ZELPHONE Terms of Service

ZELPHONE TERMS OF SERVICE dated as on 05/19/2021

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT 

CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY 

REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE  CUSTOMER TO READ THE TERMS AND CONDITIONS 

BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE  TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR  SERVICES.

 

The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and  Zelphone Wholesale, LLC (hereinafter " Zelphone"), a company duly organized and validly existing,  located at 2400 N Tenaya Way STE 150, Las Vegas, Nevada 89128. This Agreement annuls and voids all  previous agreements.
 

OVERVIEW 

The Site (zelphone.com) is operated by Zelphone. Throughout the Site, the terms "we", "us" and "our"  refer to Zelphone. Zelphone offers this Site, including all information, tools and services available from  this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices  stated here. 

By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be  bound by the following terms and conditions, including those additional terms and conditions and policies  referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including  without limitation users who are browsers, vendors, customers, merchants, and/or contributors of  content. In the event of an inconsistency between this Agreement and any additional terms or policies  referenced herein, the provisions of the additional terms or policies shall control. 

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the  Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then  you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is  expressly limited to these Terms. 

Any new features or tools which are added to the current store shall also be subject to the Terms. You  can review the most current version of the Terms at any time on this page. We reserve the right to update,  change or replace any part of these Terms by posting updates and/or changes to our Site. It is your  responsibility to check this page periodically for changes. Your continued use of or access to the Site  following the posting of any changes constitutes acceptance of those changes.
 

SECTION 1 - GENERAL TERMS 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or  province of residence, or that you are the age of majority in your state or province of residence, and you  have given us your consent to allow any of your minor dependents to use this Site. 

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of  our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your account and right  to use our Service. 

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any  time and for any reason without giving you any prior notice: 

1. Restrict, suspend or terminate your access to all or any part of our Site. 

2. Change, suspend or discontinue all or any part of our products or Site. 

3. Refuse, move, or remove any content that is available on all or any part of our Site. 4. Deactivate or delete your accounts. 

5. Establish general practices and limits concerning use of our Site. 

You agree that we will not be liable to you or any third party for taking any of these actions. 

You understand and agree that our Site may include communications such as service announcements and  administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. 

You understand that your content (not including credit card information), may be transferred  unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt  to technical requirements of connecting networks or devices. Credit card information is always encrypted  during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site,  or access to the Site or any contact on the Site, without express written permission by us. 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Zelphone content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any  protected content, and in particular you will not delete or alter any proprietary rights or attribution  notices in any content. You will use protected content solely for your personal use and will make no other  use of the content without the express written permission of Zelphone and the copyright owner. You  agree that you do not acquire any ownership rights in any protected content. We do not grant you any  licenses, express or implied, to the intellectual property of Zelphone or our licensors except as expressly  authorized by these Terms.
 

SECTION 2 - CREATING AN ACCOUNT 

Once you create an account with us, you are registered on the Zelphone Site. The terms "member,"  "membership," and "account" all refer to this registration as a member on Zelphone's Site. If you are  merely surfing or browsing through the Site and have not yet created an account, your use of the Site is  still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. 

When you create an account, you will provide a unique username and email. We will also ask you to  create a password. Because any activities that occur under your username or password are your  responsibility it is important for you to keep your username and/or password secure. You may not assign  or otherwise transfer your account to any other person or entity. You acknowledge that Zelphone is not  responsible for third party access to your account that results from theft or misappropriation of your  account. Notify us immediately if you believe that someone has used your username, email, or password  without your authorization. 

Furthermore, the registering party hereby acknowledges, understands and agrees to: 

a) furnish factual, correct, current and complete information with regards to yourself as may  be requested by the data registration process, and 

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,  Zelphone Wholesale, LLC will have sufficient grounds and rights to suspend or terminate the member in  violation of this aspect of the Agreement, and as such refuse any and all current or future use of Zelphone  Wholesale, LLC Services, or any portion thereof. 
 

SECTION 3 - CONDUCT 

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,  software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or  privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the  content originated. In short, this means that you are solely responsible for any and all content posted,  uploaded, emailed, transmitted or otherwise made available by way of the Zelphone Services, and as such,  we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by  use of our Services, you may be exposed to content including, but not limited to, any errors or omissions  in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content  posted, emailed, transmitted or otherwise made available by Zelphone. 

