Terms & Conditions

1. Introduction

   This Website provides information and material of a general nature about Phone Actress^® and the products and
   services it offers. We provide this information for informational purpose only. You should not rely on this
   Website for advice of any nature. We are not responsible for the actions, decisions, or other behavior you take
   or do not take in reliance on this Website. You act at your own risk in relying on the contents of this
   Website.Phone Actress® may change these terms, and any policies or agreements incorporated in these terms, on
   one or more occasions. Any changes will become effective on posting to the Website, but will not operate
   retroactively. Your use of this Website after we have made the changes forms your acceptance of these terms as
   last updated. If you do not agree to these terms as last updated, you must not access this Website anymore. For
   more information about changes, please see section 23.3 below.

2. Scope of Terms

   These terms apply to the Website located at https://www.phone-actress.com/, including any mobile website and
   application. These terms also apply to any online resources, materials, download areas, tools, and interactive
   features provided on the Website, including blogs, community forums, chat rooms, discussion websites, knowledge
   centers, and product and service offerings information, both now and in the future. Phone Actress® may also
   publish specific terms, including an affiliate agreement, in which event, these terms will remain in effect to
   the extent that they do not conflict with the specific terms. These terms do not change the terms of any other
   agreement you may have with Phone Acrtress®, or its subsidiaries or affiliates, for products, services, or
   otherwise.

3. Eligibility

   Phone Actress® limits access to this Website and its products and services to users who are at least 18-years
   old. By accessing this Website, you state that you are (1) at least 18-years old and (2) have the legal
   capacity to agree to these terms and to perform the acts required of you by these terms. If you access this
   Website on behalf of an entity, you also state that you have authority to accept these terms for that entity
   and that the entity will indemnify Phone Actress® for any breach of these terms.

4. Account

   1. Account Creation. You must complete the registration process by providing us
      with accurate information as prompted by the registration form. You also will choose a password and a
      user name.
   2. Responsibility for Account. You are entirely responsible for maintaining the
      confidentiality of your password and account. Further, you are entirely responsible for all activities
      that occur under your account. You will promptly notify us of any unauthorized use of your account or
      any other breach of security.
   3. Liability for Account Misuse. We will not be liable for any loss that may
      incur as a result of someone else using your password or account, either with or without your
      knowledge. You will be held liable for loss incurred by us or another party due to someone else using
      your account or password.
   4. Use of Other Accounts. You will not use anyone else’s account at any time,
      without the permission of the account holder.
   5. Account Security. We care about the integrity and security of your personal
      information. But we cannot guarantee that unauthorized third parties will never be able to defeat the
      Website’s security measures or use any personal information you provide to us for improper purposes.
      You acknowledge that you provide your personal information at your own risk.

5. Ownership of Content; Limited License

   • We own or have the license to use:
     • the Website, including its past, present, and future versions;
     • all webpages found within the Website;
     • all the material and information on the Website;
     • all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and
     • all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration.

     United States intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade
     secret, international treatises, and various other intellectual property and unfair competition laws protect this
     Website and its content. In using the Website or the content, you will comply with all intellectual property laws, and
     any specific notices contained on the Website.

   • We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content
     according to these terms. By “access,” we mean visit the Website, use its services,
     and view or download its content. “Content” includes the text, software, scripts,
     graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials
     found on this Website.
   • The license granted in section 5.2 does not include any of the following: (1) resale or commercial use of the
     Website; (2) distribution, public performance, or public display of the Website or the content; (3) changing or
     otherwise making any derivative uses of the Website and the content, or any part of the Website or the content,
     unless we specifically authorize change or derivative use in a separate written agreement with you; (4) use of
     any data mining, robots, or similar gathering or extraction methods; (5) downloading (other than webpage
     caching) any portion of the Website or the content except as permitted on the Website; or (6) any other use of
     the Website or the content other than for its intended purpose. Your license to access the Website does not
     transfer to you ownership of or title to a copy of any content that you view or print, and we only authorize
     you to use your copy according to these terms. If you download or print a copy of the content for your personal
     use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the
     Website or the content except as authorized by these terms will terminate the license granted here.
     Unauthorized use of the Website or the content may also violate intellectual property laws or other laws.
     Unless stated here, nothing in these terms should be construed as conferring any license to intellectual
     property rights, whether by estoppel, implication, or otherwise. We may revoke this license at any time.

