THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE BETAVIEW WEBSITE
This site, www.betaviewtech.com, makes available for your use, documents, software and products (collectively "Materials") and various services offered by Betaview subject to the terms and conditions set forth in this document ("Terms of Service"). By accessing or using the Betaview Site, or any of the products or services (collectively called the "Services") available on the Betaview Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with the Betaview Site or Service, or as may be modified by Betaview from time to time in its sole discretion (collectively the "Terms and Conditions"). If at any time you choose not to accept or wish to be bound by these terms and conditions, please do not use this Site or any of the Services on the Betaview Site. By using this site, you are agreeing to be bound by these Terms and Conditions.
Betaview may modify the Materials, Services and Terms of Service at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
These Terms of Service constitute the agreement ("Agreement") between Betaview ("we," "us" or "Betaview") and the user ("you", "user", "customer") of Betaview's Calling Cards, Apps, residential and small business communications services and any related products or services ("Service"). This Agreement governs both the Service and any products (Betaview Phone Cards, Apps), and devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service.
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- SERVICE TERMS
Service is offered on a prepaid basis for all Betaview Telecommunications Services. All monthly subscription accounts will expire 30 days from the date of first use of the product or service or your last recharge of such account, whichever is later or unless advised otherwise. All Subsequent subscriptions automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to disconnect Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month's charges in the event that you do not provide the requisite ten-day notice of disconnection prior to the expiration of the then-current term. Expiration of the term of Service or service disconnection will not excuse you from paying all accrued and unpaid charges due under this Agreement. Notwithstanding the foregoing, if you disconnect Betaview service after the Money Back Guarantee period, Betaview will charge a disconnection fee of $20 per account.
- Residential Use of Service and Device
If you subscribe to Betaview's residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialling, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
- Small Business Use of Service and Device
If you subscribe to Betaview's Small Business services, the Service and Device are provided to you as a small business user. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialling, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that you have at any time used the Service or the Device for any of the aforementioned or similar activities.
- PROHIBITED USES OF WEBSITE
You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately disconnect your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device for an unlawful purpose. In the event of such disconnection you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon Service disconnection. If we believe that you have used the Service or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Betaview will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
- Inappropriate Conduct
you shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately disconnect your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Device in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will become immediately due and payable upon Service disconnection. If we believe that you have used the Service or the Device in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Betaview will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
- Network Security
Betaview Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Betaview is not liable for any lack of privacy, which may be experienced with regard to the Service.
- Personal Information
To the extent that personal information is provided by the customer in connection with this Agreement, the customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use and collection by, and disclosure to, Betaview, assignees of Betaview, and their respective affiliates, agents and contractors for the following purposes:
- providing products and services to the customer,
- contract management and administration,
- establishing a customer relationship and communicating with customers,
- developing, implementing and managing products and services for customers,
- assisting in law enforcement purposes and collecting unpaid debts,
- providing information to the customer on other products and services which may be available; and
- otherwise as required or permitted by law. The customer may withdraw his or her consent in respect of clause
- above, without affecting his or her other arrangements with Betaview, by notifying Betaview's Privacy Officer by writing to email@example.com. Further information on Betaview's privacy policies, as well as access to any such personal information for purposes of review, correction and updating, may also be obtained by writing to the Privacy Officer. Please note that "personal information" does not include the name, address and telephone number of a subscriber that appears in a publicly available telephone directory.
- COPYRIGHT, TRADEMARK
Betaviewtech.com, our logos, product, brand, company names and service names are trademarks or service marks of Betaview. (“Site Marks”). You agree not to display or use in any manner the Site Marks without prior written permission and consent of the owner of the trademark.
The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
- USE BY MINOR
This Site is not intended for use by persons under the age of 18. If you are under 18, do not use this Site. If parents believe their minor children have accessed this Site and provided us their personally identifiable information, please contact Betaview immediately at: firstname.lastname@example.org.
