This agreement ("Agreement") is between ECR Voice, LLC (ECR Voice) and an end user (" User") of the ECR Voice Residential communication service. Any ECR Voice services or products ("Services") provided by ECR Voice to User shall be governed by the terms and conditions herein.  User acknowledges that they are of legal age to enter into this Agreement.

By activating the Services, User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. If you do not agree to these terms and conditions, do not use the services, and cancel the services immediately by contacting ECR Voice at the toll free number listed in this document for further directions.

1.       TERM of Service is offered on a monthly basis for a term which begins on the date that User completes the sign up process to purchase Services and ends on the day before the same date in the following month.

          Subsequent terms of this Agreement automatically renew on a monthly basis without further action by User unless User follows termination guidelines in Section 12. User is purchasing the Service for full monthly terms, meaning that if User attempts to terminate Service prior to the end of a monthly term, User will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of the Services does not excuse the User from paying all unpaid, accrued charges due in relation to the Agreement..

 

 

2. EMERGENCY SERVICES- 911 DIALING

 

2.1 Non-Availability of Traditional 911 or E911 Dialing Service 

User acknowledges and understands that the Service may NOT support traditional 911 or E911 access to emergency services.  ECR Voice does offer a 911-type service available only on ECR Voice Devices as described herein, but user acknowledges and understands that 911-type dialing is NOT automatic, that you must separately take affirmative steps, as described in this Agreement and on ECR Voice’s website, to activate such 911-type dialing capabilities and that such 911-type dialing is different in a number of important ways (some, but not necessarily all, of which are described in this Agreement) from traditional 911 service.  ECR Voice 911 dialing cannot be used in conjunction with a Soft Phone application and is only available on ECR Voice-certified Devices or Equipment. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the non-availability of traditional 911 or E911 dialing from your ECR Voice Service and Device(s).  If you activate ECR Voice 911-type dialing service, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the important differences and limitations of ECR Voice 911 dialing service as compared with traditional 911 or E911 dialing that are set forth in this Agreement. Each device that you purchase should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the "911 Sticker"). If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our customer care at 1-877-327-8642.

 

 

2.2 Description of 911-Type Dialing Capabilities - Activation Required

ECR Voice does offer a 911-type dialing service in the U.S. (but may not offer such service in Canada) that is different in a number of important ways from traditional 911 service.  You acknowledge and understand that 911-type dialing is NOT automatic.  You must successfully activate the 911 dialing feature by following the instructions provided by ECR Voice.  You acknowledge and understand that you cannot dial 911 from this line unless and until you have affirmatively acknowledged the 911 information.  Once you have received notice that your account has been successfully activated, you may receive a temporary phone number while your number is being ported, or while your permanent number is acquired. 911 dialing is not fully functional until you first activate your account, and then receive notice that your permanent number is successfully registered.  (Your permanent number may be your existing number that has been ported, or a new number assigned to you at your address.)

 

When you dial 911, your call is routed from the ECR Voice network to the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the address that you listed at the time of activation.  You acknowledge and understand that when you dial 911 from your ECR Voice equipment it is intended that you will be routed to the general telephone number for the PSAP or local emergency service provider (which may not be answered outside business hours), and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.  ECR Voice relies on third parties for the forwarding of information underlying such routing, and accordingly ECR Voice and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect.  As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing.  Neither ECR Voice nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of ECR Voice.  You agree to indemnify and hold harmless ECR Voice and its third party provider from any claim or action arising out of misroutes of 911 calls, including but not limited to your failure to follow correct activation procedures for 911 calling or your provision to ECR Voice of incorrect information in connection therewith.

 

 

2.3 Service Outage

 

2.3.1 Power Failure or Disruption

You acknowledge and understand that 911 dialing does not function in the event of a power failure or disruption.  Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored.  A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service or 911 dialing. 

