TERMS AND CONDITIONS

Wayfare Mobile LLC

Terms & Conditions

7by24 User Agreement
and www.7by24mobile.com Website Terms of Use

Effective: December 10th 2015

  1. Introduction

 

Welcome to 7by24 from Wayfare Mobile LLC (“Wayfare” or “we”). We offer U.S. consumers a proprietary, prepaid, pin-less, card-less telecommunication service which enables consumers to make U.S. domestic and international calls (the “Service“). This agreement sets forth the terms and conditions that apply to:

  • your purchase, recharge and use of the Service;
    • your use of the 7by24mobile.com (the “Website“); and
    • your purchase and use of any other products or services from the Website.

In order to use the Service and the Website you must first accept our terms and conditions (collectively, the “Agreement“). The Agreement includes:

  • this User Agreement;
    • the Website Terms of Use (see below);
    • any term or condition posted on the Website, including charges for the Service; and
    • any disclosures, limitations or other information provided with, or printed on, any top-up cards or other materials associated with the Service (or any other product or service that you purchase from the Website).

You accept and agree to this Agreement by:

  • registering with the Website; or
    • opening or recharging a User Account either through the Website or our interactive voice response system (IVR); or
    • opening or recharging a User Account with a 7by24 retailer; or
    • using the Service (or any other product or service offered on the Website), including for a free trial.

If you do not agree with the terms of this Agreement, then don’t register with the Website or use the Service (or purchase any other product or service offered on the Website). If there is any conflict between the terms of this Agreement and the terms contained on the Website or in any materials regarding the Service, then the terms of this Agreement will control. This Agreement remains effective from the date of acceptance by you until terminated by you or Wayfare in accordance with Section 3.15.

 

  1. Your User Account and Charges for the Service

 

2.1 OPENING A USER ACCOUNT. To use the Service (other than for a free trial), you must create and fund a User Account with sufficient balance. A User Account means either a mobile phone number or a fixed landline number provided by you (or such other number provided by Wayfare) which may be funded by you to purchase and use the Service and from which the applicable Service charges will be deducted. You can open a User Account at designated retail locations that sell the Service. All requests to open a User Account or to fund a User Account are subject to acceptance by Wayfare. If you successfully open a User Account, we will send you a confirmation message with your userid, password and other important instructions. The confirmation message will either be sent by SMS to the phone number you requested Wayfare to register or delivered by our automated IVR which will automatically dial that phone number.

2.2 FUNDING YOUR USER ACCOUNT. You can add funds to your User Account by providing cash at a 7by24 retailer or by adding funds through the credit card payment process available on the 7by24mobile.com website payment function, currently located within the Member Center requiring 7by24 account login. The phone number you provide upon opening your User Account will be automatically recognized by Wayfare’s system in store system, however online payment through the Member Center will require login using your Userid and Password.

2.3 Payments. Acceptable forms of payment include cash (in store), credit/debit card payment through the Member as permitted by Wayfare, as well as any other form of payment Wayfare may authorize in the future.

 

You authorize any charges incurred from the use of your 7by24 account to be billed to you through your account or credit card and authorize Wayfare to automatically charge your credit card for all fees and charges you may incur in connection with the service. You may use the 7by24 account only so long as your account or credit card remains valid. You agree to pay for all charges incurred by use of the 7by24 account issued to you and comply with all other terms and conditions set forth herein. We do not waive our right to collect the full amount due if your form of payment is cancelled, disabled, discontinued or otherwise dishonored after your use of the Service.

 

In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your funds to be available in your account.

 

You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify 7by24’s Customer Care immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used. You agree to be responsible for payment of all charges on your account incurred as a result of the use of your 7by24 debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.

 

You are not authorized to use your 7by24 account after your account or credit card has expired or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to 7by24 for any charges resulting from the use of your 7by24 account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to 7by24.

 

 

2.4 CHARGES. All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans subject to a fixed monthly fee (the “Monthly Fee”) pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change. Our rates may not include additional charges you may be assessed for originating a call from a cell phone. In addition, you will be responsible to pay any fees that 7by24 charges for optional services that you subscribe to from 7by24. If you elect to subscribe to the “Directory Listing” service you will be charged $1.50 per month (or the pro rata portion thereof), which assists in recovering the costs 7by24 incurs in paying a third party provider in connection with the service as well as other expenses and charges 7by24 incurs in providing the service. These fees will be deducted from your prepaid debit Account Balance or charged directly to your credit card.

