Terms and Conditions


A VOICE 4 U NEITHER PRACTICES MEDICINE NOR DISPENSES MEDICAL SERVICES

ANY QUESTIONS ABOUT ANY MEDICAL CONDITION OR TREATMENT FOR ANY CONDITION SHOULD BE DIRECTED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER

IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THE TERMS AND CONDITIONS IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT OR SERVICE THROUGH THE WEBSITE.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE A VOICE 4 U, LLC SITE.

 

By using, accessing, visiting, or browsing the Website, as well as placing an order with A Voice 4 U, LLC through the Website, You accept, without limitation or qualification, these Terms and Conditions and agree, without limitation, to the terms of Our Privacy Statement, incorporated herein by reference.

If You do not agree to be bound by these Terms and Conditions and the Privacy Statement, You should exit the Website immediately. By accessing, using or ordering products and services through the Website, You affirm that You have read this Agreement and understand, agree, and consent to all Terms contained herein.

This is a binding agreement between You, the person or entity agreeing to the terms contained in this document, or if applicable, on behalf of the entity or entities for whom You are using this website or agreeing to the terms of this document (collectively, “You”, “Your” or “Customer”), and A Voice 4 U, LLC. owner and administrator of this Website and all content and functionality contained herein (“A Voice 4 U”, “Our”, “Us”, or “Company”) (collectively, the “Parties” or “We” or singularly, “Party”).

These terms and conditions, as well as any additional terms, conditions and covenants of Use Agreement (Agreement) referenced in or made available by hyperlink in this document (collectively, these “Terms”, “Terms and Conditions” or this “Agreement”), govern Your use of and access to this Website and any and all of its sub-pages (collectively, the “Website”), and any of the services offered on the Website.

MEDICAL AND HEALTH DISCLAIMER

  1. Including but not limited to, text, graphics, images, information obtained from third parties, links and other material (“Content”) is intended for informational and educational purposes only.
  2. The Content on www.avoice4u.com should not be considered medical or health advice. This site is not intended to be uses for medical diagnosis or treatment, or to suggest a course treatment for anyone. This site is not intended to be a substitute for professional medical advice, diagnosis or treatment. This site is not intended to replace a visit, call, consultation, or advice to, with, or from a qualified healthcare provider, including a personal physician, or veterinarian.
  3. Members should never disregard professional medical advice or treatment or delay seeing professional medical advice or treatment because of something on www.avoice4u.com
  4. Information on this site should not be considered complete.
  5. Information on this site does not cover all diseases, ailments, physical or mental conditions, or their treatment.
  6. A Voice 4 U is not a covered entity as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is not required to comply with its requirements.

ACCEPTANCE OF TERMS AND CONDITIONS

A Voice 4 U only offers its Products to those of legally sufficient age. You must be at least eighteen (18) years of age to order any of A Voice 4 U, LLC Products unless, prior to such order or use, You have submitted a fully executed and notarized Authorization Form as described below (that has been signed by Your parent and/or legal guardian and submitted with valid proof of guardianship), which has been accepted by A Voice 4 U, LLC.

Without such prior approval from A Voice 4 U, only individuals of at least eighteen (18) years of age may order A Voice 4 U Products. You agree to be financially responsible for the use of www.avoice4u.com site and for use of your account by others, including minors for whom you have responsibility and/or who are living with you and for other immediate family members living with you.

These Terms and Conditions constitute the entire agreement between A Voice 4 U and You, and will supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of these Terms and Conditions.

This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest Your agreement to the Terms in this document by any act demonstrating Your assent thereto, including clicking any button containing the words “Yes Please”; “I Agree”; “Rush My Order”; “Submit” or similar syntax, or by merely accessing the Website, whether You have read these Terms or not.

