These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user” or “Customer”) and HVAC Answering Service, Inc. (“SAS”, “Specialty Answering Service”, “us”, “we” or “our”) for virtual telecommunication services, answering services, call center services, and any related products or services (“Services”). This Agreement governs both the Services provided and any assigned toll-free and/or local number account (“Telephone Number”) used in connection with the Services.
You can accept our Terms and Conditions by taking any of the following actions: (i) by providing your electronic signature accepting these Terms and Conditions on our website at specialtyansweringservice.net or any of the specialtyansweringservice.net subdomains (our “Site”); (2) by registering for our Services via telephone; or (3) by requesting a paper copy of our Terms and Conditions through our Website or over the telephone and returning a signed copy to our offices. By accepting our Terms and Conditions you have placed an order for our services (your “Order”) and you are agreeing to be bound, without limitation or qualification, by the terms of this Agreement.
By accepting our Terms and Conditions, you represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement. If you are entering this Agreement on behalf of a partnership, corporation, LLC or other similar business entity, you represent and warrant that you posses the power, authority and capacity to enter into and perform this Agreement, and further that you have taken all proper and necessary action to authorize the execution, delivery and performance of this Agreement.
After we receive your electronic signature or after you have registered for our Services over the phone, we will send you an email confirming our acceptance of your Order, confirming your Free Trial Period or Service Plan and creating your Account. We will also confirm the date on which you we will begin to provide you with Services (“Order Confirmation”). If you elect to accept our Terms and Conditions using a paper form, we will mail you your Order Confirmation.
SAS reserves the right at any time to contact you to re-confirm your Order and the provision of your Account in order to avoid fraud. In the event that SAS suspects the placement of a fraudulent Order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), we may suspend or terminate your Service Plan. In the event that SAS has reason to suspect an Order has been fraudulently obtained or that your Account is being used for fraudulent or illegal activities, SAS may, immediately and it its sole discretion interrupt, suspend, restrict or terminate your Account without notice to you.
The initial term of this Agreement begins on the date we activate Services for your Free Trial Period or your Service Plan. Your Free Trial Plan ends after two weeks or after you have utilized 200 minutes, whichever comes first. If you have elected a Service Plan, it continues through the end of that calendar month. Thereafter, this Agreement will continue in full force and effect from month to month until terminated in writing with thirty (30) days notice by either party pursuant to the terms of this Agreement. Your Free Trial Plan and your Service Plan end pursuant to the terms of the Free Trial Plan and the terms of the Service Plan respectively. SAS will attempt to notify you via email and/or telephone to give you notice that your service is being terminated. SAS is not responsible for business disruption or damaged to your business because your Free Trial Plan ends or your Service Plan terminates.
As part of your registration for our Services you are required to provide SAS with a valid form of payment, such as your debit card, credit card, Paypal account or to collect echecks from your bank account (“Electronic Payments”). You authorize us to charge or collect these Electronic Payments for your Initial Payment, your Monthly Payments, Immediate Supplemental Service Payments, all of which are described in more detail below in Sections 6. If your form of Electronic Payment is suspended or denied, SAS reserves the right to immediately suspend or terminate your Account.
You agree to advise us of any changes to your debit card account, credit card account, Paypal account or echeck account number, billing address, or expiration date.
Should an Electronic Payment be declined for any reason, we will attempt to charge it again as follows: 2nd attempt after 1 (one) day, 3rd attempt after 6 (six) additional days, 4th attempt after 7(seven) additional days and 5th and final attempt after 7 (seven ) more days. If the fifth attempt at an Electronic Payment is unsuccessful on the 14th (fourteenth) day, your account will be terminated and we will notify you of such termination by email, by, or by telephone. Notwithstanding the previous section, if your Electronic Payment is declined for a charge within 90 days of the date you opened your account, your account will be canceled immediately and the phone number on your account may be unavailable until your account is reactivated.
Accounts will be terminated if we are not able to confirm an order by phone and do not receive any replies from the account holder. A credit or debit card or other authorization form will be required to reactivate such accounts. After reactivation, the phone number on your account may be unavailable and you may be assigned a new account phone number.
