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1. Xpress Marketing (also known as Xpress Marketing Cell Phone
Freedom) is not responsible for any losses/damages as a result of
changing call-back or call-thru plan rates due to service provider
changes. Xpress Marketing Cell Phone Freedom does not represent or
warrant that the services of its products or services will be
uninterrupted or error-free. Xpress Marketing Cell Phone Freedom
will not be responsible to the Purchaser for any losses/damages,
including consequential losses and damages howsoever caused. Xpress
Marketing Cell Phone Freedom's liability shall be expressly limited
to a refund of the unused product or services.
2. During the purchase of products or services of Xpress Marketing
Cell Phone Freedom, the Purchaser must complete the registration
process by providing current, complete and accurate information as
required in the Registration Form in order to avoid problem of
credit card abuse and fraudulent activities. Furthermore, the
Purchaser is entirely responsible for any and all activities that
occur under the purchased product or service.
3. It is Xpress Marketing Cell Phone Freedom's policy to respect the
privacy of the Purchaser. Please see our Privacy Policy for further
information located in Xpress Checkout Store.
4. As a condition of your use of Xpress Marketing Cell Phone
Freedom's products or services, the Purchaser will not use the
products or services for any purpose that is unlawful or prohibited
by these terms and conditions. The products or services are provided
for personal use only. Any unauthorized commercial use of the
products or services, or the resale of the products or services, is
expressly prohibited. The Purchaser also agrees to abide by all
applicable local, provincial, federal, state, national and
international laws and regulations and is solely responsible for all
acts or omissions that occur under your account or password,
including the content of your transmissions through the products or
services used.
5. The information and services included in or available through the
products or services provided may include inaccuracies or
typographical errors. Changes are periodically made to the product
or services, these terms and conditions or the products and services
themselves. The Purchaser agrees to be bound to such changes to the
information herein.
6. You specifically agree that Xpress Marketing Cell Phone Freedom
may access your user account where necessary.
7. Xpress Marketing Cell Phone
Freedom Calling Plans are intended for your personal or business use. Xpress Marketing Cell Phone Freedom
call-back or call-thru Plan users pay per minute charges for long distance calls when
making calls using local access numbers, or when calling from within
their local calling area. Reselling communications is prohibited.
7A. Xpress Marketing Cell Phone Freedom may terminate your access to
any part or all of the products or services and any related
service(s) at any time, if Xpress Marketing Cell Phone Freedom
decides in its sole and absolute discretion for any reason
whatsoever to do so. Xpress Marketing Cell Phone Freedom's total and
absolute liability to the Purchaser will be to refund the unused
cost of the products or services less any claim for set-off Xpress
Marketing Cell Phone Freedom may have against the Purchaser.
8. The Purchaser acknowledges that content, including but not
limited to text, software, music, sound, photographs, video,
graphics or other material contained in either sponsor
advertisements or electronically distributed, commercially produced
information relating to the products or services is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content available
through the products or services.
9. Xpress Marketing Cell Phone Freedom reserves the right to change
or amend the Term and Conditions or policies regarding the use of
the products or services at any time and to notify you by posting an
updated version of the Term and Conditions on this Web site. The
amended Terms and Conditions shall be effective immediately upon
posting.
10. Xpress Marketing Cell Phone Freedom accepts major credit cards
including, Visa and MasterCard. There is no surcharge for using your
credit card to make purchases with Xpress Marketing Cell Phone
Freedom. Please be sure to provide the exact e-mail address,
telephone number and the billing address your credit card bank has
on file for you. Incorrect information may cause a delay in
processing your order. All orders placed over $100.00 must obtain
pre-approval with an acceptable method of payment, as established by
Xpress Marketing Cell Phone Freedom. Xpress Marketing Cell Phone
Freedom accepts money orders, cashier's checks, personal checks, and
company checks. Orders are processed upon receipt of a money order
or cashier's check. For personal and company checks, please allow up
to 10 banking days after receipt for clearance of funds before the
order is processed. We will charge a $35cdn fee on all returned
checks.
11. The shipping terms for all orders are FOB the shipping point and
ownership of product transfers to purchaser only upon delivery.
12. Your receipt of an electronic or other form of order
confirmation does not signify Xpress Marketing Cell Phone Freedom's
acceptance of your order, nor does it constitute confirmation of our
offer to sell. Xpress Marketing Cell Phone Freedom reserves the
right at any time after receipt of your order to accept or decline
your order for any reason whatsoever, with no liability whatsoever.
13. This agreement is governed by the laws of the Province of
Ontario and Canada. Any and all claims for losses or damages must be
brought in the Province of Ontario and in no other jurisdiction.
14. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Xpress Marketing Cell
Phone Freedom as a result of this agreement or use of the products
or services.
15. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect.
16. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Xpress Marketing with
respect to the products or services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Xpress Marketing Cell Phone
Freedom.
17. A printed version of this agreement as amended shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally
generated and maintained in printed form.
18. You and Xpress Marketing agree that any cause of action arising
out of or related to the products or services must commence within
ninety (90) days after the cause of action arose or be forever barred.
19. You agree that you shall indemnify and defend Xpress Marketing
Cell Phone Freedom and its affiliates, directors, officers, and
employees against all claims, liability, damages, costs, and
expenses, including reasonable legal fees, arising out of or related
to your breach of these Terms and Conditions.
20. This website and the products and services provided by Xpress
Marketing Cell Phone Freedom, are provided "AS IS" without warranty
of any kind, either express or implied, including but not limited to
warranties or merchantability, fitness for a particular purpose, or
non-infringement. |