By clicking on the Submit button, you agree to the terms of service and to have your credit card charged the amount shown above. You will be bound to the following for the terms of the agreement:
1. the RescueVoice Terms of Service, including the binding arbitration clause;
3. the RescueVoice Web Site Terms and Conditions; and
4. the terms and conditions and other information regarding RescueVoice Rate Plan provided in this contract.
SECTION 1 - TERMS OF SERVICES AND ACCOUNT ACTIVATION
"RescueVoice" or "we," "us," or "our" refers to RescueVoice, LLC. "You" or "your" refers to the person or entity that is the customer of record. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. This Agreement requires the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute.
To activate your RescueVoice service you must first activate your RescueVoice account assigned to you. You must go to rescuevoice.com web site to activate your RescueVoice account. Please follow the instructions provided.
SECTION 2 - CHARGES AND DISPUTES
You are responsible for paying all charges for or resulting from services provided under this Agreement. If you have a recurring monthly billing cycle User account, you will receive monthly bills that are due in full as shown thereon. If you have an annual billing cycle User account, you will receive notice of renewal thirty (30) days before your renewal date to confirm your Plan Terms and current credit card information on our RescueVoice web site. You will receive an electronic receipt within five (5) business days of your automatic renewal payment. YOU MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF YOUR BILL, NOTIFY US IN WRITING AT RESCUEVOICE, LLC, SUITE 2, 1420 NW GILMAN BLVD #2653, ISSAQUAH WA 98027 OF ANY DISPUTE YOU HAVE WITH RESPECT TO THE BILL, INCLUDING ANY CHARGES ON THE BILL AND ANY SERVICE WE PROVIDED FOR WHICH YOU WERE BILLED, OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICES AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING ANY SUCH DISPUTE. Charges include, without limitation, usage minutes, recording minutes, recurring monthly service, administrative and late payment charges, other surcharges; restoral and reactivation charges, any other charges billed to your services; an applicable taxes and governmental fee, whether assessed directly upon you or upon RescueVoice.
SECTION 3 - PLAN TERMS
The current account charges (subject to change) are as follows:
1. Single Yearly Account of $59.95 USD plus applicable sales tax with basic service of 1000 minutes of annual billing cycle voice recording and retrieved usage;
2. Single Monthly Account of $7.95 USD plus applicable sales tax with basic service of 100 minutes of monthly billing cycle voice recording and retrieved usage;
3. If the yearly account basic minutes usage exceeds 1000 per annual billing cycle, the account will be charged ten cents (.10) per minute plus applicable sales tax thereafter. If the monthly basic account minutes usage exceeds 100 per monthly billing cycle, the account will be charged ten cents (.10) per minute plus applicable sales tax thereafter.
4. Alternatively, Account User may purchase additional supplemental minutes in two hundred fifty (250) minute blocks at $12.50 (five cents (.05) per minute) plus applicable tax.
SECTION 4 - BILLING AND PAYMENT
Except as provided below, service and certain other charges are billed as provided in Section 3, in advance, and there is no proration of such charges if service is terminated on other than the last day of your billing cycle. You agree to pay for voice or data recording and retrieval usage time and data services sent to and from you. VOICE OR DATA RECORDING AND RETRIEVAL USAGE TIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME") IS BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL TIME AND USAGE ARE ROUNDED UP OT THE NEXT FULL MINUTE OF TIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF TIME USED ON RECORDING CALL. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE CHARGEABLE TIME. Your basic plan includes 1000 minutes of predetermined annual allotment of recording and retrieval time, unless otherwise specifically provided as a part of such plan; any unused allotment of recording and retrieval time from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, of for detailed information about you usage of services. Chargeable Time begins for calls when you begin recording and retrieving on our service. Chargeable Time ends after you end recording of your message, but not until your telephone's signal of call disconnect is receive by our facilities and the call disconnect signal has been confirmed. You also remain responsible for paying your service charge if your service is suspended for nonpayment. We may requirement by money order, cashier's check or a similarly secure form of payment at our discretion.
SECTION 5 - PAYMENT INSTRUMENTS
1. Credit Cards Online. Purchase RescueVoice products or services on our web site, then Customer will pay using a Visa or MasterCard credit card or a RescueVoice gift card. The Customer will receive an electronic receipt via the card processing system when the account is activated at rescuevoice.com.
2. Credit Cards In Person. Purchase RescueVoice products or services in person, the Customer can pay suing a Visa or MasterCard credit card or a RescueVoice gift card. The Customer will receive a receipt at the time of purchase from the RescueVoice Representative and an electronic receipt when the account is activated at rescuevoice.com.
3. Cashier's Check and Money Order. Purchase RescueVoice products or services can be paid for with a cashier's check or money order. The Customer will receive an electronic receipt at the registered email address when the account is activated at rescuevoice.com.
4. Cashier's Check, Money Order and Cash In Person. Purchase RescueVoice products or services in person, the Customer can pay using a cashier's check, money order or cash. The Customer will receive a receipt at the time of purchase from the RescueVoice Representative and an electronic receipt when the account is activated at rescuevoice.com.
SECTION 6 - DISHONORED CHECKS AND OTHER INSTRUMENTS
We will charge you $30 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of thirty-three percent (33%) of the debt, and all costs and expenses, including reasonable attorneys' fees, we incur in such collection efforts.
SECTION 7 - SERVICE LIMITATIONS; LIMITATION OF LIABILITY
Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment, modifications, and repairs, and problems with the facilities of interconnecting carriers. We may, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE. RESCUEVOICE MAKES NO WARRANTY, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOOD, AND IN NO EVENT SHALL RESCUEVOICE BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the service provided by or through us; (c) damage or injury caused by the use of our products and services; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of service by RescueVoice; or (f) damage or injury caused by failure or delay in connecting to our service or any other emergency service. Notwithstanding the foregoing, if your service is interrupted for twenty-four (24) or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service charge for the time period your service was unavailable, not to exceed the monthly service charge or one-twelfth (1/12) of your annual service charge, whichever is less. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from contracting to so limit liability, and provided such law does not discriminate against arbitration clauses, RescueVoice shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or Equipment provided by or through RescueVoice, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold RescueVoice and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by RescueVoice or any person's use thereof, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF RESCUEVOICE, or any violation by you of this Agreement. This obligation shall survive termination of your service with RESCUEVOICE. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
SECTION 8 - ACCOUNT ACCESS
You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
SECTION 9 - CUSTOMER ACCOUNT USE
Each RescueVoice customer account is designed for use by a sole user. Multiple users are prohibited from using one (1) RescueVoice account. Multiple users on a single account could cause confusion when the account is accessed by rescue responders in an emergency situation. RescueVoice, as set forth in Section 3, provides a plan to include Secondary Account(s) under the Primary Account.
SECTION 10 - DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary: Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department (toll free) at 866 922-6569. In the unlikely event that RescueVoice customer service department is unable to resolve a complaint you may have to your satisfaction (or if RescueVoice has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than court, and is subject to very limited review by courts. Arbitrators can award the damages and relief that court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Each party shall pay its own costs of arbitration, no matter who wins. Moreover, in arbitration you are entitled to recover attorneys' fees from RescueVoice to at least the same extent as you would be in court.
SECTION 10 - DISPUTE RESOLUTION BY BINDING ARBITRATION
(1) RescueVoice and you agree to arbitrate all disputes and claims between us. 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, misrepresentation or any other legal theory; (b) clams that arose before this or any prior Agreement (including but not limited 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 this Agreement.
References to "RescueVoice," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. You agree that, by entering into this Agreement, you and RescueVoice are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to RescueVoice should be addressed to Stafford Frey Cooper, P.C., and Attn: Jeffrey M. Grieff, Esq., 520 Pike Street, Suite 1440, Seattle, Washington 98101 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If RescueVoice and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or may commence a JAMS arbitration proceeding. During the arbitration, the amount of any settlement offer made by RescueVoice or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RescueVoice is entitled.
(3) If you can provide good cause and you are unable to pay the JAMS Arbitration fee, RescueVoice will pay it directly upon receiving a written request at the Notice Address. The arbitration will be governed by the Dispute Resolution Procedures and the Supplementary Procedures (collectively, "JAMS Rules"), as modified by this Agreement, and will be administered by JAMS. Jurisdiction and venue for the arbitration filing and hearing will be Seattle, King County State of Washington. The JAMS Rules are available online at www.jamsadr.com by calling the JAMS at 206 622-5267, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at the web site listed previously.) All issues are for the arbitrator to decide, including the scope of this arbitration provision, but the arbitrator is bound by the terms of this Agreement. Unless RescueVoice and you agree otherwise, any arbitration hearings will take place in Seattle, King County, Washington. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by in-person hearing as established by the JAMS Rules. If you claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you shall reimburse all of RescueVoice's attorneys' fees and costs and the cost of JAMS arbitration.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of attorneys' fees and expenses at any time during the proceeding and upon request form either party made within fourteen (14) days of the arbitrator's ruling on the merits.
(4) The arbitrator may award 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 RESCUEVOICE 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 RescueVoice 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 the entirety of this arbitration provision shall be null and void.
SECTION 12 - MISCELLANEOUS PROVISIONS
Authority. The parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons executing this Agreement in representative capacities represent and warrant that they have full power and authority to bind their respective corporations, partnerships and/or marital communities.
Governing Law. This Agreement shall be interpreted and enforced according to the internal laws of the State of Washington without giving effect to principles of conflicts of law.
Consent to Jurisdiction and Venue. All parties shall submit and not object to jurisdiction and venue in King County Superior Court, State of Washington in connection with any claims arising out of this Agreement.
Consent to Jurisdiction and Venue. All parties shall submit and not object to jurisdiction and venue in King County Superior Court, State of Washington in connection with any claims arising out of this Agreement.
Binding Effect. This Agreement, including the documents executed pursuant to the Exhibits hereto, shall bind and inure to the benefit of the parties hereto and their respective heirs, legatees, representatives, receivers, trustees, successors, transferees and assigns.
Attorneys Fees. Should it be necessary for any party to this Agreement to initiate arbitration proceeding or legal proceedings to adjudicate the dispute hereunder or under any other RescueVoice contract or agreement, the party or parties to such legal proceedings who substantially prevail shall be entitled to reimbursement of their attorneys= fees, costs, expenses and disbursements (including the fees and expenses of expert and fact witnesses) reasonably incurred or made by the substantially prevailing parties in preparing to bring suit or arbitration, during suit or arbitration, on appeal, on petition for review, and in enforcing any judgment or award, from the party or parties who do not substantially prevail.
Severability. Any provision of this Agreement which is found to be invalid or in violation of any statute, rule, regulation or law shall be considered null and void, with the remaining provisions remaining viable and in effect.
Headings Not Controlling. The paragraph headings included herein are for reference only and are not a part of this Agreement. The headings shall not control or alter the meaning of this Agreement as set forth in the text.
Construction. Whenever the singular number issued in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
Waiver. A waiver of any provision of this Agreement shall operate as a waiver only for the specific occasion as to which the waiver is given, and the provisions of this Agreement shall otherwise continue to be fully effective and operable as to any other occasion or occasions.
Time of the Essence. Time is of the essence with regard to this Agreement.
Integration. This Agreement constitutes the entire agreement of the Parties on all subjects. This Agreement may not be modified, interpreted, amended, waived or revoked orally, but only in writing signed by all Parties. This Agreement supersedes and replaces all prior agreements, discussions and representations on all subjects, all of which are merged into, and superseded by, this Agreement.
Non-Reliance. No Party is entering into this Agreement in reliance on any oral or written promises, inducements, representations, understandings, interpretations or agreements, other than those contained in this Agreement and the Attachments hereto (a) no promise or inducement for this Agreement has been made to Sales Representative except as set forth herein, (b) this Agreement is executed by the Sales Representative freely and voluntarily, and without reliance on any statement or representation by RescueVoice, any of the affiliates or any of RescueVoice's attorneys or agents except as set forth herein, (c) Sales Representative has read and fully understands this Agreement and the meaning of its provisions, (d) Sales Representative is legally competent to enter into this Agreement and to accept full responsibility therefore, and (e) Sales Representative has been advised to consult with counsel before entering into this Agreement and has had to opportunity to do so.
Full Understanding. The parties each acknowledge, represent and agree that they have read this Agreement; that they fully understand the terms thereof.
We collected different types of personal and other information based on your use of our products and services and out business relationship with you. Some examples include:
Contact Information that allows us to communicate with you â€" including your name, address, telephone number and e-mail address; Billing Information related to your financial relationship with use â€" including your payment data, credit history, credit card number, security codes, and service history; and Service usage, Performance, RescueVoice Web Site Usage, Viewing and other Technical Information about your use of our services, products or Web sites.
We collect information in three (3) primary ways:
You give it to us when you purchase or interact with us, including but not limited to trade shows, fairs and through an authorized Sales Representative, about a product or service we offer or provide; We collect it automatically when you visit our Web sites or use our products and services; and We obtain it from other sources, such as from credit agencies.
We use the information we collect in a variety of ways, including to:
Provide you with the best customer experience possible; To initiate, provide and manage the services you purchase, and to respond to your questions or problems; Communicate with you regarding service updates, offers and promotions; Address network integrity and security issues; To develop, market, sell, bill and collect for our products and services; To deliver customized content, more relevant advertising and personalized offers for RescueVoice and Non RescueVoice products and services that may be of interest to you based on information we have collected - - including the preferences you have expressed or interests you have demonstrated on our Web sites and through use of our products and services; To conduct research and analysis directed toward maintaining, protecting and improving our network and the services we provide; To address network integrity, quality control, capacity, misuse, viruses, and security issues, as well as for network planning, engineering and technical troubleshooting purposes; and To investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service and other service conditions or restrictions.
