Terms and Privacy

AMERICANFONE, LLC, FREEDOMSTARR INC., WEBSITE TERMS CONDITIONS, AND PRIVACY POLICY

Please read these policies, terms and conditions carefully before using this website (the "Site"). By using this Site, you indicate your agreement to the terms and conditions set forth below. AMERICANFONE, LLC, has established the following guidelines to ensure an enjoyable shopping experience for all customers, and to identify the benefits of, and conditions to, your use of the Site. If you are not willing to be bound by to these terms and conditions, please do not use this Site.

Additional terms and conditions applicable to specific services purchased via this website are covered separately in the Consumer Disclosure And Terms Of Service document available on this website.

Use of Site

You acknowledge that this Site contains information, communications, software, photos, text, video, graphics, icons, logos, music, sounds, images and other material and services (collectively "Content"), and that such Content is provided by AMERICANFONE, LLC, and/or by licensors of AMERICANFONE, LLC, (The term "AMERICANFONE, LLC," as used herein, includes all subsidiaries and affiliates of AMERICANFONE, LLC,). You agree and acknowledge that, even though AMERICANFONE, LLC, permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these terms and conditions, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

User Conduct

Your use of the Site is subject to applicable local, state, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site (including by use of any merchandise or services offered on or in connection with the Site) any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site.

In addition to AMERICANFONE, LLC's Rights and the rights of its licensors in individual elements of the Content, AMERICANFONE, LLC, owns copyrights in the selection, coordination, arrangement and/or enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the Content, in whole or in part, without the prior written consent of AMERICANFONE, LLC.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER AMERICANFONE, LLC, NOR ANY OF IT'S [ITS] EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. NO LIABILITY SHALL ATTACH TO AMERICANFONE, LLC FOR ERRORS CONTAINED WITHIN THIS WEBSITE INCLUDING ACCIDENTALLY MISQUOTED RATES AND TERMS OF SERVICE.

(B) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. AMERICANFONE, LLC, DOES NOT WARRANT THAT DEFECTS HAVE BEEN CORRECTED OR WILL BE CORRECTED NOR DOES IT MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS IN THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE TOTAL EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE EXCLUSIONS SET FORTH HEREIN SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT AMERICANFONE, LLC, IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(D) IN NO EVENT WILL AMERICANFONE, LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AMERICANFONE, LLC, OR THE AMERICANFONE, LLC, SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER AMERICANFONE, LLC, NOR ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION OR PRODUCT CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER AMERICANFONE, LLC, NOR ITS INFORMATION PROVIDERS OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. YOU EXPRESSLY AGREE THAT AMERICANFONE, LLC, SHALL NOT BE LIABLE FOR ANY DELAYS, MISDELIVERIES OR DAMAGE CAUSED BY, IN WHOLE OR IN PART, THE CONDUCT OF THE U.S. POSTAL SERVICE OR OTHER CARRIER. ADDITIONALLY, IN CONNECTION WITH THE SITE, AMERICANFONE, LLC, WILL PARTNER, OR CREATE STRATEGIC ALLIANCES, WITH THIRD PARTY PROVIDERS WHICH MAY INCLUDE, AMONG OTHER THINGS, MAGAZINE COMPANIES, RETAILERS PROVIDING GIFT CERTIFICATES, AND THE LIKE, AND YOU ACKNOWLEDGE THAT AMERICANFONE, LLC, SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT OR FAILURE OF SUCH THIRD PARTY PROVIDER, NOTWITHSTANDING ITS PACKAGING WITH, OR ASSOCIATION WITH, THE CONTENT OR PRODUCT PROVIDED BY AMERICANFONE, LLC, ON THE SITE.

(F) YOU WARRANT THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO USE THE SITE. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY PURCHASE(S) YOU PLACE ON OR IN CONNECTION WITH THE SITE. THE SITE AND/OR THE CONTENT ON THE SITE MAY NOT BE SUITABLE FOR ALL VISITORS. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS CONCERNING YOUR ACCESS TO AND/OR USE OF SUCH PORTION(S) OF THE SITE AND/OR THE CONTENT, INCLUDING ANY INTERNAL RULES REGARDING YOUR ACCESS TO AND/OR USE OF THE SITE (E.G. ANY APPLICABLE RULES AND OR POLICIES OF YOUR EMPLOYER OR INTERNET SERVICE PROVIDER). YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO, AND BE BOUND BY, THESE TERMS AND CONDITIONS.

(G) THE SITE MAY CONTAIN LINKS TO OTHER SITES ON THE INTERNET THAT ARE OWNED AND OPERATED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT AMERICANFONE, LLC, IS NOT RESPONSIBLE FOR THE OPERATION OF OR CONTENT LOCATED ON OR THROUGH ANY SUCH SITE.

Revisions To Terms; Duty Of User

AMERICANFONE, LLC, reserves the right to change the terms of this agreement at any time by posting the changes online. You are responsible for reviewing information posted online with respect to such changes. Your continued visits, use of the service and/or purchase of merchandise through the Site constitutes your acceptance of these terms, as modified by any posted changes.