ACCESS AND USE OF THIS SITE

  1. Eligibility-Except as expressly provided below, Products and Services may only be used by, and membership is limited to, individuals who can form legally binding contracts under applicable law.
  2. Compliance- You must comply with all of the Terms of the Terms and Conditions, the policies referred to below, and all applicable laws, regulations and rules when You use the Website. Access and use of www.avoice4u.com site is available on a pre-paid annual or monthly subscription basis.
  3. The membership fee to access and use www.avoice4u.com site and membership is defined in the enrollment section of the www.avoice4u.com site.
  4. Membership may be defined as an individual person and/or group of Member including family pets of Members.
  5. Membership may be defined as Monthly or Annual Subscription(s)
  6. Each Membership can be tailored by the Member to upload, store and maintain and store health and health-related information for one or more individuals (pets included) of the Member’s family for access and use by the Member and the family members on the Account.
  7. Annual Membership will be entitled to access and use their individual accounts for an Initial Term of one (1) year from the date of registration provided the Member and any Users of the Member’s Account remain in compliance with the terms and conditions of this Agreement.
  8. Monthly Members will be entitled to access and use their individual accounts for an Initial Term of one (1) month form the date of registration and will be extended on a monthly basis provided monthly payments are received and the Member and any Users of the Members Account remain in compliance with the terms and conditions of this Agreement.
  9. This Agreement will be automatically renewed for a Renewal Term of an additional one (1) year for Annual and Monthly Subscriptions and at the end of each automatic Renewal Term thereafter unless this Agreement is terminated in accordance with this Agreement.
  10. A Voice 4 U reserves the right to charge or change Membership Fees, surcharges, product charges and/or other fees at any time upon a thirty (30) day prior written notice.
  11. Each Member and its Users may enter or upload, maintain and store information, including copies of documents, records, images and information submitted to the Member by a Healthcare Provider or other Healthcare Organizations to a personal, secured and individual Account established for the individual member.
  12. A Voice 4 U or a third party acting on behalf of A Voice 4 U will electronically store and maintain Members’ Accounts on a protected server at A Voice 4 U site or the site of a third party acting on behalf of A Voice 4 U.
  13. Each Member and User is responsible for the communications submitted to or entered into the Member’s Account and their respective access and use of the www.avoice4u.com site.
  14. A Member, User, and/or a Member’s designee may not, under any circumstances, do any of the following:
    • transmit any information that is libelous or defamatory;
    • transmit any message, data, image or program that is indecent, obscene or pornographic;
    • transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner;
    • use the AVoice4u.com Site to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others;
    • intercept or attempt to intercept the transmission of files or other private communications not intended for the Subscriber;
    • send e-mails to other Members or Users of the AVoice4u.com Site for any purpose other than personal communication;
    • use the AVoice4u.com Site to advertise or offer, on an unsolicited basis, to sell goods or services to other Members or Users or use the Site for purposes of distributing unsolicited messages to one or more individuals;
    • upload or download files that contain software or other material protected by intellectual property laws, privacy laws, or publicity laws, or any other applicable law unless personally owned or controlled or unless the necessary consent(s) to use, access, and/or communicate such files has been received;
    • upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties;
    • use the AVoice4u.com Site in such a manner as to affect adversely the availability of its resources to others;
    • falsely or fraudulently purport to be an employee or agent of A VOICE 4 U;
    • cause disruptive incidents;
    • fail to comply with applicable laws and regulations while using or accessing the AVoice4u.com Site; or
    • post or transmit any message or information that is harmful, threatening, abusive or hateful. A VOICE 4 U reserves the right to take any action as it deems appropriate in cases where the AVoice4U.Com Site is used to disseminate statements that are deeply and widely offensive and/or harmful.
  15. Each time a Member or User uploads or posts information, data, a document, or a file to the www.avoice4u.com Site, the Member or User, as applicable, represents and warrants that he or she owns or otherwise controls the rights to the information, data, document, or file, or that he or she has the necessary consents to upload or post it.

SECURITY OF SITE

  1. The entity or individual, including any Member that submits or enters health or health-related or any and all other information into a Member’s Account is solely responsible for that information’s accuracy and completeness.
  2. Each Individual Member is responsible for reviewing information on his or her Member’s Account as well as any documents produced and provided by A Voice 4 U for any potential errors.
  3. Whenever a Member’s information is submitted to or entered in the Member’s Account the information will be communicated using encryption technology called Secure Socket Layer (“SSL”) encryption software. However, A Voice 4 U cannot and will not guarantee that:
    • The information, during its transmission to the Member’s Account, will be protected against loss, misuse or alteration by third parties; or
    • Access to Members’ Accounts will be uninterrupted; or
    • SSL encryption cannot be breached.
  4. It is the sole responsibility of the Member to ensure that no unauthorized person ahs access to the Member’s User ID and Passwords. It is the Member’s sole responsibility to control the dissemination and use of the Member’s User ID and Passwords, authorize, monitor and control access to and from and use of the Member’s Account and promptly inform A Voice 4 U of any need to deactivate or change the Member’s User ID and/or Password.
  5. A Voice 4 U cannot and will not assume any responsibility or liability for information submitted to a Member’s Account or any information that is used or misused whether submitted, used, or missed by
    • The Member;
    • Users on the Member’s Account
    • The Member’s designee;
    • Healthcare Providers
    • Other Healthcare organizations;
    • Other third parties; or
    • Member’s Organizations whether or not acting on the Member’s behalf.
  6. The Member not only understands but agrees, consents and authorizes:
    • The Member, the Member’s User’s with User’s ID and Password along with First Responders, Medical, Police and any and all registered physicians, nurses or healthcare provider will have access to the Medial Folder’s that are uploaded onto www.avoice4u.com site
    • The Member, and anyone with the Member’s A Voice 4 U User ID and Password can access, view, add, revise and/or delete information from the Member’s Account;
    • The Members individually identifiable health information and that any of any of the Member’s Users Account to be stored, entered, and maintained on www.avoice4u.com site in accordance with the terms of this Agreement;
    • The Member and anyone with the Member’s User ID and Password, can access and view information stored in the Member’s Folder(s)
    • Members of A Voice 4 U may upload or submit by email or facsimile their personal health information and medical records, X-rays and other personal medical images and other health-related information to their respective Accounts.
    • A Voice 4 U assumes no responsibility for the quality of X-rays or other personal medical images reproduces on the www.avoice4u.com site or for medical decisions that may be based on X-rays, MRI’s, Ultra Sounds, EKGs, Lab results, or any and all other personal medical images archived on the www.avoice4u.com site.

