Terms of Service
1. DEFINITIONS
2. GENERAL PROVISIONS
3. PRIVACY
4. CHARGES
5. REFUNDS/NO CHARGEBACKS
6. MEMBERSHIP
7. INTELLECTUAL PROPERTY
8. NO THIRD-PARTY BENEFICIARIES
9. LIMITATION OF LIABILITY
10. INDEMNITY
11. REPRESENTATIONS AND WARRANTIES
12. BREACH, REVOCATION AND CANCELLATION
13. SEVERABILITY
14. GOVERNING LAW
15. EXCLUSIVE VENUE
16. DISPUTE FEES AND COSTS
1. DEFINITIONS
1.1. “Agreement” means the most current version of this terms of service agreement between us and you.
1.2. “Licensed Materials” means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks,
and trade dress.
1.3. “Product” means the payable VoIP products used for Internet telephony and provided by us pursuant to the terms of this Agreement.
1.4. “Profile” means the membership information, including but not limited to your legal name, address, telephone, fax, email.
1.5. “Services” means each and every service we offer.
1.6. “Site” means www.MarqueDirecto.com and all other Uniform Resource Identifier we use to provide our Services.
1.7. “System” means all of our software and hardware.
1.8. “We,” “us,” and “our” means Phoenix Telecom INC., a Florida corporation.
1.9. “You,” “your,” and “yourself” means any person, organization or business entity that is a Broker, Renter or otherwise seeks to use our
Services, as well as their agents, assigns, and successors.
2. GENERAL PROVISIONS
2.1. Please direct any questions not answered by reading this Agreement to us at support@MarqueDirecto.com.
2.2. Our Site and Services are not intended to support or carry emergency calls to any emergency services.
2.3. You may not access the Site or utilize our Services if you are under eighteen (18) years of age or otherwise not competent to enter
into a binding contract.
2.4. Before you may use any of our Services, you must:
2.4.1. read and agree to comply with this Agreement and
2.4.2. understand and accept that this Agreement:
2.4.2.1. takes effect the moment you access the Site;
2.4.2.2. may only be amended or modified by us, unless we agree otherwise in writing with you;
2.4.2.3. may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted
on the Site and your continued use of our Services shall be irrefutable proof of your consent to the terms and
conditions of the most current version of this Agreement;
2.4.2.4. is the entire and only agreement between you and us;
2.4.2.5. contain all terms and conditions of your relationship with us and your use of our Services; and
2.4.2.6. shall only terminate under the conditions provided for herein.
2.5. This Agreement shall in no way create an agency, employee-employer, franchisor-franchisee, joint enterprise, joint venture, or
partnership relationship between you and us.
2.6. Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent
performance at any time of the same provision.
2.7. Should we determine, in our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with
subsequent notice to you:
2.7.1. immediately cancel your account and membership with us;
2.7.2. use your personal information to collect all pending and applicable fees and other amounts due;
2.7.3. charge you for all administrative costs in connection with any violation by you of any provision of this Agreement; and
2.7.4. bring legal action to enjoin violations and/or to collect all damages caused by your violations of this Agreement.
2.8. We cooperate with law enforcement and all other appropriate authorities and organizations.
2.9. Unless otherwise provided herein, you agree that:
2.9.1. all notices from us to you shall be sent to your current email address on file with us and will be deemed immediately delivered
even if such email address is no longer valid and
2.9.2. all notices from you to us shall be:
2.9.2.1. sent to notice@MarqueDirecto.com and deemed immediately delivered or
2.9.2.2. in writing and delivered by courier or registered mail to Attn: DDM Notice, Phoenix Telecom INC., 5840 SR 60 East,
Plant City, Florida 33567, and shall only be deemed delivered once the letter arrives at our office.
3. PRIVACY
3.1. Protecting your privacy is very important to us; so we do not sell your personal information and will only use it for obvious, legitimate
business purposes.
3.2. You agree that we may use your personal information to enforce this Agreement, and when complying with an order of a court or
other government entity of competent jurisdiction.
3.3. When you establish an account with us, you are required to provide us with your name, address, telephone, and email address.
