Terms & Conditions
By using Tossable Digits services, you agree to be bound by the following terms and conditions (the "Terms of Service").
TERMS AND CONDITIONS OF SALE
Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These terms and conditions (the "Agreement") apply to your purchase of products and/or services offered on this Web site by Telusion, Inc. (Company). By placing your order and using our service, you accept and are bound to the terms and conditions of this Agreement. This Agreement shall apply unless you have a separate purchase agreement with Company, in which case the separate agreement shall govern.
Company reserves the right to modify or terminate any and all services at any time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in writing and signed by both you and Company.
Company provides telephony-related services for legitimate, legal purposes. You can not use the services provided by Company for any illegal purposes. You are not allowed to resell any of Company's services without a written agreement between you and Company. The products and services provided by Company may not be used in any fashion to abuse, spam, violate any of our Carrier Partner's Terms of Service, break local laws, or in any way negatively affect the operations of Company's products and services. You may not promote Company's products and services without written consent of Company. You may not use Company's services to forward any calls, SMS messages or emails to a phone number or email you do not have permission or the right to use.
SMS on US and Canada Local Numbers is limited to conversational, person-to-person (P2P) messaging only. Business-related SMS is only allowed on US and Canada Toll Free Numbers. Business content on US and Canada Local Numbers will result in immediate suspension of SMS functionality.
Individuals may only create and manage a single account. Multiple accounts determined by Company to be created and managed by a single individual may be removed without notice and without refund, at the sole discresion of The Company. Credit cards are locked to individual accounts, and the same credit card cannot be used on different accounts. Attempts to defraud Company by using fraudulent, stolen or low-balance prepaid or virtual credit cards, or by opening multiple accounts to avoid payment will be met with legal action and refusal to provide future service.
Payment terms are within Company's sole discretion, and, unless otherwise agreed to by Company, payment must be made at the time of purchase of a particular plan.
All Subscription Plans automatically renew either monthly or annually until canceled. Company may terminate Subscriptions at any time for cause. The causes may be but are not limited to: failure to pay in a timely manner, violations of Terms of Service, fraudulent activity, illegal activity.
All Subscription Plans are at a minimum automatically billed monthly or annually and automatically renew each billing period. Outstanding balances may be billed to your credit card between normal billing periods if it exceeds an amount determined on a per-user basis. Account holders may cancel Subscriptions at any time. You authorize Company to bill your credit card or other payment method for the full outstanding balance each month until the Subscription is canceled. The full outstanding balance is due at the time of Subscription cancellation. Annual Plans are non-refundable, neither in full nor pro-rated.
Company is not responsible for pricing, typographical, or other errors, in any offer by Company and reserves the right to cancel any orders resulting from such errors. Refunds are not provided automatically, will be provided only at Company's sole discression, and will only be considered if asked for nicely.
You may cancel your ongoing subscription at any time by follow the procedure outlined on the Frequently Asked Questions page. All cancellation requests must be received by the first day of a billing period. Cancellation requests received after the first day of the billing period shall apply to the following billing period.
LIMITATION OF LIABILITY
Company does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, or loss of business. Company services involve forwarding calls to a phone number you choose. Company cannot control who makes calls to you via the services. Except as expressly provided herein, Company will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Company is not liable or responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this Agreement shall apply even if such remedies fail their essential purpose.
Company's services, materials and web site, including but not limited to services and materials supplied by third parties, are provided on an "as-is" basis without representations, warranties or conditions of any kind, except as expressly stated in this agreement, and to the extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or other warranty, non-infringement, and implied warranties arising from usage of trade, course of dealing or course of performance with regard to our content, information, products, or services provided hereunder. Without limiting the generality of the foregoing, we further disclaim that our service will be free from bugs, defects, or errors or that the service will be accessible without interruption.
We further disclaim all warranties of any kind whether express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or other warranty, non-infringement, and implied warranties arising from usage of trade, course of dealing or course of performance with regard to our content and any third party content distributed by us, information, products, or services provided hereunder.
This agreement and any sales there under shall be governed by the laws of the state of Connecticut, without regard to conflicts of laws rules. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.