 

All Monthly Fees and any additional per minute charges incurred will be deducted from your prepaid debit account or charged directly to your credit card on the same date and at the same time every month, provided that there may be a delay of up to a few days from time to time.

 

If you are subscribed to a calling plan subject to a Monthly Fee, and in the event that your debit Account Balance drops below the level set forth in the Calling Plan Details with respect to your particular calling plan, your credit card will automatically be recharged in the amount specified by you during sign up, unless your account is not subject to Automatic Recharge. In the event that your calling plan is subject to Automatic Recharge and your account falls below the level set forth in the Calling Plan Details with respect to your particular calling plan, but the charge for the Automatic Recharge fails, you will be automatically downgraded to a per-minute price plan.

You may contact Wayfare’s Customer Support Representatives at +1-240-321-9920 if you have any questions about the Service, including the U.S. domestic or international long distance rates associated with the Service. You agree that by continuing to use the Service following a change in the rates or charges, you accept such adjustments.

2.5Taxes. Certain federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future (collectively, “Taxes”) may apply or become applicable in connection with the use of the Service, Software or Website. You will be solely responsible for any Taxes, and such Taxes will be deducted automatically from your prepaid debit Account Balance or charged directly to your credit card.

 

2.6 CELL PHONE USE. When dialing an access number for the Service from a cell phone, DO NOT PRESS “SEND” again after entering your destination number. This might result in additional charges from your wireless provider. Wayfare is not responsible for any costs incurred by you, including without limitation cell phone provider charges, in the event you incorrectly use the Service or if you use the Service for any unlawful purpose.

2.7 USER ACCOUNT LIMITS. Wayfare may, in its sole discretion, limit the number of User Accounts you open and/or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a User Account and reserve the right to close any User Account (with a corresponding refund) if the number of your accounts exceeds any limit which we impose.

2.8 CREDITS FOR INTERRUPTION. If an interruption or failure of the Service is caused solely by us and not by you or by a third party or by other causes beyond our reasonable control, you may be entitled to a credit – contact Customer Support. Wayfare reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, (b) you have breached this Agreement or (iii) that you are using the Service fraudulently or that your User Account is being used by a third party fraudulently.

2.9 ROAMING CHARGES. You may also have to pay additional roaming charges to your mobile carrier if you connect to the Service while you are in a country that is not the country associated with your User Account. Roaming charges are charged in addition to any Wayfare charges you may incur when connecting to or using the Service from another country.

2.10 ACCOUNTING ERROR. If you believe that Wayfare has charged your User Account in error, you must submit a written request for a refund by contacting Customer Support within 90 days after the date the error first appears in your User Account or within 120 days after the error occurred, whichever is the earlier. No refunds will be given for any charges beyond these time limits.

2.11 PROMOTIONAL OFFERS. From time to time, Wayfare may offer the Service for free for a trial period or offer other promotions. Wayfare reserves the right to restrict these promotional offers to certain users, including new users. Wayfare also reserves the right to stop any promotional offer or to prohibit a user from continuing use the Service if Wayfare determines that a user is abusing the terms of the offer.

  1. The 7by24 Service

3.1 USE OF SERVICE. Wayfare grants you a non-exclusive, non-transferable right to use the Service subject to your compliance with this Agreement. Wayfare will provide the Service to you in accordance with this Agreement subject to availability. We make no representation that the Service is available for use in any particular location. To the extent you choose to access the Service, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to the Service. We may also impose limits on the use of or access to the Service without notice or liability.

3.2 YOUR INFORMATION. You agree to provide accurate, current and complete information when registering for the Service (or any free trial of the Service), or when requested by us. You give us permission to verify all information you provide, including your email address and credit or debit card information. You must also inform us immediately of any changes to the information you have provided to us.

3.3 YOUR USER ACCOUNT AND DEVICE. You are responsible for all actions that take place as a result of access to or use of the Service under your User Account whether the access was made by you or by a third party using your User Account or your mobile or landline phone (your “Device“). If your Device is stolen or if you become aware of unauthorized use of the Service you must notify us immediately to suspend the Service. You are responsible for all charges to your User Account until the Service is suspended. You are responsible for preventing the unauthorized use of your User Account and the Service, and you are responsible for any reduction in value of your User Account arising out of either authorized or unauthorized use.

3.4 YOUR ACCOUNT LOGIN INFORMATION. You must at all times keep your login information confidential and secure, and you must tell us immediately if your login information is disclosed to any unauthorized person. We may disclose any information in connection with your User Account to anyone who correctly quotes your login information.