 

2.3.2 Broadband Service / ISP Outage or Termination / Suspension or Termination by ECR Voice

You acknowledge and understand that service outages or suspension or termination of service by your broadband provider and/or ISP or by ECR Voice will prevent ALL Service including 911 dialing.

 

2.3.3 Service Outage Due to Suspension of Your Account

You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.

 

2.3.4 Other Service Outages

You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing.  Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. 

 

2.3.5 Limitation of Liability and Indemnification

You acknowledge and understand that ECR Voice’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document.  You agree to defend, indemnify, and hold harmless ECR Voice, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel.

 

2.4 911 Dialing Requires Activation 

You acknowledge and understand that 911 dialing does not function unless you have successfully activated your account. The account can be activated by following the steps provided in e-mail you receive at signup, or by logging into your account at www.ecrvoice.com.

 

2.5 Failure to Designate the Correct Physical Address When Activating 911 Dialing 

Failure to provide the current and correct physical address and location of your ECR Voice equipment will result in any 911 communication you may make being routed to the incorrect local emergency service provider.  This physical address must be the actual physical street address where you are located, not a post office box, mail drop or similar address. Failure to designate a correct physical address may result in cancellation of your ECR Voice service per FCC regulations.

 

2.6 Requires Re-Activation if You Change Your Number or Add or Port New Numbers

You acknowledge and understand that 911 dialing does not function if you change your phone number or (for such newly added or ported numbers) if you add or port new numbers to your account, unless and until you have successfully activated your account by following instructions given to you by ECR Voice.  Although you may have activated 911 dialing with your former ECR Voice phone number, you may be required to separately activate 911 dialing for any changed or newly added or ported number.

 

2.7 Requires Re-Activation if You Move or Change Location

You acknowledge and understand that 911 dialing does not function properly or at all if you move or otherwise change the physical location of your ECR Voice Device to a different street address, unless and until you have notified ECR Voice of the address change and ECR Voice has made the appropriate changes to your registered location. Such a change may take up to 30 days to correctly take place. Failure to provide the current and correct physical address and location of your ECR Voice equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider

 

2.8 Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911

Due to the technical constraints on the manner in which it is possible to provide the 911 dialing feature for ECR Voice Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your ECR Voice equipment as compared to traditional 911 dialing over traditional public telephone networks.  You acknowledge and understand that 911 dialing from your ECR Voice equipment will be routed to the general telephone number for the local emergency service provider (which may not be answered outside business hours), and will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider's facilities when such calls are routed using traditional 911 dialing.  You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.  You acknowledge and accept that ECR Voice relies on third parties for the forwarding of information underlying such routing, and accordingly ECR Voice and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect.  ECR Voice or its officers or employees, may not be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of ECR Voice.

 

2.9 Automated Number Identification 

At this time in the technical development of ECR Voice 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911.  ECR Voice’s system is configured in most instances to send the automated number identification information; however, one or more telephone companies, not ECR Voice, route the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and PSAPs are not yet always technically capable of doing so.  You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

 

2.10 Automated Location Identification

In some area’s with the technical development of ECR Voice 911 Dialing, it is not possible to transmit identification of the address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911.  You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP and emergency personnel will NOT have this information.  You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

 

2.11 Alternative 911 Arrangements

You acknowledge that ECR Voice does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional E911 services.

 

2.11 Possibility of delayed activation

You acknowledge that ECR Voice 911 service may not be fully processed 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 may not be available immediately upon receiving your device. In most cases, your 911 Service should function properly as soon as your porting process is complete, or your new number is provided. But in some cases it could take up to 30 days to ensure that 911 calls are being routed with the correct address information to the emergency dispatch center that serves your location.

 

 

3. Changes to this agreement. ECR Voice may change the terms and conditions of this Agreement from time to time.  Notices will be considered given and effective on the date posted in the "Service Announcements" section of ECR Voice’s website (currently located at http://www.ecrvoice.com or http://www.ecrvoice.com ) Such changes will become binding on Customer, on the date posted to the ECR Voice website and no further notice by ECR Voice is required.  This Agreement as posted supersedes all previously agreed to electronic and written terms of service.  

