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Terms of Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Welcome to Innoport. The standard Innoport Fax-to-Email, Voice-to-Email, Web-Based Email (unavailable in Jump Start and Standard Corporate Plans), Fax and Voice Mail Services and any other paid service plans that Intellicomm may introduce from time to time hereby collectively called the "Service", is owned and operated by Intellicomm ("Intellicomm"), and is provided to you ("Member") under the terms and conditions of this Intellicomm Terms Of Service ("TOS") which may be updated by Intellicomm from time to time without notice to Member. This TOS is inclusive of any operating rules, policies, price schedules, or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. You can review the most current version of the TOS at any time at the Innoport website at http://www.innoport.com. The TOS comprises the entire agreement between Member and Intellicomm and supersedes all prior agreements between the parties regarding the subject matter contained herein. In the case of a Jump Start or a Standard Corporate Plan ("Business Plan"), a company or individual subscribing to the Business Plan is referred to as a Member and the individual users who access and/or use the Service through Memberís Business Plan are called the "Memberís Users". Accordingly, the terms, conditions, restrictions and obligations of this TOS applicable to Member (excluding Memberís payment obligations to Intellicomm) shall be construed to also apply to Memberís Users, and Member shall be liable for any breach hereof by any of Memberís Users. MEMBERS SUBSCRIBING TO THE BUSINESS PLAN AGREE THAT (a) RESPONSIBILITY FOR ALL MEMBERíS USERS WHO ACCESS AND/OR USE THE BUSINESS PLAN LIES WITH THE MEMBER OF THE RESPECTIVE BUSINESS PLAN (b) MEMBER WILL HAVE THE ABILITY TO ACCESS AND ALTER ALL MEMBERíS USERS ACCOUNT INFORMATION (c) MEMBER WILL HAVE THE ABILITY TO ACCESS ALL MEMBERíS USERS ACTIVITY DETAILS, INCLUDING BUT NOT LIMITED TO VIEWING THE CONTENT OF FAX AND VOICE MAIL TRANSMISSIONS SENT OR RECEIVED BY MEMBERíS USERS THROUGH THE SERVICE AND THEIR CONTACTS AND CALENDAR INFORMATION (d) MEMBER WILL PROVIDE DUE NOTICE TO ITS MEMBER USERíS ABOUT ITS ABILITY TO ACCESS THEIR CONTENT AND ALTER THEIR ACCOUNT INFORMATION AND (e) MEMBER WILL PROVIDE SUFFICIENT WRITTEN NOTICE TO MEMBERíS USERS TO USE THE SERVICE IN COMPLIANCE WITH THIS TOS. BY COMPLETING THE SIGNUP PROCESS AND CLICKING THE "I AGREE" BUTTON OR BY USING THE INNOPORT SERVICE, MEMBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TOS.
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2. DESCRIPTION OF SERVICE
Intellicomm is providing Member with a capability to receive fax documents and voicemail messages by electronic mail ("email") and/or to use web based electronic mail and/or to send faxes and/or to use Voice Access features, which include greeting personalization and listening to fax headers and voicemail messages by phone. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Intellicomm assumes no responsibility for the timeliness, deletion, misdelivery, nondelivery, or failure to store any user communications or personalization settings. In order to use the Service, Member must obtain access to the Internet and/or access to an email service, either directly or through devices that access email services, and pay any service fees associated with such access. In addition, Member must provide all equipment necessary to make such connection to email services, including a computer and modem or other access device. Furthermore, Member must provide all equipment necessary to hear their voicemail messages, including a computer and a sound card or other listening device.
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3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, Member agrees to: (a) provide true, accurate, current and complete information about Member as prompted by the Service's sign up form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, or Intellicomm has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Intellicomm has the right to suspend or terminate Memberís account and refuse any and all current or future use of the Service (or any portion thereof).
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4. INTELLICOMM PRIVACY POLICY
Intellicomm is a privacy conscious organization and respects the privacy of its Members. To demonstrate Intellicommís commitment to customer privacy, it has developed a Privacy Policy, which may be updated by Intellicomm from time to time without notice to Member. The Privacy Policy is incorporated into this TOS by this reference and by accepting this TOS or accessing the Innoport website or using the Innoport Service at any time, Member expressly consents to Intellicommís use of Memberís information as described in the then current Privacy Policy. You can review the most current version of the Privacy Policy at any time at the Innoport website.
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5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Member is required to provide Intellicomm a valid email address and a password as part of the sign up process. Upon sign up by the Member and except for Memberís subscribing to the Business Plan, Member will be assigned an account number which is emailed to the Member to the email address provided by the Member as part of the sign up process. Such account number of the Member is also Memberís personal fax and voicemail number. Member acknowledges and agrees that the confidentiality of Memberís (and Memberís Userís in the case of the Business Plan) account number, password, fax and voicemail number, email address, Company ID for the Business Plan, any passwords, codes, license keys to access any Innoport services through applications, or any other account information is entirely and solely the responsibility of the Member. Furthermore, Member agrees to be fully responsible for all activities that occur under Memberís password or account. Member agrees to immediately notify Intellicomm of any unauthorized use of Memberís password or account or any other breach of security. MEMBER AGREES THAT INTELLICOMM OR ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF INTELLICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. MEMBER TELEPHONE NUMBER
MEMBER UNDERSTANDS AND AGREES THAT MEMBER IS NOT THE OWNER OF ANY TELEPHONE NUMBER(S) ASSIGNED TO MEMBER BY INTELLICOMM. ALL SUCH TELEPHONE NUMBERS ARE OWNED SOLELY BY INTELLICOMM. FURTHERMORE, MEMBER AGREES THAT FOLLOWING THE TERMINATION OF SERVICE FOR ANY REASON WHATSOEVER, SUCH TELEPHONE NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER MEMBER OF THE SERVICE AND MEMBER AGREES THAT INTELLICOMM SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF INTELLICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MEMBER UNDERSTANDS AND AGREES THAT MEMBER CANNOT, UNDER ANY CIRCUMSTANCE, AUTHORIZE OR CHARGE SERVICES PROVIDED BY ANY THIRD-PARTY SERVICE PROVIDER TO MEMBERíS INNOPORT TELEPHONE NUMBER. UPON ANY SUCH CHARGES, INTELLICOMM RESERVES THE RIGHT TO TERMINATE MEMBERíS ACCOUNT AND USE OF THE SERVICE WITHOUT ANY NOTICE.
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7. BILLING POLICY
Member agrees to be bound by the pricing and billing practices then in effect on the Innoport website. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. Monthly fees are based on Memberís subscription plan and are payable in advance at the beginning of each monthly billing cycle. If a subscription plan has a minimum monthly spend, the minimum monthly spend is computed at the end of the monthly billing cycle. If usage of the Member in a plan with a minimum monthly spend is below the minimum monthly spend for any given month, the difference between the posted minimum monthly spend for that subscription plan and the actual amount of usage (excluding surcharges, fees, fines, credits and any other charges not involving a time span) incurred in that month will be charged to the Member's account at the beginning of the following month.

