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GAIP , Inc. (itisal.net) Services Customer Service Agreement
Your agreement with GAIP , Inc. (itisal.net) consists of this Customer Service Agreement (the "Agreement") (which sets forth the terms and conditions associated with your use of itisal.net Services), GAIP General Service Agreement (GSA) and the applicable Rate Sheet (both of which are incorporated herein by this reference). .Customer, "You" and "your" mean the customer of the Services defined below, and "GAIP" means GAIP , Inc., and any affiliates involved in providing you with the Services.
By enrolling in, using or paying for the Services, you accept and agree to the prices, charges, terms and conditions set forth in this Agreement, and in the rate sheet applicable to itisal.net Services you have purchased (Rate Sheet). Your online agreement and/or acceptance of this Agreement by use of Services will carry the same legal authorization as if you are providing a handwritten signature of agreement acceptance. If you do not agree to these prices, charges, terms and conditions, do not use the services, and cancel the services immediately by sending an email to admin@itisal.net
"Services" mean the intrastate, interstate, and international prepaid telecommunications services provided by GAIP as listed on the itisal.net website at www.itisal.net and more specifically described in the GSA and applicable Rate Sheet. The Services described in this Agreement are on an .as is. .as available. basis, and may not be available in all locations.
itisal.net.net Services. shall refer to dial around Services that are pre paid via a valid credit card.
"Rate Sheet" means the document that set forth the specific prices and charges, additional service descriptions and other terms and conditions that apply to each of the Services. You can review the Rate Sheets on our Website at www.itisal.net/rates/rates.csv, or you may request a paper copy of the Rate Sheet for the Services you are purchasing by emailing itisal.net at customercare@itisal.net
I. Sign-Up and Use of Services
1. Services Provided. itisal.net Services provide you with the ability to make intrastate, interstate and/or international telephone calls using touch-tone telephones to a called party. For prepaid itisal.net Services, customers dial access number(s) (listed on the dialing instructions). For these type of dial around services, Customers may choose one prepayment option.
When purchasing prepaid itisal.net Service, you may be required to enter the personal identification number (PIN) provided to you when you sign up for the itisal.net Services (See .Registering a Phone Number. below). By using the itisal.net Services you will not, nor will you need to, change your current local, long distance or international telephone service provider(s). Prepaid itisal.net services is not available in Louisiana, South Carolina, and South Dakota States.
2. Registering a Phone Number. When purchasing itisal.net Services, you will be required to register at least one telephone number, and may register up to five (5) telephone numbers (.Registered Phone.). If you use the itisal.net Services from any of the Registered Phones, you will not be required to enter a personal identification number or .PIN. after the appropriate dialing access numbers. If you are making the call from a number that is not registered with itisal.net, you will be required to enter the Personal Identification Number ("PIN") in order to make the call. From time to time, GAIP may require you to enter your PIN even when dialing from your Registered Phone number.
3. Opening an Account. In order to become a Customer and purchase the Services, you must first complete an application form which can be found on the website at www.itisal.net or by registering through our customer service center. As part of the application process, you will need to provide itisal.net with information including a valid e-mail address and, for itisal.net Services, a credit card number from MasterCard, VISA or American Express. By submitting the application you give itisal.net (GAIP, Inc.)permission to verify your identity and your credit worthiness, and to make such verification and to obtain your credit information from consumer credit reporting agencies at any time.
Once you have been accepted as a Customer, itisal.net will promptly send you an electronic mail message ("e-mail") that confirms that you have become a customer and provides you with information concerning your itisal.net account (your "Account"). The e-mail to new itisal.net customers will also provide you with an account number and a unique 4-digit PIN, which you must use when using the Services from an unregistered phone (See .Registering a Phone Number. above).