OPERATIONS OF SITE

  1. A Voice 4 U shall maintain technological systems, policies, and procedures to guard against unauthorized access to information that is transmitted electronically, including encryption and/or appropriate technical security mechanisms.
  2. A Voice 4 U shall not use, disclose, or process the information submitted for inclusion in a Member’s Account except to the extent necessary for the proper management and administration of the information or in order to carry out the legal responsibilities of A Voice 4 U.
  3. Members and Users are encouraged to use discretion while browsing the Internet on searches initiated from the www.avoice4u.com Site. Members and Users understand that the www.avoice4u.com Site may link unintentionally to sites containing information that some people may find inappropriate or offensive. Links may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws.
  4. Clicking on a link on the www.avoice4u.com Site that directs the Member’s or User to an off-Site page or to another site is at the Member’s or User’s own risk and subject to the terms and conditions of use of such sites.

ORDERING PRODUCTS THROUGH THE WEBSITE; POLICIES

A Voice 4 U offers various products and services for sale (collectively, the “Products” and “Services”) on the Website. A Voice 4 U reserves the right to modify the prices charged for these Products and Services, or to add or remove any Products or Service from the Website, at any time without prior notice to You. Price quotes provided to You prior to any price modification shall be honored.

You are required to provide an accurate phone number, e-mail address, and your complete shipping address when placing Your order. Should there be any changes in Your contact information, You must change the information inside our website and YOU must contact our Customer Support Center immediately and notify Us of Your current contact information.

If You reside within the continental United States, please allow up to seven (7) calendar days for You to receive any Products and up to fourteen (14) calendar days if You reside outside the continental United States. As part of your A Voice 4 U membership You will be shipped a membership Welcome Kit. Should your A Voice 4 U membership Welcome Kit be returned to Us due to insufficient/incorrect address as provided by You, A Voice 4 U will not be held liable. If You fail to contact us within a reasonable time period after enrollment, A Voice 4 U will assume delivery and receipt by You, of Your shipment at the address You provided A Voice 4 U. WE consider a reasonable time to be within thirty (30) days of placing said order.

A Voice 4 U, membership subscriptions may be paid for in full or on a monthly basis and are valid for one (1) year. If you choose to pay for your membership on a monthly basis, Your credit card will be charged the applicable amount plus an initial and one time only application fee of Four Dollars and Ninety-five Cents ($4.95). Your credit card will be charged the applicable membership fee on the same calendar day of your enrollment.

You agree that A Voice 4 U can charge Your credit card for the applicable amount, and You agree to pay such amount every month unless You cancel your membership. Should Your credit card on file be declined, expired, rejected or otherwise, not allowing A Voice 4 U to collect Your monthly membership fees as agreed by You, Your membership will be suspended and records collection and services will cease until You update Your credit card information with A Voice 4 U.

  1. A VOICE 4 U MEMBERSHIP
    • A Voice 4 U offers a membership as described in the Terms and Conditions begins on the day that You place an order to enroll in A Voice 4 U’s membership.
    • Cancellation of your A Voice 4 U Membership and Return of Membership Products
    • If You wish to cancel your A Voice 4 U membership, you may do so at any time by submitting a cancellation form located on our website via fax at 1-855-614-2849, or emailing it to legaldocs@avoice4u.com or mailing them to 10 West Second St. 22nd Floor Dayton, Ohio 45402 Attention: Legal Documents.
    • Any documents or PHI stored by You with A Voice 4 U are subject to A Voice 4 U Document Retention Policy.
    • Products and Services for sale by A Voice 4 U, other than a membership, are not offered in conjunction with any other membership Promotional item and are billed in full at the time of Your order.
    • The price of each Product and Service may vary and will be disclosed adjacent to the Products and Services on the Website.
    • Your credit card will be billed for this amount, plus non-refundable shipping and handling on the date You place Your order and it will appear as a separate transaction on Your order confirmation page.
    • You manifest Your agreement to ordering these additional Products and Services and to this immediate charge by clicking any button containing the words “Yes Please”; “I Agree”; “Rush My Order”; “Submit” or similar syntax, whether You have read these terms or not.
    • Orders are generally shipped within 36 hours of receipt (Mon-Fri). Please be advised that shipments are not sent on Saturdays, Sundays, or any Banking Holidays. A Voice 4 U does not guarantee specific arrival dates or times. A Voice 4 U does not refund or credit delivery or processing charges for any shipments. Shipping & handling charges are non-refundable.

