Updated: Nov 4, 2019
Service Terms
Addaline (and Funbers) provides telecommunications services to businesses, governments and individuals (the “Service(s)”). These Service Terms (the “Service Terms”) govern your use of the Funbers’ Services and constitute a contract between you (“you” or “Subscriber”) and Funbers Telecom Corp. ("Addaline", “Funbers”, “us” or “we”). This is a binding contract between Funbers and you, and by subscribing to or using the Services or otherwise accessing the site funbers.com, funbers.net or addaline.com, you accept these Service Terms.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICE OR THE WEBSITE. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MUST DISCONTINUE YOUR USE OF THE SITE AND SERVICES IMMEDIATELY. IF YOU ARE UNDER THE AGE OF 18, YOUR PARENTS MUST REVIEW AND ACCEPT THESE TERMS BEFORE YOU USE THIS SITE OR THE SERVICES FOR ANY REASON. THIS SITE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13. BY AGREEING TO THESE TERMS You are giving up important rights including waiver of right to a jury trial, RIGHTS RELATED TO jurisdiction, AND THE RIGHT to sue under class action status. YOU ARE ALSO AGREEING TO HAVE ANY DISPUTES HEARD IN arbitration.
The entire contents of these Service Terms, the Services and Funbers’ website are protected under the United States copyright laws, among other laws. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under these Service Terms.
1. Funbers offers service nationwide that is compatible with all major land line phone and cellular service providers. The mobile application is available for download on iPhone® and Android™ phones, smart phones, landline or cell phones (the “Device”). Device compatibility has limitations, and these Service Terms explain those limitations.
1.1 911 Dialing
911 is the emergency dialing system in the United States of America regulated by the Federal Communications Commission and in certain other jurisdictions used to dispatch emergency services such as fire, police and rescue. The Funbers SERVICE is a supplement to the regular DEVICE. 911 dialing is done through the regular DEVICE functions. Do not disable your DEVICE’S 911 functions when using the Funbers SERVICES. FUNBERS DOES NOT SUPPORT NATIVE 911 SERVICE. If 911 is dialed in the Funbers application, the service is designed to forward the call to the native Device dialer to dial it. THIS FORWARDING MAY NOT OPERATE FLAWLESSLY WITH ALL DEVICES. Be aware that 911 Dialing does not function reliably in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Dialing. By using the 911 systems or Funbers Service, you authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, by way of illustration but not limitation, call routers, call centers and local emergency centers.
1.3 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should make arrangements for an alternate means of accessing traditional 911 or E911 services or disconnecting the Service. You understand that additional arrangements should be made to access emergency services. To access emergency services, you acknowledge and accept that it is your sole responsibility to purchase, from a third-party separately from Funbers, traditional wireless or wireline telephone service that offers access to emergency services. You further recognize that Funbers is not a replacement for your primary cellular telephone service and you are hereby advised to maintain a traditional telephone service at all times. By agreeing to these Service Terms and by your use of the Device, you acknowledge and accept that the Device may not support or provide emergency service at all times. You represent and warrant to Funbers that you already have made additional arrangements with a third party to access emergency services.
1.4 Network Congestion. Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public line or wireless telephone networks.
1.5 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using 911 Dialing service are answered or addressed by any local emergency response center. We expressly disclaim any and all responsibility for the conduct of such local emergency response centers and the national emergency calling center. Your primary wireless carrier (who may contract with a third party carrier) is responsible for routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event primary wireless carrier (who may contract with a third party carrier) data used to route calls is incorrect or yields an erroneous result. Neither Funbers nor any of its officers, directors, employees, shareholders, parent, subsidiaries, or affiliates and agents may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 Dialing service unless such claims or causes of action arise from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Funbers, its officers, directors, employees, shareholders, parent, subsidiaries, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including without limitation, attorney’s fees) incurred by or on behalf of you or any wireless or third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, or the inability of any user of the Service to use 911 Dialing or access emergency service personnel.
1.6 Notify All Users. You should inform all household residents, guests, and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of 911 outlined above.
2. SERVICE. Funbers will provide you with digital phone service, subject to these Service Terms.
3. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into these Service Terms and affirm that the information you supply to us is accurate and complete. You understand that Funbers relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify Funbers whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.