All usage charges are payable in advance by Member by depositing funds to Memberís account. Member must maintain a positive balance in order to receive continued Service. Member must select dollar amounts for Auto-Increment Trigger Amount and Auto-Increment Amount to automatically deposit funds to their account. Should Member's account balance fall below the Auto-Increment Trigger Amount, Intellicomm will automatically charge Member's credit card in the dollar amount Member specifies as the Auto-Increment Amount and Member agrees to pay all such charges. Member can change the Auto-Increment Amount and the Auto-Increment Trigger Amount on their account by following the instructions on the Innoport website. Any service credits, including, but not limited to, promotion credits, referral rewards credits, volume discount credits and courtesy credits (collectively, "Service Credits"), can only be applied towards use of Innoport Services and cannot be redeemed for cash under any circumstances.

All calls will be billed in sixty second increments unless stated otherwise on a pricing schedule on the Innoport website. Any charges with fractional cents will be rounded to the next whole cent. For fax broadcast transactions, charges will be rounded on an individual call basis.

Member agrees that any disagreement or dispute concerning a bill must be made within thirty (30) days of the billing date. If Member fails to notify Intellicomm of a disputed charge within such thirty (30) day period, Member shall have irrevocably waived the right to dispute such charges and will be unconditionally responsible to pay such charges. Member must pay all charges on time until the dispute is resolved.

With the exception of qualified Members that are approved for net thirty (30) invoicing, Member's use of Service authorizes Intellicomm to bill such charges to Member's credit card. Member is subject to a $25.00 fee on invalid credit/debit card chargebacks and returned checks. Member agrees to notify Intellicomm of any change in the status of Member's credit card, including any cancellation, change of account number, change of billing address, or change of any authorized users. Intellicomm reserves the right to suspend or terminate Member's Service, with or without notice, upon rejection of any credit card charges made to Memberís credit card or if Member's card issuer (or its agent or affiliate) seeks a refund on payments previously made to Intellicomm when Intellicomm believes that Member is liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Intellicomm. Furthermore, should Intellicomm pursue legal and equitable means to collect any amounts owed by Member, Member agrees to pay all reasonable attorneysí fees, court costs and collection fees incurred by Intellicomm in the collection thereof.

