This User Agreement is a binding agreement between CALLINGCARDS.COM, LLC, a limited liability company organized in the State of Texas, ("CALLINGCARDS.COM" or "We" or "Us") and You, the customer. This User Agreement describes the terms and conditions applicable to Your use of all services ("Services") on the CALLINGCARDS.COM web site ("Web Site"). By using the CALLINGCARDS.COM Web Site or by making a purchase on CALLINGCARDS.COM, You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by CALLINGCARDS.COM from time to time.
This Agreement, in addition to any other rules and policies posted on the Web Site, make up the complete and exclusive agreement between you and CALLINGCARDS.COM regarding your use of the Services and the purchase of products from our Web Site, and supersede and govern all prior proposals, agreements, or other communications. We may amend this Agreement at any time by posting the amended terms on the Web Site. Unless otherwise stated, all amendments will be effective immediately upon posting on the Web Site. This Agreement may not be otherwise amended except in a writing signed by both You and the president of CALLINGCARDS.COM.
Your use of the Web Site and Services constitutes your acceptance of this User Agreement and any amendments to this Agreement as well as additional rules or policies that are or may be published by CALLINGCARDS.COM on the Web Site. If you do not agree to any of such changes, you may request that Your membership be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy.
1. Not a Carrier or Network Service Provider
CALLINGCARDS.COM is not a "Carrier" or "Telecommunications Carrier" or "Network Service Provider" within the meaning of 57 U.S.C. § 153(44) or as used by the FCC in 47 C.F.R. or its other promulgated rules. CALLINGCARDS.COM does not provide telecommunication service, and is only a reseller of prepaid telecommunications services by providers independently responsible for the services provided.
2. Reseller Only
CALLINGCARDS.COM is a reseller of all prepaid calling cards listed on its website. While CALLINGCARDS.COM conducts a reasonable inquiry into the prepaid calling cards sold and the Carriers who provide such telecommunications services, CALLINGCARDS.COM is not a warrantor, insurer, or guarantor that the services to be provided by the carriers of the providers of such cards. Cards sold by us to You are sold without recourse against us for any breach of contract by the Carrier. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the card purchased must be handled directly between You and the Carrier. You can review a list of the terms and conditions of the Carriers for whom we resell on our website at http://www.callingcards.com/help/popup_terms_carriers.asp.
4. CPNI - Customer Proprietary Network Information
CALLINGCARDS.COM does not have direct access to your call history or related Customer Proprietary Network Information (CPNI). If we have access to CPNI, it is solely through our contractual relationship with the Carriers and is used solely for the purpose of customer service. All use of CPNI is governed by confidentiality agreements with the Carriers. CALLINGCARDS.COM does not use your CPNI for marketing purposes.
5. Limited Disclosures to Affiliates
If You became a customer through an affiliate web site or a link from an affiliate, that affiliate may receive a commission on our sales to You. We are obligated to disclose certain information about your purchases to affiliates in accounting for the affiliate's commissions. Information disclosed to affiliates is limited to: first name, first initial of last name, date of purchase, purchase amount, number of free trials, trials to activation, number of new customer orders and number of repeat customer orders. We do not disclose any CPNI to affiliates and we do not disclose any calling information or credit card information to affiliates.
6. Incorrect or Fraudulent Personal Information
CALLINGCARDS.COM also reserves the right to terminate any PINs on calling cards and to deny service or assistance to any customer or company that has provided incorrect personal information in posted orders.
7. Other User Conduct.
You understand that all information, data, text, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not CALLINGCARDS.COM, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Services. CALLINGCARDS.COM does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CALLINGCARDS.COM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Services to:
8. Remedies for Misuse of Your Account
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, an CALLINGCARDS.COM official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- "stalk" or otherwise harass another User; or
- collect or store personal data about other Users.
Without limiting any other remedies, CALLINGCARDS.COM may terminate or suspend your account and status as a Member if you misuse your account or any services.
9. Accuracy of Information Submitted to CALLINGCARDS.COM
You are responsible for the truth and accuracy of all information you provide publicly or privately to us or other Users during the registration, or in any public message area, including but not limited to chat, discussion forms, and your e-mail. Your Information: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful to minors; (f) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to any other site; (h) shall not contain any item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
Refunds and Chargebacks
10. Refund Policy
The refund policy for CALLINGCARDS.COM is located at http://www.callingcards.com/help/refund.asp and is incorporated by reference in this User Agreement. Your use of the Web Site and Services, or your purchase of products at CALLINGCARDS.COM, signifies your acceptance to the Refund Policy.
