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Introduction

ZabTalk ("ZabTalk") makes available for your use on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by ZabTalk (collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Use"). By accessing or using this Site, which includes your access to or use of any Materials or Services, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site, Materials, or any of the Services. By using the Materials or Service, you are agreeing to be bound by these Terms of Use.

ZabTalk may modify the Materials, Services and Terms of Use at any time without notice and such modifications shall be deemed effective immediately upon making such changes. Additionally, when using particular Services or Materials, you shall be subject to all posted agreements, guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

Billing and Fees

Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole USD cent. All calls for which we receive answer supervision shall incur a minimum one-minute charge. ZabTalk relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Where no answer supervision is received, we will commence billing sixty seconds following dial time unless the caller has terminated the call. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.

There are NO service charges, maintenance fees, subscriptions or connection fees. We offer all these great features FREE of charge. You pay only for your minutes used.

TradeMarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of ZabTalk (collectively "Marks") are and shall remain the exclusive property of ZabTalk and nothing in this agreement shall grant you the license to use such Marks.

Copyright

All Services, Software and/or Materials found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of ZabTalk. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

Your Conduct

You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If ZabTalk believes, in its sole discretion, that you have engaged in any of the foregoing conduct, ZabTalk may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with ZabTalk, and your personally identifiable information to the proper authorities for investigation or prosecution.

Warranties and Disclaimers

Hyperlinks or other web pages accessible from this site will enable you to leave zabtalk's site. The linked sites are not under the control of zabtalk and zabtalk is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Zabtalk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by zabtalk of the site. Zabtalk and its affiliates do not control or endorse the content of third party websites. All services and materials provided on this site are provided "as is". Zabtalk does not make any warranties of any kind, either express or implied, including without limitation warranties of title or noninfringement, or any implied warranties or merchantibility or fitness for a particular purpose with regard to the services or materials, any transaction performed through the services or on the internet generally, or as to the quality of the call. Zabtalk shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. Zabtalk does not warrant that the services or materials will be uninterrupted or error-free or will operate without packet loss or interruption nor does zabtalk warrant any connection to or any transmission over the internet or that any defects in the services or materials will be corrected. ZabTalk is not responsibile for bad calls due to poor network conditions at origination or termination end points. Zabtalk does not guarantee or warrant that the files available for downloading from the site will be free of infection or viruses, worms, trojan horses or other code that contains contaminating or destructive properties. You are responsible and are urged to implement sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the services, materials and the internet.

Emergency /911 Calls

You expressly acknowledge that emergency 9-1-1 calls are not intended to be carried/supported by our software or services and that neither Zabtalk nor any of its affiliates, subsidiaries, parent companies, agents, network service providers, partners, or employees are or will be liable for such calls or your failure to make such emergency calls using the materials or services. If you register for one of our pay services, you agree to be responsible for payment of all applicable charges incurred as a result of your use of the Zabtalk pay services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. Due to our verification process, all funds may not be available for immediate use. Zabtalk will not offer any refunds or reimbursements for the purchase price of a calling card debit account. Calls made from a payphone may incur a surcharge. Zabtalk reserves the right to terminate any dormant account that has not been used of a period of ninety (90) days or longer. Information on this site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Zabtalk may also make improvements and/or changes to the site, materials or services at any time without notice.

Limitation of Liability

In no event will Zabtalk be liable for :
(i) any incidental, consequential, or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs, data or information, and the like) arising out of the use of or inability to use the site, services or materials, or any transactions provided on the service or downloaded or hyperlinked from the site, even if Zabtalk or its authorized representatives have been advised of the possibility of such damages, or
(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through, or hyperlinked from, the site.

Indemnity

You agree to indemnify, defend and hold ZabTalk, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of ZabTalk and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Refunds and Disputes

In the event of any call dispute, refunds can only be credited to your call credit account balance. Requests for call credit refunds are subject to investigation, verification and approval by us. If you have a dispute concerning service, you should first contact our Customer Service department. If you are unable to resolve the dispute with Customer Service, you agree that the exclusive forum for resolution shall be through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. You agree that all disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted to the American Arbitration Association ("AAA"), for final and binding arbitration. For more information regarding AAA, you may visit its web site at www.adr.org. Any dispute or claim arising out of or relating to these Terms must be brought within one year after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.

Termination

You agree that ZabTalk, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services or Materials, for any reason, or no reason at all. ZabTalk may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that ZabTalk may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that ZabTalk shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

Government and Jurisdiction

These Terms of Use shall be governed and construed in accordance with the laws of the State of Texas. You agree that in any legal action or proceeding between you and ZabTalk for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of Texas and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, Services or Materials must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ZabTalk's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. ZabTalk may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Your Account Confidentiality

You are responsible for maintaining the confidentiality of your account number and/or PIN. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Privacy Policy

To learn about how ZabTalk protects your personal information, refer to our Privacy Policy.

Mobile Top-up Terms

For Mobile Top-Up Service Terms and Conditions please refer to Mobile Top-Up Terms.

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