Terms of Service
The services offered by 1000014258 ONTARIO INC. (‘Loyalty Forge’, ‘we’ or ‘us’) include the Loyalty Forge websites at loyaltyforge.com domain as well as any other related websites, widgets, or other distribution channels we may, from time to time, operate (collectively, the ‘Loyalty Forge website’) and any other features, content, services or applications offered, from time to time, by Loyalty Forge (collectively, the ‘Service’, ‘Services’).
Loyalty Forge sub-domains (e.g. www.loyaltyforge.com) (the Loyalty Forge website and sub-domains are collectively referred to herein as, the ‘Site’, ‘Sites’);
Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement: 1) Signing this document. 2) Initialization of the Service, 3) registering for Service on loyaltyforge.com websites.
1. LOYALTY FORGE SERVICES
This Agreement applies to all Loyalty Forge services, software and widgets. Loyalty Forge refers to Loyalty Forge’s software installed on or distributed to your computer or website that is used to access and use Loyalty Forge services.
2. SUBSCRIPTION TO BETA SERVICE
Loyalty Forge may offer certain Services as closed or open beta services (‘Beta Service’ or ‘Beta Services’). Loyalty Forge shall have the sole authority and discretion to determine the period of time for Beta Service. You are fully responsible for fees associated with using of Beta Services. Loyalty Forge reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Loyalty Forge shall not be liable to you or to any third party for any harm related to, arising out of, or caused by use of Beta Service, the modification, suspension or discontinuance of any of the Beta Services for any reason.
3. REGISTRATION PROCEDURES
Upon signing up for the Service, you agree to provide true, accurate, current and complete contact information, Registered Location, and other data to Loyalty Forge and at subsequent times as requested by Loyalty Forge. If you provide information that is, or that Loyalty Forge suspects to be, false, inaccurate, not current or incomplete, Loyalty Forge has the right to suspend or terminate the Services and refuse any and all current or future use of all Services, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable.
4. EMERGENCY SERVICES/E911
INTERNET-ONLY E911 DIALING IS DIFFERENT THAN TRADITIONAL 911 SERVICE AND IS GENERALLY REFERRED TO AS ENHANCED 911 OR E911.
911 ACKNOWLEDGEMENT AND WARNING LABELS.
CUSTOMER ACKNOWLEDGES THAT LOYALTY FORGE’S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION AND CUSTOMER AGREES TO NOTIFY ANY POTENTIAL USER OF THE SERVICES, WHO MAY PLACE CALLS USING CUSTOMER’S SERVICES, OF THE 911 LIMITATIONS DESCRIBED HEREIN. CUSTOMER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT LOYALTY FORGE HAS ADVISED CUSTOMER OF THE CIRCUMSTANCES UNDER WHICH LOYALTY FORGE’S E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. LOYALTY FORGE ADVISES CUSTOMER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER. FOLLOWING A POWER FAILURE OR DISRUPTION YOUR 911 SERVICE MAY NOT BE RESTORED AUTOMATICALLY AND YOU MAY NEED TO RESET YOUR EQUIPMENT PRIOR TO USING THE SERVICE.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF CUSTOMER’S INTERNET ACCESS SERVICE.
CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, AND ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. CUSTOMER HAS NO CLAIM AGAINST LOYALTY FORGE FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
OTHER OUTAGES AND DELAYS.
SOME OUTAGES FOR ANY REASON MAY PREVENT 911 DIALING FROM FUNCTIONING. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO NETWORK CONGESTION, INABILITY TO PROVISION E911 ADDRESS IN REALTIME, PROGRAMMING OR SOFTWARE ERRORS, A THIRD PARTY OUTAGE. E911 PROVIDES REDUCED SPEED IN THE ROUTING OF A 911 CALL COMPARED TO THE TRADITIONAL 911 DIALING OVER TRADITIONAL PUBLIC TELEPHONE NETWORKS. E911 SERVICE DOES NOT GUARANTESS THAT EMERGENCY CALL WILL ANSWERED BY LIVE OPERATOR. CALLS OVER E911 SERVICE HAVE HIGHER RISK OF ENCOUNTERING A BUSY SIGNAL.