If You, in breach of this User Agreement and the Refund Policy, request a chargeback on any order from CALLINGCARDS.COM, CALLINGCARDS.COM may, at its sole discretion (1) terminate your membership registration; (2) to deny service or assistance to You; (3) cancel all outstanding PINs from any calling cards you have purchased from CALLINGCARDS.COM and seek refund from the Carriers on those PINs; (4) report information about You and the transaction to a chargeback abuser database; and (5) collect the amount due from You directly, including through legal action, if necessary.
12. Lost Minutes, Connection Issues, Etc.
Notwithstanding the above, any claims by You for lost minutes, disconnections, poor quality, and other matters related directly to Your usage of a calling card must be made to the calling card Network Service Provider.
13. Membership Eligibility
Our Services are only available to individuals who can form legally binding contracts under applicable law. Our Services are not available to minors under the age of 18 under any circumstances. If you do not wish to use our Services, please do not use the Web Site. CALLINGCARDS.COM may refuse Services to anyone at anytime, at our sole discretion. To be an eligible member of CALLINGCARDS.COM, You as the user must provide to CALLINGCARDS.COM with your legal first and last name, billing address, city, state, country, postal code, and e-mail address. Should you knowingly falsify any of the required information, your account shall be terminated immediately with or without prior notice. Membership is not open to residents of Cuba, North Korea or any other country which cannot legally trade with the United States.
There are no fees to become a member of CALLINGCARDS.COM. It is free to signup and become a CALLINGCARDS.COM member. All registered users can utilize all of the great features My Account offers at no cost
15. Secure Email Address Required
A "Secure Email Address" is an email address issued by employer, military, government or university. An email address from a free service (such as Yahoo.com, Hotmail.com, Gmail.com, etc.) is not a Secure Email Address. CALLINGCARDS.COM may require You to have a Secure Email Address. If You do not register Your membership with a Secure Email Address, CALLINGCARDS.COM may either (1) deny Your membership application; or (2) confirm your membership and Your order is by having a CALLINGCARDS.COM customer service agent call from Our office switchboard to a phone number provided by You, which must match the phone number associated with Your credit card. CALLINGCARDS.COM may confirm either the initial order and/or any subsequent orders, at the sole option of CALLINGCARDS.COM.
16. Eligibility for Trial Minutes
- CALLINGCARDS.COM may, but is not obligated to, provide trial minutes to You.
- The amount of minutes provided, and the service provider for such minutes, is solely at the discretion of CALLINGCARDS.COM
- CALLINGCARDS.COM will only provide trial minutes to You if you provide complete registration information, including a Secure Email Address and a valid telephone number.
- CALLINGCARDS.COM reserves the right to deny trial minutes to You for any reason or no reason.
17. No Obligation to Verify
CALLINGCARDS.COM has no obligation to verify Your information or Your order and CALLINGCARDS.COM may opt to process an order immediately, without verification, at its sole discretion. All verification performed is solely for the benefit of CALLINGCARDS.COM and neither You, nor Your credit card company, nor any other person is a third party beneficiary of any CALLINGCARDS.COM verification.
18. All charges in U.S. Dollars
All payments to CALLINGCARDS.COM must be made in U.S. Dollars. Your credit card must be able to process charges in U.S. Dollars.
19. Credit Card Verification
CALLINGCARDS.COM may use credit card verification (CCV) services. If Your name, phone number, address, security code, or other credit card information does not pass CCV, CALLINGCARDS.COM may cancel Your order without notice and not deliver Your calling cards.
20. Credit Card Denial
If Your credit card charge is denied for any reason, including, but not limited to, insufficient credit availability, failed CCV, presentment of the payment in U.S. Dollars, or any other reason, CALLINGCARDS.COM will cancel Your order and not deliver the calling cards requested.
21. Customer Responsible for Credit or Debit Card Fees
You are responsible for any fees charged by Your credit or debit card provider for purchases made at CALLINGCARDS.COM, including, but not limited to, charges for currency exchange, overlimit fees, interest, cash advance fees, and other charges.
Warranties & Representations
22. Adequate Disclosure of Prepaid Calling Card Information
You acknowledge that all prices, charges, expiration dates, service fees, and other terms and conditions for each and every card offered by CALLINGCARDS.COM are available on the CALLINGCARDS.COM web site or by calling our customer service department at 866-299-3937. You acknowledge that all such information has been provided or made available to you in a manner in compliance with applicable law.
You expressly represent that you have investigated the prices, charges, expiration dates, service fees, and other terms and conditions of each calling card you purchase from CALLINGCARDS.COM or have waived your right to do so.
23. Authority to Purchase
You represent and warranty that you are an authorized user of all credit cards used to make purchases on CALLINGCARDS.COM or have received permission from the owner of such account to make purchases.
24. Other Representations and Warranties
You represent that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS THE EXCLUSION OF SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. No Warranties. THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, CALLINGCARDS.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CALLINGCARDS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL TERMS AND CONDITIONS OF EACH CALLING CARD THAT YOU PURCHASE ON CALLINGCARDS.COM PRIOR TO COMPLETING SUCH PURCHASE OR HAVE WAIVED YOUR RIGHT TO DO SO.
YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS USER AGREEMENT PRIOR TO MAKING ANY PURCHASE OF CALLINGCARDS.COM OR HAVE WAIVED YOUR RIGHT TO DO SO.
Calling Card Usage
25. (a) No Direct Dialing
Calling Cards which offer "No PIN" or "Skip PIN" features or similar features require that You dial the access number prior to using the cards.
You acknowledge that calling cards purchased from CALLINGCARDS.COM cannot be used for direct dialing from your phone. You must call the access number listed on the card, follow the teleprompts, enter the calling card PIN and then dial your destination phone number.
CALLINGCARDS.COM is not responsibility for telephone charged incurred by You for direct dial calls or for any other charges incurred by You in failing to follow the instructions for use of the calling card purchased.
(b) International Use of Cellular and Mobile Phones
When using your cell phone outside your normal coverage area, your cell phone provider may charge you additional fees to use your cell phone. Please check with your service providers regarding the additional fees.
26. General Calling Card Rates and Terms
Rates and terms vary for each Calling Card offered by Us. The following terms and conditions are generally applicable to all prepaid calling cards offered on CALLINGCARDS.COM.
(a) Effective Rates
Your effective per-minute rate (the total cost of the card divided by the number of minutes actually used) depends on efficient use of included minutes. Rates and terms vary for each card. Rates are the rate set forth for each specific calling card plus any added fee(s), and/or charge(s) set forth herein or in information for a calling card. A connection fee may apply to each domestic and international call. The connection fee may vary by country (unless otherwise stated) and such fee shall be charged to your calling card. All calls are billed in one minute increments and are rounded up unless otherwise stated. For each answered call, billing begins no earlier than the point at which the PIN is entered. You may call the toll-free customer service number for each card for international rates.
(b) Non-Toll-Free Access Numbers
If you dial a non-toll-free access number, local or long distance phone charges may apply and may be billed to your local phone bill.
(c) Calling Toll-Free Access Numbers from Payphones
Public payphones may incur an additional charge of up to $0.99 depending on the payphone carrier's policy and the Calling Card's policy.
(d) Card Maintenance Fees
Some Calling Cards have a maintenance fee of up to $0.99 a week which will be applied to Your calling card within 30 days of first use, as specified.
(e) Card Access Fees
A toll-free access fee may be applied to calls without a valid destination number and such fee shall be charged to your Calling Card. Outside of the United States, 800 access fees may be applied even to calls with valid destination numbers. Access fees to local access numbers may be applied.
(f) Taxes and Governmental Fees
Federal, State, and local taxes for Lifeline Assistance and Universal Service Fund will be deducted from your calling card.
(g) Directory Assistance Charges
Calls to Directory Assistance will be charged at a higher rate and such fee shall be charged to Your calling card.
(h) Not All Phones Compatible
Not all telephones are compatible with Calling Card PIN calls. Access to compatible telephones is limited in some locations. If You are not certain that your phone support Calling Card calls, check with your local carrier prior to purchasing a Calling Card.
(i) Additional Calls
Many Calling Cards utilize the ** key to signify the end of a call. This improves the ease of usage for customers wishing to not re-enter their PIN to make a new call.
(j) Automatic Dialers Prohibited
Our Calling Cards are not compatible with automatic dialing devices. Using such devices in conjunction with our Calling Cards is prohibited. If You use of an automatic dialing device with our Calling Cards, we or our Calling Card carriers may suspend Your PINs or Your account without notice.
(k) Do Not Call List
You may not use our Calling Cards to make unauthorized telephone solicitations in violation of the federal or any state "Do Not Call" list. If You use our Calling Cards in violation of federal or state "Do Not Call" statutes or regulations, We or our Calling Card Carriers may suspend Your PINs or Your account without notice.
(l) Customer Responsible for Telephone Connection
You acknowledge and agree that, to the extent necessary, it is your responsibility to provide a telephone connection to call the access number on the Calling Cards and You are responsible for all charges incurred in having such telephone connection. When using your cell phone outside your normal coverage area, your cell phone provider may charge you additional fees to use your cell phone. Please check with your service providers regarding the additional fees.
27. Ownership of Data
(a) Since CALLINGCARDS.COM is a reseller of Calling Cards, we have do not have direct access to any call records, except for limited use for customer service. In order to obtain a call history, you should contact the carrier directly.
(b) If, through a subpoena or other legal process, You, Your representations, or a third party, seek to compel production of Your calling history, purchase history, CPNI, or other information, You will pay us a handling fee of $100 to obtain these records, plus a copying fee of $1 per page for each record produced.