 

4. EQUIPMENT. To provide the Services, ECR Voice may provide Equipment to User. All Equipment shipments are F.O.B. ECR Voice’s facility. ECR Voice’s liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to User upon delivery to shipper. User will be provided a twelve (12) month warranty from the date of purchase of Equipment or Service. If user suspects equipment to be damaged, contact ECR Voice immediately to discuss replacement of equipment. User shall be required to obtain authorization from ECR Voice to return any Equipment. User is responsible for the cost and risk of return shipping of equipment. ECR Voice will ship a new adapter once the old adapter is received; or immediate shipment can be arranged if 49.99 refundable fee is taken. The fee will be refunded once the returned equipment is received.  If the equipment is deemed to be covered under warranty, no replacement charge will be incurred, and a shipping reimbursement will be given to customer’s account. If the equipment is not covered under warranty, or if the equipment is not returned a $79.99 replacement charge will be added to customer’s account.  ECR Voice will not cover replacement costs for lost, stolen or modified equipment. ECR Voice will not cover replacement costs for equipment damage due to lightening strikes, floods, or natural disasters, but will provide a receipt for insurance purposes at customer’s request. Equipment returned by User without prior ECR approval may be refused by ECR Voice, and User will be responsible to pay return shipping charges.  

 

5. BILLING, CHARGES AND PAYMENT.

5.1.    PAYMENT. Upon purchase of the Service, User must provide ECR Voice with a valid credit card number from an issuer that is accepted by ECR Voice.  User authorizes ECR Voice to charge the credit card number provided by User ("Credit Card") for all charges arising from User’s use of the Services.  User agrees to notify ECR Voice of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. ECR Voice shall not be responsible for any charges made by the Credit Card issuer to User’s Credit Card account for exceeding credit limit, insufficient funds or other reasons.  User’s credit card will be billed when they sign up for the service. 

Debit Cards will be considered valid forms of payment if they maintain a minimum balance of $50. ECR Voice must be able to immediately bill for any fees or charges including, but not limited to, international calls, termination fee, excessive usage fee, or refundable hardware deposit. If at any time ECR Voice determines that a Debit Card does not have the necessary funds to be considered a valid form of payment, service may be suspended. ECR Voice shall not be responsible for any charges made by the Debit Card issuer to User’s Debit Card account for exceeding credit limit, insufficient funds or other reasons.  User’s debit card will be billed when they sign up for the service. 

5.2.    CREDIT TERMS. All Services provided to User and covered by the Agreement shall at all times be subject to credit approval or review by ECR Voice.  User will provide such credit information or assurance as is requested by ECR Voice at any time. ECR Voice, in its sole discretion and judgment, may discontinue credit at any time without notice.

5.3.    BILLING. ECR Voice will provide User with a monthly statement for the Services and bill all charges invoiced to User's account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, termination fees, equipment charges, excessive usage fees, toll charges for directory assistance and/or international calls, taxes and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed subsequent to the end of each month's service. ECR Voice reserves the right to charge the Credit Card for charges due, if at any time User's cumulative charges for the current month exceed fifty dollars ($50.00). Billing for monthly service fees commences upon signup of the Service. Future billing will be done on the monthly anniversary date of the initial sign up.

 5.4.    LATE/NON-PAYMENT. If any charges for the Services are due but remain unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, ECR Voice may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by ECR Voice. When an account is terminated, the phone number to that account is unassigned. It may not be possible for the customer to be reassigned that same number even if all past due amounts are paid in full. No suspension or termination of the Services or of this Agreement shall relieve User from paying any amounts due hereunder.