Furthermore, you herein agree not to make use of Zelphone Wholesale, LLC's Services for the purpose of: a) uploading, posting, emailing, transmitting, or otherwise making available any content

that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,  vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially,  ethnically, or otherwise objectionable. 

b) causing harm to minors in any manner whatsoever. 

c) impersonating any individual or entity, including, but not limited to, any Zelphone officials,  forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation  with an individual or entity. 

d) forging captions, headings or titles or otherwise offering any content that you personally have  no right to pursuant to any law nor having any contractual or fiduciary relationship with. 

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may  infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights  of any other party. 

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not  personally have any right to offer pursuant to any law or in accordance with any contractual or  fiduciary relationship. 

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or  unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of  solicitation, except in any such areas that may have been designated for such purpose. 

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain  a software virus or other computer code, any files and/or programs which have been designed  to interfere, destroy and/or limit the operation of any computer software, hardware, or  telecommunication equipment. 

i) disrupting the normal flow of communication, or otherwise acting in any manner that would  negatively affect other users' ability to participate in any real time interactions. 

j) interfering with or disrupting any Zelphone Wholesale, LLC Services, servers and/or networks  that may be connected or related to our website, including, but not limited to, the use of any  device software and/or routine to bypass the robot exclusion headers. 

k) intentionally or unintentionally violating any local, state, federal, national or international law,  including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities  and Exchange Commission, in addition to any rules of any nation or other securities exchange,  that would include without limitation, the New York Stock Exchange, the American Stock  Exchange, or the NASDAQ, and any regulations having the force of law. 

l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a 

"foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality  Act. 

m) "stalking" or with the intent to otherwise harass another individual; and/or 

n) collecting or storing of any personal data relating to any other member or user in connection  with the prohibited conduct and/or activities which have been set forth in the aforementioned  paragraphs. 

Zelphone Wholesale, LLC herein reserves the right to pre-screen, refuse and/or delete any content  currently available through our Services. In addition, we reserve the right to remove and/or delete any  such content that would violate the Terms, or which would otherwise be considered offensive to other  visitors, users and/or members. 

Zelphone Wholesale, LLC herein reserves the right to access, preserve and/or disclose member account  information and/or content if it is requested to do so by law or in good faith belief that any such action is  deemed reasonably necessary for: 

a) compliance with any legal process. 

b) enforcement of the Terms. 

c) responding to any claim that therein contained content is in violation of the rights of any third  party. 

d) responding to requests for customer service; or 

e) protecting the rights, property or the personal safety of Zelphone Wholesale, LLC, its visitors,  users and members, including the general public. 

Zelphone Wholesale, LLC herein reserves the right to include the use of security components that may  permit digital information or material to be protected, and that such use of information and/or material  is subject to usage guidelines and regulations established by Zelphone Wholesale, LLC or any other  content providers supplying content services to Zelphone Wholesale, LLC. You are hereby prohibited from  making any attempt to override or circumvent any of the embedded usage rules in our Services.  Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or  materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. 
 

SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE 

Due to the global nature of the internet, through the use of our network you hereby agree to comply with  all local rules relating to online conduct and that which is considered acceptable content. Uploading,  posting and/or transferring of software, technology and other technical data may be subject to the export  and import laws of the United States and possibly other countries. Through the use of our network, you 

thus agree to comply with all applicable export and import laws, statutes and regulations, including, but  not limited to, the Export Administration Regulations  (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the  United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).  Furthermore, you state and pledge that you: 

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report 

(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any  other government which may be part of an export-prohibited country identified in applicable  export and import laws and regulations. 

b) agree not to transfer any software, technology or any other technical data through the use  of our network Services to any export-prohibited country. 

c) agree not to use our website network Services for any military, nuclear, missile, chemical  or biological weaponry end uses that would be a violation of the U.S. export laws; and 

d) agree not to post, transfer nor upload any software, technology or any other technical data  which would be in violation of the U.S. or other applicable export and/or import laws. 
 