(c) You acknowledge and agree that any information obtained by CALLINGCARDS.COM through Your use of the Web Site or Services, or through your purchase of Calling Cards, is the property of CALLINGCARDS.COM, and CALLINGCARDS.COM reserves all rights to such property.
28. Use of Intellectual Property
You shall not reproduce any of the CALLINGCARDS.COM trademarks, copyrights content, or other intellectual property rights without the prior written permission of CALLINGCARDS.COM.
You agree to release, indemnify, defend and hold harmless CALLINGCARDS.COM, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of Your use of or conduct on this Web Site, Calling Cards purchased on the Web Site, or the Service. CALLINGCARDS.COM reserves the right, at its own expense, to control the defense and control of any matter otherwise subject to indemnification or defense by You hereunder, and You agree to reimburse CALLINGCARDS.COM for the costs incurred therefore.
Limitation of Liability and Breach
30. Breach and Failure to Perform.
CALLINGCARDS.COM reserves the right to suspend, delete, terminate any current and future accounts by a user who violates this User Agreement and any other terms and regulations of use of the Web Site, Services, or Calling Cards purchased herein. We reserve the right to perpetually suspend or terminate your use of our Web Site or your status as a member, if you breach this Agreement, or if we are unable to verify or authenticate any information you provide to us.
31. Limitation of Liability.
CALLINGCARDS.COM IS NOT LIABLE FOR ANY THIRD PARTY'S FAILURE TO PERFORM OBLIGATIONS ARRISING OUT OF A CALLING CARD. ALL CALLING CARDS ARE SOLD WITHOUT RECOURSE AGAINST CALLINGCARDS.COM FOR PERFORMANCE OF THE CARRIER'S OBLIGATIONS UNDER SUCH CARDS.
CALLINGCARDS.COM OFFERS SIGNIFICANT DISCOUNTS ON THE PURCHASE OF CALLING CARDS. YOU ACKNOWLEDGE THAT WE ARE ABLE TO ONLY OFFER THESE PRICES BECAUSE FO THE LIABILITY LIMITATIONS, INDEMNIFICATION PROVISIONS, AND OTHER PROVISIONS CONTAINED WITHIN THIS USER AGREEMENT.
THE MAXIMUM LIABILITY OF CALLINGCARDS.COM FOR ANY LOSS, WHETHER ARRISING UNDER A TORT, CONTRACT, OR OTHER LEGAL THEORY, OUT OF ANY CALLING CARD PURCHASE FROM CALLINGCARDS.COM IS THE LESSER OF (1) THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THE CALLING CARD OUT OF WHICH THE DISPUTE ARRISES; OR (2) ONE HUNDRED DOLLARS ($100).
CALLINGCARDS.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, MENTAL ANGUISH, OR EMOTIONAL DISTRESS) ARRISING OUT OF YOUR USE OR INABILITY TO USE ANY CALLING CARD PURCHASED AT CALLINGCARDS.COM.
NEITHER CALLINGCARDS.COM, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OR EMPLOYEES, IS LIABLE TO YOU FOR THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY PARTY.
IN THE EVENT THAT THE ABOVE LIMITATION IS GREATER THAN THE LIMITATION ALLOWED BY APPLICABLE LAW, OUR LIABILITY WILL LIMITED TO THE MAXIMUM PERMITTED BY APPLICABLE LAW. WILL NO CALLINGCARDS.COM WILL NOT BE LIABLE UNDER YOU.
YOU ACKKNOWLEDGE THAT SINCE, CALLINGCARDS.COM, IS A RESELLER, IT IS NOT LIABLE FOR ANY 3RD PARTY (CARRIERS & SUPPLIERS) CARD OBLIGATIONS DUE TO RATES, QUALITY, AND ALL OTHER INSTANCES. YOU ACKNOWLEDGE AND AGREE THAT CALLINGCARDS.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CALLINGCARDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CALLINGCARDS.COM's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
32. General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site, Services, and Calling Cards.
33. Changes to this User Agreement
CALLINGCARDS.COM may change this User Agreement at any time without prior notice to You. A purchase by You on CALLINGCARDS.COM after the effective date of any change to this User Agreement signifies Your acceptance to the modified User Agreement for all future purchases.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Houston, Texas by a panel of one arbitrator, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CALLINGCARDS.COM may seek any interim or preliminary relief from a court of competent jurisdiction in Harris County, Texas necessary to protect the rights or property of you or CALLINGCARDS.COM, pending the completion of arbitration.
35. Other Provisions
(a) Contract Fully Performed in Texas
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as this User Agreement is, or should be construed to be, a contract wholly entered into and wholly performed within the State of Texas.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(c) No Waiver
The failure of CALLINGCARDS.COM to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by CALLINGCARDS.COM of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. CALLINGCARDS.COM will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision.