American Voice Mail Terms

TERMS AND LIMITATIONS OF LIABILITY

Our Terms can and do change without notice. It is your responsibility to return to this page and understand the Terms under which we offer our services. If you do not agree to our Terms and Limitations of Liability, or any changes thereto, you must immediately cancel your subscription(s).

American Voice Mail, Inc. (AVM, We, Our, US ) offers to provide its services to its Subscribers (You, Your) subject to these Terms of Sale:

We agree to provide and You agree to accept the services as ordered.
All services are offered for a minimum of two (2) months. After two (2) months, We will continue to provide services on a month-to-month basis, or any longer period for which you have subscribed, until terminated by Us or by You, with one (one) month’s written notice, except We may terminate any or all services, without notice, if Your bill is not paid in full by its due date, or pursuant to paragraphs 10 and 12 below. The Last Month’s Deposit may only be applied to Your last month of service, and is nonrefundable. The Usage Deposit will be applied to Your usage charges and any other outstanding charges. Any excess will be refunded to You.
Accounts not paid in full by the DUE DATE are subject to a late payment charge of $3.00, unless We have entered into a written agreement that states otherwise. In addition, all or any part of the services that We provide may be interrupted or disconnected without notice, and any remaining messages may be discarded. The Service Interruption charge is $5.00 per interrupted item. The Service Reconnection charge is $5.00 per reconnected item. The Returned Check charge is $25.00 or the maximum allowed in your State. All rates are subject to change without notice.
We make and provide no warranty, express or implied, with respect to the services offered hereunder, and disclaim any express or implied warranty of merchantability or fitness or a particular purpose or use with respect to such services.
We will use our best efforts to maintain uninterrupted service. We are not responsible for uncompleted or un-retrievable messages, faxes or beeps as a result of power and/or equipment failure.
In addition, because damages cannot be calculated in advance, You agree that Our maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of service provided hereunder, regardless of the form of action, whether in contract or tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by You under this contract for the services during the period such damages occur, even if AVM is expressly advised about the possibility of such damages.
In no event, regardless as to the cause of action, venue or court, shall We be liable in excess of one (1) month’s basic service charges, and in no event, regardless as to the cause of action, venue or court, shall We be liable for any special or consequential damages or sanctions, even if AVM is expressly advised about the possibility of such damages.
Your subscription is your Agreement that these liquidated damages are reasonable under the circumstances existing as of the time of Your subscription.
Ownership of Number: If you don’t want to use your own phone number, we may provide (lend) a phone number solely for the purpose of enabling the service or services that you have ordered. You understand and agree that you are not the owner of any telephone number loaned to you by AVM. Ownership of any such phone number is vested solely in AVM, which may lend such numbers to You for Your use during the term of this Agreement. AVM is an enhanced service provider, not a telephone company.
Our telephone numbers are not subject to portability. With the exceptions stated in this paragraph, You may never take our phone numbers with you.
1. In the event that You have moved a phone number from a previous service provider or carrier to AVM, then You will retain ownership of that number. You retain complete control to move that Local or Toll Free Number at no charge from AVM to an alternate carrier, so long as (a) the termination of the Service is not due to a default by You, and (b) all fees and charges for the Services, whether or not then due, have been paid in full.
2. In the event that the Number loaned to you by AVM is a Toll-Free number, then AVM will, upon your written request, allow you to move that Toll-Free number from AVM to an alternate carrier, provided that (a) the termination of Service is not due to a default by You, (b) all fees and charges for the Services, whether or not then due, have been paid in full, and (c) upon receipt of payment of $200 for each Non-Vanity “True 800” number that you move away and $50.00 for each other non-vanity toll free number that does not begin with “800” that you move away. Please call us for pricing for moving Vanity Toll Free numbers.
3. AVM incurs significant expenses when local numbers are ported away. In the event that the Number loaned to you by AVM is a Local Number, and provided that your account is still open and active, AND THE TELEPHONE NUMBER HAS NOT BEEN LOANED TO ANOTHER CUSTOMER, then AVM will, upon your written request, allow you to move that Local Number from AVM to an alternate carrier, provided that (a) the termination of Service is not due to a default by You, (b) all fees and charges for the Services, whether or not then due, have been paid in full, and (c) upon receipt of payment of $200.00 for each “Vanity” Local Number that you move away and/or $100.00 for each other Local Number that you move away.