3.5 PROHIBITED USE. You expressly acknowledge and agree to use the Service and Website solely for lawful purposes. You agree not to use the Website or Service for any unlawful, abusive, or fraudulent purpose, including without limitation:

  • interfering with our ability to provide the Service to you or to other customers;
    • violating applicable law or this Agreement;
    • avoiding your obligation to pay for the Service;
    • using the Service other than for personal, consumer use;
    • intercepting any communication which is not intended for you;
    • sending any unsolicited commercial communication; or
    • submitting or exposing to any third party any material that infringes any third party’s intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in Wayfare’s sole discretion.

 

Any subscriber that signs up for the “Philippines Globe Unlimited Plan” shall be entitled to up to an aggregate of 4,000 minutes of normal consumer usage per month for calls made to Globe (Prepaid and Postpaid), Globelines, TM and bayanPHONE in the Philippines. In addition, no more than 5 different B numbers can be called per day.

 

Furthermore, you agree not to use the Website or the Service in any way that: (i) could damage, disable or overburden any Wayfare server or facility, or the networks connected to any Wayfare server or facility, (ii) interferes with any other party’s use and enjoyment of the Service, or (iii) could damage Wayfare’s business, reputation or employees. You agree not to resell or commercialize the Service (whether for profit or otherwise).

3.6 SUBMISSION OF INFORMATION TO WAYFARE. If you send any messages or post any information to Wayfare with or through the Service, or otherwise provide feedback to Wayfare, you are granting Wayfare a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Service. Furthermore, you understand that Wayfare retains the right to reformat, excerpt, or translate any information or materials submitted by you to Wayfare. Wayfare reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Wayfare’s sole discretion.

3.7 NO WARRANTIES. You expressly acknowledge that (a) your use of the Service, the Website and any content on the Website (“Content“) is at your sole risk and (b) the Service, Website, and all Content is provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. Wayfare does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Website, the Service, the Content or the telecommunication services underlying the Service or any Wayfare product associated with the Service, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release Wayfare from all such warranties of any nature. Without limiting the foregoing, Wayfare makes no warranty or representation that the Website, Service or Content will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error free or free of viruses or other harmful components or that any defects will be corrected. Wayfare does not warrant any quality of calls made through the Service. Wayfare may choose not to provide Service to countries or calling areas at its sole discretion. The Service does not include the connection from your Device or network to our network. We do not authorize anyone, including but not limited to Wayfare employees, to make any warranties on our behalf and you should not rely on any such statements. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to you. For the purposes of this paragraph, “Wayfare” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.

Since the Service will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruptions and you may experience some disruptions in the Service (e.g., packet loss and delay). Additionally, you also understand that calls to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Wayfare will not be liable for any disruption, delays, eavesdropping or other omissions in the Service. Wayfare takes no responsibility for any disruption, interruption or delay in the Service caused by any failure of or inadequacy in any items over which it has no control.

3.8 SUSPENSION OF SERVICE. Wayfare may immediately suspend, cancel or restrict the Service and/or your User Account, all without advance notice or liability, if:

  • you violate this Agreement;
    • we reasonably believe that you or someone else is fraudulently or unlawfully using the Service through your User Account, including fraudulent calling patterns, excessive usage or billing irregularities;
    • we reasonably believe that you or someone else is abusing the Service through your User Account, including misuse of service promotions;
    • your form of payment for the Service is cancelled, disabled, discontinued or otherwise dishonored after you fund your User Account;
    • Wayfare needs to perform maintenance on or upgrade the Website, Service or the underlying infrastructure that enables you to use the Website or Service (you will not be entitled to claim damages for any such suspension or limitation of use); and/or
    • there is a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation.

You hereby agree to pay any and all outstanding charges for the Service and to reimburse us for any reasonable cost we incur in securing your payment, including, but not limited to, attorneys’ fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment you may use and/or may refuse to provide the Service to you, if any of your previous payments have failed to result in Wayfare’s receipt of the entire amount payable to us in connection with such payment.

3.9 COMMUNICATION. The content of the communications made using the Service is entirely the responsibility of the person from whom such content originated. You may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Wayfare will not be liable for any type of communication spread by means of the Service.

3.10 NO EMERGENCY CALLS. The Service does not and is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any type of emergency services of any kind and Wayfare is not liable in any manner for such calls.