6. Trademarks

   The trademarks, service marks, logos, slogans, and domain names (“marks”) referenced on the
   Website, including PHONEACTRESS®, are common-law or registered marks of TeleMainia LLC. United States trademark laws
   and international treaties protect these marks. Other names of actual companies and products mentioned on the Website
   may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or
   association with TeleMainia LLC. Nothing contained on the Website should be construed as granting, by implication or
   otherwise, any license or right to use any marks displayed on the Website, metatags, or any other “hidden text” using
   marks of TeleMainia LLC and its licensors, without advance written permission of TeleMainia LLC or the third party who
   may own the mark.

   You will not reproduce, imitate, or use the Website’s marks in any way that is likely to cause confusion among
   consumers, or in any manner that disparages or discredits the Website or TELEMAINIA LLC. If you do any of this, your
   actions may amount to infringement of TELEMAINIA LLC’s rights or the rights of third parties.

7. Hyperlinking to the Website

   We hereby grant you a limited, nonexclusive, nontransferable license to create a text hyperlink to https://www.phone-actress.com/
   only. You will not use the Phone Actress® logo or any other brand feature to link to the Website. You will not
   hyperlink directly to any other webpage or content within the Website without our advance written permission. We only
   consent to hyperlinks in which the hyperlink and the webpages that are activated by it do not: (1) duplicate the
   content of the Website; (2) frame or create any other border around the content or any webpages on the Website or use
   other techniques that change in any way the visual presentation or appearance of any content within the Website; (3)
   misrepresent your relationship with us or otherwise create a false affiliation, connection, or association with us; (4)
   imply that we approve or endorse you, your website, or your services or product offerings; (5) present a false or
   misleading impression about us or otherwise damage the goodwill associated with our name or marks; (6) use our marks in
   webpage text, metatags, or hidden text to gain higher rankings from search engines; or (7) use our name, marks, colors,
   or other brand features. We may revoke this license at any time. If we revoke this license, you will promptly remove
   all hyperlinks to the Website and stop using our marks. We will disable any unauthorized hyperlinks or frames. We make
   no statements about websites that hyperlink to this Website and will not be liable for the content available on any
   other website that hyperlinks to this Website.

8. Hyperlinks from the Website

   As a convenience to you, the Website may contain hyperlinks to other websites and resources provided by persons
   independent from us. This includes hyperlinks contained in advertisements, including banner advertisements and
   sponsored hyperlinks. We have no control over the contents of those websites or resources, and accept no responsibility
   for them or for any loss or damages that may arise from your use of them, regardless of the hyperlinking form (e.g.,
   hotlinks, hypertext links, IMG links). If you decide to access any of the third party websites linked to this Website,
   you do so at your own risk and subject to the terms and privacy policies posted on those websites. We recommend that
   you review the terms and privacy policies posted on all third-party websites. Regardless, it is your responsibility to
   take all protective measures to guard against viruses or other destructive elements. Hyperlinks or advertisements do
   not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any service
   mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the hyperlinks, or that any
   advertisement or hyperlinked website is authorized to use any TELEMAINIA LLC service mark, trademark, trade name, logo,
   or copyright symbol. We may discontinue linking to any hyperlinked website at any time. Please contact the webmasters
   of any hyperlinked websites about any information, goods, or services appearing on them.

9. Feedback

   We encourage you to give feedback about the Website. But we will not treat as confidential any suggestion or idea given
   by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit
   any feedback, without payment to you.

10. Use of Website

    • We offer this Website only for the use of our current and future customers to provide them with
      information about our company, to permit you to become an affiliate, and to enable you to contact us
      with any questions or comments that you may have.
    • You will only access this Website in accordance with these terms; we prohibit any other use of this
      Website. We may change, limit, or cancel your access if you fail to comply with these terms or any
      other terms.
    • You will not use the Website
      • In any way that violates any federal, state, local, or international law or regulation,
        including any laws about the export of data or software to and from the United States or other
        countries;
      • In any way that exposes us to criminal or civil liability;
      • To infringe on the intellectual property rights of another user or any other person;
      • To engage in false or deceptive advertising or trade practices;
      • To send, or procure the sending of, any advertising or promotional material without our advance written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
      • To impersonate or attempt to impersonate us, an employee, another user, or any other person;
      • To register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any person for any Phone Actress® affiliate program if you are not authorized by that person to do so;
      • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
      • To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (e.g., rights of privacy, etc.) of others, or to publish, post, distribute, or disseminate any defamatory, infringing, obscene, offensive, or unlawful material or information.

