USER AGREEMENT (TERMS AND CONDITIONS)
Last Updated April 20, 2021
This User Agreement explains the terms and conditions that apply to your usage of the EBROADMAX PINLESS website ("EBROADMAX.COM," "website" or "site"), products and services. This User Agreement, at the end, includes a full disclosure of fees that apply to EBROADMAX PINLESS services.
In this Agreement, the terms "we," "us" and "our" refer to BROADMAX DISTRIBUTOR Inc. (“BROADMAX DISTRIBUTOR”), owner of the EBROADMAX PINLESS brand and website. The references to "you" or "your" means the user or customer of the EBROADMAX PINLESS website, products or services.
This User Agreement, in addition to our Privacy Policy and specific Rate and Fee Terms, is the complete agreement between you, the service end user, and BROADMAX DISTRIBUTOR, as the provider of services, with regards to your usage of our services. All prior agreements and communications shall be superseded and regulated by this Agreement.
Please note that the terms and conditions set forth in this User Agreement constitute a legal agreement. Please read this Agreement carefully before purchase or use any of our services.
1. General Terms
Acceptance of Terms:
· By accessing and using this website and/or purchasing any EBROADMAX PINLESS services, you accept this Agreement and acknowledge that you are legally bound to all its terms and conditions, as well as any additional or revised policies that BROADMAX DISTRIBUTOR may publish in the future.
· If you do not accept the User Agreement, do not access or use our site or services.
· In case of your improper usage of our site or services or violation of the terms and conditions of this Agreement, we reserve the right to remove all your access and prevent your future access. We may also try to obtain legal compensation for your improper usage of our site and service.
Changes to this Agreement:
· This Service Terms Agreement may be altered by EBROADMAX PINLESS at any time.
· If there are changes to our pricing, fees or terms, we will notify you if and as required by law.
· Amendments to this Agreement may be done by publishing the changes to the site, which shall take effect immediately upon posting, unless stated otherwise. No other amendments can be made to this Agreement except in writing that is signed by all parties involved..
· Your continued use of our site and services after the changes to this Agreement have taken effect would indicate that you accept and agree to fully comply with the new terms and conditions as stated in the revised Agreement.
2. Availability of Our Services
Access to Services:
· We cannot guarantee that our services will always be available. You acknowledge that our services may be interrupted at certain times to allow for maintenance, repairs, new service introductions or facility installations. In such cases, we will do our best to restore service as soon as reasonably possible.
· You acknowledge that you need the necessary device to connect to our service and you agree that EBROADMAX PINLESS is not responsible for providing you with any equipment to gain access.
Acts Beyond Our Control:
· EBROADMAX PINLESS shall not be liable for unavoidable interruption, failure, delay or loss of service resulting from circumstances out of our control including, but not limited to, armed conflict, terrorist activities, power outages, fire, earthquakes or other natural disasters.
· If we fail to restore your service within fourteen (14) days, you may cancel your services and we will refund your unused balance.
3. Privacy Policy:
· Please review our complete Privacy Policy at EBROADMAX.COM to learn how we collect, use and protect your personal information.
4. Prohibited Behavior
Illegal Use:
· As a user of EBROADMAX PINLESS services, you must not use this site or the services we provide for any unlawful or abusive purpose.
· Your use of our site and services must be in compliance with all regulations and laws, including all applicable telecommunication laws, in your country, state or local area.
Fraudulent Activities:
· Credit card fraud and identity fraud are criminal offenses that BROADMAX DISTRIBUTOR strongly prohibits.
· If required by law, we will provide the proper law enforcement authorities any information we have that is related to fraudulent or illegal transactions to assist in the prosecution of individuals attempting to engage in fraud or other criminal activities.
5. Termination of Services
Reasons for Service Termination:
· BROADMAX DISTRIBUTOR may suspend or terminate your use of our services for any or no reason and at our sole discretion, including but not limited to breach of this User Agreement or unlawful use of our site and/or services.
6. Limited Liability
· The total liability of BROADMAX DISTRIBUTOR in this Agreement or in relation to any of our services shall be equivalent to, and will not exceed, the amount of money that you paid for the services at issue.
· BROADMAX DISTRIBUTOR will not be held liable for any indirect, incidental, special or consequential loss, business interruption or damage of any kind that arises from circumstances that are beyond our control.
· BROADMAX DISTRIBUTOR will not be held liable for any action performed by third party companies, including any damage associated with a third-party service, channel or equipment.
· BROADMAX DISTRIBUTOR will not be held liable for any negligent or grossly negligent conduct that causes you harm.
7. Miscellaneous Provisions
Assignment:
· BROADMAX DISTRIBUTOR may assign all or part of its duties and rights under this User Agreement to any individual or party at any time without your consent. However, you may not assign your rights or obligations under this Agreement without prior written consent from EBROADMAX PINLESS; otherwise, such assignment is invalid.
Severability and Waiver:
· If any part of this User Agreement is held to be unenforceable or invalid, the rest of this agreement will remain fully enforceable and valid. The failure of BROADMAX DISTRIBUTOR to implement a provision in this Agreement does not signify that we have waived our right to implement the provision.
Entire Agreement:
· This User Agreement, in addition to our Privacy Policy and specific Rate and Fee Terms, constitutes all terms and conditions in their entirety that have been agreed upon by you and BROADMAX DISTRIBUTOR.
· This Agreement shall supersede and terminate all other previously existing understandings, statements, and arrangements between you and BROADMAX DISTRIBUTOR, whether in oral or written form.
· Neither you nor BROADMAX DISTRIBUTOR will rely on any statement or representation by the other party or any third party that contradicts and is not expressly set out in this Agreement.
· Amendments to this Agreement can only be made as provided in the relevant sections herein. No statement, advertisement or service description, whether verbal or written, that is not expressly included in this Agreement will be permitted to contradict or supplement this Agreement or our services.
· Neither you nor BROADMAX DISTRIBUTOR will rely on any statement or representation by the other party or any third party that contradicts and is not expressly set out in this Agreement.
Survival:
· BROADMAX DISTRIBUTOR’s rights under this Agreement shall survive the termination or expiration of this Agreement.
8. Customer Service and Complaints
· Please contact our customer service department at 1(855)205-7000 to inquire about our service terms, purchase our services, or for any customer concerns.
9. Statement and Disclosure of Fees
· Quoted minutes available only when using card’s entire balance on one call.
· If used on more than one call, the following additional fees and charges reduce available minutes and value of card.
· Rates vary by destination and change weekly.
· Daily fee of $.69 applies. $.18 per-minute disconnect fee applies. A fee of $.49 applies upon completion of each connected call.
· When you recharge (also known as "top up") the account or balance of a cell phone that is in the United States or anywhere else in the world , you will incur a processing fee of up to 25% of the total recharge amount. The intermediary, correspondent, or receiving telecom operator may charge sales, VAT, or duty tax for providing these recharges. This is beyond our control and we cannot reimburse the fees if charged. You agree to pay all fees as they become due and payable. In some cases, the operators may deduct the taxes and fees from the recharge amount. We process the recharges in real-time and provide confirmations as soon as possible. Once a mobile recharge has been submitted to BROADMAX DISTRIBUTOR Inc., it is legally binding and cannot be cancelled. All recharges, including U.S. mobile recharges, are non-refundable. The recharge process depends on the mobile number and selected operator. BROADMAX DISTRIBUTOR Inc. is not responsible for any loss incurred as a result of incorrect information provided by the customer.
DISCLAIMER: Your wireless carrier may assess roaming or long distance charges when calling the local access numbers you use.
Please check the details of your plan with your provider.
10. Dispute Resolution and Governing Law:
Prohibition on Certain Lawsuits:
· YOU AND BROADMAX DISTRIBUTOR INC. EACH WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION, EITHER AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE, OR TO ACT AS A PRIVATE ATTORNEY GENERAL.
Dispute Resolution:
· If you have an issue with any of our services, you must contact our customer service department prior to considering any legal action. In the event that you and the customer service department fail to reach a resolution, you agree to resolve the dispute exclusively through arbitration.
Arbitration:
· You and We agree that exclusive forum for resolution of any dispute that arises out of, from, or in relation to your use of this website or purchase of EBROADMAX PINLESS services and products shall be via the American Arbitration Association in New York, NY, for a final and binding decision
· In consideration of above, both parties agree to pursue only direct damages, and not indirect or exemplary damages.
Claims Time Limit:
· You agree that the commencement of a lawsuit or cause of action that is connected to or arises out of your access to the EBROADMAX PINLESS website or services must be within one (1) year after the complained of occurrence occurred; otherwise, your claimed will be permanently barred.
Governing Law and Jurisdiction:
· This User Agreement is governed by the laws of the State of New York, without regard to conflicts of law principles. You and BROADMAX DISTRIBUTOR Inc. agree that if a court or other tribunal determines that the arbitration agreement is invalid, all disputes will be resolved in a court located in New York county in the State of New York, whether federal or state court.
Serviced by BROADMAX DISTRIBUTOR Inc. Call 1(855)205-7000 for fee and rate questions, refunds, and customer service.
11. Ebroadmax Gift Card Terms and Conditions
Use of this Ebroadmax Gift Card constitutes acceptance of the card terms and conditions. The Ebroadmax Gift Card is a promotional gift card that may not be sold, transferred or redeemed for cash.
This card contains value of 25$ which may only be used to purchase goods (not services) at Ebroadmax.com. Phone Cards, Pinless Service cannot be purchased with this Gift Card
We are not responsible if your Ebroadmax Gift Card is lost, stolen, destroyed or used without your permission.
This card may not be redeemed for cash. It is not a credit or debit card.
IN THE EVENT A GIFT CARD IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
For customer service and card information call 1-855-205-7000.
* Note: DO NOT press the "send/talk/call" button after entering your destination number as this may end the call made using our access number and cause another call to be made through your mobile service provider. This could cause your mobile service provider to charge you expensive international fees.