Our Web sites are not designed to attract children under the age of 13.
We do not knowingly collect personally identifying information from anyone under the age of 13 unless we first obtain permission from that child's parent or legal guardian.
We protect your Personal Information in a variety of ways:
We do not sell your Personal Information to anyone for any purpose. Period. We maintain information about you in our business records while you are a customer, or until it is no longer needed for business, tax or legal purposes. We have implemented encryption or other appropriate security controls to protect Personal Information when stored or transmitted by RescueVoice. You can review and correct your Personal Information collected by us. We will provide you with notice of changes to this Policy.
We may provide Personal Information to non-RescueVoice companies or other third parties (for example, to government agencies, credit bureaus and collection agencies) without your consent for certain purposes, such as:
To comply with court orders, subpoenas, lawful discovery requests and other legal or regulatory requirements and to enforce our legal rights or defend against legal claims; To obtain payment for RescueVoice products and services, including the transfer or sale of delinquent accounts to third parties for collection; To enforce our agreement and protect our rights or property;
We maintain information about you in our business records while you are a Customer. Once you are no longer a Customer, we maintain Personal Information only until it is no longer needed for business, tax or legal purposes. Accordingly to our internal policies, your Personal Information is destroyed to make it unreadable or undecipherable according to our internal policies and procedures when it no longer is needed to satisfy these purposes
We Have Instituted Safeguards To Secure Your Personal Information:
We have established electronic and administrative safeguards designed to secure the information we collect, to prevent unauthorized access to or disclosure of that information and to ensure it is used appropriately. Some examples of those safeguards include:
WAll RescueVoice employees are subject to the RescueVoice Code of Business Conduct. The RescueVoice Code requires all employees to follow the laws, rules, regulations, court and/or commission orders that apply to our business â€" including specifically, the legal requirements and company policies related to the privacy of communications and the security and privacy of Customer records. Employees who fail to meet the standards embodied in the Code of Business Conduct are subject to disciplinary action, up to and including dismissal; and We have implemented technology and security features and strict policy guidelines to safeguard the privacy of your Personal Information. For example: We maintain and protect the security of computer storage and network equipment, and our security procedures require user names and passwords to access sensitive data; We have implemented encryption or other appropriate security controls to protect Personal information when stored or transmitted by RescueVoice We limit access to Personal Information to those employees, contractors and agent who need to access to such information to operate, develop, or improve our services and products; and We require caller/online authentication before providing Account Information so that only you or someone who knows your Account Information will be able to access or change the information. Although we strive to keep your Personal Information secure, no security measures are absolute, and we cannot guarantee that your Personal Information will never be disclosed in a manner inconsistent with this Policy (for example, as the result of unauthorized acts by third parties that violate the law or this Policy). We will contact and notify you if we determine that RescueVoice has experienced a security breach and there is a reasonably likely risk of identity theft, or where otherwise required by law.
Your California Privacy Rights
As used in this Policy, the terms listed below have the following meanings:
A "Customer" is anyone who purchases RescueVoice products or services. When a Customer purchases retail products or services for use by others (for example, when a Customer purchase services for use by family members), those individuals also may be considered customers for purposes of this Policy.
A "User" is anyone who visits our Web sites.
"Personal Information" is information that directly identifies or reasonably can be used to identify an individual Customer or User. Examples include name, address, telephone number, email address, Social Security Number, and financial account number.
What can I do to protect my passwords and Account Information?
When selecting User names and passwords for RescueVoice accounts, you should choose words or characters that are not obvious. Likewise, you should always keep Personal Information such as account numbers, Usernames, passwords or similar information in a secure place and not share the information with others.
We May Transfer Your Personal Information As Part Of A Change In Control:
Information about our Customers and Users, Including Personal Information, may be transferred as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which Customer and User records would be transferred to another entity as a result of such a proceeding.
How To Contact Us About This Policy
We are happy to address any questions or concerns you may have about our privacy practices and policies. You may e-mail us at email@example.com or write to us at RescueVoice, LLC, Suite 2, 1420 NW Gilman Blvd #2653, Issaquah WA 98027. If you believe you have aggrieved by any act of ours in violation of the law, we encourage you to contact us directly at either of these addresses to resolve your question or issue.