Intellicomm reserves the right to change the pricing or billing practices as necessary. If the pricing or billing practices change(s), Intellicomm will make reasonable efforts, such as via email or website postings, to notify Member of such change. Member agrees to pay all charges billed to Member's account, including unauthorized use prior to Member's notification to Intellicomm of such unauthorized use and taking steps to prevent such unauthorized use. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Intellicomm in accordance with this TOS.

With the exception of qualified Members that are approved and are on net thirty (30) invoicing, Members may elect to cancel Service at anytime by following the automated account cancellation procedure. This procedure has been automated for Memberís convenience by providing Member with full control as well as a record of the date on which the account is closed. Monthly fees are nonrefundable and if Member is subject to a minimum monthly spend, the minimum monthly spend applies for the month Member cancels Service unless Member cancels Service within the first month. After all applicable charges have posted for the account, Member will be issued a refund of any remaining balance to the credit card on record for the account. No cash refunds will be given. Member will remain responsible for all charges incurred on Memberís account until the account is closed in accordance with Intellicommís established cancellation procedures, which procedures may be established and changed by Intellicomm from time to time in its sole discretion, and which may include the requirement that the Member confirms their request for account cancellation, in a timely fashion, by responding to a notice sent by Intellicomm to Member.

For a qualified Member approved and on net thirty (30) invoicing, Member agrees to a one (1) year term commitment ("Initial Term") that automatically renews for successive one (1) year terms ("Renewal Term") unless Member submits a written notice of termination that must be received at the address below 30 days prior to the expiration of Memberís term commitment. Member agrees to pay the total invoice amount by the invoice due date. A late payment charge of one and a half percent (1.5%) per month will apply to all balances which are unpaid past the due date. For all balances which are unpaid past the due date or for payments rejected by the issuing bank, Intellicomm reserves the right to suspend or terminate Member's Service with or without notice. Furthermore, should Intellicomm pursue legal and equitable means to collect any amounts owed by Member, Member agrees to pay all reasonable attorneysí fees, court costs and collection fees incurred by Intellicomm in the collection thereof.


Member shall submit written notice of cancellation to:

Intellicomm Inc.
ATTN: Innoport - Cancellation Notice
2701 Renaissance Blvd.
King of Prussia, PA 19406
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8. MODIFICATIONS TO SERVICE
Intellicomm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to Member. Member agrees that Intellicomm shall not be liable to Member or any third party for any modification, suspension or discontinuation of the Service.
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9. TERMINATION
Member agrees that Intellicomm, in its sole discretion, may terminate Memberís password, account (or any part thereof) or use of the Service (or any part thereof) and remove and discard any messages within the Service, for any reason, including but not limited to (a) if Intellicomm believes that Member has violated or acted inconsistently with the TOS, (b) if Member provides incomplete, inaccurate or untrue information to Intellicomm, or (c) if Intellicomm decides to discontinue offering the Service.

Furthermore, for Gratis Service Members, Intellicomm may also terminate Memberís account for failure to meet minimum activity requirements, which entails logging in to Memberís email account on the Innoport website at least three(3) times during any consecutive ninety(90) day period.

