Pageplus

PAGEPLUS CELLULAR TERMS AND CONDITIONS Last Updated: January 30th, 2015 Confidential and Proprietary Information Welcome to Pageplus! By using Pageplus products, software, services or web sites ("Pageplus services”, “Pageplus”, “Pageplus Website”, “Pageplus Site(s)”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement on this page. 1. USE OF SERVICES Pageplus, LLC (“Pageplus”) its subsidiaries and affiliated companies, offer Pageplus services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Pageplus services. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You agree to immediately notify Pageplus of any unauthorized use of your account or any other breach of security. Pageplus cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure. You cannot rely on any other documents or statements by any sales person, service representative or other agent. You acknowledge and agree that you have not relied on any representation, assertion, guarantee, warranty, contract or other assurance, stated or made by anyone except those set out in this Agreement. 2. APPROPRIATE CONDUCT You agree to use Pageplus services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Pageplus services or servers or networks connected to Pageplus services. In addition to this agreement, your use of some specific Pageplus services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement. Users outside of the United States agree to comply with their own local rules regarding the usage of Pageplus services. 3. PAGEPLUS CELLULAR PRIVACY POLICY By using Pageplus services, you acknowledge and agree that Pageplus may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Pageplus, its users or the public as required or permitted by law. You understand that the technical processing and transmission of Pageplus services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services. Pageplus privacy policy applies to customers of the Pageplus family of products and services in the United States and to visitors to Pageplus websites. It does not apply to Pageplus customers outside the United States. Information We Collect and How We Use It We collect and uses information about our customers and website visitors when you interact with us, when you use our products and services, and when you visit our websites. This information is used to deliver, provide, and repair products or services; establish and maintain customer accounts and billing records; contact you about our products and services and direct offers or promotions to you; monitor website statistics; and manage and protect our networks. Information may also be aggregated or anonymized for business and marketing uses by us or by third parties. We may also obtain consumer information (such as demographic and interest data) from outside companies who provide such data. We use this data and combine it with other information we have to help us predict customer preferences and direct marketing offers. When you use social media credentials to login to or otherwise interact with an Pageplus site or offer, we may collect information about your social media profile, such as your interests, “likes” and friends list. We may use this information, for example, to personalize your experiences and marketing communications, to enhance our services and to better serve you. You can control this data sharing via options in your social media accounts. We may also obtain contact information and other marketing lead information from third parties, and may combine it with information we have to contact you or direct our marketing offers to you. Website visitors and others may provide us with your email address through "refer-a-friend" options or social networking platforms. We use these email addresses to send promotional marketing information. Pageplus collects and uses mobile device data including location, cookie and other device fingerprinting tools for a variety of purposes, including to provide our mobile voice and data services, emergency services, and our for our fraud management system. Information collected from your PC or Mobile Device may be utilized for legal measures and may be provided to third party law enforcement services. Information We Share Pageplus uses vendors and partners for a variety of business purposes such as to help us offer, provide, repair and bill for services we provide. We share information with those vendors and partners when it is necessary for them to perform work on our behalf. For example, we may provide your credit card information and billing address to our payment processing company solely for the purpose of processing payment for a transaction you have requested. We require that these vendors and partners protect the customer information we provide to them and limit their use of Pageplus customer data to the purposes for which it was provided. We do not permit these types of vendors and partners to use this information for their own marketing purposes. As described in more detail in other sections of this policy, Pageplus also may share certain information with outside companies-, for example, to assist with the delivery of advertising campaigns, or preparing and sharing aggregate reports. Pageplus provides the names, addresses and telephone numbers of wireline telephone customers to directory publishers and directory assistance services unless a non-published or non-listed phone number has been requested. We may disclose information that individually identifies our customers or identifies customer devices in certain circumstances, such as: • To comply with valid legal