We use this information to contact you when necessary and to confirm your identity when you contact us.
3.4. We may use clear gifts, cookies, log files, and third parties to create a profile of our users and the information gathered is personally
identifiable as belonging to you so that we can better determine what Services and System adjustments will optimize your experience
at the Site.
3.5. The System allows you to purchase our Services online. Goldbar Enterprises, LLC processes your payments, and we do not receive
your financial information.
3.6. We may offer you opportunities to communicate with third parties. Please remember that we do not control or guarantee in any way
the accuracy or safety of the content on websites not operated by us.
3.7. Any information you disclose to third parties on our Site or other websites becomes public information, and you should exercise
caution when deciding to disclose any personal information.
3.8. We follow established security procedures to keep your personal information safe from unauthorized third parties.
3.9. You alone are responsible for maintaining the security of your account access information—i.e., username, password and email
address.
3.10. You alone are responsible for confirming the accuracy of your personal information that we use to contact you. Any email messages
we receive that appear to be from the email address we have on file for you shall be deemed to have been sent by you or your duly
authorized agent with full authority to act on your behalf.
4. CHARGES
4.1. You are required to make advance payment for all use by you or your agents of our Services and System and this obligation shall
survive termination of this Agreement.
4.2. We may change our rates at any time, and the new rates shall take immediate effect.
4.3. Interest at a rate of twelve percent (12%) per year, or the highest rate allowed by law, shall be applied to all outstanding amounts
more than thirty (30) calendar days past due.
4.4. A $100 administrative fee shall be applied to every chargeback you make on charges for payment to us.
4.5. We will make three attempts to charge your credit card on file with us for the purpose of collecting all outstanding amounts due.
5. REFUNDS/NO CHARGEBACKS
5.1. No payments shall be refunded and all sales are final.
5.2. You shall not chargeback any fees paid to us, unless you have been the victim of identity theft and provide us with a valid police
report. Your failure to comply with this section may result in immediate termination of your use of our Services and System and your
obligation to pay liquidated damages of $100.00 to us for each charge back you make.
6. ACCOUNTS
6.1. You must open an account in order to use our Site or Services.
6.2. We may cancel your account if we determine, in our sole discretion, that you have violated the terms of this Agreement.
6.3. You may cancel your account by simply writing us at info@MarqueDirecto.com, and your cancellation shall take effect
twenty-four (24) hours from the time notice was sent in this manner or from the time you pay all amounts due to us,
whichever is later.
7. INTELLECTUAL PROPERTY
7.1. You may not copy or otherwise attempt to benefit or assist others to benefit, directly or indirectly, from use of out Licensed Materials
other than through normal use of the Site.
8. NO THIRD-PARTY BENEFICIARIES There shall be no third-party beneficiaries to this Agreement. All assignments are void unless
consented to by us in writing.
9. LIMITATION OF LIABILITY
9.1. You agree that we will not be liable for any harm or loss that may occur in connection with:
9.1.1. any act or omission by you or your agent, whether authorized or unauthorized;
9.1.2. your use or inability to use our Services;
9.1.3. public or private information, whether accurate or inaccurate or fraudulent, provided by you or a third party;
9.1.4. access delays or access interruptions to our Services;
9.1.5. the failure to deliver or erroneous delivery of information;
9.1.6. any breach of contract you have with a third party, such as an employer, buy the use of this site;
9.1.7. any breach of a 3rd party’s intellectual property as a result of information posted by you;
9.1.8. your failure to pay us any applicable fees;
9.1.9. the actions, orders and judgments of administrative, judicial and other governmental bodies.
9.2. Our Site and Services are not intended to support or carry emergency calls to any emergency services.
9.3. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or
indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures,
other equipment failures, electrical power failures, labor disputers, strikes, riots, hurricanes, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third
parties.
9.4. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not
limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you we are aware of the
possibility or probability of such damages.
9.5. If we are deemed liable to you by a competent court, our maximum possible liability to you for any reason shall not exceed $100.
10. INDEMNITY
10.1. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS
HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES OR COSTS, INCLUDING ALL ATTORNEY FEES,
COLLECTION FEES AND COURT COSTS, RELATED TO ANY DEMAND OR LITIGATION IN ANY WAY RELATED TO:
10.1.1. YOUR USE OF OUR SERVICES;
10.1.2. YOUR BREACH OF THIS AGREEMENT;
10.1.3. INACCURATE OR FRAUDULENT INFORMATION PROVIDED BY YOU OR A THIRD PARTY;
10.1.4. THE CANCELLATION OR LIMITATION OF YOUR ABILITY TO USE OUR SYSTEM AND SERVICES, INCLUDING BUT NOT LIMITED
TO OUR SITE; OR
10.1.5. INFRINGEMENT OF ANY THIRD-PARTY RIGHTS ARISING YOU’RE YOUR USE OF OUR SYSTEM OR SERVICES.
11. REPRESENTATIONS AND WARRANTIES
11.1. You represent and warrant that:
11.1.1. all Profile information you provide to us is accurate and none of the Profile information or documents your provide to us
contain fraudulent or otherwise inaccurate information.
11.1.2. you will update your Profile information within ten (10) calendar days after it becomes inaccurate;
11.1.3. you will not directly or indirectly infringe the legal rights of third parties or our Licensed Materials;
11.1.4. you have not entered into this Agreement and will not enter into any additional agreements with us in bad faith; and
11.1.5. you are at least legally competent to enter into a binding contract with us.
11.2. We make no representations or warranties of any kind in connection with this Agreement.
11.3. With regard to the Site and our Services
11.3.1. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose.
11.3.2. We do not warrant that our Services will meet your requirements, be uninterrupted or error free.
11.3.3. We do not make any warranties or representations regarding use, correctness, accuracy, or reliability.
11.4. You agree that:
11.4.1. you use the Site and our Services at your own risk;
11.4.2. you use the Site and our Services on an “as-is” and “as-available” basis and at your own risk and discretion;
11.4.3. you alone are responsible for any damage to your hardware and software or loss of data in any way related to your use of
the Site or our Services;
11.4.4. neither we nor our members, officers, employees or agents shall have any liability to you; and
11.4.5. no advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated
in this Agreement.
12. BREACH, REVOCATION AND CANCELLATION.
12.1. Unless otherwise provided herein, any breach of this Agreement by you must be remedied within five (5) calendar days after we
send email notice of the breach to you.
12.2. Such notice shall be deemed delivered when sent to the e-mail address then on record with us.
12.3. If you fail to cure the breach within such period, we will have no further obligation to you and may terminate your membership
and/or seek any other remedy available at law or in equity including but not limited to obtaining an injunction or specific
performance.
12.4. Except as otherwise specified in this Agreement, notice of our actions pursuant to this Agreement will usually be provided to you
within fifteen (15) calendar days following the taking of such action.
12.5. In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our
Services and System.
12.6. In the event such a breach occurs by you, we may post on the Site that you have violated our terms and conditions of service.
12.7. In the event we determine that you have or continue to violate this Agreement:
12.7.1. We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in
regarding your use of our Services and System; and
12.7.2. You will also be subject to legal ($200 per hour), administrative ($75 per hour), and technical ($150 per hour) fees in a
reasonable amount for damages incurred by us for any violations of this Agreement.
13. SEVERABILITY
13.1. In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this
Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision
that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
14. GOVERNING LAW
14.1. This Agreement shall be governed by the federal laws of the United States and the laws of the State of Florida, without regard to
any conflict of laws provisions.
15. EXCLUSIVE VENUE
15.1. Any actions relating to or arising out of this Agreement or any use of our Services that include us as a party shall be brought
exclusively in the federal and state courts for Miami-Dade County, Miami, Florida, and you consent to the exercise of personal
jurisdiction over you by these courts in all such actions.
15.2. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of
your domicile and Miami-Dade County, Miami, Florida.
16. DISPUTE RELATED FEES AND COSTS
16.1. If we reasonably decide to retain an attorney or collection agency to enforce this Agreement, the prevailing party will be entitled
to an award of all reasonable fees and costs, regardless of whether a judgment is rendered or suit is ever filed.
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