      In addition, you will not:

      • • Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website;
        • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
        • Use any manual process to monitor or copy of any of the material on the Website or for any other unauthorized purpose without our advance written consent;
        • Use any device, software, or routine that interferes with or tries to interfere with the proper working of the Website;
        • Reverse engineer or change any part of the Website or the content;
        • Circumvent, disable, or otherwise interfere with security-related features of the Website or any system resources, services, or networks connected to or accessible through the Website;
        • Introduce any viruses, Trojan horses, worms, logic bombs, malware, ransomware, or other material that is malicious or technologically harmful;
        • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or
        • Attack the Website through a denial-of-service attack or a distributed denial-of-service attack.

      You will comply with all laws and regulations, including those relating to the Internet, data, email, privacy, and the
      sending of technical data exported from the United States or the county where you live. We may take appropriate action
      against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and
      cancellation of your account. Unauthorized use of the Website or the content may also violate copyright and trademarks
      laws, the laws of privacy and publicity, and various communications statutes and regulations.

11. Term and Termination; Account Deletion

    • Term. These terms begin on the date you first access the Website and continue as long as you have an account with us.
    • Account Deletion. You may delete your account at any time. We may delete accounts if they remain inactive (that is, you fail to log in) for a continuous period of at least six months.
    • Termination for Breach. We may suspend, disable, or delete your account (or any part of it) if we determine that you have breached any provision of these terms or that your conduct would tend to damage our reputation and goodwill. If we delete your account for any of these reasons, you will not re-register for the Website. We may block your email address and Internet protocol address to prevent further registration.
    • Effect of Termination. On termination, your right to access the Website and all licenses granted by us will terminate.

12. Information About You and Your Visits to the Website

    • All information we collect on this Website is subject to our privacy policy https://www.phone-actress.com/privacy-policy.htm. We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you. By accessing the Website, you consent to all actions taken by us with respect to your information in compliance with the privacy policy.
    • By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.
    • If you are visiting this Website from a country other than the United States, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this Website and communicating electronically with us, you consent to these transfers.

13. Changes to the Website; Availability

    • We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting us at support@telemainia.com.
    • We may withdraw or amend this Website, and any service or material we provide on the Website at any time without notice. While we will try to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. On one or more occasions, we may restrict access to some parts of the Website, or the entire Website, including registered users.

14. Reliance on Information Posted

    • We make the information presented on or through the Website available for general information purposes
      only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance
      you place on this information is strictly at your own risk. We will not be liable for any reliance
      placed on these materials by you or any other visitor to the Website, or by anyone who may be informed
      of any of its contents.
    • This Website may include content provided by third parties, including materials provided by other users
      and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these
      materials, and all responses to questions and other content, other than the content provided by us, are
      solely the opinions and the responsibility of the person providing these materials. These materials do
      not reflect the opinion of TELEMAINIA LLC. We will not be liable to you or any nonparty for the content
      or accuracy of any materials provided by any third parties.

15. Disclaimer of Warranties

    • You acknowledge that we cannot and do not state that files available for downloading from the Internet
      or the Website will be free of viruses or other destructive code. You are responsible for implementing
      sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection
      and accuracy of data input and output, and for keeping a means external to our Website for any
      reconstruction of any lost data. We will not be liable to you for any loss or damage caused by a
      distributed denial-of-service attack, viruses, or other technologically harmful material that might
      infect your computer equipment, computer programs, data, or other proprietary material due to your use
      of the Website or any services or items obtained through the Website or to your downloading of any
      material posted on it, or on any website linked to it.
    • Your use of the Website, its content, and any services or items obtained through the Website is at your
      own risk. We provide the Website, its content, and any services or items obtained through the Website
      “as is,” “with all faults,” and “as available,” without making any warranties, either express or
      implied. We are not making any warranty about the completeness, security, reliability, quality,
      accuracy, or availability of the Website. We are not making any warranties (1) that the Website, its
      content, or any services or items obtained through the Website will be accurate, reliable, error-free,
      or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it
      available are free of viruses or other harmful components; or (4) that the Website or any services or
      items obtained through the Website will otherwise meet your needs or expectations. Nor do we make any
      warranties about any content submitted by any user, any third party’s use of the content that you
      submit, or that we will make available or store on the Website any content you submit.
    • We are not making any warranties—whether express, implied, statutory, or otherwise—including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.

16. Limit of Liability; Release

    • We will not be liable to you for any of the following:
      • Errors, mistakes, or inaccuracies of content;
      • Personal injury or property damage resulting from your access to the Website or improper use of our products;
      • Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, abuse, defamatory, libelous, abusive, invasive of privacy, or illegal;
      • Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
      • Interruption or cessation of transmission to or from the Website or our servers;
      • Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;;
      • Incompatibility between the Website and your other services, hardware, or software;
      • Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
      • Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
    • You hereby release us from all liability arising out of the conduct of other users or nonparties.

