Welcome to the www.phonico.com website (this “Site”), which is operated by Phonico, LLC
(“Phonico,” “we,” “us” or “our”). Please read these
of this Site, such as text, graphics, software, images, designs, icons, and other material contained on
this Site (collectively, “Content”) automatically terminates and you must immediately cease
all access to and use of this Site and the Content.
- Your Use of the Web Site – Permissions and RestrictionsPhonico hereby grants
you permission to access and use this Site and the Content for your personal use only, including the
purchase of products and services, under the following conditions:
- You agree to use this Site for lawful purposes only. The Content is protected by copyright under
both United States and foreign laws, and contains trademarks and other proprietary information.
Title to the Content remains with Phonico or its licensors. Any use of the Content not
copyright, trademark, and other laws. Content and features are subject to change or termination
without notice in the editorial discretion of Phonico. All rights not expressly granted
herein are reserved to Phonico and its licensors. You acknowledge that you do not acquire
any ownership rights by accessing or using this Site or the Content. Except as otherwise
participate in the transfer or sale, create derivative works, or in any way exploit, any of the
Content, in whole or in part. .
- You agree not to alter or modify any part of this Site.
- Any special rules for the use of certain software and other items provided on this Site may be
- You agree not to use this Site for any commercial use without the prior written authorization of
- You agree not to use or launch any automated system, including, without limitation,
“robots,” “spiders,” or “offline readers,” to access,
monitor or copy any Content or information in or on this Site. You agree not to upload, post,
e-mail or otherwise send or transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment associated with this Site. You
also agree not to interfere with the servers or networks connected to this Site or to violate
any of the procedures, policies or regulations of networks connected to this Site. You agree not
to collect or harvest any personally identifiable information from this Site or to use the
communication systems provided by this Site (if any) for any commercial solicitation purposes.
You agree not to solicit, for commercial purposes, any users of this Site. Any conduct by you
that in Phonico’s discretion restricts or inhibits any other user from using or enjoying
this Site will not be permitted.
- In your use of this Site, you will otherwise comply with the terms and conditions of these Terms
of Use and all applicable local, national, and international laws and regulations. You agree not
to post or transmit through this Site any material which (in Phonico’s sole discretion) is
unlawful, threatening, abusive, fraudulent, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, which gives rise to civil liability, or which otherwise violates
- You agree not to upload, post or otherwise make available on this Site any material protected by
copyright, trademark or other third party proprietary rights, including privacy and publicity
rights, without the express permission of the owner of the copyright, trademark or other
proprietary right, and the burden of determining that any material is not protected by copyright
rests with you. You shall be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from any such submission.
- You also agree not to impersonate any other person or to conduct yourself in a vulgar or
offensive manner while using this Site. You agree that Phonico may reject any User
Submissions (defined below) for any reason or no reason, including, but not limited to,
vulgarity or other offensive content, which determination shall be at Phonico’s sole
discretion, or content protected by third party proprietary rights, including, but not limited
to, copyright, trademark or publicity rights.
- You agree that Phonico, should it accept a User Submission, may include that User Submission
in this Site for as long or as short a period of time as Phonico, in its sole discretion,
chooses. Furthermore, you agree that Phonico may edit User Submissions.
- You agree that Phonico shall have the right, but not the obligation, to monitor the content
of this Site and to remove any material that Phonico, in its sole discretion, finds to be in
violation of the provisions herein or otherwise objectionable.
- Phonico reserves the right to discontinue any aspect of this Site at any time.
- Account RegistrationIn order to participate in certain areas of this Site, you may need
to register for an account. You agree to: (i) create only one account; (ii) provide truthful, accurate,
current and complete information when creating your account; (iii) maintain the security of your account
by restricting access to your account and not sharing your password with others; (iv) maintain and
promptly update your account information if necessary; (v) notify Phonico promptly upon learning of
any security breaches relating to this Site; and (vi) take responsibility for and accept all risk
relating to any and all activities and transactions that occur under or in connection with your account.
- Phonico Plans Terms and ConditionsAll sales of products and services on this Site are
governed by the Phonico Plans Terms and Conditions located at www.phonico.com/mobile-plans-terms-and-conditions.
Please refer to the Phonico Plans Terms and Conditions for the terms and conditions applicable to
your purchase and use of products and services offered through this Site. By purchasing products or
services through this Site, you agree to be bound by and accept the Phonico Plans Terms and
Conditions. The Phonico Plans Terms and Conditions are subject to change at any time without notice,
in Phonico’s sole discretion; therefore, you should review the Phonico Plans Terms and
Conditions every time you make a purchase on this Site.