SECTION 5 - SUBMITTED CONTENT 

Zelphone Wholesale, LLC shall not lay claim to ownership of any content submitted by any visitor,  member, or user, nor make such content available for inclusion on our website Services. Therefore, you  hereby grant and allow for Zelphone Wholesale, LLC the below listed worldwide, royalty-free and non exclusive licenses, as applicable: 

a) The content submitted or made available for inclusion on the publicly accessible areas of  Zelphone Wholesale, LLC's Sites, the license provided to permit to use, distribute, reproduce,  modify, adapt, publicly perform and/or publicly display said Content on our network Services is for  the sole purpose of providing and promoting the specific area to which this content was placed  and/or made available for viewing. This license shall be available so long as you are a member of  Zelphone Wholesale, LLC's sites, and shall terminate at such time when you elect to discontinue  your membership. 

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Zelphone Wholesale, LLC's sites, the license provided to permit to use,  distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our  network Services are for the sole purpose of providing and promoting the specific area in which  this content was placed and/or made available for viewing. This license shall be available so long  as you are a member of Zelphone Wholesale, LLC's sites and shall terminate at such time when  you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible  areas of Zelphone Wholesale, LLC's sites, the continuous, binding and completely sub-licensable  license, which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate,  publicly perform and/or publicly display said content, whether in whole or in part, and the  incorporation of any such Content into other works in any arrangement or medium current used  or later developed. 

Those areas which may be deemed "publicly accessible" areas of Zelphone Wholesale, LLC's Sites are  those such areas of our network properties which are meant to be available to the general public, and  which would include message boards and groups that are openly available to both users and members.  However, those areas which are not open to the public, and thus available to members only, would include  our mail system and instant messaging. 
 

CONTRIBUTIONS TO COMPANY WEBSITE 

Zelphone Wholesale, LLC may provide an area for our user and members to contribute feedback to our  website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that: 

a) your contributions do not contain any type of confidential or proprietary information. 

b) Zelphone shall not be liable or under any obligation to ensure or maintain confidentiality,  expressed or implied, related to any Contributions. 

c) Zelphone shall be entitled to make use of and/or disclose any such Contributions in any such  manner as they may see fit. 

d) the contributor's Contributions shall automatically become the sole property of Zelphone; and 

e) Zelphone is under no obligation to either compensate or provide any form of reimbursement in  any manner or nature. 
 

SECTION 6 - INDEMNITY 

All users and/or members agree to insure and hold Zelphone Wholesale, LLC, our subsidiaries, affiliates,  agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,  which may include, but is not limited to, reasonable attorney fees made by any third party which may  arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise  make available through our Services, the use of Zelphone Services or your connection with these Services,  your violations of the Terms of Service and/or your violation of any such rights of another person. 
 

SECTION 7 - COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any  commercial reason any part, use of, or access to Zelphone's sites. 
 

SECTION 8 - MODIFICATIONS 

Zelphone Wholesale, LLC reserves the right at any time it may deem fit, to modify, alter and or discontinue,  whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In  addition, we shall not be held liable to you or to any third party for any such alteration, modification,  suspension and/or discontinuance of our Services, or any part thereof. 
 

SECTION 9 - TERMINATION 

As a member of zelphone.com, you may cancel or terminate your account, associated email address  and/or access to our Services by submitting a cancellation or termination request to. 

As a member, you agree that Zelphone Wholesale, LLC may, without any prior written notice, immediately  suspend, terminate, discontinue and/or limit your account, any email associated with your account, and  access to any of our Services. The cause for such termination, discontinuance, suspension and/or  limitation of access shall include, but is not limited to: 

a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or  guideline. 

b) by way of requests from law enforcement or any other governmental agencies. c) the discontinuance, alteration and/or material modification to our Services, or any part thereof. d) unexpected technical or security issues and/or problems. 

e) any extended periods of inactivity. 

f) any engagement by you in any fraudulent or illegal activities; and/or 

g) the nonpayment of any associated fees that may be owed by you in connection with your  zelphone.com account Services. 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or  limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you  or any other third party with regards to the termination of your account, associated email address and/or  access to any of our Services. 

The termination of your account with zelphone.com shall include any and/or all of the following:

a) the removal of any access to all or part of the Services offered within zelphone.com. 

b) the deletion of your password and any and all related information, files, and any such content  that may be associated with or inside your account, or any part thereof; and 

c) the barring of any further use of all or part of our Services. 
 