SAS charges a $50.00 setup fee for each Account (your “Setup Fee”). Each month you will be charged a base fee for the Service Plan you have elected (your “Base Fee”). Your Base Fee includes (i) a flat monthly service fee which includes the calling charges defined by your Service Plan within the continental United States) (ii) a certain number of “free” minutes to be used on the Site, and (iii) an additional second rate (if you exceed the number of calling minutes on your Service Plan, SAS will bill you for the minutes you use above your allowance) all of which is listed on the rate schedule posted on our Site (the “Rate Schedule). Your Base Fee also includes regulatory and government fees, all taxes and surcharges, including regulatory recovery fees associated with the Services provided under your Service Plan. SAS does not forward, transfer or “patch” calls to numbers outside of the United States.
SAS services are measured by seconds. We do not round up. So if a call lasts six (6) seconds, then your Service Plan will be charged six (6) seconds. However, the length of your call is not limited to talk time. Billable time will also include time needed for operators or other staff to provide services required by any particular call.
In addition, if you use Services not covered under your Service Plan (“Supplemental Services”), you will be charged additional fees (“Supplemental Service Fees”).
Supplemental Services include, but are not limited to, additional minutes you used (which exceeded the number of calling minutes in your Service Plan), long distance calls, call patching, automated services, and other Services.
Supplemental Service Fees, include but are not limited to, additional second charges, long distance and directory assistance charges, fees related to call forwarding, adding additional sub-accounts and/or merging accounts, returned check fees and costs, regulatory and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Supplemental Services all of which are posted on the Rate Schedule, collection fees, including but not limited to reasonable attorneys’ fees and costs.. Supplemental Service Fees include initiation fees and additional fees for optional features, add-ons, and other added products and Services. Fees for these Services are listed on the Rate Schedule.
SAS reserves the right to update the Rate Schedule including change its pricing and/or billing practices in its sole discretion. SAS may introduce new products and Services at special introductory pricing. Introductory pricing may change at discretion by SAS. SAS bills usage charges in one (1) second increments. A monthly minimum base rate applies as per the terms of your Service Plan.
If you anticipate an increase or spike in usage, we require you to provide us with at least five (5) business days notice so that we may property staff your account. In order to provide excellent service to all of our customers we reserve the right to limit or restrict calls and other services if they exceed the number or level of calls anticipated based upon your specific Service Plan.
Initial Payment. When you accept the Terms and Conditions of this Agreement, you are authorizing us to collect an Electronic Payment which represents a pro-rated Base Fee for the balance of that month, the full Base Fee for the subsequent month, a Set Up Fee and all applicable initiation and origination fees, and taxes, surcharges and recovery fees associated with your Service Plan (the “Initial Payment”).
Monthly Payments On or About the First Business Day of Each Month. We will provide you with an invoice that reflects your Base Fee for the upcoming month and accrued charges for Supplemental Services for the preceding month (not already billed pursuant to an Immediate Supplemental Service Payment). (your “Monthly Bill”). Your Monthly Bill is required to be paid on or before the twenty-first of each month (the “Due Date”). You authorize us to collect an Electronic Payment each month to satisfy all charges shown on your Monthly Bill.
Immediate Supplemental Service Payments. In addition to authorizing monthly Electronic Payments to pay the charges shown on your Monthly Bill, you authorize us to charge your debit card, credit card, Paypal account or to collect an echeck at any time during a monthly billing period for Supplemental Services. If the cost of your Supplemental Services in any month exceed the Threshold Amount, you authorize us to immediately collect an Electronic Payment to pay for these Supplemental Services (“Immediate Supplemental Service Payment”). You authorize us to collect Immediate Supplemental Service Payments without additional notice or consent. If your usage exceeds the Threshold Amount, you authorize us to increase or upgrade your Service Plan to a Service Plan that matches your usage. The Threshold Amount is is set by SAS and may vary based on your service plan, payment history, and usage. If the form of Electronic Payment on file is declined or otherwise suspended, SAS reserves the right to terminate or suspend your Account.
Adjustments to Billing Cycles. You will receive our invoices on a monthly basis. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations.
SAS may from time to time offer a Service Plan or individual Services for a free trial period subject to different terms. All Terms and Conditions within this Agreement apply during a free trial period.