If charges cannot be processed to the Credit/Debit Card, the card on file will be considered an unreliable form of payment. Since we may not be able to collect the refundable termination fee at the time of cancellation, ECR Voice may require that the refundable termination fee (see section 5.9) be collected before an account can be unsuspended.

 

5.5.    TAXES. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by User and will be added to any amounts otherwise charged to User unless User provides ECR Voice with an appropriate exemption certificate. If any amounts paid for the Services by User are refunded by ECR Voice, applicable taxes may not be refundable.

5.6.    REGULATORY RECOVERY FEE. A Regulatory Recovery Fee of $1.50 is charged monthly to offset costs incurred by complying with inquiries and obligations imposed by federal, state and municipal regulatory bodies/governments and the related legal and billing expenses.  This fee is not a tax or charge required or assessed by any government.  The Regulatory Recovery Fee will apply to every phone number assigned, including toll free and virtual numbers.

5.7.    911 Fee. A 911 Fee of $1.50 will be applied to each telephone number. This fee is used to recover costs directly associated with developing, implementing and maintaining a nationwide E911 system in compliance with FCC regulations. State and/or local governments may assess fees to pay for emergency services in your community. ECR Voice bills and collects 911 fees from its customers and pays the appropriate service provider for providing the E911 database look-up.

5.8.    30 Day Money Back Guarantee. ECR Voice offers a thirty (30) day trial period ("Trial Period") to new Users for their first ECR Voice account. The Trial Period commences upon the purchase of Services by User on the ECR Voice web site or over the phone with an ECR Voice representative. If User is not satisfied with the Services during the Trial Period, User may obtain a refund of the activation fee and termination fee. To be entitled to this refund, User must a) Notify ECR Voice within thirty (30) days of purchase of the Services and obtain a return material authorization number from ECR Voice for the Equipment , b) Return the Equipment to ECR Voice within seven (7) days of cancellation of the Services pursuant to Section 14 (return of device.) and c) not have exceeded 300 minutes of usage.  User remains responsible for any charges for domestic usage in excess of the amount included within the Plan to which User subscribes, international usage, and directory assistance fees. Promotions and special offers, are exempt from refund.  THE MONEY BACK GUARANTEE WILL BE HONORED ONLY IF USER MEETS ALL THE REQUIREMENTS MENTIONED ABOVE.

5.9.    TERMINATION FEES.  Customer will be charged a termination fee of $49.99 per voice line upon termination of Service for any reason or for convenience by Customer.  The termination fee becomes due and payable immediately upon termination and will be billed directly to Customer's credit card.  If Customer has multiple lines, Customer will be charged a termination fee of $49.99 per line for each line disconnected.  To receive a credit for the termination fee, Customer must return the Device(s) undamaged and in original condition within seven (7) days of termination as set forth in Sections 14. ECR Voice will not credit Customer if the Device(s) is damaged or not in its original condition as received by the Customer or if Customer has otherwise failed to comply fully with the requirements of Section 14 Return of the Device.

5.10. RATE CHANGES. ECR Voice may change the prices for the Services and toll charges from time to time. ECR Voice may change prices, plans, taxes or fees without any advance notice. In the event of a change in prices or toll charges, ECR Voice will post such changed rates to the web site currently located at http://www.ecrvoice.com or http://www.ecrvoice.com .

5.11.CREDITS.  User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.

5.12.DISCOUNTS. From time to time in its sole discretion, ECR Voice may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be provided by User upon purchase of the Services.  User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.

5.13.BILLING DISPUTES.  User must dispute any charges for the Services within thirty (30) days of the date of the charge by ECR Voice, or User waives any objection.

5.14 DIRECTORY ASSISTANCE. Calls to directory assistance, such as 411, are charged at $1.25 per call.  Any promotions or credits as special offers do not include directory assistance charges.

5.15 INTERNATIONAL CALLS. International calls are charged according to the rates on the ecrvoice.com website. Any promotions or credits as special offers do not include international calls. ECR Voice reserves the right to charge the Credit Card for international charges due, if at any time User's cumulative charges for the current month exceed twenty dollars ($20.00).

