BY SIGNING ORDER FOR PRODUCTS AND/OR SERVICES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS.
All of these Terms have a force of a legally binding agreement even if you are simply browsing the website without intention of contacting us or registering an account.. You cannot use/visit our service if you do not agree to these Terms and all other aforementioned documents, when applicable. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the bottom of this page. If you still wish to use and/or visit this service after said date, that constitutes your agreement to the updates.
- 911 EMERGENCY DIALING
- 911 limitations. our SERVICE DOES NOT PROVIDE FOR TRADITIONAL 911 SERVICES SUCH AS A LANDLINE Service OR A TRADITIONAL WIRED PHONE SERVICE. YOUR PHONE NUMBER OR PHYSICAL LOCATION WILL NOT BE AUTOMATICALLY DETECTED WHEN A 911 CALL IS ROUTED. THEREFORE, YOU MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES. WE DISCLAIM ANY AND ALL LIABILITY FOR ANY SERVICE OUTAGE OR INABILITY TO COMPLETE EMERGENCY 911 CALLS. Our service includes a 911 dialing feature. It’s a limited emergency calling available on our certified devices and equipment. The 911 Dialing feature may not work with a soft phone, virtual numbers or your own equipment. Our 911 dialing feature is not automatic, and you must register the address where you will use the service in order to activate the 911 dialing. This must be done for each of your Dove Communications Inc. devices & phone numbers that you obtain. It is your responsibility to notify all of your employees, guests, housemates and everybody else present at your address that our VoIP services and 911/E911 features should never be counted upon in the case of an emergency. We’ll attempt to provide access to emergency services centers if somebody dials 911 from a registered address. However, our 911/E911 services cannot be guaranteed and therefore are not intended to be used as the sole means for anybody to contact 911 emergency services. Our 911/E911 Services can only be used within the United States. Basic 911 Emergency Services enable people to dial 911 in order to reach an Emergency Services Center but the operator does not have the capability to automatically see the caller’s call back number or location. That’s why the caller must be prepared to provide this information to the emergency services operator. The operator may be unable to call back or dispatch assistance if the call is dropped. Enhanced 911 (“E911”) Emergency Services enable persons to dial 911 and automatically transmit the individual caller’s telephone number and registered address associated with the telephone number. You may not have access to E911 services if there are no local or regional emergency services centers serving your location, or if you failed to register or update your address/location on our service. It is very important for you to register and immediately update your address when it changes. When dialing 911 via our service, you may receive a busy signal, failure to connect or experience longer wait times than if using a traditional or wired service. It can result from equipment malfunction, Internet disruptions, loss of electrical power, programming errors. 911 calls made from outside the United States will not function properly. You must not block any phone number when dialing 911 and you shall have the sole responsibility to monitor and ensure no block is enabled because it could inhibit 911 calling and functionality.
- How We Contact Emergency Personnel. We use a third-party contractor who sees the address of your registered location to locate the nearest emergency response center to then forward your call to a general number there. However, the center operator will not have your address and may not have your phone number. So, you must provide your address and phone number. Some emergency response centers do not have 24/7 operators. If we are aware of this, we will forward your call instead to a national emergency calling center. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, solely for the purpose of dispatching emergency services to your registered location.
- Sticker. Instructions that come with our devices and equipment should come with a sticker regarding potential non-availability of traditional 911 or E911 dialing. If you did not get such a sticker with your device, or if you want additional 911 stickers, please contact our customer care department at 213-234-2500.
- Incompatibility. Our Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system.
- By using our service, you agree that you will immediately register your accurate physical initial address and update it each and every time the equipment associated with the Service is moved. It may take up to 48 hours for any new customer location to be recognized on our Service once you have informed us of the new location. During the specified timeframe, anyone calling from the new location may not be able to reach the proper emergency services agencies or appropriate emergency services personnel that support emergency services.
- Power Failure. 911 dialing does not function if there is a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 dialing, will not function until power is restored. It is also possible that you will have to reconfigure the Service and 911 dialing after a power disruption. We strongly recommend that backup power systems be deployed by everybody using any form of digital phone solutions and VoIP services. You must always maintain a separate means to access and call 911 emergency services. However, we are not responsible for the actual deployment, maintenance or ongoing support or use of such recommended services or devices.