- Right to TerminatePhonico reserves the right to terminate or restrict your use of
this Site, without notice, for any or no reason whatsoever. Phonico reserves the right to determine
such User Submissions and/or terminate a user’s access for uploading such material in violation of these
- Disclaimer of OpinionAny opinions, advice, statements, or other information that
constitutes part of the content expressed or made available by you or other users on this Site are those
of the respective authors or producers and not of Phonico, its affiliates, or their respective
shareholders, members, directors, managers, officers, or employees. Under no circumstances shall Phonico
Mobile, its affiliates, or their respective shareholders, members, directors, managers, officers, or
employees be held liable for any loss or damage caused by your reliance on information obtained through
this Site. It is your responsibility to evaluate the information, opinion, advice, or other content
available through this Site.
- Disclaimer of WarrantyReasonable efforts have been made to ensure the accuracy of
information presented on this Site, but the accuracy of this information cannot be guaranteed. The Site,
the Content, and any and all products or services promoted or sold via this Site are provided on an
“as is” and “as available” basis. The use of this Site, the Content and any
product or service discussed, promoted or sold via this Site is at your own risk.YOU EXPRESSLY AGREE
THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Phonico, ITS
PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “Phonico PARTIES”) DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF.
NONE OF THE Phonico PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS
SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THIS
SITE. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
NONE OF THE Phonico PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) ANY BUGS, SPIDERS,
ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR BY THIS SITE, AND/OR
(VI) 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 THIS SITE. Phonico
MOBILE DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED,
PROMOTED, ADVERTISED, OR SOLD THROUGH THIS SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Liability of PhonicoIf you are dissatisfied with this Site, any information found
to discontinue using this Site. Phonico assumes no liability for or relating to the delay, failure,
interruption or corruption of any data or other information transmitted in connection with the use of
this Site.IN NO EVENT SHALL THE Phonico PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL
OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS
INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF,
PERFORMANCE OR NON-PERFORMANCE OF THIS SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH PERSONAL
INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V)
ERRORS OR INACCURACIES CONTAINED ON THIS SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR
GRAPHICS OBTAINED THROUGH THIS SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY
PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL
COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY WEB SITE TO WHICH IT PROVIDES
HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS SITE, ANY DELAY OR INABILITY TO
USE THIS SITE, OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE. THESE LIMITATIONS
OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF THE Phonico PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD
HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
YOU SPECIFICALLY ACKNOWLEDGE THAT THE Phonico PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. THIS SITE IS CONTROLLED AND OFFERED BY Phonico FROM ITS OFFICES IN THE UNITED
STATES OF AMERICA, AND Phonico MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE IS APPROPRIATE
OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THIS SITE FROM OTHER JURISDICTIONS DO SO ON
THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 8, ANY Phonico PARTY IS FOUND LIABLE FOR
ANY LOSS OR DAMAGE RELATING TO YOUR USE OF OR INABILITY TO USE THIS SITE, YOU AGREE THAT THE
LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE
SELECTION OF DELAWARE LAW AS DESCRIBED BELOW, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT
TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE
- IndemnificationYou agree to defend, indemnify and hold harmless the Phonico Parties
from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses
and expenses (including reasonable attorneys’ fees and disbursements) arising out of, or relating to,
your acts, omissions, negligence and/or breach of your representations, warranties or obligations
- Third Party Advertisements; Links to Other Web SitesPhonico may display
advertisements from third parties on this Site. Your dealings or correspondence with such third parties,
and any terms, conditions, warranties, or representations associated with such dealings, are solely
between you and such third party. Phonico is not liable for any damages or losses of any sort
incurred as a result of such dealings or as a resulting of such third party advertisements or
information on this Site.Some of the hyperlinks on this Site may lead to other websites that are not
controlled by, or affiliated with, Phonico. In addition, other websites may link to this Site.
Unless expressly stated, Phonico has not reviewed or endorsed these websites, has no control over
those websites and is not responsible for the content or privacy policies, or practices of any third
party websites. In addition, Phonico will not and cannot censor or edit the content of any
third-party website. By using this Site, you expressly relieve Phonico from any and all liability
arising from your use of any third-party website that you visit through or via this Site. Accordingly,
we encourage you to be aware when you leave this Site and to read the terms and conditions and privacy
policy of each other website that you visit.