In cases where you have authorized a minor to use the Betaview Site or any of the Services, you recognize that you are fully responsible for:
- the online conduct of such minor;
- controlling the minor's access to and use of the Betaview Site or any of the Services; and
- the consequences of any misuse by the minor. You acknowledge that some of the areas of the Betaview Site may contain trading or auction material that is inappropriate for minors.
Betaview has zero tolerance for Spam. Spam includes but not limited to broadcast emailing, voice telemarketing, faxing, etc. Any Spam complaint will be dealt with seriously and can result in the termination of your Betaview’s Services and/or access to Betaview’s Services.
- UNAUTHORIZED USAGE OF DEVICE; FIRMWARE OR SOFTWARE
For residential and business plan customers only, you have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. For residential and business plan customers only, you expressly agree that the Device is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface device that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
- TAMPERING WITH THE DEVICE OR SERVICE
You shall not change the electronic serial number or equipment identifier of the Device or perform a factory reset of the Device without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Device. In the event of such disconnection, you will remain responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
- THEFT OF SERVICE
You shall notify us immediately, in writing or by phone using our customer care telephone number, if the Device is stolen or if you become aware at any time that your Device is stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using the Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service.
NOTE: Phone cards are excluded. Users are fully responsible for stolen phone cards.
- REFUNDS AND RETURN POLICY
- Return of Phone Cards (Applies to Betaview Phone Card customers only)
All e-phone cards purchased from this Site are final. There is no refund and/ or return on any Phone card product or service purchased from our website, and this includes all misplaced phone cards.
However, if the Phone card has a PIN defect or an e-phone card print damage, please contact Betaview customer care at: email@example.com or 1-800-992-8518 to obtain a re-issue or a new allocation of a PIN number.
- Return of Device (Applies to Residential and Non-Residential Plan customers only)
Residential Customers: A Residential customer may only return a Device to the retail store, dealer or the other provider from which the Residential customer purchased the Device. All returns will be subject to the return policy of such retail store, dealer or provider. We will not accept any Device returned to us from a Residential Customer.
Non-Residential customers: Non-Residential customers may return a device to us and receive a full refund if the service was cancelled within the first thirty (30) days following the activation of the Service; and the device was received by us accompanied by its proof of purchase, original packaging, all parts, accessories, and documentation within (14) days after the date of cancellation.
You must contact Betaview Customer Care at 1-800-992-8518 or firstname.lastname@example.org to advise them if you wish to cancel your service.
If you receive a Device in a carton that is visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. In such event, you must keep the original carton, all packing materials and parts intact in the same condition in which they were received from the carrier and contact our customer care department immediately at email@example.com or 1-800-992-8518.
Prior to returning any Device to us, contact Betaview Customer Care at 1-800-992-8518 or firstname.lastname@example.org to obtain a valid return authorization (RA) number.
You must pay all costs of shipping the Device back to us unless we indicate otherwise.
So long as you purchased online, disconnect within the thirty (30) Day Money Back Guarantee Period and returned your device to Betaview within fourteen (14) days after cancellation, Betaview will issue ONE cancellation fee credit to your account.
Unless advised otherwise by Betaview Customer Care, when returning your Device, you must also include your contact information: your name, address, phone number and Betaview Account Number.
Ship all packages to:
Customer Care Services, Betaview Technology Inc. 11850 FM 1960 Rd W, Houston, TX 77065
- NUMBER TRANSFER UPON SERVICE DISCONNECTION
Upon Service disconnection, we may, in our sole and absolute discretion, subject to applicable law, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:
- Such new service provider is able to accept such number;
- Your account has been properly terminated;
- Your account is completely current, including payment for all charges and applicable disconnection fees; and
- You request the transfer upon disconnecting your account.
