TERMNS AND CONDITIONS

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICE. BY INDICATING BELOW THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH TELEHISPANIC SERVICES, LLC. TELEHISPANIC SERVICES, LLC is willing to provide you the Service only if you agree to be bound by the following terms:

This agreement ("Agreement") is between TeleHispanic Services, LLC ("we," "us" or "TeleHispanic") and the user (“you”, "user" or "Customer") of TeleHispanic's communications services and any related products or services ("Service"), collectively identified as the “Parties”. By activating the Service, you acknowledge that you have read and agree to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. In accepting this contract on behalf of an entity, you represent that you are a duly authorized representative of the entity shown under “Legal Name of Business”, and you has accepted this contract and purchased the service in the capacity indicated as my “Title”. If you are representing a corporation, you acknowledge that the execution of this agreement has been authorized by all necessary corporate actions.

1. SERVICE
1.1 Term
Service is offered on a monthly basis for an initial period of twelve [12] months (the “term”) which begins on the date that TeleHispanic activates your Service. Subsequent terms of this Agreement automatically renew at the end of each term without further action by you unless you give TeleHispanic written notice of non-renewal at least thirty [30] days before the end of the term in which the notice is given. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
1.2 Residential or Commercial Use of Service
The Service is provided to you as a Residential or Commercial user according with your declaration when subscribing the service. This means that: (i) if you are purchasing the Residential service, you are not using and will not use it for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, telecommuting, telemarketing, continuous autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal Residential usage patterns; or (ii) if you are purchasing the Commercial service, you are not using it for any governmental activities, telecommunications profit-making or non-profit activities, including but not limited to telecommuting, telemarketing, continuous autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with your normal business usage needs. This also means that you are not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express written permission from TeleHispanic in advance. You agree that your use of the Service, or the use of the Service provided to you by any other person for any purpose other than the one stated by you on subscribing the Service, will obligate you to pay TeleHispanic's higher rates on account of all periods, including past periods. TeleHispanic reserves the right to immediately terminate or modify the Service, if TeleHispanic determines, in its sole discretion, that Customer's Service is being used for any purpose other than the one stated by Customer on subscribing the Service.
1.3 Lawful Use of Service
1.3.1 Prohibited Uses: You agree to use the Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. TeleHispanic reserves the right to terminate your service immediately and without advance notice if TeleHispanic, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current calendar month, including without limitation unbilled charges, all of which immediately become due and payable. You are liable for any and all use of the Service by any person making use of the Service provided to you. If TeleHispanic, in its sole discretion believes that you have violated the above restrictions, TeleHispanic may forward the objectionable material, as well as your communications with TeleHispanic and your personally identifiable information to the appropriate authorities for investigation and prosecution. This includes any and all request pursuant to the Patriot Act 47 USC sec 1000.
1.3.2 Use of Service by Customers outside the United States: TeleHispanic does not presently offer the Service to customers located in other countries. If you use the Service to receive calls in a country other than the United States, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. TeleHispanic reserves the right to terminate your service immediately and without advance notice if TeleHispanic, in its sole discretion, believes that you have violated the above restrictions or if you use or attempt to use the Service from any country other than the United States, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service by any person making use of the Service provided to you.
1.4 Copyright / Trademark / Unauthorized Usage of Firmware or Software The Service and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, and all Services, information, documents and materials on TeleHispanic’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of TeleHispanic are and shall remain the exclusive property of TeleHispanic and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. If you decide to use the Service through an interface device not provided by TeleHispanic, which TeleHispanic reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless TeleHispanic against any and all liability arising out of your use of such interface device with the Service.
1.5 Theft of Service You agree to notify TeleHispanic immediately, in writing or by calling the TeleHispanic customer support line, if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a reasonably and timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service stolen from you and any and all stolen Service or fraudulent use of the Service.
1.6 Number Transfer on Service Termination TeleHispanic will keep the telephone number used in connection with your Service provisioned by TeleHispanic to you, upon your termination of the Service.

2. CHANGES TO THIS AGREEMENT TeleHispanic may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted. Agreement posted supercedes all previously agreed to electronic and written Terms of Service.

3. CHARGES / PAYMENTS / TAXES / TERMINATION
3.1 Billing You must give us a valid credit or debit card number when the Service is activated. If the card expires, you close your account or your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise TeleHispanic at once. TeleHispanic will bill all charges monthly to your credit or debit card, including but not limited to monthly Service fees. TeleHispanic reserves the right to bill at more frequent intervals if the amount due at any time exceeds $100.
3.2 Billing Disputes You must notify TeleHispanic in writing within seven [7] days after receiving your credit or debit card statement if you dispute any TeleHispanic charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Customer Care Billing Department
TeleHispanic Services, LLC
16300 NE 19th Avenue Suite A
North Miami Beach, FL 33162
or
[email protected]