  You understand and agree that (a) AVM may, from time to time, change the number loaned to You for example when area codes are changed, and (b) following the termination of your AVM account, for any reason, you will no longer have access to such number. In either case, such phone number may be re-loaned immediately to another customer and You agree that AVM will not be liable for damages (including consequential or special damages) arising out of any such re-lending and You hereby waive any claims with respect to any such re-lending, whether based on contract, tort or any other grounds, even if We have expressly been advised of the possibility of damages.
We have the right to refuse service to anyone who uses the services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses Us or other customers.
While it is our desire to maintain advertised message storage capacities and time values at all times, they may be changed without notice whenever necessary to maintain the overall integrity of the computer systems and un-interruption of services.
We offer our services for “normal and customary” business and personal use. We do not offer our services for all types of uses. We do not accept customers who receive large call volume, especially in a short time frame. Examples are direct response radio and television. In the event Your line receives large call volume, we may, at any time, with or without notice to You, and at our sole discretion, take any and all measures we consider appropriate to maintain the integrity of Our systems and the services it provides to our other customers. Such measures may include, but may not be limited to: limiting the number of calls Your line may receive at any one time, changing your greetings and/or disconnecting Your service. “Large call volume” will be solely determined by Us.
Fair Use Policy: You will be in violation of this Policy if, at any time, your usage exceeds more than three (3) time the average level of voice, fax and/or call transfers, separate or combined, the average level of usage of our other customers. At our sole discretion, we may offer to continue your service, with a change in monthly rate, usage rates or both, or we may decide to terminate your service. Any failure by US to enforce this policy, or any other of our Terms, will not preclude US from enforcing it, or them, at anytime in the future, whether for past or current violations.
All disputes, except claims by Us for any unpaid amounts You owe to Us, will be settled first by Mediation and, if unsuccessful, then by binding Arbitration. This Agreement will be governed by the laws of the State of Nevada. The only correct venue is agreed to be Los Angeles County .
Taxes and Regulatory Fees include one or more of the following: Federal State , Local Sales Taxes, Telecommunication, Business, P.U.C., Franchise and any new one as they come along.
We may change our Terms, rates and Limitations of Liability at any time and without notice. It is Your responsibility to check here for changes. Your continued use will indicate your acceptance of the new terms, whether or not You have actual knowledge of the change.
Our Service Guarantee applies only to services interruptions caused by our equipment. We are unable to extend our Guarantee to outages caused by events over which we have no control, examples of which are weather, power interruptions, circuit outages or overloads, strikes, Acts of Nature, and outages or interruptions being suffered by telephone companies or other vendors who provide services to Us. Naturally, a “day” is 24 consecutive hours.
All services may not be available in all areas.
We may list and publicize your company, on this website, as a subscriber of our services, without your consent. If you object to being listed, upon written notice, we will remove your company name from our listings.
Acceptance of Terms and Conditions:
This Web-site is owned and provided by American Voice Mail, Inc. Viewers are hereby authorized to view, copy and print the materials appearing on this Web-site, subject to the following:
1. The materials may be used for internal informational and non-commercial purposes only.
2. Any copy of these materials or any portion thereof must include the above copyright notice.
3. You may not copy, distribute, modify, transmit, reuse repost or otherwise display the Web-site content for public or commercial purposes, without the express written consent of the American Voice Mail, Inc’s Legal Department authorizing use for such purpose(s).
4. American Voice Mail, Inc. may revoke or modify any of the foregoing rights at any time, with or without cause. Your use of this Web-site constitutes your acceptance of all terms and conditions stated in this Legal Statement and information page, and Your agreement to be bound by them. Please review this information often, as it may change at any time without notice.
  This Web-site is owned and provided by American Voice Mail, Inc. Viewers are hereby authorized to view, copy and print the materials appearing on this Web-site, subject to the following:
The information contained in this Web-site may contain errors or inaccuracies, and is provided to you “as is”, for your informational purposes only, without warranty of any kind, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. In no event will American Voice Mail, Inc. be liable to any party for any direct, indirect, special or other consequential damages, relating to or arising out of the use of this Web-site, including specifically any lost profits, business interruption or loss of data, even if American Voice Mail, Inc. is expressly advised about he possibility of such damages.American Voice Mail, Inc. may make changes or improvements to the information displayed on this Web-site or to the terms, products or services described herein, at any time and without notice.