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CentMobile from Rubard, LLC. Terms of Service

CentMobile from Rubard, LLC makes available for your use on its websites ("Website" or "Site") information, documents, software and products (collectively "Materials") and various services offered by CentMobile (collectively "Services") subject to the terms and conditions set forth in this document ("Terms of Service"). 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 Service. If you do not wish to be bound by these Terms of Service, 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 Service.

CentMobile may modify the Materials, Services and Terms of Service 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 Service. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

THE SERVICES

Account registration:

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the CentMobile Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site you will choose a password required for access to and use of the CentMobile Services. You are responsible for all actions that take place as a result of access to or use of the CentMobile Services via your password and/or via your phone ("Device") independently of whether the access was made by yourself or by a third party using your password and/or Device.

Phone numbers provided by CentMobile:

US phone numbers provided for use are unique for each active account and cannot be used by another active account. You expressly acknowledge and agree that the assigned numbers are not portable to any third party.

Account number, password and Personal Identification Number (PIN):

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

Disclosure of information:

CentMobile reserves the right at all times to disclose any information as CentMobile deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in CentMobile's sole discretion.

Unauthorized use/stolen device:

If your Device is stolen or if you become aware of unauthorized use of the CentMobile Services you must notify us immediately to suspend the CentMobile Services. You are responsible for all charges to your account with CentMobile ("Account") until the CentMobile Services are suspended. We have the right to change your password and user name at any time in our sole discretion and without notice.

No emergency calls:

The CentMobile Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies; medical care unit or any type of emergency services of any kind and CentMobile is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the CentMobile Services.

No unlawfull or prohibited use:

You expressly acknowledge and agree to use any CentMobile Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any CentMobile Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party's intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in CentMobile’s sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any CentMobile Service in any manner that could damage, disable, overburden, or impair any CentMobile server, or the network(s) connected to any CentMobile server, or interfere with any other party's use and enjoyment of the CentMobile Services.

No warranties:

CentMobile does not make any express warranty regarding the CentMobile Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however CentMobile shall endeavor to provide the CentMobile Services with minimum disruptions. CentMobile cannot guarantee that the CentMobile Services will always function without disruptions, delay or other imperfections and CentMobile may choose not to provide service to countries or calling areas at its sole discretion. Since the CentMobile Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the CentMobile Services. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. CentMobile will not be liable for any disruption, delays, eavesdropping or other omissions in the CentMobile Services.

Customer service and support:

To keep CentMobile operating cost low and pass the savings to our customers we offer support via emails only. We will make our best effort to answer emails immediately but in some cases response may take up to 48 hours.

PAYMENTS, RATES AND REFUNDS

Billing:

Call times for each call are rounded up to the next whole minute and billed in full minute increments. All calls for which we receive answer supervision shall incur a minimum one-minute charge. CentMobile 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.

Billing disputes and accounting errors:

You must notify us in writing of any disputed charges within thirty (30) days of the charges or you will have waived your right to dispute the charges.

Application of payments and credits:

When a call is charged against your account, we will first charge against all available credits purchased by your credit, debit or charge card. Once such credits are depleted, we will charge against any available bonus, promotional or other credits in your account.

Expiration of credits:

A credit balance for the CentMobile Services on the active Account never expires.

Refund policy:

You may request for a refund by contacting CentMobile’s customer services via support@CentMobile.com Refund requests carried out through other means shall not be eligible for the refund. No refunds will be given for services paid or credit acquired through referral bonus, deposit bonus, promotional gift dollar awards, or any other award bonuses. CentMobile reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.

TERMINATION AND CANCELLATION

Suspention and interruption:

CentMobile is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the CentMobile Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the CentMobile Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time CentMobile may prevent use of the CentMobile Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.

Cancelation:

You may discontinue using the Services at any time by notifying us by e-mail (support@CentMobile.com ). We will terminate your Account as soon as practicable; in all cases, you will remain responsible for payment of all charges for Services rendered up through such termination.

Expiration policy:

Account expires and will be closed after six (6) months of inactivity (measured from the date of last use). If you desire to keep your Account active, you may request an extension of the expiration period by notifying us by e-mail (support@CentMobile.com ) Upon receipt of your request, we may, at our sole discretion, provide you with an extension of the expiration date of your Account and your PIN. All extensions will be confirmed by us via e-mail. Please note that we are not obligated to provide you with such an extension nor are we obligated to refund any remaining balance left in your prepaid Services Account as of the date it expires.

