AVAZ MOBILE Terms of Service

1. TERMS AND CONDITIONS
Following are the terms and conditions which govern the use of the AVAZ MOBILE web site ("Web Site"). These terms and conditions are intended to be a legal and binding Agreement between AVAZ MOBILE, 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 AVAZ MOBILE.
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2. 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 AVAZ MOBILE, 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 terms of service, return policies, privacy policies, and any other information you may feel to be relevant prior to completing a transaction on this website.

3. 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 AVAZ MOBILE. You are also not permitted to link or "mirror" any part of this Web Site without the prior written permission from AVAZ MOBILE.

AVAZ MOBILE does not grant any copyright license, actual or implied, through the presentation of graphics, text, or photographs within this home page. Nor does AVAZ MOBILE 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.

4. DISCLAIMERS
AVAZ MOBILE 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. AVAZ MOBILE, PROVIDES THIS INFORMATION "AS IS" 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, AVAZ MOBILE DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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AVAZ MOBILE products and services may require regulatory approval in some jurisdictions, and, the purchase, ownership, and/or use of certain AVAZ MOBILE products or services may not be lawful in some jurisdictions. The presentation of information about AVAZ MOBILE products and services and the availability of an order entry page within this AVAZ MOBILE home page are not intended to constitute an offer for sale by AVAZ MOBILE 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 AVAZ MOBILE product or service has not received any required regulatory approval or where the purchase, ownership and/or use of a AVAZ MOBILE product or service is unlawful.

The information contained in this website is presented as a public service only. The information is not presented for the purpose of conducting business within any jurisdiction and AVAZ MOBILE does not intend any information in this website to constitute an advertisement or offer for sale of AVAZ MOBILE products and/or services in any jurisdiction. All offers to purchase are accepted by AVAZ MOBILE in the jurisdiction in which AVAZ MOBILE makes the product available for shipment from its dock. All sales transactions are consummated, and title passes, at the point of shipment.

5. SUBMISSION OF COMMENTS
All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to AVAZ MOBILE in this Web Site (collectively, "Comments") in response to solicitations in this Web Site shall be deemed and shall remain the property of AVAZ MOBILE Communications. None of the Comments shall be subject to any obligation of confidence by AVAZ MOBILE. AVAZ MOBILE shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, AVAZ MOBILE 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.

6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AVAZ MOBILE 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.

7. 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 Seattle, Washington.

8. TRADEMARKS AND REGISTERED TRADEMARKSAll products or service names mentioned on this server are trademarks or registered trademarks of their respective owners.

9. 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:

Other practices may be relevant in determining Legitimate Use and we reserve the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. We may at our option, terminate the customer relationship with you, or may suspend your subscription immediately if it is determined you are using your Service contrary to this FUP or our Terms of Use. Where reasonable, we will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, we may offer you an alternative Service plan to continue service on.



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