LOYALTY FORGE’S E911 SERVICE IS A MANDATORY COMPONENT OF OUTBOUND VOICE SERVICE FROM CUSTOMER’S SIP COMPATIBLE DEVICE FOR CUSTOMERS USING THE SERVICE FROM USA OR CANADA. E911 SERVICE IS SUBJECT TO AVAILABILITY WITHIN YOUR CALLING JURISDICTION. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS WITHIN USA AND CANADA. CUSTOMERS WHO SUBSCRIBE TO LOYALTY FORGE’S E911 SERVICE WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION OF THEIR EQUIPMENT WITH LOYALTY FORGE, AND AGREE TO UPDATE THE LOCATION WHENEVER THE PHYSICAL LOCATION OF SERVICE CHANGES. CUSTOMER ACKNOWLEDGES THAT LOYALTY FORGE’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE PHYSICAL LOCATION CURRENTLY REGISTERED FOR THE ACCOUNT. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY LOYALTY FORGE WILL BE BASED UPON THE PHYSICAL LOCATION PROVIDED TO LOYALTY FORGE’S CUSTOMER. IN THE EVENT THAT THE PHYSICAL LOCATION HAS NOT BEEN UPDATED OR IS NOT COMPLETE, LOYALTY FORGE MAY ATTEMPT TO ROUTE A 911 CALL TO THE NATIONAL EMERGENCY CENTER.
CUSTOMER ALSO ACKNOWLEDGES THAT LOYALTY FORGE’S E911 SERVICE HAS CERTAIN CHARACTERISTICS WHICH MAKES IT DIFFERENT FROM TRADITIONAL, LEGACY, PSTN CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE LOYALTY FORGE’S E911 SERVICES UNSUITABLE FOR SOME CUSTOMERS. BECAUSE CUSTOMER CIRCUMSTANCES VARY, CUSTOMERS SHOULD CAREFULLY EVALUATE THEIR REQUIREMENTS WHEN DECIDING WHETHER TO RELY UPON LOYALTY FORGE’S E911 SERVICE. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET CUSTOMER’S EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE FOLLOWING CHARACTERISTICS DISTINGUISH LOYALTY FORGE’S E911 SERVICE FROM TRADITIONAL, LEGACY, CIRCUIT-SWITCHED 911 SERVICE:
REGISTRATION OF PHYSICAL LOCATION: YOU MUST REGISTER WITH LOYALTY FORGE THE PHYSICAL LOCATION WHERE YOU WILL BE USING LOYALTY FORGE SERVICE. YOU MUST CONFIRM THE ACCURACY OF YOUR PHYSICAL ADDRESS VIA CALL TO 922. IF YOUR ADDRESSES CAN NOT BE VALIDATED WE MAY RESTRICT YOUR USE OF LOYALTY FORGE SERVICE. YOU MUST MAKE SURE THAT THE CURRENTLY SELECTED E911 ADDRESS CORRESPONDS TO YOUT PHYSICAL LOCATION. IF YOU DO NOT UPDATE YOUR LOCATION, ANY 911 CALLS YOU MAKE MAY BE ROUTED TO THE WRONG EMERGENCY CENTER AND MAY RESULT IN HELP BEING SENT TO THE WRONG ADDRESS. FOR PURPOSES OF 911 DIALING, ONLY ONE ADDRESS CAN BE SELECTED AS THE CURRENT ADDRESS. IF YOU MOVE OR RELOCATE SIP/ATA DEVICE/IP PHONE CONNECTED TO LOYALTY FORGE TO ANOTHER LCOATION, YOU MUST UPDATE YOUR E911 ADDRESS. LOYALTY FORGE RESERVES THE RIGHT TO CHARGE YOU EXTRA FEES WHICH WE MAY INCUR WHEN 911 RESPONSE PERSONNEL ARE SENT TO THE WRONG ADDRESS BECAUSE YOU HAVE NOT UPDATED YOUR PHYSICAL LOCATION.
** LOYALTY FORGE’S E911 SERVICE WILL NOT FUNCTION IF CUSTOMER’S ATA, PHONE OR TRUNKING GATEWAY FAILS OR IS NOT CONFIGURED CORRECTLY OR IF CUSTOMER’S SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, INTERNET SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING, NEGATIVE OR ZERO ACCOUNT BALANCE OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, CUSTOMER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE LOYALTY FORGE SERVICE, INCLUDING FOR E911 PURPOSES. E911 REGISTERED ADDRESS AND THE AUTOMATIC NUMBER ASSIGNED MAY FAIL TO BE PASSED PROPERLY TO THE LOCAL EMERGENCY SERVICE OPERATOR.
** LOYALTY FORGE’S E911 SERVICE MAY NOT FUNCTION DUE TO SOFTWARE ERRORS OR NETWORK CONNECTION FAILURE AND CUSTOMER MUST NOT RELY ON LOYALTY FORGE E911 AS THE PRIMARY WAY OR ONLY WAY OF REACHING EMERGENCY SERVICES AND CUSTOMER MUST MAINTAIN ALTERNATIVE WAYS OF REACHING EMERGENCY SERVICES.
** LOYALTY FORGE DOES NOT HAVE ANY CONTROL OVER WHETHER, WHEN OR THE MANNER IN WHICH E911 CALLS ARE ANSWERED OR HANDLED BY ANY EMERGENCY RESPONSE CENTER. WE DISCLAIM ALL RESPONSIBILITY FOR THE ABILITY OF THE EQUIPMENT TO CONNECT TO AN EMERGENCY RESPONSE CENTER, THE CONDUCT OF THE EMERGENCY RESPONSE CENTER AND THE NATIONAL EMERGENCY CALLING CENTER. LOYALTY FORGE RELYES ON THIRD PARTIES TO PROVIDE ROUTING 911 CALLS TO EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. WE DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS LOYALTY FORGE, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND ASSIGNS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE EQUIPMENT OR SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE, OR OUTAGE OF THE EQUIPMENT, INCLUDING 911 DIALING, INCORRECTLY ROUTED 911 DIALING CALLS, AND/OR THE INABILITY OF ANY USER OF THE EQUIPMENT TO BE ABLE TO USE 911 DIALING OR ACCESS EMERGENCY SERVICE PERSONNEL. IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF THE 911 DIALING SERVICE, YOU MUST HAVE AND USE ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES OR DISCONTINUE USING LOYALTY FORGE.
** WITH E911 SERVICE, WHEN YOU DIAL 911 YOUR CURRENT E911 ADDRESS AND AUTOMATICALLY ASSIGNED E911 CALL-BACK TELEPHONE NUMBER IS TRANSMITED TO THE PSAP/(EMERGENCY ANSWERING CENTER). EMERGENCY OPERATORS MAY HAVE ACCESS TO THE INFORMATION THEY NEED TO SEND HELP AND REACH YOU VIA A CALLBACK FOR UP-TO 24 HOURS AFTER 911 CALL. SOME EMERGENCY CENTERS ARE NOT EQUIPPED TO RECEIVE, PROCESS, OR RETAIN TELEPHONE NUMBER AND ADDRESS AND WILL PROVIDE LIMITED E911 ASSITANCE. PLEASE NOTE, YOU MAY RECEIVE LIMITED E911 OR NO E911 AT ALL IF YOUR SIP DEVICE IS REGISTERED FROM GEOGRAPHIC LOCATION DIFFERENT FROM CURRENTLY CONFIGURED E911 ADDRESS OR IF A THIRD PARTY FAILS TO PROPERLY DELIVER ADDRESS INFORMATION AND TELEPHONE NUMBER TO THE EMERGENCY RESPONSE CENTER. AUTOMATICALLY ASSIGNED CALL-BACK NUMBER WILL BE DIFFERENT FROM YOUR LOYALTY FORGE PHONE NUMBER. WITH LIMITED E911, THE EMERGENCY OPERATOR ANSWERING THE CALL MAY NOT HAVE YOUR CALL-BACK NUMBER OR YOUR EXACT LOCATION, SO YOU MUST BE PREPARED TO GIVE THEM THIS INFORMATION. UNTIL YOU GIVE THE OPERATOR YOUR PHONE NUMBER, HE/SHE MAY NOT BE ABLE TO CALL YOU BACK OR DISPATCH HELP IF THE CALL IS DROPPED OR DISCONNECTED, OR IF YOU ARE UNABLE TO SPEAK. SOME CUSTOMERS MAY NOT HAVE ACCESS TO EITHER BASIC 911 OR E911. IN SOME CASES 911 CALL MAY BE SENT TO THE NATIONAL EMERGENCY CALL CENTER. EMERGENCY PERSONNEL DO NOT RECEIVE YOUR PHONE NUMBER OR PHYSICAL LOCATION WHEN YOUR 911 CALL IS ROUTED TO THE NATIONAL EMERGENCY CALL CENTER. YOU AUTHORIZE US TO DISCLOSE YOUR NAME AND ADDRESS TO THIRD-PARTIES INVOLVED WITH PROVIDING 911 EMERGENCY SERVICES TO YOU, INCLUDING BUT, NOT LIMITED TO, CALL ROUTERS, CALL CENTERS, AND LOCAL EMERGENCY CENTERS.
5. CUSTOMER REPRESENTATIONS
You represent and warrant that you are at least 18 years old or, as applicable, the age of majority in the country, state or province in which you reside, and are legally entitled to and have all necessary power and authority to enter into this agreement. You represent and warrant that your name, user name, contact information and location are true and accurate. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you). In order to use the Service, you agree, at your sole expense: to 1) provide and be responsible for payment for all equipment and service fees necessary to establish a connection to the Internet and/or to the Publicly Switched Telephone Network (‘PSTN’), as may be required to use the Service; 2) supply and pay for all phone service features required for your use of the Service; and 3) pay us for the Service. Loyalty Forge can terminate the Services and refuse any and all current or future use of all Services, or any portion thereof if we suspect that some information that you provided is inaccurate or incomplete or you are under 18 years old.
6. SERVICE USE
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. Loyalty Forge acts as a passive conduit for you to send and receive communications and information of your choice and Loyalty Forge has no control over the content of any transmission nor will it be liable for such content. You agree not to use the Services for the transmission of unsolicited messages, spamming emails. You agree that you shall not, at any time, use the Service for any abusive purpose or in any way which interferes with our ability to provide Service to other customers or restricts other customers from using the Service, or damages any Loyalty Forge or other customer’s property. You acknowledge and agree that, by using the Service, you may be exposed to content others send you that is objectionable, offensive, or indecent. You understand and agree that Loyalty Forge has no control over the content of any audio, video or text transmissions relayed to you through the Service and you agree to hold Loyalty forge harmless for any harm suffered due to the content relayed to you through this Service.
Loyalty Forge reserves the right to restrict phone calls to any telephone number in its sole discretion.
You will abide by all applicable local, provincial, national and international laws and regulations of countries of all phone call participants connected using the Service.
You shall not violate any Canadian, U.S. or foreign export control laws.
You shall no transmit any material that contains trojan horses, viruses, or any other programs that may be harmful or dangerous.
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.
You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service by any means.
Collect information about other people without their consent.
Create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication.
Misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct
Transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trademarks, trade secrets or copyrights;
Loyalty Forge may delete any Content that in the sole assessment of Loyalty Forge violates this Agreement or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Loyalty Forge assumes no responsibility for monitoring the Loyalty Forge Services for inappropriate Content or conduct.
Use of Predictive Dialers, Auto Dialers, Telemarketing Devices, Lead Generators and other similar programs is prohibited. All calls made using such programs will be charged $2 per minute rate (60/60 billing interval) and $1 per dial attempt.
In accordance with the Digital Millennium Copyright Act in appropriate situation Loyalty Forge will terminate your Service if you violate the copyrights of third-parties. Loyalty Forge may or may not attempt to contact you, in its sole discretion, prior to such service suspension or termination.
7. SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or in association with the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of ‘junk mail’, ‘spam’, ‘chain letters’, or unsolicited calls. Loyalty Forge reserves the right to terminate your access to the Services if Loyalty Forge believes in its sole discretion, that you have used the Services for any illegal or unauthorized activity.
The transmission of unsolicited phone calls, voicemails, using the Service is illegal under foreign and domestic laws, federal laws. Distribution of unsolicited voicemail, broadcast advertisements through the Service is prohibited. You shall not use the Service to send or transmit any unsolicited communications or advertisements and understand that, if you do, Loyalty Forge may immediately terminate your right to use the Services without any liability of any kind.
You acknowledge and agree that Loyalty Forge does not do and assumes no responsibility for verification of call campaign participants against various federal and local Do Not Call lists.
You acknowledge that all phone call recipients are in full compliance with all federal and local Do Not Call Lists and you have their consent of contacting them.
At Loyalty Forge’s option and without further notice, Loyalty Forge may use various technologies, such as filters, that may terminate such unsolicited advertisements without delivering them. You hereby release and agree to hold harmless Loyalty Forge from and against any damages or liabilities of any kind related to any voicemail, voice broadcast or solicitations that you may send and/or receive using the Service.
8. TELEPHONE NUMBERS
The price for a telephone number is fixed at the time of the order. Customers can port out their telephone numbers at any time. If Customer ports out any telephone number during the first 60 days of service, then Customer will be charged a $15 administrative fee for each telephone number ported out. If during any 30 days period Customer ports out more than 30 telephone numbers from his/her account then Customer will be charged $10 administrative fee per phone number ported out. You acknowledge and agree that under special circumstances (for example area code split and overlays) Loyalty Forge may cancel, substitute or change telephone numbers allocated to you in its sole discretion. You acknowledge that Loyalty Forge shall not be liable for any damages (including consequential or special damages) arising out of telephone number allocations. Upon termination of your Loyalty Forge account for any reason, or termination of telephone number subscription, you will no longer have access to telephone numbers allocated to you; consequently these telephone numbers will be reassigned to other customers and once reassigned Loyalty Forge will not be able to assign the same telephone number to you in the future. Telephone numbers are offered on pre-paid basis and when a customer fails to pay for the next billing interval the telephone number will be canceled. When the telephone number was prepaid for a certain period and it was ported out by a customer before the end of the pre-paid period there will be no refund for the time a telephone number no longer available from Loyalty Forge. Loyalty Forge tries its best to ensure interoperability of Loyalty Forge telephone numbers in order to make the telephone numbers reachable from as many mobile and fixed networks as possible. However, as Loyalty Forge relies on the interoperability of services from its local partner(s) in each country for end-to-end connectivity, Loyalty Forge does not warrant and represent that the telephone numbers will be reachable from all mobile and fixed networks. Loyalty Forge service and Loyalty Forge phone numbers must not be used to trigger callback services and collect calls. The minimum service term for a phone number is 3 months as from the order date. When a phone number is canceled for any reason the three month term will be enforced and the customer will be charged accordingly to meet the 3 month term.
9. LOYALTY FORGE’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (‘Software’) contain proprietary and confidential information that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
Loyalty Forge owns exclusive right to the Service, including all intellectual property rights thereto. All rights not expressly granted under this Agreement are retained by Loyalty Forge. Any new functionality or feature provided by Loyalty Forge that expand or enhance the Service shall also be subject to this Agreement.
You agree not to, and shall not allow any third party to, reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, rent, lease, loan, create derivative works based on the Services, disclose, transfer, convey, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Services and/or any of Loyalty Forge technology or software or protocols for any purpose whatsoever.
You agree not to allow any third party to access the Services for any purpose whatsoever.
10. SERVICE UPDATES
You acknowledge and agree that Loyalty Forge, in its sole discretion, may add additional features or functions, or to provide software updates, fixes, and upgrades to the Service. You acknowledge and agree that Loyalty Forge shall not be liable for any damages in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of updates of the Service, and (2) by the suspension or termination of this Agreement or the Service by Loyalty Forge and/or by you.
11. USE OF IDENTITIES
The service offers a feature that gives you the ability to produce Caller ID different from either Loyalty Forge allocated phone numbers or your carrier assigned. No use of the phone number, Loyalty Forge, or other identity of any person or entity is permitted without his/her, or its express permission. If Loyalty Forge determines or suspects, in its sole and absolute discretion, that you have used or are using an identity without right or permission, we may immediately suspend or terminate your Service without notice.
12. PHONE CALL CONVERSATION/PHONE CONFERENCE RECORDINGS
Loyalty Forge offers a feature that allows you to record various phone conversations. The laws regarding the notice and notification requirements and use of such recorded conversations vary from country to country and province to province. You acknowledge and agree to be solely responsible for complying with all international, federal, provincial and local laws in the relevant jurisdiction when using this feature. Loyalty Forge expressly disclaims any and all liability related to your recording of phone conversations. You agree to release and to hold harmless Loyalty Forge from and against any damages or liabilities of any kind related to the recording of any phone conversation using the Service.
You acknowledge and agree that you are responsible for paying all charges and fees to your Account for Services, including but not limited to, regulatory and government fees, long distance and for all taxes and surcharges imposed on you or us as a result of your use of the Services.
Each service plan has (i) a flat monthly service fee (this service fee, which is posted on the Site, is the basic charge associated with your Service; (ii) an additional minute rates for incoming and outgoing calls as posted on www.loyaltyforge.com site; (iii) certain activities have additional fee that will be charged every month; (iv) Upon reactivation of past due or suspended service you will be charged a service amount due since service suspension or termination.
All calls to countries with respective area codes posted on the Site are charged according to the outbound rates posted on the Site. CALLS OUTSIDE OF AREA CODES POSTED ON THE SITE AND UNLESS COUNTRY RATE IS SET WILL BE CHARGED AT $1.00 USD PER MINUTE AND WILL BE RECONSILED MANUALLY TO REFLECT THE PROPER RATE.
Some services have a one-time, non-refundable setup or activation charge.
Upon termination of your Account for any reason, all pre-paid services shall expire in their entirety and NO refund or pro-ration shall be made for any unused services, credits or minutes including but not limiting to Phone Numbers.
Incoming calls are billed and charged at 1 minute increment.
All rates, billing and/or pricing practice are subject to change without notice and we encourage you to verify them on regular basis.
14. BILLING AND PAYMENTS
Loyalty Forge reserves the right to accept only certain Payment Methods. Loyalty Forge reserves the right to reject any payment. Any applicable setup, activation, initiation charges, usage and other recurring charges and fees are billed and charged in full in advance.
You acknowledge and agree that payments/deposits are final once completed. We strongly discourage the use of charge backs or payment reversal. If you believe that your account was charged fraudulently or erroneously you must follow our dispute procedure: contact our billing department via email. You must provide the following information a) your name b) your contact information c) last four digits of the credit card number in question d) name on the credit card and the date when the credit card transaction occurred and the total amount charged to the credit card. You will be contacted by Loyalty Forge customer support representatives to try to resolve the matter. If you take actions to reverse your Account charges with your credit card company or payment processor for any reason without first following the dispute procedure set forth herein, we reserve the right to terminate your account and pursue you legally through an attorney and or/collection agency and any other means for damages, including, among other things, fraud.