4. GENERAL PRICING AND FEES. Funbers’ prices are shown in the Pricing Schedule and you will be charged based on the Plan and Options you select during the ordering process. In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to network usage, applicable taxes, fees and surcharges, including charges imposed against Funbers by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis and may change at any time without notice; any variations will be reflected in your monthly charge. The current Regulatory Recovery Fee is one dollar and 98 cents ($1.98) for all clients. We do not support E911 service but reserve the right to charge an E911 cost Recovery Fee is ninety-nine cents ($0.99) when the service is offered or when legally required for all clients in the United States of America. Funbers may collect a Federal, State and Local Services (FSLS) Recovery fee for most voice services. This fee is a percentage of billable service, and covers a variety of taxes, surcharges and fees billed by federal, regional and local agencies. The current rate is 11.64%, and is subject to change without notice. When possible, Funbers will break out such charges on the monthly invoice. Sales and service taxes may apply in various jurisdictions. THE SUBSCRIBER AGREES AND ACKNOWLEDGES THAT THE SUBSCRIPTION RATE IS PRICED TO THE RISK PROFILE IN THESE SERVICE TERMS.
4.1 Taxes and Fees on Free Services. Any plan that comes with free Service will be assessed applicable taxes, surcharges, and fees periodically, based on the details of the plan selected. These fees will be calculated based on the standard price for the service. Services are subject to suspension and termination if balances are not paid in a timely manner as provided in these Service Terms.
5. PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services. There are no pro-rated refunds for unused time. All services will be charged via automatic credit card withdrawal. Unless otherwise stated in the Pricing Schedule, Funbers will invoice and charge Subscribers monthly. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, Funbers will continue to electronically charge the credit card on file for the outstanding balance until all balances are fully resolved. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and all other applicable fees and charges. Subscribers must pay a twenty-five dollar ($25.00) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.
You are responsible for all charges attributable to your account incurred with respect to the Services. You agree to notify Funbers immediately, in writing or by calling the Funbers customer care line at (888) 386-2371 if you become aware at any time that Services are used without authorization, use or fraudulently. You are responsible for all usage charges attributable to your account, even if incurred as the result of fraudulent or unauthorized use by third parties, until you report the unauthorized use or fraudulent use of the Services. You are solely responsible for securing your 10 digit account number and a four digit personal identification number (PIN). Ensure the numbers are not stolen by keeping them in a safe location and physically blocking line of sight key memorization from others. Funbers may, but is not obligated to, detect or report unauthorized use or fraudulent use of Services. You agree to save, defend, indemnify and hold Funbers harmless from all claims, costs, liabilities and damages arising out of such fraudulent use.
5.1 Long Distance. Local and long distance services are covered by Funbers plans as per the price list on www.addaline.com.
5.2 International Calling. International calls will be billed according to the billing table which is separate from local and long distance.
5.3 Directory Assistance and Operator Services. Directory assistance and operator services are not supported by Funbers. You must rely on your current carrier for this service.
5.4 Call Forwarding. Call forwarding can be disabled in the app. Call forwarding can only be done to the real phone number you provided during sign up.
5.5 Toll-Free Numbers. Toll Free numbers are currently not supported.
5.6 Funbers service is available nationwide and is compatible with all phone and cellular service providers. The mobile application is available for download on iPhone® and Android™ phones, and other smart phones, Landlines or cell phones.
5.7 You may create a unique phone number and add as many as you’d like. We will not reveal your identity but you must maintain the number as private unless you want to share it with others.
5.8 You may block callers with supplied messages, such as a disconnected tone.
5.9 You may remove your Funber anytime, but fees are earned at the time of purchase for the term you selected.
5.10 Incoming Calls. When someone dials your Funber, your personal phone will ring.
5.11 Your personal phone will ring. This implies that if the call is not answered by you the caller might reach your voicemail. It is up to you to disable or record a non-personally identifiable voicemail should you want to keep your information private. In some version of the application you can enable VOIP functionality rather than having the call go to your personal phone number, in this case you can record a separate voicemail and the caller will not reach your regular voicemail.