SECTION 10 - LINKS 

Either Zelphone Wholesale, LLC or any third parties may provide links to other websites and/or resources.  Thus, you acknowledge and agree that we are not responsible for the availability of any such external  sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,  products, advertising or any other materials, on or available from such third-party sites or resources.  Furthermore, you acknowledge and agree that Zelphone Wholesale, LLC shall not be responsible or liable,  directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be  caused by or in connection with the use of or the reliance on any such content, goods or Services made  available on or through any such site or resource. 
 

SECTION 11 - PROPRIETARY RIGHTS 

You do hereby acknowledge and agree that Zelphone Wholesale, LLC's Services and any essential software  that may be used in connection with our Services ("Software") shall contain proprietary and confidential  material that is protected by applicable intellectual property rights and other laws. Furthermore, you  herein acknowledge and agree that any Content which may be contained in any advertisements or  information presented by and through our Services or by advertisers is protected by copyrights,  trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly  permitted by applicable law or as authorized by Zelphone Wholesale, LLC or such applicable licensor, you  agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or  created any plagiaristic works which are based on Zelphone Wholesale, LLC Services (e.g., Content or  Software), in whole or part. 

Zelphone Wholesale, LLC hereby grants you a personal, non-transferable and non-exclusive right and/or  license to make use of the object code or our Software on a single computer, as long as you do not, and  shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse  engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell,  assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.  Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and  as such, not to use any modified versions of the Software, including and without limitation, for the  purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt  to access our Services through any means other than through the interface, which is provided by Zelphone  Wholesale, LLC for use in accessing our Services. 
 

SECTION 12 - WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: 

a) THE USE OF ZELPHONE WHOLESALE, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK  BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED 

ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ZELPHONE WHOLESALE, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS 

AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES  OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

b) ZELPHONE WHOLESALE, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,  PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) 

ZELPHONE WHOLESALE, LLC SERVICES OR SOFTWARE WILL MEET YOUR 

REQUIREMENTS; (ii) ZELPHONE WHOLESALE, LLC SERVICES OR SOFTWARE 

SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH 

RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ZELPHONE 

WHOLESALE, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE. 

(iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY  BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR  EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE  CORRECTED. 

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF  ZELPHONE WHOLESALE, LLC SERVICES OR SOFTWARE SHALL BE 

ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU 

SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS 

AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA  THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. 

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE  OBTAINED BY YOU FROM ZELPHONE WHOLESALE, LLC OR BY WAY OF OR FROM OUR SERVICES OR  SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC  SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR 

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY 

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO 

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, 

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC 

CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE 

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR  MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR  CONVULSIONS.

SECTION 13 - LIMITATION OF LIABILITY 

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ZELPHONE 

WHOLESALE, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, 

AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,  INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 

DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH  WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT  FROM: 

a) THE USE OR INABILITY TO USE OUR SERVICE. 

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES. 

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA. d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE. 

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. 
 

SECTION 14 - RELEASE 

In the event you have a dispute, you agree to release Zelphone Wholesale, LLC (and its officers, directors,  employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from  claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,  suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such  dispute. 
 

SECTION 15 - NOTICE 

Zelphone Wholesale, LLC may furnish you with notices, including those with regards to any changes to the  Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our  website Services, or other reasonable means currently known or any which may be herein after  developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our  Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that  you are deemed to have received any and all notices that would have been delivered had you accessed  our Services in an authorized manner. 
 

SECTION 16 - INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand and agree that all of the Zelphone Wholesale, LLC trademarks,  copyright, trade name, service marks, and other Zelphone Wholesale, LLC logos and any brand features,  and/or product and service names are trademarks and as such, are and shall remain the property of  Zelphone Wholesale, LLC. You herein agree not to display and/or use in any manner the Zelphone  Wholesale, LLC logo or marks without obtaining Zelphone Wholesale, LLC's prior written consent. 