- Outages Due to ISP Provider. Suspensions or terminations of service by your broadband provider or ISP will also preclude 911 dialing from functioning. Your ISP/broadband provider, or somebody else, may (un)intentionally block the ports over which the Service is provided. We will attempt to help you in cases of port blocking if you inform us about the problem.
- Other Possible Problems. In addition to the aforementioned possible problems, 911 dialing speeds may be reduced due to (i) network congestion; (ii) possible lack of automatic number identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number. Our Service is set up to send the automatic number IDs; however, one or more telephone companies, not us, route the traffic to the emergency response center and that center may not be capable of receiving and passing on that information. If that happens, the operator answering your 911 call may not be able to automatically obtain your phone number: (iii) no automated location ID. In most service areas, it is not possible at this time to transmit to the local emergency response center the address that you registered for 911 dialing. Operator will not automatically receive your location, so you will need to share it after you make a call.
- Disclaimer of Liability; Indemnification. Since we cannot control over 911 centers operations, we disclaim all liability for their conduct and the conduct of all other third parties involved. You agree to indemnify Dove Communications Inc., its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 dialing, incorrectly routed 911 calls.
- Your Affirmation. You affirm, acknowledge and agree that you are in full and complete understanding of all uses, guidelines, parameters and limitations of our emergency services calling functionality using our VoIP Service, the limitations of our platform and third-party affiliates and/or underlying provider platforms. If you disagree, you must either have alternative means of accessing 911 or terminate the Service.
- Device Usage. You cannot use the Service or the device: (i) to resell or transfer to another party without our express prior written consent; (ii) for spam, auto-dialing, continuous or extensive call forwarding, telemarketing, fax or voicemail broadcasting; (iv) for anything illegal; (v) for anything threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or anything similar; (vi) in any way not authorized by these Terms or us. If you use your own equipment in connection with our Service, it must be pre-approved by Dove Communications Inc. in writing. We reserve the right to immediately terminate or modify your Service if we determine, in our sole discretion, that you have violated this Section or any other provision of these Terms. In the event of such termination, you must return all devices provided by us and you will be responsible for the current full month’s charges, including, without limitation, unbilled charges, plus a termination fee. If we have reasonable basis to believe that you have used the Service for anything illegal (including spam), we may send all relevant communication, your ID and other data to law enforcement agencies.
- United States and Canada Only. Our service may be used to call to foreign countries from within the United States. However, currently we only support the Service in the United States and Canada. You are responsible for all legal compliance if you use the Service or the device outside of those countries. We may terminate your Service if we determine that you have used the Service or the device outside of the United States or Canada.
- Tampering. You are not allowed to change the equipment identifiers or to perform a factory reset of the device without our prior written consent.
- Anti-virus- AV & Firewall- Unless sold by Dove Communications, you are responsible to provide and maintain up to date antivirus and commercial grade firewall to protect your network.
- Theft. You must notify us immediately if the device is stolen or if your Service is being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent or unauthorized use.
- Incompatibility. Our Service may not be compatible with some broadband services.
- Non-Retail Customers. Non-Retail Customers may return the equipment to us within fourteen (14) days of the termination of Service to receive a credit for any termination fee provided that:
- the Service is terminated within the first thirty (30) days following the activation of the Service.
- The device is in original condition, reasonable wear and tear excluded.
- The original proof of purchase is returned with the device, together with the original packaging, all parts, accessories, and documentation.
- Prior to returning the device to us, you obtain a valid return authorization number from our customer care department, which can be reached at [email protected] or
- Restocking fee of 25% applied for all equipment;
- Licenses are non-refundable;
- Special order parts are non-refundable;
- You pay all costs of shipping the device back to us.
- Maintenance. You acknowledge that our Service will, from time to time, undergo maintenance or repair. You agree to cooperate in a timely manner and provide reasonable access and assistance as necessary to allow such maintenance or repair.
- Number Transfer. Upon the termination of your Service, we may, in our sole and absolute discretion, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if: (i) the new service provider is able to accept such number; (ii) your account is in good standing, including payment for all charges and applicable termination fees.
