Fone-In and you, the Customer, agree that the terms and conditions shown below will apply to Fone-In services offered on this website (hereinafter referred to as "Mobile Interpretation Services") provided by Fone-In to the Customer. Use of Fone-In Mobile Interpretation Services constitutes acceptance of all these terms and conditions (sometimes referred to as the "Agreement"). Fone-In reserves the right to cancel the Customer's membership at any point for improper use of the service, failure to pay bills, any violation of the Agreement, or other reasons at Fone-In's discretion.

1. Charges and Payments - Charges for Fone-In Mobile Interpretation Services are set forth when a Fone-In agent contacts the Customer following initial individual signup online or at other point of contact. The Customer may decide at that point whether he/she chooses to purchase a Mobile Interpretation Services membership. The rates and Pricing is subject to change from time to time and under the discretion of Fone-In. Upon a change of pricing, the then-current rates will apply. Credit card details shall be captured by Fone-In when Customer signs up for Fone-In Mobile Interpretation Services and used only to collect membership sign up fee and to collect payments in case the Customer has failed to pay his bill within 30 days of the due date. In the case of an unsuccessful credit card validation, Customer shall be contacted by Fone-In for order confirmation and payment details prior to authorization for deliver of Fone-In Mobile Interpretation Services.

2. Use of Service - A. The following uses of Fone-In Mobile Interpretation Services are prohibited: the transmission of any message or other material which constitutes an infringement of any copyright, patent or trademark; an unauthorized disclosure of a trade secret; the transfer of any information or technology abroad in violation of any applicable export law or regulation; a violation of U.S. law as provided in Section 223 of the Communications Act of 1934, as amended, 47 U.S.C. Section 223, or other criminal prohibitions regarding the use of telephones to transmit obscene, threatening, harassing or other messages specified therein; a libelous or slanderous statement; or a violation of any other applicable statute or government regulation. B. Customer agrees to defend and indemnify Fone-In, its affiliates and their respective successors and to hold them harmless from any claim or action whatsoever arising from the use of Fone-In Mobile Interpretation Services in any manner prohibited by this Section. Fone-In reserves the right to cancel the Customer's membership and refuse further service to the Customer if it becomes aware of use of Fone-In Mobile Interpretation Services in any manner prohibited by this Section.

3. Privacy of Information and Communications – Fone-In will make reasonable efforts to ensure the privacy of Customer's information and communications. Under applicable law, Fone-In may be obligated to reveal information or communications which evidence or constitute criminal activity. (Please see our Privacy Policy at www.fone-in.com).

4. Disclaimer of Warranty – FONE-IN MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, FONE-IN MOBILE INTERPRETATION SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INTERPRETATION OR TRANSLATION. FONE-IN DOES NOT WARRANT THE AVAILABILITY OF INTERPRETERS FOR ALL LANGUAGE PAIRS AT ALL TIMES, AND FONE-IN SPECIFICALLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER ACKNOWLEDGES INTERPRETATION OVER PHONE LINES MAY NOT ALWAYS BE ENTIRELY ACCURATE.

5. Exclusive Remedy and Limitation of Liability -

5a. FOR PURPOSES OF THE EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, "FONE-IN" SHALL BE DEEMED TO INCLUDE FONE-IN, ITS AFFILIATES AND THEIR RESPECTIVE SUCCESSORS, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, SUBCONTRACTORS, TRANSLATORS AND INTERPRETERS (WHETHER EMPLOYEES OR INDEPENDENT CONTRACTORS) OF FONE-IN, AND "DAMAGES" WILL REFER COLLECTIVELY TO ALL INJURY, DAMAGE, LOSS OR EXPENSE INCURRED.

5b. FONE-IN'S CHARGES FOR FONE-IN MOBILE INTERPRETATION SERVICES ARE ESTABLISHED IN RELIANCE ON THE EXCLUSIVE REMEDY AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. CUSTOMER ACKNOWLEDGES THAT IT ELECTS TO ACCEPT CHARGES CALCULATED ON THIS BASIS, AND AGREES THAT THIS ALLOCATION OF RISK OF LIABILITY IS FAIR, REASONABLE, AND NOT UNCONSCIONABLE. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE CHARGES FOR FONE-IN MOBILE INTERPRETATION SERVICES ARE UNRELATED TO THE VALUE OF CUSTOMER'S BUSINESS OR THE POTENTIAL FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND SPECIAL DAMAGES OR ANY OTHER DAMAGES IN EXCESS OF THOSE ALLOWED BY THIS SECTION. CUSTOMER RETAINS THE RIGHT TO PURCHASE INSURANCE TO COVER ANY ADDITIONAL LOSS OR LIABILITY.

5c. IN ACCORDANCE WITH THE UNDERSTANDINGS SET FOTH ABOVE, THE PARTIES AGREE AS FOLLOWS:

5c1. FONE-IN'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES CAUSED BY DEFECT OR FAILURE OF FONE-IN MOBILE INTERPRETATION SERVICES, OR ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO A CREDIT OR REFUND OF THE CHARGES FOR THE SERVICE WHICH GAVE RISE TO THE CLAIM.

5c2. FONE-IN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND, WHETHER OR NOT FONE-IN HAD KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS SUBSECTION 5.C.2. SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

6. Subcontracts – Fone-In may subcontract any or all of the Fone-In Mobile Interpretation Services to be performed but, subject to the exclusive remedies and limitations of liability set forth in these Terms and Conditions, it shall retain responsibility for the work that is subcontracted.

7. Force Majeure - Neither Fone-In, its affiliates nor their respective successors shall be liable in any way for any loss, damage, delay or failure of performance resulting directly or indirectly from any cause which is beyond Fone-In's control, including but not limited to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, product or transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or any other cause beyond Fone-In's control whether or not similar to the foregoing.

8. Supplement, Modification or Waiver - Any supplement, modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of Fone-In.

9. Waiver and Failure to Exercise Rights - The waiver by either party of any breach of this Agreement shall not operate as a waiver of subsequent breaches of the same or different kind. The failure of either party to exercise any rights under this Agreement in a particular instance shall not operate as a waiver of the party's right to exercise the same or different rights in other instances.

10. Survival of Obligations - The obligations of the parties under this Agreement which by their nature would continue beyond the termination or cancellation of this Agreement shall survive such termination or cancellation.

11. No Third Party Beneficiaries - Neither this Agreement nor the provision of Fone-In Mobile Interpretation Services shall be construed to create any duty or obligation on the part of Fone-In to any third parties, including, without limitation, any persons participating in or the subject of conversations for which Fone-In Mobile are provided. This Agreement does not provide any third party with any right, privilege, remedy, claim or cause of action against Fone-In, its affiliates or their respective successors.

12. Severability - If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement with respect to the matter in question, and the remainder of the Agreement shall remain in full force and effect.

13. Choice of Law - The construction, interpretation and performance of this Agreement shall be governed by the domestic laws of the State of Delaware, U.S.A.

14. Complete and Final Agreement - This Agreement constitutes the complete and final agreement between the parties with respect to its subject matter and supersedes all prior oral or written understandings or statements.