3.3 Payment TeleHispanic only accepts payments by credit or debit card. Your initial use of the Service authorizes TeleHispanic to charge the credit or debit card account number on file with TeleHispanic, including any changed information given TeleHispanic if the card expires or is replaced, for TeleHispanic charges that accrue during the billing cycle. This authorization will remain valid until 30 days after TeleHispanic receives your written notice terminating TeleHispanic's authority to charge your credit or debit card. TeleHispanic may terminate your Service at any time in its sole discretion, if any charge to your credit or debit card on file with TeleHispanic is declined or reversed or in case of any other non-payment of account charges. Termination of Service for declined card, reversed charges or non-payment leaves you FULLY LIABLE to TeleHispanic for ALL CHARGES ACCRUED BEFORE TERMINATION and for charges incurred by TeleHispanic owing to your non-payment, such as (but not limited to) collection costs and attorney's fees.
3.4 Termination/Discontinuance of Service TeleHispanic Termination: TeleHispanic reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If TeleHispanic discontinues providing the Service generally, or terminates your Service in its discretion 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 calendar month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service), you will be responsible for the full calendar month's charges to the end of the current month, including without limitation unbilled charges, all of which immediately become due and payable. Customer Termination: Customer can cancel this Contract at its sole discretion at any time without incurring any costs, however Customer is purchasing the Service in calendar monthly increments, meaning that if Customer attempts to terminate Service prior to the end of a month, Customer will be responsible for the full calendar month's charges to the end of the then-current month, including without limitation unbilled charges, all of which immediately become due and payable. Customer has to give TeleHispanic written cancellation notice prior to the fifth [15th] day of the month in which the notice is given.
3.5 Taxes Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your account. If Customer is exempt from payment of such taxes, it will provide TeleHispanic with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date TeleHispanic receives the Tax Exempt Document.
3.6 Money Back Guarantee TeleHispanic offers a fourteen [14]-day money back guarantee, applicable to one primary line per account, not additional or secondary lines. Under terms of the money back guarantee, TeleHispanic refunds the first month of service fee. TeleHispanic reserves the right to terminate or revoke the Money-Back Guarantee at any time, with prior written notice to active customer. User must cancel service within fourteen [14] days of the account activation.
4. WARRANTY/LIABILITY LIMITATIONS/INDEMNIFICATION
4.1 Limitation of Liability TeleHispanic shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation; or
7.) any other cause that is beyond TeleHispanic's control, including without limitation the failure of an incoming call to be connected or completed, or degradation of voice quality. TeleHispanic's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
4.2 No Consequential Damages IN NO EVENT SHALL TELEHISPANIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCTS LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT TELEHISPANIC WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
4.3 Indemnification Customer agrees to defend, indemnify, and hold harmless TeleHispanic, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement and/or the Services. This paragraph shall survive termination of this Agreement.
4.4 No Warranties on Service TeleHispanic makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service for a particular purpose. TeleHispanic does not warrant that the Service will be without Service failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither TeleHispanic nor its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service, will be liable for unauthorized access to TeleHispanic's or Customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, Customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of TeleHispanic's or its service provider’s or vendors' negligence. Statements and descriptions concerning the Service, if any, by TeleHispanic its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service are informational and are not given as a warranty of any kind.
4.5 No Third Party Beneficiaries No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
4.6 Content You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. TeleHispanic reserves the right to terminate or suspend in its sole discretion affected Services, and/or remove Your User's content from the Services, if TeleHispanic determines in its sole discretion that such use or content does not conform with the requirements set forth in this Agreement or interferes with TeleHispanic's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. TeleHispanic's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold TeleHispanic harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service provided to you.

5. GOVERNING LAW
The Agreement and the relationship between you and TeleHispanic shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and TeleHispanic agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida. The failure of TeleHispanic to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

6. GENERAL PROVISIONS
6.1 Entire Agreement This Agreement and the rates for Services found on TeleHispanic's website constitute the entire agreement between you and TeleHispanic and govern your use of the Service, superseding any prior agreements between you and TeleHispanic and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon TeleHispanic unless and until posted in accordance with Section two [2] hereof.
6.2 Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6.3 Assignment TeleHispanic may assign this Agreement, but you may not assign this Agreement without TeleHispanic prior written consent.
6.4 Door to Door Sale If this is a Door to Door sale, you have the legal right to cancel this transaction before midnight of the third business day after the date of the transaction, notifying such decision in writing to the following address:
Customer Care Contract Department
TeleHispanic Services, LLC
16300 NE 19th Avenue, Suite A
North Miami Beach, FL 33162
or
[email protected]

7. PRIVACY
TeleHispanic Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. TeleHispanic is not liable for any lack of privacy which may be experienced with regard to the Service. TeleHispanic Privacy Policy can be found at TeleHispanic web site.
8. NOTICES
TeleHispanic notices to Customer shall either (i) be made by posting to the "Service Announcements" section of TeleHispanic Web Site, and/or (ii) be sent to the email address on file for Customer at TeleHispanic. You are responsible for notifying TeleHispanic of any changes in your email address by e-mailing us at [email protected], and TeleHispanic may continue to use your previous e-mail address unless and until TeleHispanic has received Customer notice of address change. Notices will be considered given on the date posted or sent by TeleHispanic.

Posted on November 15th, 2010.-