- Broadband Telephony Service Distinctions
The Service is not a traditional telecommunications service and we provide it on a best efforts basis. Important distinctions exist between traditional telecommunications services and the Service offering that we provide. The Service is subject to different regulatory treatment than traditional telecommunications services. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
- Ownership and Risk of Loss
You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
- No 0+ or Operator Assisted Calling; May Not Support x11 Calling
The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls or third party billing calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialling such as 9-1-1 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
- No Directory Listing
The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may; however, be listed unless you have specifically notified us otherwise. As a result, someone with your phone number may not be able to utilize a revised directory to look up your address.
- Change of Number
You have no property right in any phone number assigned to or used by you. We shall be entitled to change any such number where we determine, in our sole discretion, that such a change is necessary. We shall give you reasonable advance written notice of such a change, except in cases of emergency, where oral notice shall be given.
- Incompatibility with Other Services
Home Security Systems: The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
Certain Broadband and Cable Modem Services: You acknowledge that the Service presently is not compatible with prior versions of broadband service and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties or conditions regarding the compatibility of the Service with any particular broadband service.
- CHARGES; PAYMENTS; TAXES; DISCONNECTION
When the service is activated, you must provide us with a valid email address and a credit card number from a card issuer that we accept. We reserve the right to stop accepting credit cards from one or more issuers. If your credit card expires, you close your account, your billing address changes, or your credit card is cancelled and replaced on account of loss or theft, you must advise us at once. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears) to your credit card, including but not limited to:
Activation fees; monthly Service fees; international usage charges; advanced feature charges; premium services; add-ons; equipment purchases; taxes; disconnection fees; and shipping and handling charges.
The amount of such fees and charges shall be published on our website and may change from time to time. Notification of monthly invoices will be sent to you via your email address on file with us. We reserve the right to bill at more frequent intervals if the amount you owe to us at any time exceeds $50. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on our website.
The above fees are defined as follows:
Activation Fee - This fee covers charges for setting up your account and activating you on our system.
Monthly Service Fee - This is the basic charge associated with your service. This fee includes the calling charges defined by your plan, the features associated with your plan and basic account services.
Usage Charges - If you exceed the number of calling minutes on your plan, Betaview will bill you for the minutes you use above your allowance. Betaview also bills for calls to directory assistance and other information services.
International Usage Charges - These are the fees associated with calls to locations outside of the US, Canada and Puerto Rico.
Advanced Features, Add-Ons, and Premium Services - Betaview charges additional fees for enhanced features and services such as Virtual Phone Number, ITFS and Soft Phone.
Equipment Purchases - In most instances, you will pay for equipment associated with your Betaview service with your credit card.
Taxes - Betaview is required to bill and collect local, state and federal taxes imposed on Betaview customers by the various taxing authorities. Betaview passes all taxes it collects on to the appropriate taxing authority.
- Billing Disputes
You must notify us in writing within seven days after receiving your credit card statement if you dispute any Betaview charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to: email@example.com or the address below:
Customer Care Services, Betaview Technology Inc. 11850 FM 1960 Rd W, Houston, TX 77065
- CURRENCY OF PAYMENT
The official monetary currency of payment used to make purchase on this website is the US Dollar However, if a dual or multi-currency payment processing gateway is introduced in the future, the applicable international monetary currency will also be used with the US Dollar to buy or pay for any product or service in this website.
- Payment and Collection.
Payment: Betaview charges you in advance for every Service and/or Product. We only accept payment by credit card. Your subscription to the Service authorizes us to charge your credit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit card, whereupon we will charge your credit card for the disconnection fee, if applicable, and any other outstanding charges and disconnect your Service. We may disconnect your Service at any time in our sole and absolute discretion if any charge to your credit card is declined or reversed, your credit card expires and you have not provided us with a valid replacement credit card or in case of any other non-payment of account charges.
If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.
- Disconnection; Discontinuance of Service
We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus the disconnection fee, if applicable, all of which will immediately become due and payable.
You are responsible for all applicable federal, State, county, local or other governmental sales, use, excise, value-added, personal property, public utility, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such certificate.