 

6. TOLL CHARGES. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN"), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States and Canada to a non-ECR Voice phone number will be charged at the current rates published on the ECR Voice web site. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When User dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by a User to an International mobile, rather than landline, telephone number may result in higher toll charges.

7. TELEPHONE NUMBER. Any telephone number provided by ECR Voice ("Number") to the User shall be leased and not sold.  User is not to use the Number with any other device other than the Equipment without the express written permission of ECR Voice. ECR Voice reserves the right to change, cancel or move the Number at its sole discretion.

8. LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT.  User shall not modify the Equipment in any way without the express written permission of ECR Voice.  User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Refer to Equipment Section 4. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. User shall immediately notify ECR Voice of any lost or stolen Equipment and shall cooperate with ECR Voice in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At ECR Voice’s sole option, failure to report lost or stolen equipment in a timely manner will cause User to be responsible for all service fees accrued until the time that ECR Voice is informed of the loss or theft and can effect a termination of the Services.

9.  PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of ECR Voice or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of ECR Voice.  User understands that neither ECR Voice nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services.  User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network.  User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of ECR Voice.

10. Acceptable Use of Service. ECR Voice's Service Plans are intended for residential and small business use only.  The User is not to resell or transfer the Service or Equipment to any other person for any purpose, without express written permission from ECR Voice in advance. 

Residential Subscribers shall not use the Services for commercial or governmental purposes or for profit or non-profit activities, including, but not limited to, home office, business, sales, tele-commuting, autodialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal and residential usage.  User agrees to notify ECR Voice immediately if usage of their Service changes from personal residential to business use, and an appropriate business plan may be provided by ECR Voice. All Service plans are prohibited from being used to provide subscriber with dedicated or consistent connectivity.  ECR Voice reserves the right to immediately terminate or modify the Services of any User if ECR Voice determines, in its sole discretion, that the User is using the Service in an excessive manner.  In addition, User may be required to pay higher rates for all periods in which use of the Service or the device was inconsistent with reasonable usage patterns.

11. INTERNATIONAL USE.

Use of Service and Device by Customers Outside the United States

While we encourage use of the Service within the United States to other countries, ECR Voice does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless ECR Voice against any and all liability for any such use.  Should the removal from the United States of the Device violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless ECR Voice against any and all liability for such violation.  ECR Voice reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States.

12.   TERMINATION. User must cancel in person at the ECR Voice office, or call ECR Voice customer service team to cancel an account. User may cancel by online chat if sufficient account information can be provided for security purposes. User must receive a valid cancellation number in order for their account to be considered Cancelled. Emails,  fax, and snail mail will not be used for cancellations. A User will receive a cancellation number for their account, and a return authorization number to include if/when the equipment is returned. No other form of notification will be accepted to cancel an account.  User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to ECR Voice. In accordance with section 5.9, Termination Fees may apply. ECR Voice reserves the right, at its sole discretion, to suspend, terminate, charge excessive usage fees, or change the Services without advance notice for any reason, including without limitation, misuse of the Services in any way, User's breach of this Agreement, User's failure to pay any sum due hereunder, suspected fraud or other activity by User that adversely affects the Services, ECR Voice, ECR Voice’s network or other Users' use of the Services. ECR Voice reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and User agrees that ECR Voice’s determination is final and binding on User. ECR Voice may require an activation fee to change or resume a terminated or suspended account.

