Terms and Conditions
IMPORTANT 911 NOTICE: DO NOT USE THE SERVICE TO CALL 911
You acknowledge and agree that GotoPhone is not a substitute for traditional telephone service and that you will not use the service to call 911.
PLEASE READ THESE TERMS CAREFULLY BEFORE SIGNING UP FOR SERVICES
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE
These Terms of Service, together with any operating rules, policies, price schedules or other supplemental documents published from time to time by the Company (collectively, the "Agreement"), constitutes the entire agreement between the Company and you regarding the Services, and supersedes all prior agreements between the Company and you regarding the subject matter of this Agreement. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement. If you are using the Services on behalf of your employer, you represent that you are authorized to accept this Agreement on your employer's behalf.
If you begin, but fail to complete the sign up process for Services, the Company may contact you in an effort to help you sign up for the Services or another service provided by the Company. You hereby authorize the Company to make such contact, even if you ultimately determine not to sign up for any of the services provided by the Company.
Unless explicitly stated otherwise, this Agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to the release of new Company software and Services. In the case of any violation of this Agreement, the Company reserves the right to seek all remedies available by law and in equity.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement.
MODIFICATIONS TO THIS AGREEMENT AND TO THE SERVICES
We may revise this Agreement at any time by updating this page without notice to you. Such revisions are effective to you as a user of this Service immediately upon posting. Your continued use of this Service shall be deemed acceptance of those revisions.
The Company reserves the right to modify or discontinue any of the Services with or without notice to you and the Company shall not be liable to you or any third party should the Company exercise its right to do so.
Your Services begin upon activation and automatically renew on a monthly basis, until terminated upon notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder.
Your submission of your order on this site or receipt of an email confirmation signifies acceptance by GotoPhone of your order and the provision of your Account. We may verify orders to prevent fraud, and if we suspect the placement of a fraudulent order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), we may contact you by email or telephone regarding such suspected fraudulent order and, in sole discretion, interrupt, restrict or terminate your Account without notice to you.
USE OF SERVICES
You agree to be financially responsible for your use of the Services and to comply with your responsibilities and obligations as stated in this Agreement. You agree not to use the Services and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property.
As part of your registration process, you will be required to provide a valid email address and select a password. You may change your password, as well as your PIN to protect your voicemails, after logging in to your GotoPhone account. You are entirely responsible for notifying us of any change in your email address and for failing to maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your GotoPhone account.
RESALE OR TANSFER
You are expressly prohibited from reselling or transferring the Service and/or software to any other person for any purpose, without advance express written permission from GotoPhone.
UNAUTHORIZED COMMERCIAL USE
The Service is for internal business purposes only, or for the direct benefit of you, your company or affiliated organization. You agree to not make the Service available to unaffiliated persons, whether or not you generate income from this practice. If GotoPhone, in its sole discretion, believes that your account is being used by unauthorized persons, your account may be immediately suspended or cancelled without prior notice to you.
UNAUTHORIZED, FRAUDULENT USE OR THEFT OF SERVICE
You agree to immediately notify us of any unauthorized use of your GotoPhone account or any other breach of security known to you. You must provide a detailed description of the circumstances of the theft or stolen or fraudulent use of the Service and supply any additional documentation reasonably requested by GotoPhone. Failure to do so in a timely manner may result in the termination of your Service and additional charges.
We have the right to interrupt, restrict or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. If we suspect fraud on your account we reserve the right not to refund your charges under the 30 Day Money-Back Guarantee.
AUDIT AND LAW ENFORCEMENT
GotoPhone reserves the right to audit your use of the Service to enforce the provisions of this Agreement. GotoPhone reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.
MANAGEMENT OF YOUR SERVICE VIA THE INTERNET
We will provide you with an internet web site address where you can log in to manage your service, view calls logs and invoices, and manage basic account information. You must have internet access to use our service. It shall be your responsibility to manage all configuration details yourself. Logging in to the web site service requires a common, and current, internet browser with support for SSL encryption and cookies enabled. Anyone whom you give access to the management website, through use of your secure account codes, shall be authorized by you to make any and all changes to your Services, account and Number.
FREE TRIAL OFFERS
From time to time, GotoPhone may allow users to subscribe pursuant to a promotional offer granting a free trial for Service ("Free Trial"). Free Trial subscribers will receive free use of the Service solely for a limited period of time and all use of the Service shall be subject to the terms herein, plus all other restrictions, limitations and conditions identified in the specific promotional offer. Notwithstanding any other provision in this Agreement, all Free Trial subscriptions are provided solely as an accommodation to the subscriber, and GotoPhone reserves the right, at all times in its sole discretion, to terminate any Free Trial at any time without notice. Once the Free Trial period expires, the subscriber will be ineligible to subsequently establish another Free Trial account under the same or any other identity, unless expressly permitted to do so under the terms of a specific promotional offer.
Free Trial subscriptions are intended to give subscribers the opportunity to test and evaluate the service, and thus include the base number of minutes in the rate plan selected at no charge. Any overage minutes (minutes in excess of the base number of minutes included in the selected plan) will be charged to the customer at the overage minute rate associated with the selected plan.
PROMOTIONAL OFFERS FOR NEW SUBSCRIBERS
From time to time, GotoPhone may offer discounts and/or special incentives exclusively for new subscribers. Notwithstanding any other provision in this Agreement, GotoPhone reserves the right, at all times in its sole discretion, to terminate any promotional offer at any time without notice. Unless expressly permitted under the terms of a specific promotional offer, current and former subscribers, under the same or any other identity, are ineligible for any promotional offer reserved for new subscribers.
TERMINATION FOR CAUSE
Either party may terminate this Agreement at any time in the event that the other party breaches any provision of this Agreement in any material respect and fails to cure such breach within 30 days after receipt of written notice of such breach. Notwithstanding the foregoing, GotoPhone may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service or if deemed reasonably necessary by GotoPhone to prevent interruption or disruption to the GotoPhone system, its business or other customers; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure. GotoPhone shall not be liable to you or any third party should we exercise our right to discontinue Service, in whole or in part, or terminate this Agreement pursuant to this section.
CONSENT TO RECEIVE EMAIL
By establishing a paid or trial account with GotoPhone, you consent to receive periodic email communication from us concerning services and billing, including without limitation, notices of service updates, payment transactions, payment methods, usage reports, and other correspondence required for administration of the Service. GotoPhone does not provide paper invoices, payment receipts or instructions; you are expected to manage the Service through the GotoPhone website, and we expect to communicate with you as necessary via email and the GotoPhone website. It is your responsibility to keep an up to date email address on file with GotoPhone at all times.
OWNERSHIP OF YOUR NUMBER
You are the owner of any local or toll free telephone number assigned to you by GotoPhone or transferred by you to GotoPhone. Prior to termination of your Account for any reason, you may request to transfer your number to another carrier at no extra charge. If you fail to transfer your number to another carrier prior to terminating your Account, then following the termination of your Account, your number may be reassigned. If you initiate the transfer during a free trial period, you will be required to convert your account to a paid account while waiting for the transfer to complete. It is your responsibility to have your number transferred to another carrier prior to canceling your Account.
You must provide a valid credit card number when the Service is activated. You authorize GotoPhone to charge automatically to your credit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit card issuer. Your charges and credits issued will appear on an online billing statement that you may access from the GotoPhone website. You give GotoPhone permission to obtain authorization for use of your credit card from your card issuer. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise GotoPhone at once. Your initial signup authorizes us to charge the credit card on file with us, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 30 days after we receive your notice to terminate our authority to charge your card, whereupon we will charge you for any outstanding charges and terminate the Service.
GotoPhone bills all charges and applicable taxes and fees monthly in advance (except for usage-based charges, which will be billed monthly in arrears, plus any other charges which GotoPhone chooses to bill in arrears) to your designated payment method. GotoPhone is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds in your account. GotoPhone reserves the right to bill at more frequent intervals if the outstanding amount due at any time exceeds $250 USD. All charges will be billed according to the rates and terms set forth in published materials and found on the GotoPhone website in U.S. Dollars.
PAYMENT TERMS & CONDITIONS
Payment is due upon receipt. A valid credit card must be on file. We accept American Express, Visa, MasterCard, and Discover Card. If your card declines for any reason, we will attempt to contact you via email and phone. If there is no response, your account may be suspended or closed.
You will not receive paper invoices or receipts. You can access printable invoices and billing reports via the GotoPhone website.
ANNUAL SERVICE PLANS
The annual service fees associated with the optional GotoPhone Annual Service Plans represent payment for twelve or twenty-four consecutive months of Service commencing on the Activation Date. You will be responsible for any additional charges for services or usage not covered by the plan, billed on a monthly basis. If you cancel the Service prior to the end of the contractual period, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR THE UNUSED PORTION OF YOUR CONTRACTUAL PERIOD. At the conclusion of the service period, your Service will automatically renew for a subsequent identical service period at the previous renewal price for the selected GotoPhone annual Service plan, unless you notify us in writing at least 30 days prior to the service plan expiration date.
Usage charges apply from when a call is received by the Service until it is disconnected by both the calling and called party. USAGE IS BILLED IN SIX SECOND INCREMENTS, AND CHARGES ARE ACCUMULATED AND BILLED MONTHLY. If GotoPhone deems usage quantities to be excessive, at our discretion, usage charges may be charged more frequently.
For inbound calls to your GotoPhone Number from Alaska, Hawaii, United States territories such as Puerto Rico, and Canada, GotoPhone assesses a surcharge of 6 cents per minute.
Forwarding of your calls to areas outside the continental United States are charged based on the international outbound rates posted on the Site. GotoPhone may, in its sole discretion, block access to certain international countries and locations that are frequently implicated in fraudulent calls.
GotoPhone reserves the right to restrict usage, require rate plan changes, or discontinue service on accounts that exceed what GotoPhone considers to be a reasonable type or amount of usage.
GotoPhone may offer prepaid usage options, allowing you to purchase prepaid plans at discounted monthly or yearly rates. If you cancel the Service, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR UNUSED PREPAID USAGE; the unused prepaid amount will be permanently forfeited.
PRICE AND PRICE CHANGES
Prices and charges relating to the Service are posted on the GotoPhone website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than seven days (1) after posted on the GotoPhone website or (2) you are otherwise notified of the changes, including being sent an electronic notification to the email address registered on your account.
FAILURE TO PAY
We may suspend, restrict, or cancel the Service and this Agreement if you do not make payments for current or prior bills by the required due date. Service cancellation will result in your loss of the Numbers associated with the Service.
LATE PAYMENT CHARGE
We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit or debit card, we will charge you an additional $50.00. If the state where you receive the Service requires a different fee, we will charge you that amount.
INVALID PAYMENT METHOD
If we determine, in our sole discretion, that the payment method(s) registered on your account is no longer valid (such as the passing of an expiration date associated with a credit card or a failed payment transaction against that card, for any reason), we may suspend or restrict the Service until you provide a valid payment method.
You are responsible for, and must pay, any applicable federal, state, local, or other governmental sales, use, excise, public utility, or other taxes, Universal Service Fund fees, and charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. These amounts are in addition to payment for the Service and will be billed to your credit or debit card as set forth in this Agreement. If you are exempt from payment of such charges, you must provide documentation satisfactory to us that you are exempt. Tax exemption will only apply from and after the date GotoPhone receives and verifies this documentation. Taxes and other applicable fees will be in the amounts specified by federal, state, and local authorities.
You acknowledge and agree that credit allowances for interruption of the Service will not be provided.
You must notify GotoPhone within seven days after receiving your credit or debit card statement if you dispute any GotoPhone charges on that statement or such dispute will be deemed waived.
You are responsible for paying all charges to your Account for Services, including but not limited to, long distance and directory assistance charges, regulatory and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Services.
You may cancel the Service at any time by notifying GotoPhone in writing. GOTOPHONE will confirm all such cancellations and their effective date via email. GOTOPHONE will require proof of this cancellation request confirmation email in the event of a billing dispute for services and invoices on or after a “cancellation date”. By agreeing to these Terms and Conditions you agree to be financially liable for all billing GOTOPHONE generates subsequent to a cancellation request if there is no record of a cancellation confirmation email in GOTOPHONE systems. You remain fully liable for accrued charges, taxes, and fees outstanding at the time of termination, and you authorize GotoPhone to process these amounts to your credit or debit card. You agree that if we are unable to process these amounts to your designated credit or debit card(s), we may take other steps as we deem necessary to collect the fees owed to us for the Service, and that you will be responsible for all costs and expenses we incur in connection with such collection activity, including collection fees, court costs and legal fees.
You agree to defend, indemnify, and hold GotoPhone, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service or this Agreement, including, but not limited to: (1) your use of the Service (including without limitation, any person accessing the Service using your account); (2) any actual or alleged violation of this Agreement or any applicable law, rule or regulation by you or any person accessing the Service using your account; or (3) any actual or alleged infringement or violation by you or any person accessing the Service using your account of any intellectual property, privacy right, or other right of any person or entity. You agree that GotoPhone should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence.
LIMITATIONS OF LIABILITY
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF GOTOPHONE SERVICE DESCRIBED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF GOTOPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTOPHONE, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER GOTOPHONE NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. NEITHER GOTOPHONE NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, GOTOPHONE EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
GotoPhone, and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Accelerated Voice, LLC. GotoPhone trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by Accelerated Voice, LLC, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GotoPhone. All other trademarks not owned by Accelerated Voice, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Accelerated Voice, LLC.
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by GotoPhone to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor GotoPhone is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement, and all other aspects of the use of the Service and the GotoPhone website, shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. You agree to submit to the exclusive jurisdiction of the state or federal courts located in or with responsibility for Marin County, California to resolve any disputes arising hereunder. ANY CAUSE OF ACTION BY USE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED.
EVENTS BEYOND OUR CONTROL
GotoPhone will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, other abnormal weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.
GotoPhone Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. GotoPhone is not liable for any lack of privacy which may be experienced with regard to the Service. By using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.
Failure by GotoPhone to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of GotoPhone to insist upon strict performance hereof or any of its rights and remedies.
CHANGES TO THIS AGREEMENT