Terms and Conditions

SUBJECT TO CHANGE AT ANY TIME AT THE SOLE DISCRETION OF 800PHONEUSA

SERVICE AGREEMENT

800PhoneUSA CALLS (“800PhoneUSA Calls”) are governed by terms (a) located within the following Service Agreement, (b) published by 800PHONEUSA ("800PHONEUSA") in any other current 800PhoneUSA materials or in other publications (e.g., General Service Agreement for Residential Customers); and (c) published in any applicable state tariff (collectively, the “Terms”). The Terms may be updated from time to time. For purposes of the Terms, “you” means the customer who places an operator-assisted collect call via dialing 800PhoneUSA.

By placing an 800PhoneUSA call, you accept the Terms as they may be updated from time to time.

To place any 800PhoneUSA call, you dial the International access code then 800PhoneUSA and request the live operator or the automated operator system to connect you to a telephone number that you provide. If your call is accepted by the called station, then the call is completed and billed to the called number.

800PhoneUSA calls from outside the U.S. to U.S. locations: You may place an operator assisted collect call via dialing 800PhoneUSA from any phone in Australia, Denmark, France, Germany, Hong Kong, Japan, South Korea, Netherlands, New Zealand, Norway, Switzerland and the United Kingdom to any location in
the U.S. mainland, Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands.

Rates for international calls vary. For the specific rates applicable, please call 800PhoneUSA and ask for a rate specialist or visit 800PhoneUSA.com/rates.htm.

Completed calls will be rounded to the next higher full minute. If the computed charge for a call includes a fraction of a cent, 800PHONEUSA rounds the price of the call down to the nearest whole cent. All rates provided are in United States Dollars.

800PHONEUSA may deny or limit use of the 800PhoneUSA service for any lawful reason. 800PHONEUSA reserves the right to block, without notice (consistent with governing laws and regulations), call traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges, individual telephone stations, groups, or ranges of individual telephone stations, or calls using certain authorization codes, whenever 800PHONEUSA deems it necessary to take such action to prevent (1) the unlawful use of service; (2) nonpayment for service; (3) the use of service in violation of the Terms; or (4) network blockage or the degradation of service furnished to you or other customers. 800PHONEUSA will provide subsequent voice notification of such blocking or termination. 800PHONEUSA will unblock as soon as it determines it can do so without undue risk.

800PHONEUSA and its distributors and agents will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, terrorist acts, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.

800PHONEUSA makes no express or implied representations or warranties about its services and disclaims any implied warranties, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. 800PHONEUSA does not authorize anyone to make a warranty on 800PHONEUSA’s behalf and you may not rely on any statement of warranty as a warranty by 800PHONEUSA.

You will indemnify, defend, and hold harmless 800PHONEUSA and its distributors and agents against all claims of loss or damage arising from use of the 800PhoneUSA service by you or others authorized by you, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Card, and (b) all other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the 800PhoneUSA service.

800PHONEUSA will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in 800PHONEUSA offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with 800PHONEUSA services.

In no event will 800PHONEUSA be liable for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, including lost profits.

With regard to any allegation, claim, or dispute related to use of 800PhoneUSA service, including, but not limited to, claims for credits for interruptions, the liability of 800PHONEUSA will be limited as stated in the General Service Agreement for Residential Customers, a copy of which may be found at: http://www.800PhoneUSA.com/service/

This section provides for resolution of most disputes through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. All disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted either to the American Arbitration Association (“AAA”) or to JAMS (“JAMS”), for final and binding arbitration.                   

The Terms are binding upon you and 800PHONEUSA and upon, respectively, your and 800PHONEUSA’s agents and heirs. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Terms.

The Terms are governed by and construed under the laws of the State of Arizona and applicable federal law, without regard to choice of law principles.