5.13 Dialing Out Wireless. Use the Funbers mobile app to dial the number you want to call. The caller will be shown your Funber number and your cell phone number will remain private in most cases.
5.14 Dialing Out Land Line. To use your Funber from a landline, dial your Funber, wait for the tone, then enter the number you want to call. In most cases, only the Funber number will appear on the other party’s caller ID, not your personal name or number.
5.15 Screening Calls. By way of your Funbers account, in most cases you can select the number that you want to screen, then set the response that gets played each time that number calls you, such as a disconnect tone or a busy signal.
6. EQUIPMENT AND SERVICE PLATFORM. You must have a smartphone that is either an iOS or Android phone with a current (updated) version of the software in order to use Funbers App. If our App for some reason doesn’t work with your phone you can request a refund of the subscription fee. For landline only a working phone is required.
7. TERM. These Service Terms are effective upon Subscriber’s acceptance as provided above and shall continue until terminated by Subscriber or Funbers pursuant to these Service Terms.
7.1 Resellers and Contract Subscribers. Contract Subscribers and resellers of the Service may have additional terms. A Contract Subscriber is on either a twelve (12) month term or twenty-four (24) month term (“Contract Term”) beginning on the day such Subscriber accepts these Service Terms as provided above. The length of the Contract Term is determined by the Service package selected by the Subscriber during the sign-up or renewal process. Any Contract Subscriber who wishes to change or cancel their service plan during their Contract Term will be assessed a Contract Termination Fee of $100 or the remainder of the contract amount, whichever is less. Following the initial Contract Term, a Contract Subscriber will automatically become a Monthly Subscriber.
8. TERMINATION BY SUBSCRIBER. Subscriber may terminate these Service Terms at any time for any reason by providing Funbers with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of these Service Terms. Send requests to support@addaline.com.
9. TERMINATION BY Funbers. If, in Funbers’ sole and absolute discretion: (a) a Subscriber is in breach of any of these Service Terms (including but not limited to the Acceptable Use Policy); (b) a Subscriber’s use of the Service is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction to the Service, Funbers’ servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with Funbers’ technical support staff, customer service staff or any other Funbers employees or representatives; (d) Funbers receives an order from a court of competent jurisdiction or security related governmental body to terminate a Subscriber’s Service; or (e) Funbers for any reason ceases to offer the Service, then Funbers at its sole election may terminate or suspend such Subscriber’s Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of these Service Terms, including without limitation the equipment charges set forth herein, if applicable.
10. TERMINATED SUBSCRIBER. Funbers, in its sole and absolute discretion may refuse to accept a Subscriber’s application for renewal or re-subscription following a termination or suspension of such Subscriber’s use of the Service. If a Subscriber’s Service is terminated for any reason, such Subscriber, upon approval by Funbers, may enter into a new agreement by accepting the Service Terms and must pay a new setup or activation fee as provided above. Upon the termination of a Subscriber’s use of the Service, Funbers has the right to immediately delete all data, files and other information stored in or for the Subscriber’s account without further notice to the Subscriber.
11. TECHNICAL SUPPORT. Funbers assumes that all Subscribers possess a basic understanding of their Devices and each of their limitations. Funbers will not train you in basic computer skills. Technical support is intended to facilitate the setup of your properly functioning system for access to the Services.
11.1 Incompatibility With Other Services.
(a) Non-Voice Equipment Limitations. You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, medical monitoring equipment, TIVO, satellite television systems, PBX, Centrex, other private telephone networks, and dial-up modems. You waive any claim against Funbers for interference with or disruption of these services and equipment, as well as any claim that Funbers is responsible for any disruption to your business, if applicable.
(b) Hardware Compatibility Issues. There may be other internet services or hardware with which our Service may be incompatible, including but not limited to: fixed wireless, satellite, and Wi-Fi hotspots. Some providers of broadband service may provide modems that prevent the transmission of communications using our service. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service.
