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Events Beyond Our Control. Digivoice will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
Assignment. We can not assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.
Notices. Digivoice primarily communicates with users of the Service via e-mail. Email from Digivoice is used to communicate important information about the Service, including billing and changes to the Service, much of which is time-sensitive. You acknowledge that e-mail from Digivoice constitutes official notice from Digivoice and that you are required to read in a timely manner all e-mail messages sent to the email address specified by you at the time of registration for the Service in order to avoid any potential disruption of the Service. You also acknowledge that you are responsible for notifying Digivoice of any changes in your email address.
Survival. The provisions of this Agreement relating to indemnification including those relating to 911 Emergency Dialing, limitations on liability, warranty limitations, billings, and our obligations to pay for the Service provided, shall survive any termination of this Agreement or termination of the Service.
Non-Waiver. Failure by Digivoice to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of Digivoice to insist upon strict performance hereof or any of its rights and remedies.
Changes to this Agreement. Digivoice may change this Agreement from time to time. We will notify the account owner of any changes by email with a 30 day notice, and any changes will also be posted at the Terms of Service section of the Digivoice website, currently located at www.digivoice.com/Terms-Of-Service. Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the Digivoice website. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Equipment.