4. Valid E-Mail Address. Please be aware that your Account information will be sent to the e-mail address that you entered on the application when you applied to become a itisal.net customer. You are responsible for maintaining a current, operational and secure e-mail address and for reading e-mail from itisal.net (GAIP, Inc.) so that itisal.net can notify you of updates to our Services and provide information concerning your Account. itisal.net is not responsible if others can access the email account you have registered with itisal.net to obtain your Account information. If you have filters on your computer for incoming mail, you may need to adjust those settings accordingly to ensure that you receive all relevant itisal.net e-mail communications. If you need to change or update your e-mail address please contact itisal.net's customer care department at: customercare@itisal.net.
5. Usernames/Passwords/Personal Identification Numbers. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN, AND YOU ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES AND CHARGES THAT OCCUR USING YOUR ACCOUNT (INCLUDING YOUR E-MAIL), A REGISTERED PHONE, OR PIN REGARDLESS OF WHETHER YOU HAVE AUTHORIZED SUCH USE. ITISAL.NET (GAIP, Inc.) IS NOT RESPONSIBLE FOR LOST OR STOLEN PINS OR UNAUTHORIZED USE OF THE SERVICES OR A REGISTERED PHONE. If you believe that your Account, Registered Phone, e-mail, and/or PIN is being used without your authorization, you agree to contact itisal.net (GAIP, Inc.) immediately so that the appropriate modifications can be made to your Account. Please note also that you are responsible for any and all charges to your account and that itisal.net (GAIP, Inc.) cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or PIN.
6. Access Numbers. To access the itisal.net Services, you must dial either the toll free number or, where available, one of the local access numbers specified on the itisal.net website. Special per minute rates may be applicable to calls made to local access numbers . check the Rate Sheet for more information. After dialing an access number, you must enter the phone number from which you are calling and a PIN (unless you are dialing from a Registered Phone), and then the destination telephone number.
BEFORE YOU USE ANY LOCAL ACCESS NUMBER, YOU SHOULD CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO ENSURE THAT NO TOLL CHARGES ARE ASSOCIATED WITH CALLS TO THAT LOCAL ACCESS NUMBER. ITISAL.NET(GAIP, Inc.) WILL NOT REIMBURSE YOU FOR ANY CHARGES ASSESSED BY YOUR LOCAL PHONE COMPANY AS A RESULT OF YOUR DIALING ACCESS NUMBERS TO USE THE ITISAL.NET SERVICES.
7. Customer Service. If you have questions, concerns or complaints about your Service, you may contact itisal.net (GAIP, Inc.)' Customer Service Department 24 hours a day, 7 days a week by e-mail at customercare@itisal.net or by phone at 1-888-8ITISAL (Monday to Friday, 8am . 11pm EST and Saturday to Sunday, 8am . 5pm EST).
II. Charges and Payment
1. Rates and Charges. Our rates and charges are listed on the applicable Rate Sheets. You are responsible for checking all applicable rates and charges, including payphone or other facility surcharges, before making any call using the Services. ITISAL.NET(GAIP, Inc.) IS NOT RESPONSIBLE FOR ANY ADDITIONAL CHARGES YOUR CELLULAR SERVICE PROVIDER MAY IMPOSE ON YOUR ACCOUNT FOR USING THE SERVICES ON YOUR CELLULAR PHONE, OR FOR ANY CHARGES ASSESSED BY YOUR LOCAL PHONE COMPANY AS A RESULT OF USING LOCAL ACESS NUMBERS PROVIDED BY ITISAL.NET(GAIP, Inc.).
2. Rounding/Rating of Calls. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Generally, timing of calls begins when the called party or automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call, or itisal.net (GAIP, Inc.) receives an .on-hook. signal from the terminating carrier. However, some foreign carriers (with which itisal.net(GAIP, Inc.) must interconnect in order to terminate call to foreign countries) designate a call as .answered. when the called party.s line rings or after a certain number of rings, and will charge itisal.net(GAIP, Inc.) for a completed call. In these situations, GAIP will charge for the call as if it were answered by the called parties. GAIP may change the billing period or billing increment from time to time by posting any such change on our website at least five (5) days before they become effective, except that any change that is required by law or a governmental authority shall be effective immediately. Your use of the Service after any such change shall deem your acceptance of those changes.
3. Taxes. All taxes, tax-like charges, and tax related surcharges are referred to collectively as .Tax(es). You agree to pay all Taxes imposed. If you provide itisal.net (GAIP, Inc.) with a duly authorized tax exemption certificate, GAIP will exempt you in accordance with law, effective on the date itisal.net(GAIP, Inc.) receives the certificate. GAIP will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.
4. Other Surcharges. Payphone Use Charge: Charges for calls that originate from any domestic payphone will include a $0.99 per call surcharge.
5. Rate Changes. itisal.net(GAIP, Inc.) may change the prices and charges for the Services and offer special promotions from time to time. itisal.net(GAIP, Inc.) may decrease prices without providing advance notice. Any increase to your rates will be reflected in the applicable Rate Sheet and posted on our website at least one (1) day before they become effective. You are responsible for checking the Rate Sheet for any rate changes; your use of the Services after new rates are posted shall deem your acceptance of the same.
6. Payment. You agree to pay itisal.net(GAIP, Inc.) for the Services at the rates and charges listed herein and on the Rate Sheet and in the manner elected when you first signed up for the Services.
� Prepaid itisal.net Customers: itisal.net(GAIP, Inc.) will charge the credit card submitted by Customers prepaying for the Services in the denomination selected by the Customer. You agree that by submitting your credit card information and agreeing to these terms and conditions, you authorize itisal.net (GAIP, Inc.) to charge your credit card for the amount of prepaid calling you have purchased.
7. Credit Card Charges. You must provide GAIP with a valid credit card number when ordering the itisal.net Services. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE CREDIT CARD INFORMATION PROVIDED TO ITISAL.NET(GAIP, Inc.) IS ACCURATE AND UP-TO-DATE. All Customers are required to immediately notify GAIP.s customer service department at 1-888-8ITISAL if the credit card expires, you close your credit card account or your billing address changes, or the credit card is cancelled and replaced because of loss or theft. Failure to immediately notify itisal.net (GAIP, Inc.) may result in suspension or cancellation of services as described in Section III(4).
8. Call Detail & Charge History. All itisal.net Service Customers will be able to access their Account, including their usage information and charge history, 24 hours a day/ 7 days a week on the itisal.net Services website at www.itisal.net. Customers will be able to view call detail history for the last thirty(30) calendar days, and charge history related to the Services for the past thirty (30) calendar days. Paper invoices or statements will not be available at any time.
9. Disputes. You must notify GAIP by e-mail (customercare@itisal.net) or telephone (1-888-8ITISAL) of any disputed charges within sixty (60) days of the charge being posted to your Account. Notices must include all relevant information, including but not limited to account number, amount in dispute, reasons for the dispute, a contact number and email address for the account holder and any other detail sufficient for GAIP to appropriately evaluate the dispute. To the extent GAIP determines that a charge adjustment is warranted, itisal.net(GAIP, Inc.) will credit your Account. If you fail to notify itisal.net(GAIP, Inc.) of a charge dispute as noted above, you will waive all rights to bring any claim regarding the particular charge.
III. Suspension and Cancellation of Services.
1. Cancellation by the Customer. You may discontinue using the Service at any time by notifying GAIP by e-mail (customercare@itisal.net) or by calling our customer care department at 1-888-8ITISAL. itisal.net (GAIP, Inc.) will then deactivate your Account. itisal.net Customers utilizing the prepaid option will not be entitled to any refund of the unused balance in your prepaid Services Account as of the date you discontinue Service.
2. Expiration Policy. itisal.net (GAIP, Inc.) reserves the right to let your Account and your PIN expire after six (6) months from the date of initial purchase of the itisal.net Services or recharge, if utilizing the prepayment option. If you desire to keep your Account active, prepaid customers must recharge the account via your Account on the website or by calling our customer care department at 1-888-8ITISAL. Please note that itisal.net (GAIP, Inc.) is not obligated to refund any remaining prepaid balance left in your itisal.net Services Account as of the date it expires.