3.11 NO SMS, MMS OR FAX MESSAGES. The Service does not include the ability to send messages via SMS, MMS or FAX.

3.12 EXPIRATION. You may terminate your account at any time by providing at least ten (10) days’ prior written notice to 7by24 Customer Support that contains your name, account number and clear request to terminate the Service.

If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges through the end of the then-current monthly term. Any notice of termination received within the final ten (10) days of any monthly term will be effective as of the conclusion of the subsequent month. Accounts not subject to Automatic Recharge will expire after three hundred sixty five (365) days unless a call has been made or funds have been added.

 

3.13 INDEMNIFICATION. You agree to indemnify, release and hold Wayfare harmless from any and all liability, losses, damages or claims of any kind resulting from or arising out of your (a) use of the Website, Service, Content or any other product or service purchased from the Website, (b) breach of this Agreement, or (c) violation of another person’s or entity’s rights. In addition, you agree that Wayfare shall not be responsible for any third party claims against you that arise from your use of the Website, Service or your User Account and you agree to reimburse Wayfare for all costs and expenses related to the defense of any such claims, including reasonable attorneys’ fees, unless such claims are based upon our willful misconduct or gross negligence. This section will survive the expiration or termination of the Agreement. For the purposes of this paragraph, “Wayfare” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

3.14 LIMITATION OF LIABILITIES. Wayfare is not liable to you or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Website, Service, Content, any other product or service purchased from the Website and/or the telecommunication services underlying the Service, including without limitation any personal injury, actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or we were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. Wayfare is not liable for any Service failures, outages or interruptions or equipment failures or acts or omissions of third parties. Wayfare will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit these exclusions or limitations, Wayfare’s liability in such jurisdictions shall be limited to the extent permitted by law. For the purposes of this paragraph, “Wayfare” includes our parent companies, subsidiary companies and affiliated legal entities, and all their directors, officers, agents, licensors and employees.

Notwithstanding anything in this Agreement to the contrary and should any provision of this Agreement limiting Wayfare’s liability not be enforced, Wayfare’s total liability to you in connection with this Agreement shall not exceed in the aggregate the amount paid by you for the Service in the 12 month period immediately prior to the date of the event giving rise to the claim, subject to a maximum of $1,000.00 in all cases.

3.15 TERMINATION OF RELATIONSHIP. You may terminate your relationship with Wayfare at any time by requesting closure of your User Account, ceasing to use Service and Website and cancelling any recurring payments. Wayfare may terminate its relationship with you, or may terminate or suspend your use of the Service, Website and/or your User Account at any time if:

  • if you violate this Agreement;
    • if we reasonably suspect that you are using the Website, Service or your User Account to break the law or infringe a third party’s rights;
    • if we reasonably suspect that you are trying to unfairly exploit or misuse any of our policies;
    • if we reasonably suspect that you are using the Website or Service fraudulently or that your User Account is being used fraudulently by a third party;
    • on 30 days’ notice;
    • immediately if required due to a change in any applicable law or by any of Wayfare’s partners; or
    • on 30 days’ notice if we decide to cease offering the Service to users in your jurisdiction generally.

Wayfare shall effect such termination by preventing your access to your User Account, the Service and/or the Website (as applicable). Upon termination of your relationship with Wayfare: (a) all licenses and rights to use the Service, Website and your User Account shall immediately terminate; and (ii) you will immediately cease any and all use of the Service, Website and your User Account.

3.16 TELECOMMUNICATIONS SERVICES. The telecommunication services underlying the Service are provided by our affiliate RouteSource Telecom LLC.

  1. Other Products and Services

4.1 OTHER PRODUCTS AND SERVICES. From time to time Wayfare may make available on the Website products and services from other providers, including domestic mobile top-up and international mobile top-up (collectively, “Additional Products“). The Additional Products, as well as the telecommunication and other services underlying the Additional Products, are provided by third party companies and operators in various countries that are not affiliated with Wayfare (collectively, “Third Party Operators“). Wayfare merely distributes the Additional Products.

4.2 USE OF ADDITIONAL PRODUCTS. Wayfare makes no representation that the Additional Products are available for use in any particular location. To the extent you choose to purchase any of the Additional Products, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to remove or add any Additional Products at any time without notice. You expressly acknowledge and agree to use the Additional Products solely for lawful purposes. You agree not to use the Additional Products for any unlawful, abusive, or fraudulent purpose.

4.3 THIRD PARTY PROVIDERS. The terms of use, charges, fees, taxes, credits and expiration policies for the Additional Products are established and provided by the Third Party Operators. Wayfare shall not be liable for the acts or omissions of the Third Party Operators. Wayfare will not be liable for any disruption, delay or other omissions in the telecommunication and other services underlying the Additional Products.