12. WARRANTIES AND LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE SERVICE TERMS AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY FUNBERS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SERVICE, SOFTWARE, OR EQUIPMENT) FUNBERS (INCLUDING WITHOUT LIMITATION ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT, SUBSIDIARIES, AFFILIATES OR AGENTS) AND ITS THIRD PARTY LICENSORS, PROVIDERS, AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF YOUR TELECOMMUNICATIONS SYSTEM, COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY FUNBERS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF FUNBERS TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
FUNBERS DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF FUNBERS HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR FUNBER NUMBER IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR FUNBERS SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THESE SERVICE TERMS (OTHER THAN RESELLER’S OBLIGATION TO RETURN ANY PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THESE SERVICE TERMS).
FUNBERS DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY FUNBERS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT QUALITY OF SERVICE WILL MEET YOUR PRIMARY NUMBER’S CURRENT LEVEL. FUNBERS SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, DIMINISHED SIGNAL QUALITY OR FOR CIRCUMSTANCES IN WHICH CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. FUNBERS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. SEVICES SHOULD NOT BE RELIED UPON IN MEDICAL, SECURITY OR EMERGENCY SITUATIONS.
IN NO EVENT SHALL FUNBERS (INCLUDING WITHOUT LIMITATION ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT, SUBSIDIARIES, AFFILIATES, OR AGENTS) OR ITS THIRD PARTY LICENSORS, PROVIDERS, OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF FUNBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO FUNBERS’ THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THESE SERVICE TERMS.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH FUNBERS (INCLUDING WITHOUT LIMITATION ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT, SUBSIDIARIES, AFFILIATES, OR AGENTS) AND FUNBERS’ THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS SHALL BE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THESE SERVICE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
FUNBERS RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE SERVICE TERMS (INCLUDING WITHOUT LIMITATION ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS FUNBERS (INCLUDING WITHOUT LIMITATION ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT, SUBSIDIARIES, AFFILIATES, OR AGENTS) OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THESE SERVICE TERMS, OR SUBJECTING FUNBERS (INCLUDING WITHOUT LIMITATION ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT, SUBSIDIARIES, AFFILIATES, OR AGENTS) OR ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS; OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THESE SERVICE TERMS OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF FUNBERS (INCLUDING WITHOUT LIMITATION ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENT, SUBSIDIARIES, AFFILIATES, OR AGENTS) AND ITS THIRD PARTY LICENSORS, PROVIDERS, AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Funbers (including without limitation any of its officers, directors, employees, shareholders, parent, subsidiaries, affiliates, and agents) and its third party licensors, providers and suppliers from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or these Service Terms by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet, or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Service Terms or your use of the Service, except to the extent that such liabilities arise from the gross negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from your use of (or use by any parties who use your account, with or without your permission, to access the Service) the Service, the Software, the Equipment or the Internet.
14. REVISIONS. Funbers may revise the terms and conditions of these Service Terms from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.addaline.com/terms-of-use. You agree to visit this page and the links therein periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their use of the Service immediately.
15. ASSIGNMENT. You agree not to assign or otherwise transfer your rights or obligations under these Service Terms (in whole or in part) or the Software or your rights or obligations under it. Any attempt to do so shall be void. Funbers may assign all or any part of its rights or obligations under these Service Terms to a third party without notice to you, and you agree to continue to be bound by these Service Terms after such assignment, including without limitation making all subsequent payments due in accordance with the Service Terms.
16. Arbitration Service Terms.
16.1 Except for claims of infringement of Funbers’ intellectual property rights, DISPUTE RESOLUTION WITH FUNBERS SHALL BE CONDUCTED BY BINDING ARBITRATION. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. The probability of resolution of customer concerns quickly are high by contacting Funbers customer care at (888)386-2371. In the unlikely event that Funbers customer care department is unable to resolve a complaint you may have to your satisfaction, both parties agree to resolve such disputes through binding arbitration according to the rules of the Arbitration Service of Portland. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, or for misrepresentation or based upon any other legal theory;
(b) claims that arose before this or any prior Service Terms (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of these Service Terms.
16.2 References to “Funbers” and “us” include our respective subsidiaries, parents, affiliates, agents, officers, directors, shareholders, employees, predecessors in interest, successors, and assigns, while “you” includes yourself as the Subscriber as well as all authorized or unauthorized users or beneficiaries of services under this or prior Service Terms between you and Funbers. These Service Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Service Terms.