3. Fraudulent Use; Termination by itisal.net (GAIP, Inc.) itisal.net (GAIP, Inc.) reserves the right to discontinue furnishing Services, cancel your Account and/or block your access to the itisal.net (GAIP, Inc.) network, without incurring any liability and without notice if itisal.net(GAIP, Inc.) deems that such action is necessary to protect against or prevent fraud or otherwise protect itisal.net (GAIP, Inc.)' personnel, agents, facilities or services. Without limitation, itisal.net (GAIP, Inc.) may suspend your Service in accordance with the terms herein, or cancel your Service.
If itisal.net (GAIP, Inc.) has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, GAIP may immediately suspend, restrict, or cancel your Account and your ability to use the Services without advance notice. GAIP reserves the right, at our sole discretion and for any reason, to immediately (a) suspend, restrict or terminate your Account and your access to the Services and/or (b) refuse to allow you to recharge your itisal.net Services Account.
4. Other. itisal.net (GAIP, Inc.) reserves the right to suspend or cancel the Services (or your access thereto) in the event the credit card information you have provided to itisal.net(GAIP, Inc.) is false, misleading, or otherwise expired. itisal.net(GAIP, Inc.) may from time to time discontinue certain Services, subject to applicable law and regulation.
IV. Indemnification, Limitation of Liability and Warranties
1. itisal.net (GAIP, Inc.) will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, acts of terrorism, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties; preemption of existing services to restore service in compliance with the FCC's Rules and Regulations; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of itisal.net (GAIP, Inc.)' facilities or commencement of service.
2. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering, installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by GAIP, GAIP' liability, if any, will be limited to credit allowances for interruptions of service. In addition to these credit allowances, if any, itisal.net (GAIP, Inc.)' liability is limited as follows:
a. With respect to the routing of calls by itisal.net (GAIP, Inc.) to public safety answering points or municipal emergency service providers, itisal.net (GAIP, Inc.)' liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by you as the direct result of itisal.net(GAIP, Inc.)' action, or failure to act, in routing the call, or (b) the sum of $100.00.
b. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by itisal.net (GAIP, Inc.), for example, Directory Assistance, GAIP' liability will be limited to the lesser of: (a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (b) $10.00.
3. itisal.net (GAIP, Inc.)' liability for willful misconduct, if established as a result of judicial or administrative proceedings, is not limited by this Agreement.
4. IN NO EVENT WILL ITISAL.NET(GAIP, Inc.) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT ITISAL.NET(GAIP, Inc.) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
5. itisal.net (GAIP, Inc.) will be indemnified, defended, and held harmless by you and/or by others authorized by you to use the Service against all claims of loss or damage arising from the use of service furnished by itisal.net (GAIP, Inc.), including:
a. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via itisal.net (GAIP, Inc.) Service; and
b. All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Service, in connection with any service provided by itisal.net (GAIP, Inc.).
6. ITISAL.NET(GAIP, Inc.) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. ITISAL.NET(GAIP, Inc.) DOES NOTAUTHORIZE ANYONE TO MAKE A WARRANTY ON ITISAL.NET (GAIP, INC.)' BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY ITISAL.NET(GAIP, Inc.).
7. itisal.net (GAIP, Inc.) will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in GAIP offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with itisal.net (GAIP, Inc.) Services.
V. Dispute Resolution. IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
1. Binding Arbitration. The arbitration process established by this Section V is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. �� 1-16. Both you and itisal.net (GAIP, Inc.) have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration in accordance with the provisions of this Section V. This includes any dispute based on any product, Service or advertisement having a connection with this Agreement and any dispute not finally resolved by small claims court.
2. Arbitration Procedures. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages. The parties agree that an award of such damages will be void if issued. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND ITISAL.NET(GAIP, Inc.) BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
3. Arbitration Information and Filing Procedures. Before you take a dispute to arbitration or to small claims court, you must first contact itisal.net (GAIP, Inc.) by e-mail at customercare@itisal.net and give itisal.net (GAIP, Inc.) an opportunity to resolve the dispute. The email must include your Account number, PIN and Access Code. You must describe your dispute and provide itisal.net (GAIP, Inc.) with any supporting documentation. Likewise, if itisal.net (GAIP, Inc.) has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing arbitration. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or itisal.net (GAIP, Inc.) is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, 1750 Dallas>, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Any arbitration shall remain confidential. Neither you nor itisal.net (GAIP, Inc.) may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award. Judgment of the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES.