All Services you subscribed to will be automatically extended for successive renewal periods of the duration as you selected, at the then-current subscription rates, charges and fees.
17. FAIR USE POLICY
The Services is subject to reasonable and fair use policy. Loyalty Forge reserves the right to suspend or terminate your Service if Loyalty Forge decide, in its sole discretion, that your use of the Service violates this fair use policy.
18. STORAGE OF MEDIA FILES AND CALL DETAIL RECORDS
Loyalty Forge is not obligated to store your incoming/outgoing call detail records, media files including pictures, audio files, recordings, voicemails and does so only as a convenience to you. You acknowledge and agree that Loyalty Forge has no responsibility or liability whatsoever for the deletion, lose or failure to store any voicemail, call detail record, various media files or any other information transmitted by the Services or stored on Loyalty Forge servers. Call Records older than 90 days may be deleted/archived and not available. Loyalty Forge will store media files such as voicemail recordings on your account free of charge as long as the total size of all media files stored does not exceed the limit set for your subscription level. Disk space usage over the limit will be charged $0.25 per day per 100MB of disk space used over the limit.
Loyalty Forge makes no representation that content on Loyalty Forge web site(s) is appropriate or available for use in locations outside Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with foreign, domestic and local laws, if and to the extent local laws are applicable.
Loyalty Forge reserves the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in our sole and absolute discretion.
If we discontinue the Service generally you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges and the balance of pre-paid amounts.
If your Service is terminated due to 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 termination fee, if applicable, all of which will immediately become due and payable.
Upon any termination in accordance with the foregoing, Loyalty Forge will delete related information and files in your Account, reassign any telephone numbers associated with the account, and/or prevent any further access to such files, information, or the Services.
21. NO WARRANTIES
THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’. LOYALTY FORGE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER LOYALTY FORGE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, SOFTWARE, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH 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, YOUR 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 LOYALTY FORGE’S; OR ITS SERVICE PROVIDER’S OR VENDOR’S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY LOYALTY FORGE OR LOYALTY FORGE’S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF CANADA OR ANY PROVINCE THEREOF. ALTHOUGH LOYALTY FORGE MAKES EVERY EFFORT TO ENSURE THAT VOICE, VOICEMAILS AND DATA TRANSMISSIONS ARE SECURE, LOYALTY FORGE MAKES NO GUARANTEES OF SECURITY. LOYALTY FORGE DOES NOT WARRANT THE RELIABILITY OR ACCURACY OF THE RESULTS OBTAINED BY USING THE SERVICES OR ANY DATA DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED BY USING THE SERVICES. LOYALTY FORGE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF INCLUDING WITHOUT LIMITATION LOYALTY FORGE’S EMPLOYEES AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. As certain jurisdictions do not allow some of the exclusions, disclaimers, or limitations as set forth above in this Section, some of these exclusions, disclaimers, or limitations may not apply to you.
You will be liable for any and all damages and claims that may arise out of the content transmitted by you or by any person, whether authorized or unauthorized, using the Services on your account. You will assure that your and such other persons’ use of the Service and content comply at all times with all applicable laws, regulations, and written and electronic instructions for use. Loyalty Forge reserves the right to terminate or suspend your Services and remove your or such other persons’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with 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 any other persons’ use or content.
