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ACCEPTANCE OF TERMS |
In these terms of service, we refer to the 411Plus Enhanced Directory Assistance service as "411Plus." We (that is 411Plus, Inc.) will provide 411Plus services to you, but you must comply with the following terms and conditions - which will be called the "Service Agreement." Your use of 411Plus will confirm your agreement to these terms and conditions.Consequently, please read this service agreement carefully before using 411Plus.By accessing or using 411Plus, you agree to be bound by these terms and conditions.If you do not wish to be bound by these terms and conditions, you may not access or use 411Plus.
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USE OF 411Plus |
In order to access and use Easy 411, you must call from a registered phone number.We must be able to recognize your phone number via Caller ID.Our service is offered at per minute basis.First minute will cost $0.25 and following minutes are billed in six second increment.
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CHARGES |
You agree to pay $0.25 per minute for the call to the 411Plus service.This amount will be deducted from your prepaid deposit amount.
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DISCLAIMER AND LIMITATION OF LIABILITY |
We use databases and informational sites from various sources.Although we try to obtain information from reliable sources, there is always a possibility of human error since we provide information through live agents We cannot, and do not, assume any liability for the correctness or comprehensiveness of information provided in response to a directory assistance or enhanced directory assistance inquiry.WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.In no event shall we be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature.Our entire liability in regard to any directory assistance or enhanced directory assistance information inquiry or request shall be limited to the amount actually received by us on account of such inquiry, if any. |
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TERMINATION |
We reserve the right to terminate any user's access to 411Plus in our sole discretion, for any reason, including, but not limited to, failure to abide by these Terms and Conditions.
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DISPUTE RESOLUTION |
Any cause of action or claim you may have with respect to Easy 411 must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ILLINOIS, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.The arbitrator shall determine the arbitrability of Disputes.In arbitrating Disputes, the arbitrator shall apply and give effect to the terms of this Service Agreement and the laws of the State of Illinois.Each party shall bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party.Any award of the arbitrator shall be in writing and shall state the reasons for the award.Judgment upon an award may be entered in any court having competent jurisdiction.The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing.The Federal Arbitration Act, 9 U.S.C.Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph.The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award.
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MISCELLANEOUS |
This Agreement shall all be governed and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be performed in Illinois.411Plus is controlled and operated in the State of Illinois Our failure to insist upon or enforce strict performance of any provision of this Service Agreement shall not be construed as a waiver of any provision or right.Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Service Agreement.We may assign our rights and duties under this Service Agreement to any party at any time without notice to you.The section titles in this Service Agreement are for convenience only and have no legal or contractual effect.
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CHANGES |
We may update or modify this Service Agreement from time to time without notice to you, except that you can review the most current version of this Service Agreement on the website at any time.You need to check the Service Agreement at this site regularly to stay up to date.Any modifications to this service agreement shall be effective immediately upon your next use of 411Plus after the posting of the modified service agreement.You agree to review this service agreement periodically to be aware of such modifications.Your continued access or use of 411Plus shall be deemed your conclusive acceptance of the modified service agreement.
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