THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF THIS WEB SITE SERVICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
IN ANY WAY TO THE WORK THAT WE (IROUTE, INC., REFERENCED HEREIN AS “IROUTE”) PERFORM FOR YOU AND/OR ANY SERVICE THAT WE PROVIDE YOU, INCLUDING BUT NOT LIMITED TO THE INSTALLATION OR PROVISION OF (OR FAILURE TO PROVIDE) INTERNET SERVICES AND/OR THE EQUIPMENT RELATED TO SAME: (A) OUR LIABILITY TO YOU FOR FAILURE TO PROVIDE SERVICES SHALL NOT EXCEED THE AMOUNT THAT YOU OWE EITHER OF US FOR ANY PERIOD DURING WHICH SERVICE IS SUPPOSED TO BE PROVIDED TO YOU BUT IS NOT; (B) IN NO EVENT (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER GROUNDS FOR A CLAIM) SHALL EITHER IROUTE OR USA WIRELESS BE LIABLE TO YOU, AND EACH OF US EXPRESSLY EXCLUDE AND DISCLAIM LIABILITY, FOR DAMAGAGES THAT ARE CONSEQUENTIAL, INCIDENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE.
This Web site is available 24 hours a day, 7 days a week. The site allows you to make electronic payments with credit cards and debit cards. These Terms and Conditions govern your use of this Web site. By using the Web site, you are consenting to these Terms and Conditions. If you access this Web site from any non-U.S. territory, please note that you do so at your own risk and are responsible for compliance with any local laws. Individuals, organizations and businesses are free to use our Web site for any lawful, worthy and ethical purpose, except as limited by these Terms and Conditions. Users with "robots," "spiders," or other automated programs may visit our Web site, but are prohibited from resending or redirecting information without our written permission.
In this Agreement, "you" and "your" refer to the user of the Web site account. If such user is an authorized agent of a disclosed principal in whose name the Account has been established, then "you" and "your" refer to such principal. The words "we," "our" and "us" refer to Iroute Inc DBA 12Global.com (the “12Global"). "Account" refers to credit card or debit card account you designate as the payment account. "Financial Institution" refers to the bank or card issuer, which holds or issues your Account. "Agreement" refers to the terms and conditions stated below, or as amended by us from time to time. "Business Days" means Monday through Friday, except for holidays.
We disclaim, for our vendors and ourselves all warranties, either expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. In no event will we or any of our vendors be liable for (a) errors caused by you, including but not limited to incorrect or incomplete Account or property address information, or (b) to the fullest extent permitted by applicable law, any and all damages, including indirect, special, incidental or consequential damages including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy, arising out of or in any way related to your use of, or inability to use, this Web site. These Terms and Conditions do not create any contractual relationship of any kind among any of our vendors and you. Accordingly, in no event will any of our vendors be liable to you under any circumstances with respect to your use of, or inability to use, this Web Site. In addition, in no event will we be liable for any act or omission of any third party, including but not limited to your Financial Institution, any payment system, or any provider of telecommunications services, Internet access or computer equipment or software, or for any circumstances beyond our control including, but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services. We are not liable for delays caused by the mail or any payment or clearinghouse system.
By agreeing to these terms and conditions, you acknowledge that 12Global will receive certain personal information when you pay with your credit card, debit card, and that you are voluntarily providing this information to us. 12Global will not rent, sell or otherwise make available to any third party any information that identifies you or payments you make through the Web site, other than to process the transaction requested by you or comply with applicable law, rule or regulation.
To process your payment securely, we use SSL (Secure Sockets Layer), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that account numbers and personal data you provide by using this Web site are not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. Although we work hard to keep this Web site secure, transferring information over the Internet cannot be guaranteed to be 100% secure.
The Credit Card and Debit Card payment service is an Internet-based service that allows you to make payments to 12Global via the World Wide Web. In activating this service you authorize 12Global or its authorized agent to debit or charge your account which allows your payment to be forwarded to us, based on the payment instructions you provide on the Web site, subject to these Terms and Conditions.
You must be of legal age to use our Web site. Payment must be made in U.S. dollars. You agree not to make a payment on our site that exceeds the funds or available credit line in your Account. If you do, we have no obligation to complete the transaction and you agree that we may debit your Account for our returned item fee or other similar fee. Other limitations may apply and can be found on the Web site. Your use of your Account may be limited by your agreement with your Financial Institution and by applicable law. We are not responsible for not completing a transaction as a result of any such limit on your Account, and we are not responsible if your Financial Institution fails to honor any debit against your Account. At our sole discretion, we may refuse to complete any transaction, which we have reason to believe is not made by you, may violate any law, rule or regulation, or if we have reasonable cause not to honor it. You may not authorize us in advance to make future payments, or payments that are expected to recur at regular intervals.
Communications to us via this Web site shall in no way be deemed to constitute legal or official notice to Iroute Inc DBA 12Global.com, its agencies, officers, employees, representatives or agents with respect to any existing, pending or future claim or cause of action against Iroute Inc. or any of its agencies, officers, employees, representatives or agents where notice is required by Federal, State or local law. Nor shall communications toIroute Inc. via this Web site be deemed to constitute legal or official notice for any other purpose. We ask all Web site users to use appropriate names and language in the name spaces, address spaces and other spaces (if any) provided on the Web site. Users are prohibited from using false Email addresses. Iroute Inc. does not endorse the viewpoints or vouch for the accuracy or authenticity of electronic data or information available via the Internet.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE CITY OF CHICAGO AND STATE OF ILLINOIS, AND THE FEDERAL GOVERNMENT WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS, RULES OF SUCH STATE.
You agree to consent to the personal jurisdiction of any Chicago or federal court located within Cook County, Illinois in any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms and Conditions or your use of the Web site or the electronic payment service, so long as such court shall have subject matter jurisdiction over such suit, action or proceeding. You further agree that any cause of action arising out of these Terms and Conditions, or your use of the Web site or the electronic payment service, shall be deemed to have arisen from a transaction of business in the State of Illinois.
We may amend these Terms and Conditions from time to time. In such event, we will post the amended terms on the Web site. If you use the Web site after we post such a change on our Web site, it will constitute your agreement to the revised terms. You should terminate the use of this Web site if you do not agree with any such amendment.
You shall remain liable for all transactions you initiated through this Web site, and the payment of all amounts you owe. You agree to pay all costs and expenses that we may incur in order to collect any amounts you owe under these Terms and Conditions. An agent of a person in whose name an Account has been established warrants that it is duly authorized to use this service on behalf of the principal and that to the best of his or her knowledge and information the representations made on behalf of the principal are true and correct.
These Terms and Conditions constitute the full agreement between the Customer and 12Global related to the use of this Web site. If any provision of these Terms and Conditions is held invalid or unenforceable, all other provisions will remain in full force and effect. 12Global may choose not to exercise or to delay enforcement of any of our rights under these Terms and Conditions without losing them.