23. LIMITATION OF LIABILITY
IN NO EVENT SHALL LOYALTY FORGE, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE TO YOU 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. IN NO EVENT SHALL LOYALTY FORGE, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, LOYALTY FORGE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND LOYALTY FORGE AGREE THAT LOYALTY FORGE’S TOTAL LIABILITY TO YOU FOR ANY REASON SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES LOYALTY FORGE CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. LOYALTY FORGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AFFILIATES, STOCKHOLDERS, AGENTS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, OR THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE, OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. YOU AND LOYALTY FORGE AGREE THAT THE LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN THE PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LOYALTY FORGE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, STOCKHOLDERS, AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, EXPENSES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE, RELATING TO THE SERVICES. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF LOYALTY FORGE OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
25. FORCE MAJEURE
Loyalty Forge shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, terrorism or government requirements.
27. COOPERATION WITH GOVERNMENT AUTHORITIES
In accordance with applicable law, Loyalty Forge will cooperate with local, provincial, federal, international and/or worldwide government authorities to protect this Site, Content, Services, Materials, Accounts, visitors, customers, Loyalty Forge, its parents, subsidiaries, affiliates and their respective members, employees, directors, officers, stockholders and agents and operational providers, from the unauthorized use of this Site, Materials, Content, Services and Accounts. Loyalty Forge mean to be in full compliance with Telecommunications Act (SC 1993, c. 38). By using the Services, you hereby agree and consent to Loyalty Forge’s right to monitor, tap, trace and otherwise disclose the nature, content and history of your communications if and as required by law without any notice to you.
28. GOVERNING LAW
This Agreement and the relationship between you and us are governed by the laws of the Province of Ontario without regard to its conflict of law principles.
29. MANDATORY ARBITRATION AND NO JURY TRIAL
Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Sault Ste. Marie, ON. The language of the arbitration shall be English.
Loyalty Forge notices to you shall be considered valid and effective when sent by email to the email address on your account. Written notice to us shall be effective when emailed to our Customer Support department. Oral notices shall be considered as not valid for any purposes whatsoever.
31. REFUND POLICY
There is no refund for any prepaid services. However, when you close your account unused funds on your account will be refunded.
32. ACCOUNT CLOSURE
Only accounts in a good standing can be closed. Accounts with negative balances must pay off the balance prior to closing the account. To close an account please email firstname.lastname@example.org. When a customer requests his/her account to be closed all customer’s subscriptions to Loyalty Forge services (including Loyalty Forge phone numbers) will be canceled. Account balance over $2.00 will be refunded and the refund processing fee in the amount of $2.00 will be withheld for all refunds.
33. Phone Number Confirmations
‘Phone Number Confirmation’ is subject to a fee which is calculated as 3 minutes of call time to a country of the phone number to be confirmed.
34. Voicemail Transcription
You acknowledge, understand and agree that other individuals might access your voicemail message to provide voicemail transcription service. You acknowledge, understand and agree that some voicemail messages will not be accurately or completely transcribed due to various reasons. You agree that Loyalty Forge shall not be liable to you or to any third party for errors in voicemail transcription.
35. Voicemail and Call Recording retention.
All voicemail messages and call recordings older than 90 days may be automatically deleted.
36. Rate plans and acceptable usage.
Each rate plan has a specific set of acceptable usage. You agree to use Loyalty Forge phone number only within accepted usage specified for your rate plan. If an account is found in violation of acceptable usage, Loyalty Forge will request that you upgrade to the next rate plan and you will be billed for any overage at a rate of $0.02 per minute. If you exceed your rate plan’s usage for three consecutive months, Loyalty Forge and decline to upgrade to the next rate plan, Loyalty Forge may suspend or terminate service at our sole discretion.
37. PRODUCT CONFIGURATION
Loyalty Forge does not offer technical assistance for configuring third party devices including PBX Servers/Switches, IP Phones and ATA Adapters, SIP Apps and softphones. It is the end users responsibility to properly configure their devices for use with Loyalty Forge services.
46. SYSTEM MAINTENANCE
Our official Systems Maintenance Window is Sunday from 4:00 AM to 4:30 AM Eastern Time. During Systems Maintenance Window some services may not be available.