4. Fees and Expenses of Arbitration. Each party must pay its own expenses associated with any arbitration, including its attorney.s fees. If you file a request for arbitration, you will have to pay a filing fee in accordance with the AAA fee schedule. Under AAA rules, some costs such as the arbitrator.s fees and expenses will be allocated between the parties.
5. Other Remedies. In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.
6. Survival of this Section. If any portion of this Section V is determined to be invalid or unenforceable, then the remainder shall remain in full force and effect.
VI. Miscellaneous
1. Agents and Resellers. No agent or reseller is permitted to sell our Services, electronically or through actual phone cards, unless it has been specifically authorized by itisal.net (GAIP, Inc.). If you are contacted by an individual or entity representing themselves as a itisal.net (GAIP,Inc.) agent, prior to purchasing any Services or giving out any of your confidential information, you should contact itisal.net (GAIP, Inc.) immediately to confirm whether the agent has the proper authorization. GAIP cannot be held liable for any representation by a third party.
2. Consent to E-Mail Communications. By entering into this Agreement, you consent to the receipt of e-mails from itisal.net (GAIP, Inc.). In addition to sending you e-mail notifications as provided for above, itisal.net (GAIP, Inc.) may also send you e-mails about other products and services GAIP, Inc. believes may be of interest to you. You may opt-out of future e-mails about products or services by contacting GAIP either by e-mail at customercare@itisal.net. itisal.net (GAIP, Inc.) reserves the right, however, to continue to e-mail you important information relating to your Account, this Agreement or the Services in which you are enrolled.
3. Privacy. itisal.net (GAIP, Inc.) considers your use of the Services to be private. However, itisal.net (GAIP, Inc.) may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of itisal.net (GAIP, Inc.), its employees, its customers or the public. You consent to the access and disclosures outlined in this section. GAIP' privacy policy is incorporated by reference herein.
4. Modifications/Amendments. GAIP may modify or amend this Agreement, including the referenced Rate Sheets, from time to time. Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on the website. You may request a copy of the revised Agreement by e-mailing GAIP at customercare@itisal.net or by calling GAIP at 1-888-8ITISAL. YOUR CONTINUED USE OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE NOTICE PERIOD WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.
5. Intellectual Property, Trademarks. This website, including but not limited to text, content, photographs, video, audio and graphics (the .Website.), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. This Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of itisal.net (GAIP, Inc.) and its affiliates, including but not limited to "itisal.net. are and shall remain the exclusive property of GAIP , Inc., and its affiliates, as applicable, and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission.
6. Assignment. Customers may not modify or assign this Agreement. In its sole discretion, itisal.net (GAIP, Inc.) may assign this Agreement without notice to or consent of the Customer.
7. Severability. If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.
8. Entire Agreement. This Agreement, together with any written amendments or written modifications, will constitute the entire agreement between you and itisal.net (GAIP, Inc.) with respect to the Services provided hereunder and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the Provisions of this Agreement will control.
9. Governing Law. This Agreement is governed by and construed under the laws of the Commonwealth of Virginia and applicable federal law, without regard to its choice of law principles, except that the arbitration provisions in Section V shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
10. No Waiver of Rights. If either party fails to enforce any right or remedy under this Agreement, that does not waive the right or remedy for any other breach or failure.
11. Compliance with Laws. You agree to use the Services in a lawful manner that is consistent with the terms and conditions of this Agreement and all applicable federal, state and local laws and/or regulations. Notwithstanding any other provision contained in this Agreement, itisal.net (GAIP, Inc.) reserves the right to immediately, and without notice, terminate, or otherwise discontinue, your Account and PIN in the event itisal.net (GAIP, Inc.) determines that you have violated any such term, condition, law and/or regulation.
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