CREDIT CARD DESCRIPTOR; BILLING ERRORS

  1. By ordering Products and/or Services from A Voice 4 U,
  2. You authorize A Voice 4 U to charge Your credit card accordingly. Please be aware that the descriptor (or subject line) that appears on Your credit card statement or entry will appear as A Voice 4 U, LLC. If You believe that You have been erroneously billed, please notify Our Customer Support Center toll-free at 1-855-614-2848 immediately of such error.
  3. If A Voice 4 U, LLC does not hear from You within thirty (30) days after such billing error first appears on any account or credit card statement, such fee will be deemed accepted by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release A Voice 4 U from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.

PHI REQUESTS BY A VOICE 4 U

Subject to the Terms and Conditions, You may request A Voice 4 U to obtain copies of Your PHI maintained by various doctors, medical custodians, physicians, and healthcare facilities across the United States. Such requests are subject to applicable charges and fees, including handling and process fees and per page copy charges, which vary state by state.You hereby authorize A Voice 4 U to charge Your credit card for any and all such fees and charges required to obtain any requested PHI. A Voice 4 U agrees to provide You, upon request, a copy of the invoice received from the originating doctor or facility. These record and copy charges are not disputable. A Voice 4 U will notify You electronically of the amount required and will seek Your approval before accepting the PHI. If you would like A Voice 4 U to proceed with the request and obtain the PHI, You must agree to pay any applicable fees and charges by electronically accepting the fees and charges and thereby authorizing A Voice 4 U to charge Your credit card for any and all such fees and charges required to obtain the requested PHI. Failure by You to electronically accept or reject a notification of charges and fees required to process a PHI request within fourteen (14) days from the date of electronic notification will be considered a rejection by You of such charges and fees and A Voice 4 U will effectively cancel the PHI request. A Voice 4 U is Not Responsible For Accuracy And Completeness of PHI. A Voice 4 U is not responsible or liable in any way for the accuracy or completeness of any PHI retrieved by A Voice 4 U.

ACCOUNT MAINTENANCE, PASSWORD AND SECURITY

You will receive a password and account designation/user ID upon completing A Voice 4 U registration process. By visiting this Website and creating a user account, You are responsible for maintaining both the confidentiality and security of Your password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify A Voice 4 U of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. A Voice 4 U cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section and the Terms and Conditions. Your account designation/user ID, once received, can never be changed.

A Voice 4 U has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your AVoice 4 U passwords or accounts. It is Your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your A Voice 4 U account and password; (3) promptly inform A Voice 4 U of any need to deactivate a password. You grant A Voice 4 U and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of the Website. A Voice 4 U cannot and does not assume any responsibility or liability for any information You submit, or Your or third parties’ use or misuse of information transmitted or received using A Voice 4 U tools and services.

A Voice 4 U will never ask You for Your password. Further, A Voice 4 U will neither possess the ability to change Your password, nor supply You with Your password under any circumstance. It will be the sole responsibility of the customer to maintain the account password security and any changes to, or alterations thereof, must be completed while logged-in to the customer’s secure account.

In the event a password is forgotten, the customer will be required to validate his/her identity and answer the self-created security questions established during account creation. Once this process is complete, A Voice 4 U will send an email to the customer at the email address associated with the account. The email will contain instructions on how to reset their password. The customer further understands and agrees to maintain all personal demographic information gathered while creating their secure account with A Voice 4 U which may include, but is not limited to, legal name, home address, billing address, email address, any and all contact phone/fax numbers, credit card account numbers, medical record numbers, and medications/doses.

A Voice 4 U reserves the right to refuse service and/or terminate accounts at its sole discretion. Each user account can be tailored by the customer to upload, maintain and store health or other information. Customer acknowledges and agrees that A Voice 4 U, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of A Voice 4 U or of the Website shall have the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the customer’s account to provide the Services and operate the Website, including but not limited to converting documents received on the customer’s behalf to an electronic format.

ALLEGED VIOLATIONS

A Voice 4 U reserves the right to terminate Your use of the Service and/or the Website. To ensure that A Voice 4 U provides a high quality experience for You and for other users of the Website and the Service, A Voice 4 U reserves the right to terminate Your account or Your access to the Website immediately, with or without notice to You, if A Voice 4 U believes that You have violated any of the Terms and Conditions, furnished A Voice 4 U with false or misleading information, or interfered with use of the Website or the Service by others.

