1. TERMS AND CONDITIONS
The following are the terms and conditions which govern the use of the Phone-Guy Cellular Service Program and Website (“web site”). These terms and conditions are intended to be a legal and
binding Agreement between Phone-Guy, including its affiliates and contractors, and you. By accessing and browsing this Web Site, you acknowledge that you have read and reviewed the following
terms and conditions and that you agree to be bound by them. This agreement constitutes the entire and
complete agreement between you and Phone-Guy.
2. UNLIMITED PLANS FAIR USAGE POLICY
We want all of our customers to receive the best rate plans and service (“Services”) possible, and at the
lowest possible retail price. This Fair Usage Policy (“FUP”) has been created to help stop fraud and unwanted abuse of our services by a small number of customers. Subject to the terms of this FUP, Our unlimited service allows unlimited calling. Unlimited calling however does not mean unreasonable. Our unlimited services are for individual use only and in accordance with our terms and conditions of this FUP (“Legitimate Use”).
The following is a non-exhaustive list of practices that would NOT be considered
Legitimate Use:
Using Services for telemarketing or call center operations;
Re-selling Services to others;
Streaming Video Movies;
Sharing Services between users whether via a PBX, call center, computer or any other means;
Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications; and Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time, or frequent extra-long calls to one or more specific numbers.
We also reserve the right to charge customers an additional $10 per month for the use of smartphones.
Smart Phone generate high usage that could compromise our entire program. If customers use more than 2,000 minutes, 2000 SMS, or 3GB of data per billing cycle. If usage is excessively high, we also reserve the right to terminate service altogether at the end of their current billing cycle for that consumer.
3. SIGNATURE/BINDING ACCEPTANCE
By ordering any product from this website, you agree that providing a unique email address and postal address on the online order form or via email will be used in lieu of your written signature and will be considered to be legally binding as if your signature was placed on the order and/or credit card transaction receipt. This would also apply if you have visited our website, sent an email in the affirmative that you would like to place an order using a unique email address, and the order was conducted by telephone. In that situation, we will consider contact and negotiations which were conducted to
consummate a sale to have been a verbal contract which is legally binding by law.You also agree that
Phone-Guy, at its discretion can and will seek alternative remedies to include but not limited to collections and legal remedies as allowed by law to seek due compensation and payment for products ordered and delivered. And if such action is taken, you agree to pay all legal and collection cost incurred
by said corporation to secure payment. It is the responsibility of the visitor to review our terms of service, return policies, privacy policies, and any other information you may feel to be relevant prior to completing a transaction with Phone-Guy.
4. TRADEMARKS; COPYRIGHT PROVISIONS
All information and material contained in this Web Site are subject to copyright and/or trademark
protection laws. You may not distribute the media in any form, in whole or in part, without the prior written
permission from Phone-Guy You are also not permitted to link or "mirror" any part of this Web
Site without the prior written permission from Phone-Guy.
Phone-Guy does not grant any copyright license, actual or implied, through the presentation of graphics, text, or photographs within this home page. Nor does Phone-Guy intend to make available for any use, any copyrighted materials within this home page beyond those fair uses defined in law or equity under the Doctrine of Fair Use of copyrighted materials.
5. DISCLAIMERS
PHONE-GUY PROVIDES THE INFORMATION IN THIS INTERNET WEB SITE AS A PUBLIC
SERVICE TO ITS CUSTOMERS, AND RESERVES THE RIGHT TO CHANGE THE CONTENTS OF THE INFORMATION WITHOUT NOTICE. PHONE-GUY , PROVIDES THIS INFORMATION
AND IS NOT LIABLE FOR THE ACCURACY, COMPLETENESS, AND/OR RELIABILITY OF THE
CONTENTS OF THE INFORMATION PROVIDED HEREIN. TO THE EXTENT PERMITTED BY LAW, PHONE-GUY DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Phone-Guy products and services may require regulatory approval in some jurisdictions, and, the purchase, ownership, and/or use of certain Phone-Guy products or services may not be lawful in some jurisdictions. The presentation of information about Phone-Guy products and services and the availability of an order entry page within this Phone-Guy home page are not intended to constitute an offer for sale by Phone-Guy in any jurisdiction, nor are they intended to constitute a solicitation for offers to buy in any jurisdiction where the purchase, ownership, and/or use of a Phone-Guy product or service is unlawful. The information contained in this Phone-Guy home page is presented as a public service only. The information is not presented for the purpose of conducting business within any jurisdiction and Phone-Guy does not intend any information in this home page to constitute an advertisement or offer for sale of Phone-Guy products and/or services in any jurisdiction. All offers to purchase are accepted by Phone-Guy in the jurisdiction in which Phone-Guy makes the product available for shipment from its dock. All sales transactions are consummated, and title passes, at the point of shipment.
6. SUBMISSION OF COMMENTS
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to Phone-Guy in this Web Site (collectively, “Comments”) in response to solicitations in this Web Site shall be deemed and shall remain the property of Phone-Guy Communications. None of the Comments shall be subject to any obligation of confidence by Phone-Guy.
Phone-Guy shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, Phone-Guy shall exclusively own all present or hereafter existing rights to the Comments of every kind and nature throughout the world and shall be entitled to unrestricted use of the Comments for any purpose whatsoever without compensation to the provider of the Comments.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PHONE-GUY BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, AND LOSS OF DATA, REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. GOVERNING LAW
This Agreement shall be governed by the laws of the state of Washington and venue and jurisdiction for all disputes will exclusively lie in Miami, Florida.
9. TRADEMARKS AND REGISTERED TRADEMARKS
All products or service names mentioned on this server are trademarks or registered trademarks of their respective owners.