process including subpoenas, court orders or search warrants, and as otherwise authorized by law; • In cases involving danger of death or serious physical injury to any person or other emergencies; • To protect our rights or property, or the safety of our customers or employees; • To protect against fraudulent, malicious, abusive, unauthorized or unlawful use of or subscription to our products and services and to protect our network, services, devices and users from such use; • To advance or defend against complaints or legal claims in court, administrative proceedings and elsewhere; • To credit bureaus or collection agencies for reporting purposes or to obtain payment for Pageplus-billed products and services; • To a third-party to verify account information; • To outside auditors and regulators How to Limit the Sharing and Use of Your Information To remove your information from future contact by Pageplus such as SMS, E-Mail or other communications you can contact us with your information by submitting the request at: CONTACT PAGEPLUS CELLULAR Please note it may take up to 60 days for your information to be completely removed from our database. To remove your contact information from our E-Mail Reminder and Marketing System, you can click on the unsubscribe button on the bottom of the e-mail. To remove your contact information from our SMS Gateway you can submit the request on our online link to contact us. Customer Proprietary Network Information (CPNI): Customers of telecommunications and VoIP services may choose to limit the use and sharing of CPNI for our marketing services outside of services you currently have. Notice about our use and sharing of CPNI and the choices you have may be provided on your monthly bill, over the phone, via text, in contracts or in other ways. Telemarketing: Federal "Do Not Call" laws allow you to place your phone numbers on the National Do Not Call Registry to prevent telemarketing calls to those numbers. If you would like to add your numbers to this list, you may do so by calling 1-888-382-1222, or by visiting www.donotcall.gov. You should be aware that even if you add your number(s) to the federal or a state Do Not Call list, most telemarketing laws allow companies to contact their own customers. If at any time you would like to be removed from Pageplus telemarketing list, please let us know by contacting us and providing full email and phone number. Please allow up to 60 days for your telephone number to be removed from any sales programs that are currently underway. Information Security and Data Retention Pageplus has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of customer information we collect or store. Employees are trained on the importance of protecting privacy and on the proper access to, use and disclosure of customer information. Under our practices and policies, access to sensitive personally identifiable information is authorized only for those who have a business need for such access. Personally identifiable and other sensitive records are retained only as long as reasonably necessary for business accounting, tax or legal purposes. Although we work hard to protect personal information that we collect and store, no program is 100% secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information. Pageplus maintains security and incident response plans to handle incidents involving unauthorized access to private information we collect or store. Accessing and Updating Your Information To update information that we store on file such as those for Automated Recurring Billing, you can contact us by calling (800)319-4757. Our customer care center is able to update, cancel, refund, void or start automated bill payment requests. Links to and from Non-Pageplus Websites and Content We may link to third party websites including affiliates and partner sites. Content may be included on web pages and web sites that are not associated with Pageplus and over which we have no control. We are not responsible for the content on these sites or platforms or the privacy policies and practices employed by these sites and platforms. We recommend that you review the policies and practices of the sites you visit. Changes to This Policy We reserve the right to make changes to this Privacy Policy, so please check back periodically for changes. You will be able to see that changes have been made by checking to see the date listed on the top of the policy page. If Pageplus elects to use or disclose information that identifies you as an individual in a manner that is materially different from that stated in our policy at the time we collected that information from you, we will give you a choice regarding such use or disclosure by appropriate means, which may include use of an opt-out mechanism. 4. PROPRIETARY RIGHTS You acknowledge and agree that Pageplus services and any necessary website or content used in connection with Pageplus services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Pageplus services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pageplus or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Pageplus services in whole or in part except as specifically authorized in a separate written agreement. 