USER CONDUCT AND RESTRICTIONS

  1. You understand that all information, data, text, software, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not A Voice 4 U, are entirely responsible for all Content that You upload, post, email or otherwise transmit via A Voice 4 U Website and Service. A Voice 4 U does not control the Content posted via the Website and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will A Voice 4 U be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Website.
  2. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
    • Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
    • Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
    • Use the Website for any unlawful purpose;
    • Disrupt of interfere with the security or use of the Services, the Website or any web sites linked to the Website;
    • Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
    • Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
    • Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • Interfere with or damage the Website or Services by uploading, posting, emailing, or otherwise transmitting 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, including, but not limited to, viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology;
    • Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
    • Attempt to use another user’s account, impersonate another person or entity, misrepresent Your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity;
    • Attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
    • Collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services;
    • Use any meta tags or any other “hidden text” utilizing the A Voice 4 U name, trademarks, or product names;
    • Advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website;
    • Engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services;
    • Assist any third party in engaging in any activity prohibited by the Terms and Conditions; and
    • Intentionally or unintentionally violate any applicable local, state, national, or international law.
  3. Without the express prior written authorization of A Voice 4 U You may not: ;
    • Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law)
    • Create derivative works based on the Website or any of the Intellectual Property;
    • Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
    • Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
    • Use any meta-tags or any other “hidden text” using the Website’s name or marks;
    • “Deep-link” to any page of the Website;
    • Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website);
    • Use any data mining, bots, or similar data gathering and extraction tools on the Website;
    • Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
    • Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
  4. Other Users
    • If You become aware of any conduct that violates the Terms and Conditions, We encourage You to contact A Voice 4 U Customer Support Center at 1-855-614-2848 Mon-Fri: 9am – 5pm EST. We reserve the right, but will have no obligation, to respond to such communications.
  5. Objectionable Content
    • We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for Your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from any content or Your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between You and other users of the Web Site and take any other action to restrict access to or the availability of any material that we or another user of the Web Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates the Terms and Conditions.
  6. Accuracy of Information
    • We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Web Site.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that A Voice 4 U may establish general practices and limits concerning the use of its Products, Services, and Website, including without limitation the maximum number of days that uploaded Content will be retained by A Voice 4 U Services and/or Website, the maximum number of email messages that may be sent from or received by a user account, the maximum size of any content that may be sent from or received by an account, the maximum disk space that will be allotted on A Voice 4 U servers on Your behalf, and the maximum number of times (and the maximum duration for which) you may access any A Voice 4 U Website or Service in a given period of time.

You agree that A Voice 4 U has no responsibility or liability for the deletion or failure to store any medical information or other communications or other Content maintained or transmitted by A Voice 4 U or any of its Products, Services, or Website. You acknowledge that A Voice 4 U reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that A Voice 4 U reserves the right to change these general practices and limits at any time, in its sole discretion with or without notice to You.

SALES TAX

Purchasing any Products or Services available on the Website, You will be responsible for paying any applicable sales tax indicated on the Website.

FRAUD

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from You such as a telephone confirmation of Your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY

THE MATERIALS, SERVICES, AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, A Voice 4 U DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. A VOICE 4 U DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL A VOICE 4 U OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER’S USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE.

A VOICE 4 U ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY A VOICE 4 U WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; A VOICE 4 U FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE A VOICE 4 U DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY A VOICE 4 U WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

A VOICE 4 U DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED BY HEALTHCARE PROVIDERS OR OTHER THIRD PARTIES. NEITHER THE ACCURACY, NOR THE COMPLETENESS OF ANY INFORMATION PROVIDED WILL BE VERIFIED BY A VOICE 4 U AND THE CUSTOMER ASSUMES THE RISK OF SAME. CUSTOMER IS SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED ON CUSTOMERS BEHALF BY A VOICE 4 U.

A VOICE 4 U ASSUMES NO LIABILITY FOR THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED INTO THE SITE THE RISK OF WHICH IS ASSUMED BY THE CUSTOMER.

You agree that A Voice 4 U entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to A Voice 4 U in the one (1) year period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether A Voice 4 U was aware of or advised in advance of the possibility of damages or such CLAIMS.

The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.

DISCLAIMER OF FORWARD-LOOKING STATEMENTS

THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.

HEALTH RELATED INFORMATION

WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.

DISCLAIMER OF PRODUCTS

ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

EXCLUSION OF DAMAGES

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

YOUR REPRESENTATIONS

You hereby represent and warrant that You are age eighteen (18) or older and are of sufficient legal age to order any Products or Services or use or access the website, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that A Voice 4 U has the right to rely upon all information provided to A Voice 4 U by You, and A Voice 4 U may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.

INTELLECTUAL PROPERTY

  1. A Voice 4 U Website
    • The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, other files, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries.
      The Intellectual Property is the exclusive property of A Voice 4 U or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement or by Your purchase of any Product from the Website. The Intellectual Property is protected by the copyright and trademark laws of the United States. Unless otherwise permitted by law, none of the Intellectual Property may be reproduced or used by You without A Voice 4 U prior written permission.
    • Trademarks
      • A Voice 4 U is a trade name we own. The related design marks, and other Ttrademarks on the Web Site are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not display or use in any manner any of these trademarks, trade dress, or trade names without our express written permission.
    • Third Party Websites
      • Any such websites or for the protection of Your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the applicable advertiser or other third party. You further agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
    • Linking and Framing
      • You may not deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website. You may not use any of Our logos or other trademarks as part of a link without express written permission.
    • Comments
      • All comments, feedback, suggestions, ideas, and other submissions that You disclose, submit or offer to Us in connection with Your use of the Website will become Our exclusive property. Such disclosure, submission or offer of any comments shall constitute an assignment to Us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at Our cost, execute any documents to effect, record, or perfect such assignment. Thus, We will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any comments. You should not submit any comments to Us if You do not wish to assign such rights to Us. We are and will be under no obligation: (i) to maintain any comments in confidence; (ii) to pay to You or any third party any compensation for any comments; or (iii) to respond to any comments. You are and shall remain solely responsible for the content of any comments You make.
    • Domestic Use; Export Restriction
      • We control the Web Site from Our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, relating to, or connected with your use of the Website, must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.

A VOICE 4 U PRIVACY POLICY

The personal information You submit to A Voice 4 U is governed by the A Voice 4 U Privacy Statement. To the extent there is an inconsistency between this Agreement and the A Voice 4 U Privacy Statement, this Agreement shall govern.

Pursuant to A Voice 4 U’s Privacy Statement, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that we will make reasonable efforts to provide that, such information will not include personally identifying information, except as specifically authorized by You or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Statement

TERMINATION OF AGREEMENT, ACCOUNT, AND/OR MEMBERSHIP

You agree that A Voice 4 U in its sole discretion, may terminate this Agreement, Your access to the Website, Your password, account (or any part thereof) or Your use of any of A Voice 4 U’s Products, Services, or Website, and remove and discard any Content within any of A Voice 4 U’s Products, Services, or Website, or refuse service to anyone for any reason, including, without limitation, for lack of use, if A Voice 4 U believes that You have violated, breached or acted inconsistently with the letter or spirit of the Terms and Conditions or Privacy Statement, if A Voice 4 U believes You are abusing the Products or Services A Voice 4 U provides, or if You are unable to provide A Voice 4 U with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information. A Voice 4 U may also in its sole discretion and at any time discontinue providing Products or Services, or any part thereof, with or without notice.

You agree that any termination of Your access to any Product., Service, or Website under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that A Voice 4 U may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or any of A Voice 4 U Products, Services, or Websites. Further, You agree that A Voice 4 U shall not be liable to You or any third-party for any termination of Your access to any of A Voice 4 U Products, Services, or Websites.

Following termination, You will not be permitted to use the Website and We may, in Our sole discretion, cancel any outstanding orders for Products or Services. If Your access to the Website is terminated, We reserve the right to exercise whatever means We deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with Your Internet Service Provider. The Terms and Conditions and Privacy Statement will survive indefinitely unless and until We choose to terminate them, regardless of whether any account You open is terminated by You or Us or if You have the right to access or use the Website.

DOCUMENT RETENTION POLICY

Upon termination of Your Agreement with A Voice 4 U for any reason and/or expiration of Your membership with A Voice 4 U and/or cancellation of Your membership with A Voice 4 U, A Voice 4 U will retain any and all documents and records that you have stored, provided to, or uploaded with A Voice 4 U for a period of six (6) months. After the expiration of this six (6) month period, A Voice 4 U will delete and/or destroy all such documents and records and part of A Voice 4 U ordinary course of business.

NOTICE

Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that You provided to Us, and shall be deemed delivered once sent. Notices by customers to A Voice 4 U must be sent in writing to the following address: A Voice 4 U 10 West Second St. 22nd Floor Dayton, Ohio 45402.

LINKS

The Website may provide links to other World Wide Web sites or resources. A Voice 4 U has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any A Voice 4 U Website.

A Voice 4 U cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any A Voice 4 U Website or third-party content on our sites.

A Voice 4 U does not endorse any of the merchandise, nor has A Voice 4 U taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. A Voice 4 U does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against A Voice 4 U with respect to such sites and third-party content. A Voice 4 U strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Neither A Voice 4 U nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website.

No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.AVoice4U.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from A Voice 4 U.

FORCE MAJEURE

A Voice 4 U shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay A Voice 4 U performance. A VOICE 4 U SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

INDEMNITY

You agree to defend, indemnify, and hold harmless A Voice 4 U, its Website, affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including, but not limited to, reasonable legal and accounting fees, which are not limited to Ohio’s Statewide Uniform Guidelines For Taxation of Costs in Civil Actions, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your use, misuse, or inability to use the Website, or Your breach of any of these terms and conditions of this Agreement.

A Voice 4 U shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. If A Voice 4 U does not hear from You promptly, A Voice 4 U reserves the right to defend such claim or suit and seek full recompense from You. Without limitation of the foregoing, You may not settle, compromise, or any other manner dispose of any claim without Our express written consent.

DISPUTE RESOLUTION BY BINDING ARBITRATION

We each agree To First Contact Each Other With Any Disputes. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution.

You agree to contact Us with disputes by calling Us at 1-855-614-2848 Mon-Fri: 9am – 5pm EST. or writing to Us at A Voice 4 U, LLC., 10 West Second St. 22nd Floor Dayton, Ohio 45402, A Voice 4 U will contact You by letter and electronic mail to Your billing address and contact information You provided Us.

In lieu of Suing In Court, We Each Agree To Arbitrate Disputes. We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and conditions in this Agreement, the Terms and Conditions, and the Privacy Statement, and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction.

We also each agree as follows:

  1. “Disputes” are any claims (including the definition of “claims” contained in the section Limitation of Liability and Disclaimer of Warranty above) or controversies against each other related in any way to this Agreement, the Terms and Conditions, the Privacy Statement, or Your purchase and use of the Product. This includes claims You bring against Our affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents or other representatives, or that A Voice 4 U brings against You.
  2. If either A Voice 4 U or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: A Voice 4 U LLC., Attn: Claims Department, 10 West Second St. 22nd Floor, Dayton, Ohio 45402. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
  3. The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
  4. The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com
  5. Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
  6. Both You and A Voice 4 U each agree not to pursue arbitration on a consolidated or class wide basis. Both You and A Voice 4 U each agree that any arbitration will be solely between You and A Voice 4 U (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
  7. We each are responsible for Our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, A Voice 4 U will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from A Voice 4 U; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if You are seeking $1,000 or more from Us.
  8. Not with standing the foregoing, A Voice 4 U will have the right to seek injunctive or other equitable relief in state or federal court located in Dayton, Ohio to enforce the Terms and Conditions or prevent an infringement of a third party’s rights. In the event equitable relief is sought, both A Voice 4 U and You hereby irrevocably submits to the personal jurisdiction of such court.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

GOVERNING LAW

You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms and Conditions, the Privacy Statement, or any matter concerning A Voice 4 U shall be governed exclusively by the laws of the State of Ohio, excluding its conflict of law provisions.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms and Conditions, the Privacy Statement, or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms and Conditions, and the Privacy Statement will continue in full force and effect.

NO WAIVER

No waiver of or by A Voice 4 U shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

HEADINGS

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

COMPLETE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

BINDING ON SUCCESSORS; ASSIGNMENT

This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement and all of Your rights and obligations under them may not be assignable or transferable by You without Our prior written consent. A Voice 4 U at its sole discretion may freely transfer or assign this Agreement or any of its obligations thereunder.

LAST MODIFIED: January, 2016.

COPYRIGHT

  1. All content on the AVoice4u.com Site, including but not limited to, all graphs, graphics, photographs, text, sounds, data, and audio and video clips, is the exclusive property of A VOICE 4 U, its licensors, or its content suppliers, and is protected by U.S. and international copyright laws. The compilation, collection, selection, arrangement, assembly and coordination of all content available on the Site is the exclusive property of A VOICE 4 U and protected by U.S. and international copyright laws.
  2. All information is deemed the exclusive property of the Disclosing Party prior to uploading or entering any information into an individual Member’s Account.
  3. Except as provided herein or otherwise expressly agreed to in writing, disclosure of any information to the AVoice4u.com Site does not transfer legal title of such information to A VOICE 4 U.
  4. A VOICE 4 U is entitled to non-exclusive possession of the information submitted to or entered into a Member’s Account subject to the terms of this Agreement. The right to possess such information will be automatically terminated upon the expiration or termination of this Agreement unless (a) otherwise agreed to in writing; or (b) return or destruction of the information is not feasible, in which event the right of possession is limited to possession for the purpose(s) which makes return or destruction of the information not feasible.
  5. Information on the AVoice4u.com Site may be displayed, reformatted, and/or printed for the Member’s or User’s personal, non-commercial use only. Information on the AVoice4u.com Site may not be reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or circulated to or for anyone. Any copy made of information obtained through the AVoice4u.com Site must include the copyright notice.
  6. The AVoice4u.com Site and any additional sites that are owned or controlled by A VOICE 4 U are trademarks of A VOICE 4 U and are protected by state and federal laws. Any unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could result in both civil and criminal penalties.