Privacy & Security Statement

Subject to applicable state and federal law, AMERICANFONE, LLC, does not sell, loan, rent or otherwise disseminate any identifiable personal information regarding its customers. All information you give to us in connection with an order is held and processed in a secure manner and will not be used in ways to which you have not specifically given consent. AMERICANFONE, LLC, may share summary, non-personal information regarding its customers with partners or third parties. However, absolutely none of this information will contain individual consumer information. We use a standard security system called Secure Sockets Layer (SSL), a common program layer for transmitting payment information between buyer and seller. SSL passes info from the user's web browser to the merchant's web server software within a secure environment. SSL encodes your data and encapsulates it into individual blocks, which guarantees the confidentiality and integrity of the transaction. "Cookies" are small bits of information that are stored on your computer's hard drive by your Internet browser. AMERICANFONE, LLC, uses "cookies" in the following manner. Our cookies do not contain any personally identifiable information about you. They allow us to track your usage of our Site. Such cookies also let us know if you came to AMERICANFONE, LLC, from a banner advertisement or a particular link. Cookies cannot and will not be used by AMERICANFONE, LLC, to retrieve personal information about you, without your consent.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice [without advance notice? Otherwise, how can they be held to know that the agreement has been terminated? See “Upon termination” in next line.] from AMERICANFONE, LLC, if in AMERICANFONE, LLC, 's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise.

Other

In the event any provisions of this Agreement are found to be invalid or unenforceable, that part will be interpreted consistent with the applicable laws noted in this Agreement as nearly as possible to reflect the original intentions of the parties and the remaining provisions will remain valid and in full force and effect. You must still abide by any provisions of the Agreement that are not in violation of such law.

Jurisdiction/Venue

You agree that any legal action brought against AMERICANFONE, LLC, shall be governed by the laws of the State of California without regard to its conflict of the law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Site shall be an appropriate federal or state court located in Los Angeles County, California.

Arbitration & Class Action Law Suits

Any disputes that arise between you and AmericanFone, LLC, shall be exclusively resolved by binding arbitration with an arbitrator chosen by us, such as the American Arbitration Association. The Federal Arbitration Act, not state law, governs the question of whether a claim is subject to arbitration.

The Parties agree that their disputes will be resolved individually and shall not be joined with another lawsuit or arbitration or adjudicated on a consolidated or class basis. The arbitrator(s) may award declaratory relief, preliminary and permanent injunctive relief, and compensatory damages. The Parties further agree to waive, to the fullest extent permitted by law, any claim for incidental, consequential, or punitive damages. To the extent such damages may not be so waived, if an arbitrator decides to award such damages, they shall be limited to the total amount of service charges between the Parties. The arbitrator's decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.

FREEDOMSTARR Customer Proprietary Network Information (CPNI) Policy

The information that we have relating to the (1) quantity, technical configuration, type, destination, location, and amount of Your use of telecommunications service, and (2) information contained on Your invoice concerning the telecommunications services that You receive is subject to additional privacy protections. That information, when matched to your name, address, and telephone number is known as "Customer Proprietary Network Information," CPNI. Examples of CPNI include information typically available from details on a customer's monthly telecommunications bill -- the type of line, technical characteristics, class of service, current telecommunications charges, long distance and local service billing records, directory assistance charges and usage, data and calling patterns. (CPNI does not include Your name, address, and telephone number, because that information is protected by the general privacy policy described above.)

As a subscriber to our telecommunications services, you have the right, and FreedomStarr has a duty, under federal law, to protect the confidentiality of CPNI. FreedomStarr offers many communications-related services, such as, for example, Internet services. From time to time we would like to use the CPNI information we have on file to provide you with information about our communications-related products and services or special promotions. Our use of CPNI may also enhance our ability to offer products and services tailored to your specific needs. We would like Your approval so that we, our agents, affiliates, joint venture partners, and independent contractors may use this CPNI to let You know about communications-related services other than those to which You currently subscribe that we believe may be of interest to You. You do have the right to restrict this use of CPNI. IF WE DO NOT HEAR FROM YOU WITHIN 30 DAYS OF THIS NOTIFICATION, WE WILL ASSUME THAT YOU APPROVE OUR USE OF YOUR CPNI FOR THE PURPOSES OF PROVIDING YOU WITH INFORMATION ABOUT OTHER COMMUNICATIONS-RELATED SERVICES. YOU HAVE THE RIGHT TO DISAPPROVE OUR USE OF YOUR CPNI, AND MAY DENY OR WITHDRAW OUR RIGHT TO USE YOUR CPNI AT ANY TIME BY CALLING THE TELEPHONE NUMBER REFLECTED ON YOUR MONTHLY BILLING STATEMENT. (We will also honor any restrictions applied by state law, to the extent applicable.)

FreedomStarr also offers various other services that are not related to the communications services to which you subscribe. Under CPNI rules, some of those services, such as FreedomStarr video services, are considered to be non-communications related services. Occasionally, You may be asked during a telephone call with one of our representatives for Your oral consent to FreedomStarr's use of Your CPNI for the purpose of providing You with an offer for products or services not related to the telecommunications services to which You subscribe. If You provide Your oral consent for FreedomStarr to do so, FreedomStarr may use Your CPNI for the duration of such telephone call in order to offer You additional services.

Any action that you take to deny or restrict approval to use Your CPNI will not affect our provision to you, now or in the future, of any service to which you subscribe. You may disregard this notice if you previously contacted us in response to a CPNI Notification and denied use of Your CPNI for the purposes described above. Any denial of approval for use of Your CPNI outside of the service to which you already subscribe is valid until such time as your telecommunications services are discontinued or You affirmatively revoke or limit such approval or denial.

The CPNI Policy above may be required by law to apply to Voice over Internet Protocol, or, IP voice services.

Notice

Before the initiation of any arbitration between the Parties, you must first contact our Customer Care Department toll-free at 1-800-352-4340 or in writing at 8383 Wilshire Blvd, Suite 333, Beverly Hills, CA 90211, and provide us with an opportunity to resolve the dispute. If the dispute cannot be resolved within 60 days of receipt of such notice, either Party may initiate arbitration.