16.3 A party who intends to seek arbitration must first send to the other a written notice of the dispute by certified mail (“Notice”). The Notice to Funbers should be addressed to: Funbers Telecom Corp, Att: Alfred Nurnberger, 2684 SW Buckinham Ave, 97201 Portland OR (“Notice Address”). (“Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). If Funbers and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Funbers may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Funbers or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Funbers is entitled.
16.4 After Funbers receives notice at the Notice Address that you have commenced arbitration, any arbitration hearings will take place in Multnomah county in the State of Oregon.
16.5 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND FUNBERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Funbers agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this provision shall be null and void.
16.6 Notwithstanding any provision in these Service Terms to the contrary, we agree that if Funbers makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
17. CHOICE OF LAW; LIMITATIONS PERIOD. You and Funbers agree that the substantive laws of the state of Oregon, but not that state’s conflict of laws provisions except to the extent such law is preempted for inconsistency with Federal law, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of these Service Terms. To the fullest extent permitted by law, you and Funbers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Service Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. COMPLIANCE, WAIVER, INVALIDITY. Funbers failure at any time to insist upon strict compliance with any of the provisions of these Service Terms in any instance shall not be construed to be a waiver of such terms in the future. If any provision of these Service Terms is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. The foregoing does not apply to the prohibition against class or representative actions that are part of the arbitration clause; if that provision is found to be unenforceable.
19. THINGS BEYOND FUNBERS CONTROL. Funbers will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of third parties, fires, floods, strikes or other labor-related disputes, other events we do not control, or an inability to obtain necessary equipment or services.
20. ENTIRE AGREEMENT. These Service Terms, including all policies posted on Funbers’ website, which are fully incorporated into these Service Terms by reference, constitute the entire agreement between you and Funbers with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to these Service Terms, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
21. NOTICE. Notices by Funbers to you shall be deemed given: (a) when sent to your primary contact email address; (b) when deposited in the United States mail addressed to you at the address you have specified in your account options; or (c) when hand delivered to your home, as applicable. Notices by you to Funbers shall be deemed given when deposited in the United States mail addressed to Funbers’ customer care center at the following address Funbers Telecom Corp, Att: Alfred Nurnberger, 2684 SW Buckinham Ave, 97201 Portland OR or email address support@addaline.com.
22. ACCEPTABLE USE. Subscriber agrees to use the Service in accordance with Funbers’ acceptable use policy (“Acceptable Use Policy”), published at http://www.addaline.com/acceptable-use-policy. Funbers reserves the right to make changes to the Acceptable Use Policy without notice.
23. PRIVACY POLICY. Funbers will treat each Subscriber’s personal information in accordance with Funbers’ privacy policy (“Privacy Policy”) published at http://www.addaline.com/privacy-policy. Subscriber agrees to the terms of the Privacy Policy. Funbers reserves the right to make changes to the Privacy Policy without notice.
24. SURVIVAL. All obligations of the parties under these Service Terms, which, by their nature, would continue beyond the termination, cancellation or expiration of these Service Terms, including without limitation, those provisions relating to Warranties, Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
25. PHONE NUMBER CHANGES. Phone number changes will incur a one-time $5 processing fee unless otherwise stated at the homepage.
26. TRANSFERRING NUMBERS. Funbers does not allow transferring numbers to or from Funbers. Funbers always retains ownership of the Funber numbers.
27. CALLER ID SERVICE. Funbers does not offer caller identification service.
28. ELECTRONIC COMMUNICATIONS. When you visit Funbers, sign up for Service with us, or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically in return. It is the responsibility of the subscriber to maintain and update a valid email address with Funbers at all times. Funbers will not be held responsible for interruptions in service or cancellation of service for non-payment due to an email not being received by the subscriber or filtered out by the email provider being utilized by the subscriber. You agree that all Service Terms, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Funbers sends regular account notifications, balance notifications, and subscription renewal emails; Subscribers cannot opt out of these emails except by cancelling their service. Subscribers can opt out of periodic newsletters and feature update announcements by clicking a link at the bottom of all optional email correspondence.