| TERMS OF USE A. Rates Subject to Change. Passport will provide
the Service to you in accordance with the terms and conditions and at the rates specified.
All rates, promotional or otherwise, are subject to change without notice. Passport
reserves the right to adjust its rates at any time and your continued use of the Service
constitutes acceptance of these rates.
B. Lawful Use. You agree not to use the
Service for any unlawful or abusive purpose, or in any way which interferes with our
ability to provide the Service or any other service to our customers, or in any way which
damages our property, or the property of others. You agree not to resell or otherwise
generate income by providing access to the Service to others. You are solely responsible
for all content transmitted through the Service under your Account. You are responsible
for ensuring that your telephone or other equipment is compatible with the Service and
meets federal standards.
C. Fraudulent Use. You must safeguard your
PIN to prevent unauthorized persons from using your Account, as you acknowledge that
Passport cannot verify the identity of persons using the Service under your PIN. Passport
is not responsible for the use of lost or stolen PIN information. If you suspect that your
Account has been fraudulently used or otherwise compromised, you must immediately notify
us.
D. Errors. The purpose of this Site is to
provide you with information about the Service. Passport makes no warranties that the
material accessed on this Site is accurate or appropriate for users outside the United
States. Those who access this Site from locations outside the United States do so on their
own initiative and are responsible to comply with local law. Information on this Site may
contain technical inaccuracies or typographical errors. Information may be changed or
updated without notice. Passport may also make improvements and/or changes to the Site or
Service at any time without notice.
E. Copyrights. The images, text, programs
and other materials found in the Site are protected by the United States copyright laws.
Any commercial use of the images, text, programs or other materials found in the Site is
strictly prohibited, without the express written consent of Passport. Elements of the
Website are protected by trade dress and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from any Passport Website may be copied
or retransmitted unless expressly permitted by Passport.
F. Passport values any feedback you may
have about the Service. It is our policy, however, not to accept unsolicited ideas about
new marketing, advertising or product concepts. It is our goal, by instituting this
policy, to avoid the possibility of any future misunderstandings when products produced by
Passport seem similar to products produced by others. If you do send us any type of
communication concerning this Site, the Service or any of our products, the content of
your communication will be treated as non-proprietary and non-confidential (even if marked
confidential) and shall become Passport property to use for any purpose, without
compensation to you.
G. Indemnification. You agree to indemnify,
defend and hold Passport, its officers, directors, employees, agents, shareholders,
licensors, suppliers and any third party information providers to the Site or Service from
and against all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement by you. The provisions of this paragraph
are for the benefit of Passport and its officers, directors, employees, agents,
shareholders, licensors and suppliers to the Site or Service. Each of these individuals or
entities shall have the right to assert and enforce these provisions directly against you
on its own behalf.
H. WARRANTIES DISCLAIMED. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. ALL SERVICES
PROVIDED BY PASSPORT ARE PROVIDED "AS IS". PASSPORT DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
TRANSACTION PERFORMED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WE MAKE NO
WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL MEET YOUR
REQUIREMENTS FOR QUALITY, SECURITY, OR OTHERWISE. PASSPORT'S DESCRIPTION OF THE SERVICE IS
NOT A WARRANTY.
I. LIMITATION OF LIABILITY. PASSPORT SHALL
NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION RELATED TO THE SERVICE. IN NO EVENT WILL PASSPORT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SOFTWARE OR SERVICE, OR ANY
TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF
PASSPORT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
MISCELLANEOUS
A. Term. This Agreement may be terminated at any time. You will have 60 days from notice
of termination to deplete any minutes you have purchased for the Service.
B. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Kansas. You agree that in any legal action or proceeding between you
and Passport for any purpose concerning this Agreement, you agree to submit to exclusive
jurisdiction in Johnson County, Kansas.
C. Waiver. Passport's failure to insist upon or enforce strict performance of any
provision of this Agreement 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 this Agreement.
D. Assignment. Passport may assign its rights and duties under this Agreement to any party
at any time without notice to you. |