5. POLICIES REGARDING COPYRIGHT AND TRADEMARKS Pageplus may use carrier, manufacturer or other third party logos to show the item being resold by Pageplus. U.S. trademark law as set forth in the Lanham Act provides for a non-owner of a logo registered as a trademark to make fair use or “nominative use” without prior permission from the trademark owner. The fair use or nominative use of a logo is recognized for purposes of description and identification. A newspaper, for instance, can incorporate a corporate logo in an article about a company’s annual report. Trademark allows an author of a nonfiction work to use a trademarked logo only to describe or identify the product or service of the company it represents. Likewise Pageplus may use various brands which it resells as a third party either online or retail. The use of logo or trademark by Pageplus of third party organization shall not constitute any connection to the brand other than for descriptive purposes. It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law and you may contact Pageplus directly regarding any concerns. Pageplus works with third party affiliates and resellers including those based in International Jurisdictions. Please note that we are not responsible for any infringement by third party affiliates or independent resellers which are not linked to Pageplus other than their relationship as a reseller. For any such breach please contact the third party directly. 6. INDEMNIFICATION You agree to indemnify, defend and hold Pageplus and its respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of this site or violation of this Agreement. 7. TERMINATION You may discontinue your use of Pageplus services at any time. You agree that Pageplus may at any time and for any reason, including a period of account inactivity, terminate your account to Pageplus services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Pageplus services, your information including prior history with Pageplus may be expunged from the system at full discretion of Pageplus. Sections related to the following areas: Termination, Indemnity, Disclaimer of Warranties, Limitation of Liability, Exclusions and Limitations, Choice of Law, Severability, Statute of limitations and Terms shall survive expiration and termination. 8. ADVERTISEMENTS Some Pageplus services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Pageplus services, queries made through Pageplus services or other information. The manner, mode and extent of advertising by Pageplus on its services are subject to change. As consideration for your use of Pageplus services, you agree that Pageplus may place such advertising and that Pageplus shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Pageplus services or your subsequent dealings with advertisers. 9. LINKS Pageplus services may provide, or third parties may provide, links to other World Wide Web sites or resources. Pageplus may have no control over such sites and resources and you acknowledge and agree that Pageplus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pageplus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 10. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF PAGEPLUS CELLULAR SERVICES IS AT YOUR SOLE RISK. PAGEPLUS CELLULAR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAGEPLUS CELLULAR AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. PAGEPLUS CELLULAR AND PARTNERS DO NOT WARRANT THAT (i) PAGEPLUS CELLULAR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) PAGEPLUS CELLULAR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PAGEPLUS CELLULAR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PAGEPLUS CELLULAR SERVICES WILL MEET YOUR EXPECTATIONS. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAGEPLUS CELLULAR OR THROUGH OR FROM PAGEPLUS CELLULAR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 11. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAGEPLUS CELLULAR AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAGEPLUS CELLULAR OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PAGEPLUS CELLULAR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PAGEPLUS CELLULAR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY OTHER MATTER RELATING TO PAGEPLUS CELLULAR SERVICES. 12. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 10 AND 11 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms. 14. NOTICE You agree that Pageplus may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Pageplus websites. 15. GENERAL INFORMATION Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Pageplus and govern your use of Pageplus services, superseding any prior agreements between you and Pageplus for the use of Pageplus services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Pageplus services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms and the relationship between you and Pageplus shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Pageplus agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Arlington, Virginia. Waiver and Severability of Terms. The failure of Pageplus to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Pageplus services or the Terms must be filed within thirty (30) days after such claim or cause of action arose or be forever barred. The section headings in the Terms are for convenience only and have no legal or contractual effect. 