Gift Cards, Discount Cards, and other promotions (each a “Promotion”) have no cash value and are valid only for the purchase of a new account from SAS. If you subscribe to SAS Service using one of these methods we will be required to provide us with debit card, credit card, Paypal or other echeck or other payment information. You will be charged when the value of your Account and Service charges exceed the value of the promotion. We will collect this charge through an Electronic Payment which will occur immediately if the charges you incur exceed the Threshold Amount, or in the first regular billing cycle in which the difference exceeds $0, whichever comes first.
By using a Promotion to obtain SAS Services, you hereby agree and consent to SAS publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by SAS.
SAS reserves the right, at any time, to change, modify or amend these Terms and Conditions, your Service Plan or the Rate Schedule (an “Amendment”). In the event that we make an Amendment, we will provide you with notice via email and/or we will post the change on our Site (“Notice of Amendment”). Our Terms and Conditions, Service Plans and Rate Schedule are always available for you to review on our Site.
Each Amendment shall have an effective date which shall be not less than 15 days after the Notice of Amendment. If you do not agree to the terms of the Amendment you may terminate this Agreement by giving us written notice within 15 days of receipt of the Notice of Amendment.
Notwithstanding anything to the contrary, no Notice of Amendment shall be required for an Amendment to effective to prevent fraud or illegal activity.
We reserve the right assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of SAS to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement.
If you use SAS services after receipt of Notice of an Amendment you are accepting the terms of the Amendment and agree that your Service Plan shall be subject to the terms of the Amendment.
When you receive your Order Confirmation, you will be able to access your Account using an email as your User ID and a login password you will create (“Login Password”). The use of your Login Password helps us to protect you and your Account. Certain pages on our Site or the access to the Services and/or your Account may be accessed only by use of your Login Password. You are solely responsible for all uses of the Site and/or the Services and/or your Account. If your Services or Accounts are fraudulently used, you agree to immediately notify us of such unauthorized use. We have the right to interrupt, restrict or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. If we suspect fraud on your account we reserve the right not to refund your charges under the 30 Day Money-Back Guarantee.
SAS reserves the right, in its sole discretion, to block access to certain international countries and locations that are frequently implicated in fraudulent calls.
You may not assign this Agreement without our prior written consent.
Time is of the essence for payment. Therefore, if we are unable to collect your Base Fee or Supplemental Service Fee as per the terms of this Agreement on the Due Date, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the Due Date.
Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due under this Agreement. If we are charged a fee due to a returned check, Notice of any disputes must be in writing and received by us at our address within thirty (30) days after the invoice date or you will waive any objection. If your Account is suspended for non-payment, we will require you to pay all past due amounts, all open balances that may not have become “past due” prior to reactivation of your Account, and any new charges that may include a pro-rated Base Fee for the balance of that month and the full Base Fee for the subsequent month.
All materials (“Materials”) and content (“Content”) on the Site are provided by and owned by SAS unless indicated otherwise. All intellectual property rights in the Materials, Contents and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the property of SAS. SAS retains all copyrights in the individual pages on the Site, and their components, and collective works (“Works”) available at the Site.
You agree not to use the Materials, Content, Services and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property.
The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without SAS’ prior written permission.
Trademarks and copyrights including the SAS logo is the property of SAS. All other names and trademarks are the property of their respective holders.
You are authorized to download one copy of the materials (the “Materials”) and/or Content found on this Site for use with the Services and/or Accounts. This is a license, not a transfer of title, and is subject to the following restrictions: unless you receive prior written consent from us and unless you receive any required regulatory approvals, you may not: (a) modify the Materials, Content, Services or Accounts or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials, Content, Services or Accounts; (c) remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts; (d) unless otherwise provided herein, transfer or resell the Materials, Content, Services or your Account to another person. You agree to prevent any unauthorized copying of the Materials, Content, Services and Accounts.
You agree that we, in our sole discretion, may terminate this license at any time, for cause. Upon termination, you will immediately destroy any copies of the Material, Content and Works in your possession.