DISCLAIMER; NO WARRANTIES

  1. The AVoice4u.com Site is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular use or purpose, title, infringement, accuracy, reliability, completeness, timeliness, usefulness, adequacy or suitability of the Content.
  2. A VOICE 4 U cannot and will not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data. Further, A VOICE 4 U cannot and does not warrant or guarantee that the functions or services performed on the AVoice4u.com Site will be uninterrupted or error-free, or that defects in the AVoice4u.com Site will be corrected.
  3. A VOICE 4 U cannot and will not guarantee that any one or all of your healthcare providers will transmit all or any portion of your medical records or other health information. You should not rely exclusively on the A VOICE 4 U Content to describe accurately and completely your past, present, or future physical or mental health or condition or the provision of health care to you.
  4. A VOICE 4 U will not independently and separately verify the truth and accuracy of information supplied by your healthcare providers or entered by you. Information that is submitted by your healthcare providers or entered by you or your designee will be considered by A VOICE 4 U as accurate and complete. You and your healthcare providers are solely responsible for identifying and correcting any and all errors in information stored on the AVoice4u.com Site on your behalf.
  5. MEMBERS AND Users of the AVoice4u.com Site are solely responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to A VOICE 4 U for the reconstruction of any lost data.
  6. You understand and agree that information communicated to or otherwise entered in the AVoice4u.com site will be communicated over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet Service Providers and others, all of which are beyond the control of A VOICE 4 U. A VOICE 4 U cannot and will not assume any liability for or related to the delay, failure, interruption, interception or corruption of any data or other information communicated to or entered in the AVoice4u.com Site.
  7. A VOICE 4 U cannot and will not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
  8. A VOICE 4 U CANNOT AND will not assume any liability for any of the Content on the Site. Reliance on any information presented on the Site is at THE USER’S own risk. A VOICE 4 U reserves the right to change or discontinue any aspect or feature of the Site from time to time without notice.
  9. Information entered by a subscriber OR USER or provided by his or her healthcare providers AND ORGANIZATIONS will be used by A VOICE 4 U only for THE FOLLOWING purposes:
    • providing Members AND USERS the ability to ACCESS AND use the AVoice4u.com site via a valid AVoice4u.com USER ID AND passwordS.
    • PROVIDING EMERGENCY ACCESS AND USE OF A MEMBER’S ACCOUNT TO HEALTH CARE PROVIDERS AND OTHERS WHO ACCESS THE MYMEICALRECORDS.COM SITE USING A VALID EMERGENCY LOGIN PASSWORD.
    • aS NECESSARY FOR THE PROPER MANAGEMENT AND ADMINISTRATION OR IN ORDER TO CARRY OUT THE LEGAL RESPONSIBILITIES OF A VOICE 4 U.
  10. A VOICE 4 U CANNOT AND WILL NOT BE LIABLE FOR THE AUTHORIZED OR UNAUTHORIZED USE, misuse, and/OR DISCLOSURE OF Information that is stored and/or maintained in a Member’s account, including the information contained within THE EMERGENCY FOLDER AND/OR ANY OF THE SECONDARY FOLDERS.

INDEMNIFICATION

You agree to indemnify, defend, protect, release, and hold A VOICE 4 U, its officers, directors, employees, agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney’s fees incurred by A VOICE 4 U, its affiliates or their respective officers, agents, and employees in defense of same (“Claims”) arising in favor of any person, corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with this Agreement or any activity related to your Account or your use of the AVoice4u.com Site. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of A VOICE 4 U, its affiliates and their respective officers, directors, agents, and employees or by you or any other person accessing and/or using the Site and/or your Account.

WAIVER, RELEASE AND LIMITATION OF LIABILITY

  1. You agree that neither A VOICE 4 U nor its officers, directors, employees, and agents, nor its affiliates, Information Providers, or Suppliers and their respective officers, directors, employees, and agents shall have any liability to you under any theory of liability or indemnity in connection with, arising out of, or in any way incident to this Agreement or any activity related to your Account or your access or use of the AVoice4u.com Site. You hereby release and forever waive any and all claims you may have against A VOICE 4 U, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents for losses or damages you sustain in connection with your use of the AVoice4u.com Site.
  2. Notwithstanding the foregoing paragraph, the total collective liability of A VOICE 4 U, its officers, directors, employees, and agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages will not exceed the fees paid during the immediately preceding one (1) calendar year by the Subscriber for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data or business interruption arising from any use of or inability to use any Content or other parts of the AVoice4u.com Site, are hereby excluded even if A VOICE 4 U, its officers, directors, employees, and agents and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents have been advised of the possibility of such damages.

“Speak out for those who cannot speak, and for the rights of those who are left without help.”
-Proverbs 31:8