Effective February 2012
Welcome to V247 Mobile’s website, a brand and service of Locus Telecommunications, Inc., together with its subsidiaries, affiliates, agents, and licensors (collectively "Locus"). The following terms apply to your use of and access to any V247 Mobile logo-bearing, Locus owned or operated websites ("Website"). Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS AGREEMENT
In addition to other agreements between you and V247 Mobile, these terms explain the policies that govern your access to and use of our Website. By accessing or using our Website, you agree to these terms (collectively the "Website Terms of Use"), as V247 Mobile may modify it from time to time, and you agree to comply with our Authorized Use Policy (“AUP”), which can be found on our Website. If you do not agree to accept and comply with the Website Terms of Use and AUP, then do not access or use our Website.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which V247 Mobile has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. V247 Mobile makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. V247 Mobile does not sponsor or endorse the operators of the sites or the content, products, or services they provide. V247 Mobile is not responsible or liable for the conduct of the sites' operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
UNSOLICITED SUBMISSION OF IDEAS
Although V247 Mobile welcomes questions or feedback about your use of our Website and V247 Mobile’s services and products, V247 Mobile does not accept, invite, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals ("Ideas") relating to its business, including Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions, or marketing plans. This policy is intended to avoid disputes in the event that V247 Mobile's products or marketing strategies seem similar to ideas submitted to V247 Mobile or its employees. Therefore, unless otherwise explicitly stated by V247 Mobile, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as the sole property of V247 Mobile, without any compensation whatsoever to you. V247 Mobile will have no obligations to you with respect to such Ideas and has the right to destroy submissions of Ideas upon receipt.
ILLEGAL OR HARMFUL USE
You may access and use our Website only for lawful purposes and purposes that are not intended to cause harm. You are responsible for any transmission you send, receive, post, access, or store via our Website, including the content of any communication, as further provided in our AUP.
WEBSITE SECURITY AND INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. V247 Mobile may, but is not obligated to, investigate any violation of our Website. V247 Mobile may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using V247 Mobile’s Website, you agree to cooperate in any such investigation. V247 Mobile may, but is not obligated to, take any action it deems necessary to (1) protect its Website, its rights, or the rights of its customers or third parties; or (2) optimize or improve its Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website.
INVESTIGATION AND ENFORCEMENT OF THE WEBSITE TERMS OF USE
We have the right, but are not obligated, to strictly enforce this Website Terms of Use through self-help, active investigation, litigation, and prosecution.
V247 Mobile reserves the right to act immediately and without notice to restrict, suspend, or terminate your use of the Website, if it reasonably determines that your conduct may: (1) expose V247 Mobile to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of V247 Mobile’s Website; (3) interfere with another V247 Mobile customer's use of the Website; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to V247 Mobile or its customers.
V247 Mobile has the right, but not the obligation, to monitor or restrict any uses of the Website that V247 Mobile reasonably believes in its sole discretion violates this Website Terms of Use or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Website, and you are responsible for abuse of your account by others.
We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT OR ATTEMPTED BREACHES OF THIS WEBSITE TERMS OF USE AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THIS WEBSITE TERMS OF USE BY SUCH COMPANY, CUSTOMER, OR USER.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A V247 MOBILE WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A V247 MOBILE WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." V247 MOBILE, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. V247 MOBILE DOES NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL V247 MOBILE, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND—FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES—EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF V247 MOBILE, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY V247 MOBILE WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF V247 MOBILE AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
GOVERNING LAW
This Website Terms of Use is governed by and must be construed under the laws of the Commonwealth of New Jersey. The federal and state courts of Bergen County, New Jersey, have exclusive jurisdiction over and venue of any suit that relates to this Website Terms of Use.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless V247 Mobile from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Website Terms of Use by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit, or make available through our Website; or (5) your use of our Website.
MODIFICATION OF THE WEBSITE TERMS OF USE
We reserve the right to modify this Website Terms of Use at any time, effective upon its posting, as modified, on www.v247mobile.com.
PRIVACY POLICY
H2O respects the privacy of our customers. Please take a few minutes to review our Privacy Policy at https://v247mobile.com/privacypolicy.html.
MISCELLANEOUS
Any failure to insist upon or enforce performance of any provision in this Website Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Website Terms of Use. V247 Mobile may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Website Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.