You may terminate this Agreement at any time with thirty (30) days notice in accordance with the immediately following procedure. You must give such notice of termination by “Submitting a Support Ticket” to our Billing Department. You can “Submit a Support Ticket” on the Support Center page of the Site at http://support.specialtyansweringservice.net or emailing your notice of termination to firstname.lastname@example.org. Upon receipt of your Ticket, indicating your desire to terminate this Agreement, we will send to you an email to confirm that your termination notice was received (“Cancellation Email”). If you do not receive a Cancellation Email your termination notice may not have been received by us. You may contact our Customer Support Department at 866-668-8912. Your termination request will be fulfilled within three (3) business days. Because some charges may have accrued prior to your termination, a final payment will be processed and due on receipt. If Services are terminated before the end of your invoicing cycle, we won’t prorate charges to the date of termination and you won’t receive a credit or refund for any unused Services. You must cancel your subscription before the next Billing Cycle Date.
We may terminate this Agreement at any time and for any reason.
If you fail to pay any amount owed to after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or without prior notice, restrict or terminate Services and/or terminate this Agreement, in addition to all other remedies available to us.
Upon termination of this Agreement and/or your Services, your right to use the Services immediately ceases. You shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to you or any third party. We may require reactivation charges to renew Services after termination or suspension.
Upon termination, you are responsible for paying all amounts and charges owing under this Agreement.
In the event of a Force Majeure event, including but not limited to an act or acts of God, acts of the public enemy, acts or omissions of other parties (including litigation by third parties), flood, fire, epidemics, quarantine restrictions, embargoes, earthquake, explosion, the elements, unusually severe weather, or other casualty, war, terrorism, blockade, security problems, insurrections, riots, mob violence or civil disturbance, acts of the Federal government, acts of other parties, inability to procure or a general shortage of labor, equipment or facilities, energy, freight, materials or supplies in the open market, failure of transportation, strikes, walkouts, boycotts, picketing, slow-downs, work stoppages or other labor actions, or delays due to any of the foregoing such causes, and actions or inactions by any Federal, State or Governmental Body with respect to the Service or Material, both you and SAS are excused from our obligations under this Agreement, except for the obligation to pay money.
You are in control of and may use any toll free and local telephone number assigned to you by SAS or transferred by you to SAS (your “Numbers”), however those numbers remain the property of SAS. Following the termination or suspension of your Account, SAS may reassign your numbers to another SAS customer and you lose all interest, rights and control of those is your responsibility to ensure that the number is activated and operational on your account BEFORE advertising the number in ANY way.
Dedicated agent, dedicated telemarketing and all other dedicated programs (“Dedicated Programs”) have a ninety (90) day minimum contract period for new clients, thirty (30) day minimum contract periods for current or current recurring clients. Dedicated Programs shall continue until the contracted end date of the dedicated program or unless cancelled by either party upon thirty (30) days written notice. For all Dedicated Programs, SAS agrees to provide call center services up to eight (8) hours per agent per day between the hours of five o’clock a.m. to eight o’clock pm, PST, Monday through Saturday, for up to 172 hours, per agent per month.
SAS IS NOT A “DIAL-TONE” PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING OUR SERVICES, HANG UP AND DIAL “911”. YOU MUST USE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO MAKE A 911 CALL.
The very nature of the Services we provide requires our staff to receive, store, relay and monitor telephone and electronic communications on your behalf, and maintain records relating to your Account (“Your Information”). We realize that keeping this information confidential is an important part of the Services we provide to you. We release and share this information as follows:
We release Your Information to you and to those you designated as per the terms of your Service Plan.
If necessary and to the extent required by law, we will release Your Information to law enforcement agencies and other governmental regulatory bodies. We will promptly notify you of such a release as permitted by law.
We have obligations to share Your Information in response to subpoenas, court orders and other similar legal requirements. We will promptly notify you if we are required to disclose information for this purpose.
We are compliant with requirements of the Health Insurance Portability and Accountability Act (HIPPA) and the Payment Card Industry Data Security Standard (PCI DSS).
Your Information includes information that is made available to us solely by virtue of our relationship with you and your customers, such as details regarding the telecommunications services purchased, including the type, destination, technical configuration, location and amount of use of such services. This information and related billing information is known as Customer Proprietary Network Information (CPNI).
SAS safeguards CPNI and complies with Federal Communications Commission (FCC) and other rules requiring SAS to protect Customer CPNI. SAS will not disclose CPNI except in accordance with applicable laws. For example, SAS will not share CPNI with authorized companies if a Customer notifies SAS that its CPNI may not be shared. SAS will not share CPNI with unrelated third parties. To opt out of CPNI sharing, please contact SAS.