- User Submissions and ContributionsAny personal information you provide to Phonico
or content you send to any part of this Site is non-confidential for all purposes. “User
Submissions” include all forms of information or material uploaded or communicated in any manner
by users of this Site. If you make any such submission, you automatically grant — or warrant that the
owner of such content has expressly granted — Phonico a royalty-free, perpetual, irrevocable,
world-wide, non-exclusive, sublicenseable and transferable right and license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform and display the
communication or content in any media or medium, or any form, format or forum now known or hereafter
developed. Phonico may sublicense its rights through multiple tiers of sublicenses. You also hereby
grant each user of this Site a non-exclusive license to access your User Submissions through this Site,
and to use, reproduce, distribute, display and perform such User Submissions as permitted through the
choose to retain, but not display, distribute, or perform, server copies of User Submissions that have
been removed or deleted.You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions, you affirm, represent,
and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use
and authorize Phonico to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the
Phonico does not endorse any User Submission or any opinion, recommendation, or advice expressed
therein, and Phonico expressly disclaims any and all liability in connection with User
Submissions. Phonico does not permit copyright infringing activities and infringement of
intellectual property rights on its Site, and Phonico may remove all User Submissions if
properly notified that such User Submission infringes on another’s intellectual property rights.
Phonico reserves the right to remove User Submissions without prior notice.
Phonico is free to use any comments, information, ideas, concepts, reviews, or techniques or any
other material contained in any User Submission or other communication you may send to Phonico
without compensation to you or attribution and for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products or services and creating, modifying or
improving this Site or other websites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no
consideration of any sort will be provided to you, and you are waiving any claim against Phonico
and its parent, subsidiaries and affiliates regarding the use of such materials and ideas, even if
material or an idea is used that is substantially similar to the idea you sent.
Phonico reserves the right to reject, remove or edit User Submissions at any time without notice.
User Submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory
language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone
numbers, mailing or email addresses, or personal attacks; or misleading information regarding the
origin of the content. You understand and agree that we may, but are not obligated to, review the
content and may delete or remove it (without notice) in our sole discretion, for any reason or no
updated (collectively, “Modified Terms”) by Phonico in the future at its sole
discretion. Such Modified Terms shall be effective immediately upon the posting thereof on this Site.
Any use of this Site by you after such posting shall be deemed to constitute acceptance of such Modified
herein by reference, sets forth the entire understanding and agreement of the parties relating to the
subject matter hereof, and supersede any prior or contemporaneous understandings of any kind or nature
with regard to such subject matter. By agreeing to these terms, you represent that you are not relying
on any agreement, representation or warranty pertaining to the subject matter hereof that is not
expressly set forth herein.
- SeverabilityIf any arbitrator or any court of competent jurisdiction declares any
that such provision be amended and construed in a manner designed to effectuate the purposes of the
provision to the fullest extent permitted by law. If such provision cannot be so amended and construed,
it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect
to the fullest extent permitted by law.
- Digital Millennium Copyright ActIt is Phonico’s policy to respect the intellectual
property rights of others. If you are a copyright owner or an agent thereof and believe that any User
Submission or other communication or material infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our
Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further
- A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works on this Site are covered by a single notification, a representative list of
- Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit Phonico to locate the material;
- Information reasonably sufficient to permit Phonico to contact you, such as an address,
telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
Phonico’s designated Copyright Agent to receive notifications of claimed infringement is: Joshua
Silver, Esq., Bernstein, Shur, Sawyer & Nelson, P.A., 100 Middle Street, Portland, ME 04101. For
clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests
for technical support, and other communications should be directed to Phonico customer service.
You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA
notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from this Site or disabled
after Phonico received a copyright infringement notice, and you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification of the material,
you may ask that the material be restored by sending Phonico a counter-notification. Section
512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the
jurisdiction of the federal courts in Delaware, and a statement that you will accept service of
process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Phonico may send a copy of the
counter-notice to the original complaining party informing that person that Phonico may replace
the removed content or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider or user, and provides Phonico with
notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at Phonico’s sole discretion.
- Intellectual Property NoticeAll Content of this Site is owned by Phonico or its
licensors, and is protected by U.S. and international copyright, trademark and similar intellectual
property laws. All rights in and to such Content is reserved. Reproduction of any Content, in whole or
in part, without permission is prohibited.
- Ability to Accept TermsYou affirm that you are at least the age of majority in your
state of residence, or an emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations, affirmations,
- Governing LawThe substantive laws of the State of Delaware shall in all respects govern
within, the State of Delaware, without regard to its conflict of laws principles.
- General No agency, partnership, joint venture, employee-employer, or
franchisor-franchisee relationship is intended or created between you and any of the Phonico Parties
licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Phonico
Mobile without restriction. The section headings used herein are for convenience only and shall not be