CentMobile from Rubard, LLC Terms of Service
CentMobile from Rubard, LLC makes available for your use on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by CentMobile (collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Service"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Service.
CentMobile may modify the Materials, Services and Terms of Service at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the CentMobile Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a password required for access to and use of the CentMobile Services. You are responsible for all actions that take place as a result of access to or use of the CentMobile Services via your password and/or via your phone (“Device”) independently of whether the access was made by yourself or by a third party using your password and/or Device.
PHONE NUMBERS PROVIDED BY CENTMOBILE
US phone numbers provided for use are unique for each active account and cannot be used by another active account. You expressly acknowledge and agree that the assigned numbers are not portable to any third party.
ACCOUNT NUMBER, PASSWORD AND PERSONAL IDENTIFICATION NUMBER (PIN)
You are responsible for maintaining the confidentiality of your account number, password and PIN. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
DISCLOSURE OF INFORMATION
CentMobile reserves the right at all times to disclose any information as CentMobile deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in CentMobile's sole discretion.
UNAUTHORIZED USE/STOLEN DEVICE
If your Device is stolen or if you become aware of unauthorized use of the CentMobile Services you must notify us immediately to suspend the CentMobile Services. You are responsible for all charges to your account with CentMobile (“Account”) until the CentMobile Services are suspended. We have the right to change your password and user name at any time in our sole discretion and without notice.
NO EMERGENCY CALLS
The CentMobile Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies; medical care unit or any type of emergency services of any kind and CentMobile is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the CentMobile Services.
NO UNLAWFULL OR PROHIBITED USE
You expressly acknowledge and agree to use any CentMobile Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any CentMobile Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party’s intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in CentMobile’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any CentMobile Service in any manner that could damage, disable, overburden, or impair any CentMobile server, or the network(s) connected to any CentMobile server, or interfere with any other party's use and enjoyment of the CentMobile Services.
CentMobile does not make any express warranty regarding the CentMobile Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however CentMobile shall endeavor to provide the CentMobile Services with minimum disruptions. CentMobile cannot guarantee that the CentMobile Services will always function without disruptions, delay or other imperfections and CentMobile may choose not to provide service to countries or calling areas at its sole discretion. Since the CentMobile Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the CentMobile Services. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. CentMobile will not be liable for any disruption, delays, eavesdropping or other omissions in the CentMobile Services.
CUSTOMER SERVICE AND SUPPORT
To keep CentMobile operating cost low and pass the savings to our customers we offer support via emails only. We will make our best effort to answer emails immediately but in some cases response may take up to 48 hours.
PAYMENTS, RATES AND REFUNDS
Call times for each call are rounded up to the next whole minute and billed in full minute increments. All calls for which we receive answer supervision shall incur a minimum one-minute charge. CentMobile relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment.
BILLING DISPUTES AND ACCOUNTING ERROWS
You must notify us in writing of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges.
APPLICATION OF PAYMENTS AND CREDITS
When a call is charged against your account, we will first charge against all available credits purchased by your credit, debit or charge card. Once such credits are depleted, we will charge against any available bonus, promotional or other credits in your account.
EXPIRATION OF CREDITS
A credit balance for the CentMobile Services on the active Account never expires.
You may request for a refund by contacting CentMobile’s customer services via support@CentMobile.com . Refund requests carried out through other means shall not be eligible for the refund. No refunds will be given for services paid or credit acquired through referral bonus, deposit bonus, promotional gift dollar awards, or any other award bonuses. CentMobile reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
TERMINATION AND CANCELLATION
SUSPENTION AND INTERRUPTION
CentMobile is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the CentMobile Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the CentMobile Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time CentMobile may prevent use of the CentMobile Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
You may discontinue using the Services at any time by notifying us by e-mail (support@CentMobile.com ). We will terminate your Account as soon as practicable; in all cases, you will remain responsible for payment of all charges for Services rendered up through such termination.
Account expires and will be closed after six (6) months of inactivity (measured from the date of last use). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (support@CentMobile.com ). Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid Services Account as of the date it expires.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of CentMobile (collectively "Marks") are and shall remain the exclusive property of CentMobile and nothing in this agreement shall grant you the license to use such Marks.
All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of CentMobile. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
USE OF SOFTWARE
The software that is made available to download from this Site is the copyrighted work of CentMobile and/or its suppliers and partners. Use of such software is governed by these Terms of Service and the terms set forth in the applicable end user license agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If CentMobile believes, in its sole discretion, that you have engaged in any of the foregoing conduct, CentMobile may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with CentMobile, and your personally identifiable information to the proper authorities for investigation or prosecution.
LIMITATION OF LIABILITY
IN NO EVENT WILL CentMobile BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF CENTMOBILE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
WARRANTIES AND DISCLAIMERS
HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE CENTMOBILE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CENTMOBILE AND CENTMOBILE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CENTMOBILE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CENTMOBILE OF THE SITE. CentMobile AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS". CentMobile DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. CENTMOBILE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. CENTMOBILE DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES CENTMOBILE WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. CENTMOBILE DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.
You agree to indemnify, defend and hold CentMobile, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of CentMobile and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that CentMobile, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. CentMobile may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that CentMobile may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that CentMobile shall not be liable to you or any third-party for any termination of your access to the Services or Materials.
GOVERNING LAW JURISDICTION
These Terms of Service shall be governed and construed in accordance with the laws of the State of New York. You agree that in any legal action or proceeding between you and CentMobile for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of New York and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CentMobile's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. CentMobile may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
PERSONAL INFORMATION AND PRIVACY
TELL A FRIEND ABOUT CENTMOBILE.
WE GIVE $60 BONUS, $30 GOES TO
YOU AND $30 TO YOUR FRIEND