4.4 PURCHASE OF ADDITIONAL PRODUCTS. Wayfare is not responsible for any error due to incorrect information supplied by you to process a transaction involving any of the Additional Products. All purchases of Additional Products from the Website are final and may not be exchanged, canceled or refunded, except by the applicable Third Party Operator.

4.5 NO WARRANTIES. You expressly acknowledge that the Additional Products are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. Wayfare does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Additional Products and the telecommunication services underlying them, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release Wayfare from all such warranties of any nature.

  1. Miscellaneous

5.1 CONSENT TO RECEIVE SMS AND EMAIL. By using the Website or Service, you consent to receive SMS text and/or email messages from Wayfare and its affiliates regarding account management activities and special offers. Standard message and data rates will apply.

5.2 NO THIRD PARTY RIGHTS. The provisions of this Agreement are for the benefit of you and Wayfare and not for the benefit of any third party.

5.3 ACTS BEYOND OUR CONTROL. Wayfare will not be in breach of this Agreement or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control, including without limitation, fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers and acts of regulatory or governmental agencies.

5.4 ASSIGNMENTS. This Agreement is personal to you and you may not assign or transfer it or your rights or obligations to any other person without Wayfare’s prior consent. We can assign all or part of our rights or duties under this Agreement without prior notice. If we elect to make such an assignment, we will have no further obligations to you under this Agreement or in connection with your purchase or use of the Service.

5.5 NOTICES. Any notice from Wayfare or 7by24 to you under this Agreement will be provided by one or more of the following: posting on the Website, a recorded IVR announcement while using the Service, SMS text, email or a call to a telephone number provided by you. You may contact Wayfare either by phone or by email as follows:

Wayfare Mobile LLC
7by24 Product Team

Support@7by24mobile.com

Phone +1.240.321.9920

5.6 SEPARABILITY. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

5.7 GOVERNING LAW. This Agreement will be governed by the law of the State of Maryland, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Service.

5.8 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and Wayfare regarding the Website, the Service and any other products and services you purchase from the Website and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral regarding the same. This Agreement can be amended only as provided in Section 5.12 below. No written or oral statement, advertisement or service or product description not expressly contained in this Agreement or Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither you nor Wayfare is relying on any representations or statements by the other party or any other person that is not included in this Agreement.

5.9 SURVIVAL. The provisions of this Agreement that explicitly or by their nature survive or are intended to survive termination or cancellation shall so survive.

5.10 WAIVER. The failure by Wayfare to exercise, or delay in exercising, a legal right or remedy provided by this Agreement or by law shall not constitute a waiver of Wayfare’s right or remedy. If Wayfare waives a breach of this Agreement, the waiver shall not operate as a waiver of a subsequent breach of the Agreement.

5.11 DISPUTES. All disputes arising out of or related to this Agreement, the Website and/or the Service (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be submitted to the American Arbitration Association (“AAA“) for final and binding arbitration. The arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules (“AAA Rules“), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by this Agreement. The arbitration shall be held in Newark, New Jersey. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. The arbitrator will determine any controversy over whether an issue is subject to arbitration. Any court of competent jurisdiction may confirm or enforce the award. Unless otherwise provided for in the AAA Rules or in the arbitration award, Wayfare and you will divide equally all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator. Each party will bear the cost of preparing and presenting its own case. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought by you as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to this Agreement, the Website or the Service. Any dispute or claim arising out of or relating to this Agreement, the Website or the Service must be brought within two years after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.

5.12 CHANGES TO THE AGREEMENT. This Agreement may only be changed in the manner provided for in this section. Wayfare may without notice amend this Agreement or the information on the Website from time to time. The changes will be effective when published on the Website. Please review the terms on a regular basis. You understand and agree that your use of the Service or Website after the date of publication shall constitute your agreement to the updated Agreement.

5.13 TRANSLATION. For your convenience, Wayfare may provide you with a translation of the English language version of this Agreement. If there is any inconsistency between a non-English version of this Agreement and the English version, then the English version shall govern your relationship with Wayfare.