16. RETURNS AND REFUNDS ELIGIBILITY Due to the prepaid nature of the products and services sold by Pageplus you understand that by purchasing products and services from Pageplus you are only entitled to a refund of the service only in cases where it is due to the error in fulfillment by Pageplus. In cases where incorrect information was provided to Pageplus, you the customer take full responsibility for the mistake and will be responsible for services rendered. Handsets or other physical items that are purchased by you from Pageplus carries a 30 day warranty where you may return the item at your cost to Pageplus ONLY in the cases of defective merchandise. The item must be in new condition and must including any box that may have been shipped with the items, manual and accessories. Once items are received and inspected, refunds are generally processed within 3-5 business days from the receipt of the merchandise. When shipping the item to Pageplus you will need to contact Pageplus to get a RMA number and once you have received the RMA number you will need to ship the return merchandise using either USPS, UPS or FedEx using a shipping method which produces a tracking number for the return shipment and has a minimum insurance to cover the cost of the item being shipped. Service related returns or cancellations are at the full discretion of Pageplus and in nearly all cases are not refundable. From time to time we may make an exception ONLY in the cases where no services were rendered AND contact was made to our customer care department within the thirty days following the transaction. Refunds may take 3 – 5 business days to post to your account at the full discretion of the bank. We are unable to refund or check any transactions which are older than 120 days. 17. SPECIAL REFUND AND RETURNS POLICY: a. Unlocking Services For unlocking services which are rendered with code found but where you are unable to unlock your cell phone, you are required to make a video of the unlocking showing the IMEI of the phone and you the customer inputting the unlocking code on the phone for each unlocking provided and then showing that it is not accepted. If no error code is displayed on the phone that means your phone has been unlocked and no refund is due. Pageplus is not responsible for submission of invalid or incorrect IMEI numbers by customer, submission of phones that are not GSM and additionally for phones which are password locked or damaged as those are fully responsibility of the customer submitting the unlocking. b. Repair Services Cell phone repair services must be sent to Pageplus using a shipment method which generates a tracking number with minimum insurance to cover the cost of the phone in cases of damage during transit. If you have submitted a repair for diagnostics service and you do not wish to have the repair processed, you have two options one to discard the handset which Pageplus will dispose of free of charge or to have the handset shipped back to you. To have the handset shipped back to you there will be a one-time shipping and handling charge of $20 to have it packed and shipped back to you. If you have submitted a device for repair service and additional services are required to make the phone operational, you can either pay just for the repair that you have submitted for or you can have us send the phone back without any services completed for a fee of $20 for processing and shipping or you can have us do the additional repair which we can bill you for the services or have the phone or last case where you can have us discard the phone free of charge. c. Activation Services When submitting activations online make sure your device information including the carrier of the device is sent to Pageplus accurately. We are not responsible for any inaccurate submission and if correction is needed you will be responsible for the new transaction. Pageplus is not responsible if your device is not usable due to issues such as password lock or damage to the device and you have the option of switching to a different device which we can assist you with. Pageplus is not responsible if you acquire service for a device which was reported stolen, lost, or unpaid and it will be up to you to utilize another device with the SIM card as we are not responsible for validating the device for your activation. d. Cell Phone, Accessories and other Hardware Upon your acceptance of delivery of your wireless device, accessory or other hardware all risk of loss, damage, theft, or destruction of your wireless device is borne by you. In the event of any loss, damage, theft, or destruction of your item, in whole or in part, you are responsible for purchasing a replacement item at your expense, and you remain responsible for your obligations under this Agreement, including, without limitation, your responsibility for the payment of Service Charges. Bill Payment Services Bill payments are processed to the cell phone number that you provide us when submitting your payment. Pageplus is not responsible for customer mistakes where the wrong phone number is provided or an invalid phone number is provided. In such cases you must resubmit payment for the correct phone number and only you, the customer, is responsible for the mistake and making the additional payment. If you make a double bill payment and one payment overrides the other payment, you are responsible for the mistake and we recommend that customers do not make repeating payments for the same phone number as one payment can override the other payment. If a friend or family member uses your billing information to make a payment for their phone number, we recommend that you contact the family member directly and work things out internally. If we are contacted regarding a fraudulent transaction we are only able to submit refund within the last thirty days and the result of fraudulent transactions will mean that we will have to submit a police report and the user’s phone number will be permanently disconnected as a result. Transactions that are setup for Automated Bill Payment are charged monthly up to 5 days prior to your expiration date and it is up to you to contact us to have it cancelled before funds are applied to your account. Once funds are applied to your account we are no longer able to submit a refund for the transaction. You are able to cancel any automated bill payment subscription by contacting us online or over the phone in a timely manner and before funds are applied to your account. 