Zelphone Wholesale, LLC will always respect the intellectual property of others, and we ask that all of our  users do the same. With regards to appropriate circumstances and at its sole discretion, Zelphone  Wholesale, LLC may disable and/or terminate the accounts of any user who violates our Terms and/or  infringes the rights of others. If you feel that your work has been duplicated in such a way that would  constitute copyright infringement, or if you believe your intellectual property rights have been otherwise  violated, you should provide to us the following information: 

a) The electronic or the physical signature of the individual that is authorized on behalf of the  owner of the copyright or other intellectual property interest. 

b) A description of the copyrighted work or other intellectual property that you believe has been  infringed upon. 

c) A description of the location of the site which you allege has been infringing upon your work. d) Your physical address, telephone number, and email address. 

e) A statement, in which you state that the alleged and disputed use of your work is not authorized  by the copyright owner, its agents or the law. 

f) And finally, a statement, made under penalty of perjury, that the aforementioned information  in your notice is truthful and accurate, and that you are the copyright or intellectual property  owner, representative or agent authorized to act on the copyright or intellectual property  owner's behalf. 

The Zelphone Wholesale, LLC agent for notice of claims of copyright or other intellectual property  infringement can be contacted as follows: 

Mailing Address: 

Zelphone Wholesale, LLC 

Attn: Copyright Agent 

2400 N Tenaya Way STE 150 

Las Vegas, Nevada 89128 

Telephone: 702-525-1505 

Email: sales@zelphone.com
 

SECTION 17 - ENTIRE AGREEMENT 

This Agreement constitutes the entire agreement between you and Zelphone Wholesale, LLC and shall  govern the use of our Services, superseding any prior version of this Agreement between you and us with  respect to Zelphone Wholesale, LLC Services. You may also be subject to additional terms and conditions  that may apply when you use or purchase certain other Zelphone Wholesale, LLC Services, affiliate  Services, third-party content or third-party software. 

  

SECTION 18 - CHOICE OF LAW AND FORUM 

It is at the mutual agreement of both you and Zelphone Wholesale, LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Nevada  without regard to its conflict of law provisions and that any and all claims, causes of action and/or  disputes, arising out of or relating to the Agreement, or the relationship between you and Zelphone  Wholesale, LLC, shall be filed within the courts having jurisdiction within the County of Clark County,  Nevada or the U.S. District Court located in said state. You and Zelphone Wholesale, LLC agree to submit  to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the  exercise of jurisdiction over the parties by such courts and to venue in such courts. 
 

SECTION 19 - WAIVER AND SEVERABILITY OF TERMS 

At any time, should Zelphone Wholesale, LLC fail to exercise or enforce any right or provision of the  Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this  Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that  the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the  other provisions of the Agreement remain in full force and effect. 
 

SECTION 20 - NO RIGHT OF SURVIVORSHIP  NONTRANSFERABILITY 

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID  and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death  certificate, your account may be terminated, and all contents therein permanently deleted. 
 

SECTION 21 - STATUTE OF LIMITATIONS 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim  or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s)  after said claim or cause of action arose or shall be forever barred.
 

SECTION 22 - VIOLATIONS 

Please report any and all violations of this Agreement to Zelphone Wholesale, LLC as follows: 

Mailing Address: 

Zelphone Wholesale, LLC 

2400 N Tenaya Way STE 150 

Las Vegas, Nevada 89128 

Telephone: 702-525-1505 

Email: sales@zelphone.com 
 

SECTION 23 - GOVERNMENT REQUESTS 

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or  to ensure the integrity and operation of our business and systems, we may access and disclose any  information we consider necessary or appropriate, including and without limitation, your information, IP  address, and usage history. Our right to disclose any such information is governed by the terms of our  Privacy Policy. 
 

SECTION 24 - FOREIGN ACCESS OF SITE 

The Site is controlled, operated and administered by Zelphone from our offices within the USA. If you  access the Site from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use Zelphone's content accessed through the Site in any country or in any  manner prohibited by any applicable laws, restrictions or regulations. 
 

SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or  omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges,  transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to  change or update information or cancel orders if any information on the Site or on any related Site is  inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information on the Site or on any related Site,  including without limitation, pricing information, except as required by law. No specified update or refresh  date applied on the Site or on any related Site, should be taken to indicate that all information on the Site  or on any related Site has been modified or updated.
 

SECTION 26 - PRIVACY POLICY 

Every member's registration data and various other personal information are strictly protected by the  Zelphone Wholesale, LLC Online Privacy Policy (see the full Privacy Policy at). As a member, you herein  consent to the collection and use of the information provided, including the transfer of information within  the United States and/or other countries for storage, processing or use by Zelphone Wholesale, LLC  and/or our subsidiaries and affiliates.