Member (except for Members with Net 30 invoicing) may terminate the Service with or without cause at any time. Upon termination, Member shall have no right to use the Service and Intellicomm will have no obligation to forward any unsent, unread, or stored messages to Member or any third party. Member agrees that following the termination of Service for any reason whatsoever, Memberís telephone number may be re-assigned immediately to another Member of the Service. Member also agrees that upon termination of Service for any reason whatsoever, Memberís stored messages or files may be deleted permanently. Furthermore, upon termination, Intellicomm will have no obligation to inform anyone dialing Memberís telephone number assigned prior to termination about the termination or any other information relating to Memberís termination of the Service. Intellicomm reserves the right to refuse the Service to any Member whose Service was terminated by Intellicomm or who previously terminated the Service for whatever reason.
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10. INDEMNIFICATION
Member agrees to indemnify and hold Intellicomm, and its subsidiaries, affiliates, officers, directors, shareholders, agents, co-branders or other partners, and employees, harmless from any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, or judgments whatsoever, whether groundless or otherwise, made by any third party due to or arising out of Member's use of the Service, violation of the TOS, Member's violation of any rights of another Member, person or entity, and/or Member's violation of any laws or regulations prohibiting transmission of unsolicited emails, faxes and/or voice mails.
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11. NO RESALE OF SERVICE
Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
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12. GENERAL USE AND STORAGE LIMITATIONS
Member acknowledges that Intellicomm may establish general practices and limits concerning use of the Service, including without limitation the maximum number of telephone numbers assigned to the same email address, the maximum number of days Memberís account transaction information will be retained by the Service, the maximum number of fax and voice email messages that may be sent from or received by an account on the Service, the maximum size of any fax and voice email messages that may be sent from or received by an account on the Service, the maximum length of time allowed for a voicemail message, the maximum disk space that will be allotted on Intellicommís servers on Memberís behalf, and the maximum number of times (and the maximum duration for which) Member may access the Service in a given period of time. Member agrees to take no actions which impose an unreasonable or disproportionately large load on Innoport resources (as determined solely by Intellicomm in light of the load imposed by other Innoport Members in general). Member agrees that unsolicited distribution of commercial faxes and voicemail messages ("junk messages") through the Service is prohibited and Intellicomm may, in its sole discretion and with or without notice, use technologies to eliminate delivery of such messages. Furthermore, Intellicomm reserves the right to use technologies to eliminate delivery of such "junk messages" to Members of the Service, with or without notice to the Members.
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13. MEMBER CONDUCT
Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted through the use of the Service, is the sole responsibility of the person from which such Content originated. Therefore, the Member and NOT Intellicomm is solely responsible for all Content transmitted through the use of the Service. Intellicomm does not guarantee the accuracy, integrity or quality of any Content transmitted through the Service. Furthermore, under no circumstances will Intellicomm be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind whatsoever incurred as a result of the use of the Service. Under no circumstances will Intellicomm be liable for any Content sent to the Member that is offensive, indecent or objectionable in any way. Intellicomm reserves the right to take any action, with or without any notice, including but not limited to terminating Memberís account, for any transmission of Content by a Member that violates any agreements between Intellicomm and its suppliers and partners. Member agrees that Intellicomm may save Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) enforce this TOS (b) comply with the law (c) respond to claims that any Content violates the rights of third-parties and/or (d) protect the rights of Intellicomm, its members and the general public.

Member agrees to not use the Service to: (a) transmit any Content that is unlawful, threatening, harmful, abusive, harassing, obscene, libelous, hateful or otherwise objectionable in any manner; (b) conduct any illegal activities; (c) impersonate an individual or an entity or an affiliation with an individual or an entity; (d) infringe any third partyís patent, copyright, trademark, trade secret or other proprietary rights; (e) harm minors in any way; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, policies or regulations of networks connected to the Service; (g) intercept, manipulate, forge or in any other way alter the identifiers of the transmission in order to manipulate the origin of the Content transmitted through the Service; (h) intercept, manipulate, forge or in any other way alter the Content transmitted through the Service; (i) collect or in any way store or manipulate data of other Members; (j) intentionally or unintentionally violate any applicable local, state, national or international law and regulations; (k) transmit any unsolicited or unauthorized advertising, offers, promotional materials, "junk mail", "junk messages", "spam", "pyramid schemes" or "chain letters"; (l) transmit messages to any individual or an entity of a list where the individual or the entity has not given permission to be included in the list; or (m) transmit any material that contains software viruses or any other computer software code that is designed to interrupt, destroy or in any way limit the functionality of any computer software, hardware, network or telecommunications equipment.
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14. DEALINGS WITH ADVERTISERS
Memberís correspondence or dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between corresponding Member and such advertiser. Member agrees that Intellicomm shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers on the Service.
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15. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY UNDERSTANDS AND AGREE THAT: (a) MEMBERíS USE OF THE SERVICE IS AT THE MEMBERíS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND INTELLICOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) INTELLICOMM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBERíS REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBERíS EXPECTATIONS (v) THE QUALITY OF TRANSMISSION OF FAX OR VOICE DATA WILL BE ACCURATE, LEGIBLE OR AUDIBLE (vi) THE TRANSMISSION OF FAX OR VOICE DATA WILL BE COMPLETE (vii) THE CALLER ID INFORMATION WILL BE COMPLETE OR ACCURATE AND (viii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBERíS OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBERíS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) INTELLICOMM ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE FAX, VOICE AND EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS. (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM INTELLICOMM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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16. LIMITATION OF LIABILITY
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT INTELLICOMM OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELLICOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT, THE LIABILITY OF INTELLICOMM AND ITS SUPPLIERS TO MEMBER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE MONTHLY FEES, EXCLUDING ANY USAGE CHARGES, ACTUALLY PAID TO INTELLICOMM BY MEMBER UNDER THIS TOS DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICE SET BY INTELLICOMM HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, MEMBER HEREBY RELEASES INTELLICOMM AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 16.
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17. GENERAL
This TOS is personal between Member and Intellicomm and governs Members use of the Service, superseding any prior agreements between Member and Intellicomm. It is not transferable and any attempt by Member to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This TOS and the conduct of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. The failure of Intellicomm to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
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Innoport is a registered service mark of Intellicomm Inc.
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