13.   PRIVACY. (Please see full ECR Voice Privacy Policy at http://www.ecrvoice.com/PrivacyECRVoice.htm.) ECR Voice utilizes the public Internet and third party networks to provide voice services. Accordingly, ECR Voice cannot guarantee the security of voice communications of the User. ECR Voice is committed to respecting our User's privacy. Once a user chooses to provide personally identifiable information, it will only be used in the context of the user's relationship with ECR Voice. ECR Voice will not sell, rent, or lease users' personally identifiable information to others. Unless required by law or subpoena or if user's prior permission is obtained, ECR Voice will only share the personal data  User provides with other ECR Voice entities and/or business partners that are acting on ECR Voice’s behalf to complete the activities described herein. Such ECR Voice entities and/or national or international business partners are governed by ECR Voice’s privacy policies with respect to the use of this data.

14.   RETURN OF DEVICE.

The Device may be returned to ECR Voice within seven (7) days of the termination of Service to receive a credit for the $49.99 termination fee (refer to section 5.9 of this document regarding termination fees), provided: (i) you have retained, and return along with the Device, proof of purchase and original packaging; (ii) contents are undamaged and in original condition, reasonable wear and tear excluded;  (iii)  all parts, accessories, documentation and packaging materials are returned; and (iv) equipment is returned with a valid return authorization number obtained from ECR Voice’s customer care department.   User is responsible for the cost and risk of return shipping of equipment.  If you receive cartons and/or Devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy.  In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact ECR Voice’s customer care department immediately.  To obtain a return authorization number, you must call the customer service center or e-mail support@ecrvoice.com.

15.   TECHNICAL SUPPORT. ECR Voice provides technical support to Users via telephone, e-mail, and online at www.ecrvoice.com for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.

16.   BREACH. In the event of  User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder,  User shall reimburse ECR Voice for all attorney, court, collection and other costs incurred by ECR Voice in the enforcement of ECR Voice’s rights hereunder and ECR Voice may keep any deposits or other payments made by  User.

17.   INDEMNIFICATION.  User agrees to defend, indemnify and hold ECR Voice, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

18.   DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ECR VOICE OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF ECR VOICE OR ITS VENDORS OR OTHERWISE.

19.   WARRANTY AND LIABILITY LIMITATIONS. ECR VOICE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ECR VOICE NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO ECR VOICE’S OR  USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF  USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ECR VOICE’S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST ECR VOICE MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND ECR VOICE HAS NO LIABILITY THEREAFTER. ECR VOICE’S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. ECR VOICE MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN ECR VOICE. IN NO EVENT SHALL ECR VOICE’S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY USER TO ECR VOICE IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

20.   EXPORT COMPLIANCE.  User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services.  User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

21.   PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services,  User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to  User by ECR Voice or its vendors.

22.   SOFTWARE COPYRIGHT. Any software used by ECR Voice to provide the Services and any software provided to  User in conjunction with providing the Services are protected by copyright law and international treaty provisions.  User may not copy the software or any portion of it.

23.   SURVIVAL. The provisions of section 5, 16, 17, 18, 19, 22, 26 and 28 shall survive any termination of the Agreement.

24.   NOTICES. ECR Voice communicates with Users primarily via email. Notices to User shall be sent to the email address specified by  User at the time of registration for the Services or as subsequently specified by  User ("Email Address").  User is responsible for notifying ECR Voice of any Email Address changes.  User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that  User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.

25.   FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). ECR Voice shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of ECR Voice as may occur in spite of ECR Voice’s best efforts.

 

26.   GOVERNING LAW / RESOLUTION OF DISPUTES.

26.1.Mandatory Arbitration. Any dispute or claim between  User and ECR Voice arising out of or relating to the Service or 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 arbitration shall take place in San Jose, California and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

26.2.Governing Law. The Agreement and the relationship between you and ECR Voice shall be governed by the laws of the State of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 26.1,  User and ECR Voice agree to submit to the personal and exclusive jurisdiction of the courts within the state of California, to the extent possible in Santa Clara County, and waive any objection as to venue or inconvenient forum. The failure of ECR Voice to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.  User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

27.   ENTIRE AGREEMENT. The terms and conditions of this Agreement constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of ECR Voice and User.

Revised 12/12/2006 Version 8.0