Trademarks:

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

Copyright:

All Services 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 CentMobile. 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.

Use of software:

The software that is made available to download from this Site is the copyrighted work of CentMobile and/or its suppliers and partners. Use of such software is governed by these Terms of Service and the terms set forth in the applicable end user license agreement. You may not reverse engineer, decompile or otherwise attempt to discover the source code of the software available on the Website. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

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 CentMobile believes, in its sole discretion, that you have engaged in any of the foregoing conduct, CentMobile 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 CentMobile, and your personally identifiable information to the proper authorities for investigation or prosecution.

Limitation of liability:

IN NO EVENT WILL CentMobile 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 CENTMOBILE 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.

Warranties and disclaimers:

HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE CENTMOBILE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CENTMOBILE AND CENTMOBILE 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. CENTMOBILE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CENTMOBILE OF THE SITE. CentMobile 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". CentMobile 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. CENTMOBILE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. CENTMOBILE DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES CENTMOBILE WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. CENTMOBILE 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.

Indemnity:

You agree to indemnify, defend and hold CentMobile, 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 CentMobile 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.

Termination:

You agree that CentMobile, 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. CentMobile 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 CentMobile may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that CentMobile shall not be liable to you or any third-party for any termination of your access to the Services or Materials.

Governing law jurisdiction:

These Terms of Service shall be governed and construed in accordance with the laws of the State of New York. You agree that in any legal action or proceeding between you and CentMobile for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction the state and federal courts of New York 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. CentMobile's failure to insist upon or enforce strict performance of any provision of these Terms of Service 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 Service. CentMobile may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

Personal information and privacy:

To learn about how CentMobile protects your personal information refer to our Privacy Policy. Please note that any non-personal information or material sent to CentMobile will be generally be deemed to NOT be confidential.

CentMobile from Rubard, LLC Privacy Policy Statement

What information do we collect:

We collect information from you when you register on our site, place an order, subscribe to our newsletter, fill out a form or placing a phone call.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

We use certain Google Analytics Advertising Features, including Remarketing and Demographics and Interest Reporting. Google Analytics is a web analysis service provided by Google that allows us to collect data about the traffic on our websites through Google cookies and other identifiers. Google utilizes the data collected to track and examine the use of our websites and to prepare reports on the activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. You may be able to opt out of the Google Analytics Advertiser Features through your browser ads settings. In addition, Google has developed the Google Analytics opt-out browser add-on to provide website visitors the ability to prevent their data from being used by Google Analytics. The add-on can be found at http://tools.google.com/dlpage/gaoptout

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience
    (your information helps us to better respond to your individual needs)
  • To process transactions
    Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To send periodic emails
    The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to understand and save your preferences for future visits.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance:

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.

Childrens Online Privacy Protection Act Compliance:

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only:

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions:

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at Terms of Service

Gmail Contacts Import:

CentMobile collects your authorization to access third party accounts (i.e. Gmail) ("Third Party Account Authorization"). You also grant CentMobile a license to access and use your Third Party Account to provide the functionality of the Service. Third Party Account Information is maintained permanently or until you contact CentMobile via email at support@centmobile.com requesting to delete it.

If you opt to import your address book, we receive your contacts (including contact information your service provider(s) automatically added to your address book).

The information about your contacts that we collect from your address book(s) includes:

  • Email addresses;
  • Contacts names;
  • Phone numbers.

We will use your data (such as registration data or data provided through address book uploads or partner integrations) to send invitation on your behalf and enable you to invite others to become a Customer. When you invite someone to join CentMobile, your invitation will include your name, contact information and special referral code. We will send invitation reminders to the person you invited. Also, we will use this data for advertisement, including but not limited to marketing newsletters and targeted Google ads.

DATA STORAGE. We will store your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact our Support at support@centmobile.com We will store and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Except as explained in our Privacy Policy, CentMobile does not sell, license or share your personally identifiable information with others outside of CentMobile who are not doing work on Centmobile's behalf without your consent.

Your Consent:

Changes to our Privacy Policy:

We reserve the right to change this Privacy Policy at any time and you agree to be bound to these modifications. We will notify you of any significant changes through our website. Any technical modifications of CentMobile, including the release of new features and resources, will also be subject to this Privacy Policy.

Contacting Us:

If there are any questions regarding this privacy policy you may contact us at support@centmobile.com