- Risk of Loss. You will bear all risk of loss, theft, or damage of the device until the time it is returned to us in accordance with these Terms.
- No 0+ Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411) services.
- No Directory Listing. The phone numbers we assign you will not be listed in any telephone directories.
- VOICE QUALITY WAIVER
Dove Communications recommends that you provide a separate internet connection for the VoIP phone system or allow us to install our router as the primary router in your network. This is to ensure highest possible Quality of Service (QoS), the VoIP call quality standard. However, by using our Service you agree: (i) that we shall not be liable for any losses related to poor voice quality issues, and (ii) not to withhold any payment to Dove Communications, Inc. for Service charges. At no point will our total liability exceed the monthly service fee.
- INTERNATIONAL, COLLECT CALL, & TOLL CALLS USAGE FRAUD
Our Service comes with certain international, collect call, tool calls fraud prevention mechanisms: (i) international calling disabled on account, either completely or on certain days and timeframes; (ii) international calls require a pin; (iii) international calling restrictions per extension. If you removal all levels of protection, you become vulnerable to fraud and hacking. Even though we will do our best to identify suspicious call patterns, you will still be responsible for unauthorized, fraudulent use. You agree not to hold us liable for any losses resulting from hacking and fraudulent use. You further agree not to withhold any payment to Dove Communications, Inc.
- Call Recording; Neutral Venue. You must comply with your jurisdiction’s laws governing the electronic recording of telephone conversations and other privacy issues. No part of our Service or products are represented or warranted to comply with electronic recording laws of your jurisdiction. Our Service is a neutral venue, and our role is limited to providing technology. WE SHALL NOT BE HELD LIABLE FOR USERS’ COMMUNICATIONS, INTERACTIONS, RECORDINGS, DATA, TRANSACTIONS AND INFORMATION. We are not liable for the consequences of you disclosing your personal information to others.
- Interactive Features. This Service includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Service’s interactive features does not constitute specific advice and should not be relied upon without further competent independent confirmation.
- DRIVING. DO NOT USE THIS SERVICE IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.
- Third Parties. This Service relies on third party services for support. We shall not be liable for any third-party venues and cannot guarantee their performance. We do not monitor all content submitted to this Service. We shall not be liable for user data or any third-party content on this Service.
- DISCLAIMER OF WARRANTY. EVERYTHING WE PROVIDE ON THIS SERVICE (INCLUDING MERCHANDISE AND 911 DIALING) IS ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, TO BE RELIED ON AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY COSTS, DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, THAT IS CAUSED BY HACKERS; UNAUTHORIZED TELEPHONY CHARGES; AN UNDERLYING CARRIER; INTERNET DISRUPTION; EQUIPMENT, NETWORK OR FACILITY FAILURE; FORCE MAJEURE EVENTS; EQUIPMENT, NETWORK OR FACILITY SHORTAGE OR RELOCATION.
- LIMITATION OF LIABILITY. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. NO CLAIM, SUIT OR ACTION CAN BE BROUGHT AGAINST EITHER PARTY TO THESE TERMS AFTER MORE THAN SIX MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION HAD OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- AFFILIATE DISCLOSURE
This Service contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Service. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote or other representation about a product or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.
- INTELLECTUAL PROPERTY
- Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Service contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. The Service is licensed to you, not sold. By using our service, you do not acquire any of our IP rights. You cannot resell any part of our service. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us. We can modify, reconfigure, change Service functionality at any time, without prior notice.
- Your Communications, Data and Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you submit any content via our Service, you state that: (i) you have all necessary rights to that content, and (ii) we shall not be liable for your content. We can use and implement any feedback that you voluntarily provide, without compensation to you.
- Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Service and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Service if such claims are reported to [email protected] If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material or link you claim is infringing.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of your report:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
- “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- BILLING; AUTOMATIC RENEWAL; LATE FEE; TERMINATION
- Duration. You can sign up on a monthly or multi-month basis. The term begins when we activate your Service and ends on the day before the anniversary date of your Term. After that, the term automatically renews for the same duration as your initial subscription unless you cancel in writing at least thirty (30) days before the end of the then-current term. You will be billed until the end of the full month. The renewal will be charged to your payment method on file. Expiration or termination of Service does not extinguish either party’s obligations undertaken prior to the effective date of expiration/termination, including, without limitation, payment obligations.
