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Member Agreement

This agreement is for the PhoneFate Site and Telephony Services is made by and between PhoneFate and you (the “Client”).

In consideration of the mutual covenants herein contained and intending to be legally bound by the provisions of this Agreement, the parties agree as follows:

1. Definitions
"Agreement" means this PhoneFate Telephony Site and Service Agreement and all exhibits and attachments hereto.

"Client" means the entity that accepts these terms and conditions.

"Authorized Agent" means an individual authorized by Client to act as the legal representative of the Client for all matters pertaining to this Agreement.

2. Eligibility
The Site and Telephony Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.

You shall not use the Site or become a Client if you are located or reside in a country in which use or participation is prohibited by law.

3. Client Obligations
- Client will not permit their password or PIN number for the Service to be used or known to any other party.
- Client is not permitted to post or transmit anything via the Service which is illegal, racist, threatening, or derogatory to other Clients or to the Service.
- Client acknowledges that calls made with the service may be monitored and/or recorded for quality and compliance with the agreement.
- Client agrees that credit deposited to their account is non-refundable.

Failure to follow these rules may result in withheld funds and termination of the Client account.

4. Client Information
Client is responsible for providing information which is timely, complete, truthful, and not misleading. Client must provide a valid, working e-mail address and telephone number on enrollment. Client will notify PhoneFate of any changes of ownership, regulatory actions or financial conditions that could materially affect PhoneFate's rights under this Agreement.

5. Authority
Each party represents and warrants that it has the legal capacity and authority to enter into and perform its obligations under this Agreement and that those obligations shall be binding without the approval of any other person or entity. Each person signing this Agreement on behalf of a party represents and warrants that they have the legal capacity and authority to sign this Agreement on behalf of that party.

6. Confidentiality
PhoneFate Services and all information and documentation relating thereto, including the terms and conditions and prices of fees associated with this Agreement, shall be held in confidence by Client and may not be used by Client (other than for the furtherance of the purposes of the Agreement) nor disclosed to third parties without PhoneFate's prior written consent. Notwithstanding anything in this Agreement to the contrary, either party may disclose to third parties the fact that Client is using PhoneFate services. Client recognizes that the services and documentation thereof contain the valuable, confidential and trade secret information of PhoneFate.

7. Billing
Pay-per-minute services are billed at a per-minute rate. All billing is in US Dollars. For Canadian residents 6% GST is already included on every deposit. (GST#857051908RT)

8. Limitations of Liability
PHONEFATE ASSUMES NO LIABILITY FOR DISRUPTIONS OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, VANDALISM, THEFT, PHONE SERVICE OUTAGES, INTERNET DISRUPTIONS, EXTREME OR SEVERE WEATHER CONDITIONS OR ANY OTHER CAUSES IN THE NATURE OF "ACTS OF GOD" OR FORCE MAJEURE. PHONEFATE SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOSS OF PROFIT, REVENUE, SOFTWARE OR DATA, EVEN IF PHONEFATE IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ANY OTHER CASE(S), CLIENT AGREES THAT IT SHALL NOT BE ENTITLED TO RECOVER DAMAGES FROM PHONEFATE WHICH EXCEED THE SUM OF THE SERVICE FEES PAID TO PHONEFATE UNDER THIS AGREEMENT FOR THE ONE MONTH PRIOR TO THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.

9. Disclaimer of Warranties
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, PHONEFATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY PHONEFATE SERVICES, RELATED PRODUCTS, SOFTWARE OR DOCUMENTATION. PHONEFATE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Indemnification
Client agrees to indemnify and hold harmless PhoneFate, its employees, officers, agents, and directors from any and all fines, penalties, losses, claims, expenses (including attorney fees and allocable costs of in-house counsel), or other liabilities resulting from or in connection with this Agreement. PhoneFate assumes no liability of Client for failure to comply with this Agreement and any results caused by the acts, omissions or negligence of Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with Client's products or services, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

11. Termination
PhoneFate reserves the right to modify or terminate the Service at any time.

12. Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, PhoneFate shall be entitled to damages, costs and attorney's fees from Client.

13. Invalid or Non-enforceable Provisions
The invalidity or unenforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

14. Governing Law
This agreement is governed by the laws of the Province of Alberta. End User acknowledges and agrees that Alberta courts have jurisdiction over this agreement and customer, that Edmonton, Alberta is an appropriate place for venue of any litigation, and that all litigation, to the extent possible, shall be in Edmonton, Alberta.

15. Captions
The captions in this Agreement are for convenience only and shall not be used in interpreting, construing, performing or enforcing this Agreement, except that the section entitled "Payment" shall be used to construe the manner in which PhoneFate is to receive its fees.

16. Amendments and Modifications
PhoneFate may amend this Agreement to take into account changes in law or regulations or industry mandates and to accommodate changes imposed on PhoneFate, and to make other changes deemed necessary by PhoneFate, provided that such changes do not materially alter the ongoing obligations of the parties, by sending Client a specimen of the changed Agreement, or making a specimen of the changed agreement available upon a web page located on the World Wide Web. Unless Client rejects the changed Agreement and terminates this Agreement by notice to PhoneFate in writing within fifteen (15) days after PhoneFate sends the changed Agreement, or makes said changed agreement available on the World Wide Web, the changed Agreement shall replace this Agreement and be in full force and effect.

17. Survival of Claims
Any claim against PhoneFate must be made within thirty (30) days of the event of the claim.

18. Entire Agreement
By accepting this Agreement, the Client or Client's authorized representative acknowledges that Client has read, understood, and accepted this Agreement, that this Agreement contains the entire agreement of the parties and that no other agreements, instruments or writings are in effect, and that Client assumes all obligations under this Agreement pertaining to the web sites described in this Agreement and its schedules.

19. Notices
Any and all notices to PhoneFate, or other communications under or with respect to this Agreement, shall be delivered via e-mail to:

20. Transfer and Assignment
Client may not sell, assign or transfer any of its rights or obligations under this Agreement without the prior written consent of PhoneFate.

21. Survival of Obligations
The rights and obligations of the parties hereunder which by their nature would continue beyond the termination or cancellation of this Agreement (including, without limitation, those relating to confidentiality, payment of charges and limitations of liability) shall survive any termination or cancellation of this Agreement.

22. Acceptance
By clicking "I Agree", "I Accept"; or by using or attempting to use the Service; Client agrees that Client has read, understands, and agrees to abide by this Agreement, and any documents incorporated by reference, and Client agrees that Client intends to form a legally binding contract; and that this Agreement constitutes "a writing signed by Client" under any applicable law or regulation. Any rights not expressly granted herein are reserved by PhoneFate.