18. CHARGEBACKS AND FRAUDULENT ACTIVITY We take fraud and chargebacks seriously and as a result to protect legitimate transactions and keep pricing affordable for all, we may collect information when you submit a transaction for processing, including but not limited to: • Device Fingerprinting Data including information related to the machine which you place your order through. • IP address including proxy filter which allows us to get 2 or more sets of IP address information. • Location information including GPS information from where the transaction is made, which may be collected in various manner including directly through your service provider. • We may place tracking cookies on your device which may become active remotely when a transaction is being investigated for fraud or other manner. By submitting your transaction through our websites, retail locations or third party vendors, you give Pageplus the right to take actions related to fraud remediation including remote locking of device, reporting of device to third parties for investigation, including law enforcement agencies that Pageplus utilizes. As a punitive measure it is under the full discretion of Pageplus to remotely disconnect a line or cancel a line permanently where the line no longer operates and the number becomes forfeited permanently. If you, the customer, contact your bank prior to reaching a customer service agent at Pageplus, you may incur additional fees for processing the refund through the bank versus directly through Pageplus, which is known as a chargeback. Chargebacks are not only costly for the bank but also costly for the merchant and to recover the chargeback fees we may pass those fees directly to the customer. When conducting the chargeback for a transaction Pageplus will dispute the chargeback with your corresponding bank, which is costly for Pageplus and in cases where chargebacks are submitted through the bank Pageplus will no longer be able to refund those transactions to the customer, even in cases where a refund would be due if the customer contacted Pageplus directly. 19. THIRD PARTY TERMS AND CONDITIONS By submitting orders online including those related to activation services, you accept the carrier terms and conditions which can be found on the carrier websites in addition to those listed on our website. 20. CONTACT INFORMATION You may contact Pageplus any of the following ways: Mail: Pageplus 4238 Wilson Blvd Suite 1216 Arlington, VA 22203 Web: Online Contact Form Phone: (800) 319-4757 Online Chat: (PREFERRED METHOD OF CONTACT) Click Here to Speak to Wireless Agent 21. FORWARD-LOOKING STATEMENTS Pageplus may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings, capital expenditures, dividends, capital structure, or other financial items relating to us; (ii) our plans, objectives and/or projections for future operations, including those relating to our products or services; (iii) our future economic performance; and (iv) other projections, estimates or forward-looking statements relating to us. Such forward-looking statements are based upon, or will be based upon, our judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. For further detail and information concerning such risks and uncertainties, please consult our reports and other documents and information now and hereafter. Note Pageplus is a closely held private company and investment in Pageplus is not available at this time. Financial information is provided to strategic partnerships where the performance of Pageplus may depend on financial stability of Pageplus. We may provide quarterly and annual reports to strategic partners and vendors such as carriers to ensure continued business with Pageplus for mutual benefit of both companies. 22. INFORMATION AND PRESS RELEASE Pageplus content including this site may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of this Pageplus site. While all Information prepared by Pageplus was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Pageplus that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Pageplus, are solely those of the author(s) and do not necessarily reflect those of Pageplus. 23. INTERNATIONAL USAGE Pageplus sites may be accessed from different locations around the world and may contain references to Pageplus services, and programs that have not been announced where you are located. These references do not imply that Pageplus intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in Arlington, Virginia and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Virginia (without regard to conflict of law principles). Any cause of action by you with respect to Pageplus (and/or information, documents and other materials contained therein) must be instituted within thirty (30) days after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under “DISCLAIMER OF WARRANTIES" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of Arlington County respect to all matters relating to this Agreement or your use of Pageplus Sites, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Except as expressly stated otherwise herein, to the extent that anything in or associated with Pageplus is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This page intentionally left blank

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