- If you are paying by credit card and your credit card is declined, invalid, or payment is not made by the issuer of your credit card on your subscription date, Dove Communications Inc. reserves the right, without prior notice, to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.
- Payment. If purchasing anything, you are responsible for ensuring your payment method is valid. We only accept payment by credit or debit card, or direct payments by your bank account. Your subscription to the Service authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice from you terminating our authority to charge your credit or debit card. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity. Charges include activation fees; monthly Service fees; international usage charges; advanced feature charges; equipment purchases; termination fees; and shipping and handling charges. Dove Communications Inc. can increase fixed monthly fees up to a maximum of 15% per year to account for increased costs.
- Collection. If your Service is terminated, you will remain fully liable to us for all collection costs, including attorney fees.
- Taxes. You are responsible for all applicable taxes or charges that arise your subscription to the Service. If you are exempt from payment of such taxes, you must provide us with a valid certificate.
- Money Back Guarantee. We will refund the activation fee and monthly charge for first month of Service provided that: (i) you have not exceeded 1000 minutes of usage; and (ii) you cancel your Service within the 30-day period. A 30-day money back guarantee applies from the date of activation of Service, only to the first ordered service package, not to additional or secondary orders.
- Charges. If you use any toll-free feature that we offer now or in the future, we will be entitled to recover from you any charges imposed on us either directly or indirectly in connection with toll free calls. We charge $1.50 for each call made to Dove Communications Inc. directory assistance. We charge 3.9 cents per minute, or your then current domestic per minute rate if lower than 3.9 cents per minute, for each caller who calls into your conference bride. The per minute usage fee will be calculated based on all participants on the conference bridge, including on-network and off-network participants.
- Regulatory Recovery Fee. A regulatory recovery fee shall be charged monthly to offset costs incurred by Dove Communications Inc. in complying with inquiries and obligations imposed by government regulators and the related legal and billing expenses.
- Reinstatement Fee. Reinstating any service deactivated for non-payment of fees shall incur a reinstatement fee up to $25.
- Late Fee. Past due accounts are subject to a late fee of 1.5% per month or the highest rate allowed by law, whichever is less. The late fee will be added to invoices that are not paid by the last day of the following month. We will pursue collection for unpaid amounts on past due accounts and may report these unpaid charges to credit bureaus.
- Returns. No merchandise will be accepted for return or credit without our express prior approval. All returned merchandise is subject to a 25% handling charge/restocking fee.
- Termination. In order to terminate the Service, contact us at [email protected] or fax to (213) 234-2502, Attn: Service We reserve the right to suspend, terminate or disconnect any part of Service provided to you at any time if we have reasonable basis to believe that:
- You are using, or intend to use, any part of our Service in violation of any applicable law(s), including, without limitation, privacy laws.
- You have materially breached the Terms.
- We are legally required to do so by a law enforcement or other government order.
- It is necessary to protect, maintain, or improve the Service, to prevent injuries, fraud, misrepresentation, to protect other users or public.
If we discontinue the Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated because of your material breach of these Terms, you will be responsible for 100% of the fees you would have had to pay for the remaining order term for all terminated orders. , including, without limitation, unbilled charges and termination fee.
- Billing Disputes. You must notify us in writing within seven (7) days after receiving your credit or debit card statement if you dispute any Dove Communications Inc. charges on that statement or you will be deemed to have waived any right to contest such charges. All billing disputes should be sent to:
Dove Communications -Billing Department
1374 E 41 ST, Los Angeles, CA, 90014
- ACCEPTABLE USE POLICY
By using/visiting our Service, you represent and agree that:
- You are of legal age and have a full capacity to enter into a legally binding agreement, such as these Terms.
- All Service plans are subject to reasonable use which means that your use of the Service shall not impair Dove Communications Inc.’s ability to provide the Service to other users.
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
- If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments, or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
- You will not use our Service in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone’s private information without consent, pyramid schemes, multilevel marketing, “get rich quick” offerings, encouragement of violence.
- You will ask for our permission before copying anything from our Service for republication.