 

 

 


 

www.7by24mobile.com

Website Terms of Use

 

  1. General

The 7by24 Website is comprised of various websites, web portals and web pages, including www.7by24mobile.com (collectively, the “7by24 Website“) operated by Wayfare Mobile LLC and its respective subsidiaries and affiliates (collectively, “Wayfare“) and business partners. By using the 7by24 Website you agree to all terms, conditions, and notices contained or referenced herein (collectively, the “Terms of Use“). If you do not agree to these Terms of Use, please do not use the 7by24 Website. Wayfare reserves the right to update or revise these Terms of Use at any time without prior notice. Please check the Terms of Use periodically for changes. Your continued use of the 7by24 Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Additionally, the 7by24 Website may contain additional terms that govern particular products, features or offers. Finally, in order to purchase any product or service from the 7by24 Website, you will have to agree to the user agreement applicable to that particular product or service.

 

  1. Rules of User Conduct

You expressly acknowledge and agree not to use the 7by24 Website for any unlawful, abusive, or fraudulent purpose and to abide by all of Wayfare’s rules of user conduct. You agree that by (a) using the 7by24 Website or any service or product offered on the 7by24 Website, or (b) posting information in or otherwise using any communications service or other interactive service that may be available to you on or through the 7by24 Website, you will not distribute or facilitate the distribution of any content (including text, communications, software, images, sounds, data, or other information) that:

  • is illegal, harassing, abusive, defamatory, libelous, fraudulent, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates these Terms of Use;
    • victimizes, harasses or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    • constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation;
    • contains software viruses or any other computer programs, code or files that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data of any third party; or
    • impersonates any person or entity, including any employee or representative of Wayfare.

You also agree that you will not harvest or collect information about the users or members of the 7by24 Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or other forms of communication. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent. Wayfare generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the 7by24 Website. However, Wayfare and its agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use or is otherwise harmful, objectionable, or inaccurate. Wayfare is not responsible for any failure or delay in removing such content.

 

  1. Personal Data

You hereby agree and confirm that the information that you provide to us under your user agreement shall be true, accurate and complete in all respects. From time to time, Wayfare may request information from you for the purpose of supplying you services. You agree that Wayfare may collect from you and use technical data and related information, including but not limited to, information about your phone, system and application software that is gathered periodically to facilitate the provision of the services and products offered. We may use this information to improve the services and products offered to you, as long as it is in a form that does not personally identify you. We may also share the information which you provide with our affiliates or third parties for general marketing or for general administration purposes. By using any product or service offered on the 7by24 Website you acknowledge that we may use and/or disclose your personal information to select third parties for the purposes of providing and operating such service or product. You should also note that communications with you by Wayfare or its affiliates (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes. We may contact you during and after the term of your user agreement in order to administer, evaluate and maintain any product or service offered on the 7by24 Website. Any personal data collected shall be subject to the terms of Wayfare’s Privacy Policy located at www.7by24mobile.com/privacy.

 

  1. Intellectual Property

The 7by24 Website and the products and services offered on the 7by24 Website contain proprietary and confidential information that is protected by intellectual property laws. Wayfare or its affiliates retain exclusive ownership of the 7by24 Website and the products and services offered therein and all intellectual property and content therein, including without limitation, the 7by24 name and associated logs, and any trademarks, service marks, trade dress, symbols, logos, other identification whether or not registered and anywhere in the world (collectively, the ” Marks“). You have no right in the Marks and you may not use the Marks in any manner without the prior written consent of Wayfare. The Marks may not be used in connection with any product or service that is not Wayfare ‘s or in any manner that is likely to cause confusion among customers. You are not permitted to commercially resell any of the products and services offered on the 7by24 Website or to print, produce, sell or distribute anything containing the Marks. Systematic retrieval of data or other content from the 7by24 Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Wayfare is prohibited. In addition, use of 7by24 Website content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Wayfare reserves all rights.

 

  1. Third Party Websites

The 7by24 Website may produce search results or link you to other websites. These other websites are not the under Wayfare’s control and you acknowledge that neither Wayfare nor its affiliates are not responsible for the copyright compliance, accuracy, legality, decency, or any other aspect of the content of such other sites. These sites may contain information or material that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of the site by Wayfare.

  1. Grant of Limited License by User

By posting or submitting content to the 7by24 Website, you (a) grant Wayfare and its affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, websites and for any purpose and (b) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by 7by24 will not infringe or violate the rights of any third party.

 

  1. Copyright Notice

All contents of the 7by24 Website are Copyright ©2014, Wayfare Mobile LLC. All rights reserved.

 

  1. Termination of Access

Wayfare reserves the right to terminate a person’s access at its sole discretion to all or part of the 7by24 Website, with or without notice.

Copyright © 2015 Wayfare Mobile LLC. All rights reserved.