- Disconnection Fee (Applies only to Residential and Business Plan Customers)
You will be charged a disconnection fee of $20.00 per voice line if your Service is cancelled or disconnected for any reason after the thirty (30) day Money Back Guarantee Period.
- Money Back Guarantee; Limitations and Conditions
Residential and Small Business Customers: We offer a thirty (30) Day Money Back Guarantee from the date of activation of your Service (different periods apply for Retail Customers depending on the applicable offer details contained in the advertising or online content of the retail store or dealer that sold the Residential or Business customer the Equipment). The money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund the activation fee, the monthly charge for the first month of Service, shipping charges and the disconnection fee provided that:
- You have not exceeded 500 minutes of usage;
- You cancel your Service within the applicable period;
- You return the Device to us in original condition, normal wear and tear excluded, within 14 days after the cancellation of your Service;
- The Device is returned in the original packaging with the bar code intact and is accompanied by all components, accessories, parts, manuals, registration cards and other documentation; and
Prior to returning the Device to us, you obtain a valid Return Authorization number from our customer care department, which can be reached at firstname.lastname@example.org or 1-800-992-8518.
Applicable taxes cannot be refunded. You will be responsible for any charges for international usage, payphone calls to Betaview toll free numbers and directory assistance. We reserve the right to terminate or revoke this Money Back Guarantee at any time, without prior notice.
- NO WARRANTIES ON SERVICE
- To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE PROVIDE NO WARRANTY OR CONDITION THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER BETAVIEW NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF BETAVIEW’S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY BETAVIEW OR BETAVIEW’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OR CONDITION OF ANY KIND.
- Device Warranties (Applies only to Residential and Business Plan customers)
- Limited Warranty: Except as set forth herein, if you received the Device new from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties and conditions. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
- No Warranty: If your Device did not include a limited warranty from us at the time of receipt, to the extent permitted by applicable law, you are accepting the Device "as is", and you are not entitled to replacement, repair or refund in the event of any defect.
- Retail Customer Limited Warranty
For Retail Customers only, we will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. A Retail Customer's sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in the Section on Number Transfer on Service Disconnection. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. The Retail Customer limited warranty will also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.
To the extent permitted by applicable law, OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, BETAVIEW MAKE NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY, REASONABLY ACCEPTABLE QUALITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY OR CONDITION THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER'S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY OR CONDITION SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE. DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.
- No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
You will be liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using your Service or Device (each such person, a "User"). You shall ensure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Services and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
- No Waiver of Rights
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- Mandatory Arbitration and No Jury Trial
Except to the extent contrary to applicable law, any dispute or claim between you, any member of your household or any guest or employee of yours and Betaview arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by a USA arbitration organization of our choosing. The arbitration shall take place in Houston, Texas and shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (I) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, TEXAS.
- Governing Law
The Agreement and the relationship between you and Betaview is governed by the laws of the State of Texas and the federal laws of the United States of America applicable therein without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with the Section on Mandatory Arbitration and No Jury Trial of this agreement, you shall submit to the personal and exclusive jurisdiction of the courts located within the State of Texas and waive any objection as to venue or inconvenient forum.
- Entire Agreement
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Betaview and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Betaview and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
- FUTURE CHANGES TO THIS AGREEMENT
We may change the terms and conditions of the Service and this Agreement, as well as amounts charged under this Agreement, from time to time. Notices will be considered given and effective on the date posted on www.betaviewtech.com, or as otherwise may be required by applicable law. Subject to applicable law, such changes will become binding on you on the date they are posted to our website and no further notice by Betaview is required upon your continued use of the Service. The Agreement as and when posted or otherwise amended in accordance with applicable law, supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including, without limitation, any written terms enclosed within the packaging of the Device. If this Agreement is amended and you do not wish to accept the amendment, you may terminate the Agreement as provided under the Section on Service Terms of this agreement.