17. Exclusion of Damages; Exclusive Remedy

    • Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to
      you for breach-of-contract damages that we could not reasonably have foreseen on entry into these
      terms. Nor will we be liable to you for any indirect, special, punitive, or exemplary
      damages—regardless of theory of liability—arising out of your access or your inability to access the
      Website, the content, or the services. We also will not be liable to you—regardless of theory of
      liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4)
      loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8)
      loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your
      access of or your inability to access the Website, the content, or the services. This exclusion applies
      even if you told us about the possibility of these damages or we knew or should have known about the
      possibility of these damages.
    • If you are dissatisfied with the Website or the services, your exclusive remedy is to stop using the
      Website. Our maximum liability to you for any claim will not exceed claim will not exceed $1.

18. Scope of Disclaimers, Exclusions, and Limits

    The disclaimers, limits, and exclusions set out in sections 15, 16, and 17 apply to the greatest extent allowed by law,
    but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some
    jurisdictions may prohibit the disclaimer of warranties, exclusion of liability for consequential damages, or other
    matters, one or more of the disclaimers, exclusions, or limits may not apply to you.

19. Loss Payment (aka Indemnification)

    • In General. You will pay us for any loss of ours that is caused by (1) your
      access of the Website, (2) your breach of these terms, (3) your violation of rights of a nonparty, or
      (4) your negligent or intentional misconduct. But you are not required to pay to the extent that the
      loss was caused by our intentional misconduct.
    • Definitions
      • Loss means an amount that we are legally responsible for or pay in
        any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive
        relief, staff compensation, a decrease in property value, and expenses for defending against a
        claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A
        loss can be tangible or intangible; can arise from bodily injury, property damage, or other
        causes; can be based on tort, breach of contract, or any other theory or recovery; and includes
        incidental, direct, and consequential damages.
      • A loss is caused by an event if the loss would not have happened
        without the event, even if the event is not a proximate cause of the loss.
    • Our Duty to Notify. If we have your contact information, we will notify you
      before the 15th business day after we know or should reasonably have known of a claim for a loss that
      you might be compelled to pay. Our failure to give you timely notice does not end your obligation,
      except if that failure prejudices your ability to mitigate losses.
    • Legal Defense of a Claim. We have control over defending a claim for a loss
      (including settling it), unless we direct you to control the defense. You and we will cooperate with
      each other in good faith on a claim.
    • No Exclusivity. Our rights under this section do not affect other rights we
      might have.

20. Compliance with Laws

    The owner of the Website is located in the state of Nevada in the United States. We are not making any statement that
    the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may
    not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you
    do so on your own initiative and are responsible for complying with all local laws. You will not use or export anything
    from the Website in violation of U.S. export laws or these terms.

21. Governing Law; Place for Resolving Disputes

    • The laws of the state of Nevada, without giving effect to its principles of conflicts of law, govern
      all matters arising out of these terms or relating to the subject matter of these terms.
    • Except for disputes subject to arbitration, all disputes arising under these terms or your access to
      the Website or the services will be subject to the exclusive jurisdiction and venue of the state and
      federal courts in Las Vegas, Nevada. Each party hereby submits to the personal jurisdiction of the
      state and federal courts in Las Vegas, Nevada to resolve all disputes not subject to arbitration. Each
      party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
    • This Website will be deemed solely based in the state of Nevada and will be deemed a passive website
      that does not give rise to personal jurisdiction over TELEMAINIA LLC, either specific or general, in
      any other jurisdiction.

22. Dispute Resolution

    • In General. Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of (or relating to) the use of the Website.
    • Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process.
    • Mediation. If the parties cannot settle a dispute arising out of (or relating to) the Website or these terms through negotiation after 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR. Mediation will take place in Las Vegas, Nevada. The language of the mediation will be English. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
    • Arbitration. If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of (or relating to) the Website or these terms by arbitration administered by CPR under its Rules for Administered Arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. A single arbitrator will preside over the arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will issue a final award on all issues submitted to the arbitrator. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitration will take place in Las Vegas, Nevada. The language of the arbitration will be English. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator’s right to award costs and fees to the prevailing party under these terms. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of these terms, plus any post-award proceedings. The arbitrator’s authority to grant relief will be subject to the provisions of these terms and the CPR Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms.
    • Right to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.
    • Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section, “prevailing party” means, for any adversarial proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
    • Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of (or relating to) the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
    • Class Action Waiver. The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
    • Limitation on Time to File Disputes. A party will not file a dispute arising out of (or relating to) the Website or these terms more than one year after the cause of action arose. Any dispute brought after one year is barred.

