Please review our Terms of Service
By indicating your acceptance of these terms and conditions, you (“Subscriber” or “You”) acknowledge and agree to be bound by the provisions of this agreement for the use of the PhoneNumberPlus services (“services”). If you are not willing to be bound by these terms and conditions do not click the box next to “I Agree to the Terms of Service” box. By clicking this box or by using or accessing the service, you agree to be bound by the following terms and conditions.
In response to the Children’s Online Privacy Protection Act (“COPPA”) we require that subscribers be at least 13 years old to use PhoneNumberPlus’ services.
GRANT OF RIGHTS TO USE SERVICES.
Effective upon acceptance of this Agreement, PhoneNumberPlus hereby grants to Subscriber a personal, nonexclusive, nontransferable, revocable license to access and use the Services (as defined below), for Subscriber’s use. Subscriber shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that it does have such right.
WARRANTY DISCLAIMER.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND PHONENUMBERPLUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. NUMBERBARN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.
PHONENUMBERPLUS MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. PHONENUMBERPLUS IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
PHONENUMBERPLUS DOES NOT WARRANTY THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER’S SOLE RISK AND DISCRETION AND PHONENUMBERPLUS WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER’S PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM PHONENUMBERPLUS, IT’S EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.
PHONENUMBERPLUS’ PROPRIETARY RIGHTS.
As between the parties, NumberBarn shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the Services. Subscriber may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. Subscriber may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement. Subscriber may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by Phonenumberplus.
THE PHONENUMBERPLUS SERVICE.
Use of the Call Management Service will permit You to port to PhoneNumberPlus an unlimited number of telephone number(s) or, obtain telephone number(s) directly from PhoneNumberPlus and either (i) cause any inbound call to such number(s) to forward to any other number that you control, (ii) initiate an outbound call from a telephone number that You obtain (or port to PhoneNumberPlus); (iii) display a number that You obtain (or port to PhoneNumberPlus) on an outbound call initiated from any other number that You control, (iv) play for the caller to such number a recorded response. The Voice Service will additionally allow You to place and receive calls through the telephone number ported to, or assigned to You by, PhoneNumberPlus. If PhoneNumberPlus at any time permits You to set the displayed name (the “Displayed Name” or “CNAM”) associated with any telephone number(s), You are fully and exclusively responsible for the accuracy of the Displayed Name, which will be a fair and accurate representation of Your identity.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL PHONENUMBERPLUS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. NUMBERBARN’S LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SERVICES, IF ANY.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.
INDEMNIFICATION.
Subscriber shall indemnify and hold harmless PhoneNumberPlus, its directors, officers, employees and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys’ fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber’s use of the Services and/or any breach of the terms and conditions of this Agreement by Subscriber.
INTERNATIONAL USE.
PhoneNumberPlus makes no representation that materials on its website(s) are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United States or the country in which Subscriber resides.
MODIFICATION TO AGREEMENT.
PhoneNumberPlus reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service or its successor site.
Use of the Services signifies Subscriber’s agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber. If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.
RETURNS, REFUNDS & REPLACEMENTS.
Due to the nature of PhoneNumberPlus’ Services, returns, refunds or replacements are not always possible. PhoneNumberPlus’ Call Management Service is a marketplace/search engine that aggregates phone numbers from various vendors and suppliers. Subscriber’s selected phone number is secured on behalf of the Subscriber directly from PhoneNumberPlus’ vendors who retain their own return policies. Within 48 hours, purchase price can be refunded minus a 25% restocking fee. Phone numbers priced $100 or more are not eligible for a refund once order has been placed. Not all phone numbers are available to be transferred to any carrier. Subscriber will need to confirm with their preferred carrier first if they will accept the Subscriber’s selected number(s) before purchasing.
RULES AND REGULATIONS.
Subscriber shall be solely liable for any transmissions sent through the Services. PhoneNumberPlus has no control over the content of any transmission nor will it be liable for such content.
PhoneNumberPlus has the right to restrict termination to any telephone numbers in its sole discretion, to the extent permitted by law. These may include, but are not limited to certain geographic locations, special services numbers, satellite telephony services, and other call forwarding services. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party’s rights, or illegal. Further, Subscriber will abide by all rules, regulations, procedures and policies of PhoneNumberPlus and any policies of the networks connected to the Services. Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber’s account or password, including the content of Subscriber’s transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to: Use the Service in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise); Harvest or otherwise collect information about others, including email addresses, without their consent; Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; Violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Service;
Interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Service, through password mining or any other means; Interfere with another member’s use and enjoyment of the Services or another entity’s use and enjoyment of similar services.
COMMUNICATIONS WITH PHONENUMBERPLUS.
Subscriber may provide information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans and ideas to PhoneNumberPlus. Such information shall be deemed non-confidential and PhoneNumberPlus assumes no obligation to protect such information from disclosure. The submission of such information to PhoneNumberPlus shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by PhoneNumberPlus for any purpose whatsoever. PhoneNumberPlus shall be free to reproduce, use, disclose and distribute such information to others without restriction. Subscribers shall have no recourse against PhoneNumberPlus for alleged infringement or misappropriation in connection with any information or materials submitted to PhoneNumberPlus hereunder. Nothing in the foregoing shall be deemed to limit PhoneNumberPlus’ Privacy Policy.