SAS is fully committed to ensuring the protection of Customer CPNI. The company advises all employees, even those not likely to come into contact with CPNI as part of their routine job functions, of the necessity for data privacy. All SAS employees are trained in the use and disclosure of CPNI and are subject to the company’s CPNI policies. Employees that fail to abide by SAS’s policies may be subject to disciplinary action up to and including dismissal. Except in cases where SAS is directed by an appropriate law enforcement agency to refrain from or delay Customer notification of a CPNI breach, SAS will notify any Customers affected by a CPNI breach. This notification will include the details of breach and what steps SAS has taken to ensure a similar breach will not reoccur. Further, SAS will notify the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI) as required by law. SAS will keep records of such breaches as required by law.
SAS will adopt further safeguards and comply with additional CPNI requirements, including filing its annual CPNI Certification, as required by law.
SAS reserves the right to monitor and record your calls and electronic communications for quality assurance. By accepting these Terms and Conditions you authorize our monitoring and recording of your calls to us concerning your Account or the Services and you consent to our contacting you from time to time by means of (a) automatic dialing equipment, (b) live operator communications, or (e) all other electronic means like e-mail or SMS messaging.
As a benefit to you, we will place HTML links to other websites on our Site. These linked sites are not necessarily under the control of SAS and SAS is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. SAS reserves the right to terminate any link or linking program at any time. SAS has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and SAS shall not be responsible for notification of any change in name or location of any information on the Site.
We will sometimes place HTML links or advertisements on our Site for other service provides that we think may compliment your needs. Our correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE THAT SAS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.
Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first-class mail, postage prepaid or sent by facsimile or electronic mail, addressed, (a) if to you, at the address as kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us at 800 North Henderson Road, King of Prussia, Pennsylvania, 19406. Attention Customer Service Department. Your notice must specify your Name and Account Number. Each such notice, request or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile, when sent and receipt is telephonically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.
SAS takes pride in the services we provide our customers. However the inherent challenges in interpersonal verbal, oral and other communication, including but not limited to poor telephonic connections, language barriers, differences in speech dialects, hearing and speech impediments make it impossible to guarantee that all messages that we receive will be perfectly transmitted to you and otherwise limit the effectiveness of the services we provide. In light of these challenges we make absolutely no warranties regarding the services we provide. SAS human or technical errors may impact your business, messages may not be accurately transmitted, information relayed may not be accurate or timely. By accepting these Terms and entering into this Agreement you understand that SAS is not responsible to you for any damage or loss that you suffer arising out of a failure of SAS’s services.
THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by SAS, your sole remedy for such reliance is against the third person making such representation or warranty.
By accepting these terms and conditions you are acknowledging that you have read this WARRANTY DISCLOSURE and that you agree to its terms and conditions.
If you have a problem with our service or have a dispute with us we ask you to contact us immediately. We take pride in providing excellent customer service.
By accepting these terms and conditions you agree that you must contact us in a good faith attempt to resolve any dispute before advising your bank or card company of a disputed or disagreement regarding a bill. You agree that you will promptly bring any dispute or problem to our attention within forty five (45) days of the problem or issue occurring. You agree that if you fail to bring any problem or dispute to our attention within forty five (45) days, you waive the right to bring a dispute or complaint through through your credit card company, bank or other electronic payment source.
If we are not able to resolve any dispute, the following provisions apply:
Governing Law: You Agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Jurisdiction and Venue: You and SAS agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Pennsylvania state or federal court with jurisdiction sitting in Montgomery County, Pennsylvania, United States of America. You and SAS each waive any objection you or SAS may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.
Jury Trial: You waive your right to have trial by jury.
Severability: If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
IN NO EVENT SHALL SAS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NON PERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF SAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT.
IN NO EVENT SHALL SAS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SAS SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND SAS AGREE THAT IN NO EVENT SHALL LIABILITY OF SAS TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.
YOU AND SAS AGREE THAT THIS SECTION 24 OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND SAS. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, SAS WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
By accepting these terms and conditions you are acknowledging that you have read this LIMITATION OF LIABILITY section and that you agree to its terms and conditions.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SAS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF SAS OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
By accepting these terms and conditions you are acknowledging that you have read this INDEMNITY provision and that you agree to its terms and conditions.