23. Miscellaneous Provisions

    • Entire Agreement. These terms form the entire agreement between you and us for your access to the Website. It supersedes all earlier or contemporaneous agreements between you and us for access to the Website. A printed version of these terms and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
    • Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at support@telemainia.com and we will email you a copy.
    • Changes. We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date noted at the top of the webpage. Changes will not apply to ongoing disputes or to disputes arising out of events happening before the posted changes. It is your responsibility to check the Website periodically to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website or the services after we post changes to these terms, the changes will bind you even if you have not read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@telemainia.com.
    • Assignment and Delegation. We may assign our rights or delegate our obligations under these terms to an affiliate or third party. But you will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this section will be void.
    • No waiver. If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other’s breach of a provision, that waiver is not treated as waiving a later breach of the provision.
    • Severability. If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
    • Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
    • Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
    • Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
      • Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
      • War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
      • Fiber cuts;
      • Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
      • Failure of the telecommunications or information services infrastructure; or
      • Hacking, SPAM, or any failure of a computer, server, network, or software.

    • Notices

      • Sending Notice to Us. You may send notice to us by email, by calling our customer
        service department, or by writing to us using the contact information shown on the Website. We
        will consider an electronic notice received by us only when our server sends a return message
        to you acknowledging receipt. We may change our contact information by posting the change on
        the Website. Please check the contact area of the Website for the most current information for
        sending notice to us.
      • Sending Notice to You­—Electronic Notice. You consent to receive notice from
        us in electronic form by either (1) email to the last known email address we have for you or
        (2) posting the notice on a location on the Website chosen for this purpose. We will consider
        notices sent to you by email received when our email server shows transmission to your email
        address. You state that any email address you gave us is a current and valid email address for
        receiving notice, and that your computer has hardware and software configured to send and
        receive email through the Internet and to print any email message you receive. You may change
        this consent and request paper notice by normal postal delivery, but if you do, we may collect
        the reasonable cost and postage for sending postal notice.
    • Permission to Send Emails to You. You hereby grant us permission to email
      notices, advertisements, and other communications to you, including emails, advertisements, notices,
      and other communications relating to our products and services, which may contain adult oriented
      material, sexual content and language, and images of nudity not suitable for minors. This permission
      will continue until you revoke it by asking us to remove you from our email list.
    • Electronic Communications Not Private. We do not provide facilities for
      sending or receiving confidential electronic communications. You should consider all messages sent to
      us or from us as open communications readily accessible to the public. You should not use the Website
      to send or receive messages you only intend the sender and named recipients to read. Users or operators
      of the Website may read all messages you send to the Website regardless if they are intended
      recipients.
    • Telephone Communications Not Private. You acknowledge that we may on one or
      more occasions call you about your account, and that, for the purposes of all calls, you do not have
      any reasonable expectation of privacy during those calls. You consent to allow us to record the
      entirety of any calls regardless of whether we first ask you on any particular call for consent to
      record that call. You further acknowledge that, to the extent permitted by law, we may submit any
      recording as evidence in any legal proceeding in which we are a party.
    • Electronic Signatures. Any affirmation, assent, or agreement you send through
      this Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other
      similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your
      agreement or consent will be legally binding and enforceable and the legal equivalent of your
      handwritten signature.
    • English language. We have drafted these terms and the privacy policy in the
      English language. We assume that you can read and understand the English language. We are not liable to
      you or any other person for any costs or expenses incurred to translate these terms or the privacy
      policy into another language. The English language version controls over any translated version.
    • Consumer Rights Information—California Residents Only. This provision applies
      only to California residents. In compliance with Section 1789 of the California Civil Code, please note
      the following:

TELEMAINIA LLC
3540 W. Sahara Avenue, Suite 638
Las Vegas, Nevada 89102
877 771-4259

Users who wish to gain access to the customer-only section of the Website must be a customer in good standing.

• Complaints—California Residents. You may contact in writing
  the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at
  1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
• Contact Information. If you have any questions about these terms, please contact us
  by email or regular mail at the following address:

TELEMAINIA LLC
3540 W. Sahara Avenue, Suite 638
Las Vegas, Nevada 89102

support@telemainia.com

24. Usages

    In these terms, the following usages apply:

    • Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
    • References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
    • References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
    • In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
    • References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
    • “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
    • “Including” means “including, but not limited to.”