- You will not use our Service for anything illegal.
- We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
- Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Service.
- You will not impede the proper functioning of this Service.
- REASONABLE USE LIMITATIONS
Unusually high usage of the Service attributable to individual Accounts may impair Dove Communications Inc.’s ability to provide the Services and/or indicate misuse of the Services. Accordingly, for all Service plans, reasonable use means that your use of the Service does not materially impair Dove Communications Inc.’s ability to provide the Service to other users.
- UNLIMITED PLANS
Unlimited plans are for normal reasonable residential or business use. They cannot be used for high volume operations such as call centers, autodialing, fax blasting, telemarketing, spamming, etc. If your use exceeds the monthly minutes per line used by 98% of Dove Communications Inc. users (currently estimated at 1,000 minutes per billable line), then additional charges would apply. Each VoIP device includes one Call Path; Dove Communications reserves the right to charge for burst call paths usage exceeding the number of the client’s devices/services. Dove Communications Inc. reserves the right to review and monitor your usage of your unlimited plan at any time. We reserve the right to modify, suspend, terminate, disconnect or take any other reasonable action for excessive usage.
You cannot use or disclose any confidential information relating to our business, other Service users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information.
- PASSWORDS; AUTHORIZED PERSONNEL
You are responsible for maintaining secure passwords on all devices, including all mobile devices. You shall adopt a password policy that requires changing passwords on a regular basis, prohibits sharing passwords, and sanctions if the policy is violated. Dove should not be respobsible for hackers stealing confidential info even if the customer has a strong password policy in place. You shall provide Dove Communications Inc. a current list of employees or representatives permitted to make changes to your account such as addition, modification, deletion of users and/or services. Changes may have an impact on billing. Your failure to prevent unauthorized persons making changes may cause you harm. It is your responsibility to provide and continuously update the current “Authorized Personnel” listing on file with Dove Communications Inc.
- DATA LOSS PREVENTION AND RECOVERY
Dove Communications Inc. utilizes commercially reasonable efforts to protect against the loss of customer data that is maintained on our infrastructure. Data loss prevention and recovery is provided with (i) restoration and recovery times for protected customer data, subject to a variety of circumstances such as customer data change rates, and the total volume of protected customer data requested to be recovered and restored. Should our systems perceive any excessive, unusual or abnormal recovery and restoration requests from customer, Dove Communications Inc. expressly reserves the right to require customer to modify, alter or adopt designated procedures to address the identified issues. Historic images of the customer data for customers using backup services are retained as agreed to by Dove Communications Inc. and customer in an order form. In the absence of such an order or any signed addendum, Dove Communications Inc. will retain the daily backups of customer’s protected data for 3 days. Customer may initiate recovery and restoration requests from these backup data sets. Customer acknowledges and accepts that we cannot guarantee that data included in backups is free from corruption or the presence of malware.
- BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from this Service; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
- ARBITRATION; CLASS ACTION WAIVER
- Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, CA. The arbitration shall be governed by the laws of California. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using this Service, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
- Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
- APP STORES
- Apple. By downloading this Service from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- Apple is not a party to these Terms. Apple is not responsible for this Service or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to this Service.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install this Service on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions.
- In the event of any failure of this Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for this Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Service.
- Apple is not responsible for addressing any claims by you or a third party relating to this Service or your possession or use of this Service, including without limitation (a) product liability claims; (b) any claim that this Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that this Service or your possession and use of this Service infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
- Google Play. By downloading this Service from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms and Conditions and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of this Service that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.
- Errors. All digital or clerical errors are subject to correction by Dove Communications. Dove Communications attempts to ensure that all correspondence is complete and current. Dove Communications reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to customer. Further, Dove Communications reserves the right to refuse or cancel any service orders (including without limitation any service orders containing any error, inaccuracy, or omission) at any time and for any reason whatsoever whether or not the order has been submitted, confirmed, and/or customer’s credit card has been charged. If customer’s credit card has been charged for the invoice and customer’s order is canceled by Dove Communications, Dove Communications shall promptly issue a credit to customer’s account or whatever form of payment was used.
- Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement. We reserve the right to use subcontractors.
- Hyperlinks. Linking to our Service is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
- Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
- Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
- Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.