LollyCall

Terms of Service ("TERMS")


Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the LollyCall service (the "Service") operated by LollyCall ("us", "we", or "our").THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

  1. TERM COMMITMENT, CHARGES, BILLING AND PAYMENT.

    1. Term Commitment

    2. Your Agreement begins on the day we activate your Service and continues through the day your Service is terminated by you or us pursuant to the terms of this Agreement. There is no requirement that you maintain service for a specific term length.

    3. Cancellation of Service

    4. You may cancel this Agreement at any time for any reason, but you will be responsible for all charges incurred through termination. We may also cancel this Agreement. If we do, we will attempt to notify you in advance. Even though the account is canceled you are liable for all charges. We bill up through the date of termination. We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt or terminate your Services without notice:

      • for any conduct that we believe violates this Agreement;
      • if we see excessive or unusual usage patterns that we think may be fraudulent or abusive;
      • if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives;
      • you resell our Services either alone or as part of any other good or service;
      • if you fail to make all required payments when due;
      • if you provided inaccurate credit information; or
      • we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit.

      If you fail to perform your obligations, you will reimburse us for all expenses, including attorney fees, incurred in the enforcement of this Agreement and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies proved by law. Any failure by us to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.

    5. Changes in Service Terms and/or Rates

    6. We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any time. We will always provide you with at least 30 days notice before changing our rates. We will provide you with notice of material changes either in your monthly bill or separately. You must pay any additional charges from the date of our modification. You may terminate this Agreement at any time, but you will be responsible for all charges incurred through termination.

    7. Failure to Pay

    8. You agree that, if you fail to pay billed charges when due, LollyCall will cancel your service.

    9. Failed Payments

    10. We will charge you up to $30 (depending on applicable law) for any check or other instrument (including credit card charge backs) returned unpaid for any reason.

  2. DISPUTES

    1. Dispute Resolution By Binding Arbitration

    2. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

      Summary: Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling us at 503.334.3596. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or if LollyCall has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

    3. Arbitration Agreement.

    4. Unless otherwise provided within this Agreement, LollyCall and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

      • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
      • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
      • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
      • claims that may arise after the termination of this Agreement.

      References to "LollyCall," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior agreements between us. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and LollyCall are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.

  3. LIMITATIONS ON SERVICE AND LIABILITY.

  4. Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. Because LollyCall depends on the availability of any software providers we use to provide the service as well as the providers of your phone service, we cannot guarantee you 100% uptime. We do not guarantee that every call from LollyCall will reach its intended recipient.

    LOLLYCALL IS NOT A SUBSTITUTE FOR 911. LOLLYCALL MAKES NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL LOLLYCALL BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

    • act or omission of a third party;
    • mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
    • damage or injury caused by the use of LollyCall
    • claims against you by third parties;
    • damage or injury caused by a suspension or termination of Services or Software by LollyCall; or

    Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above. Unless prohibited by law, LollyCall is not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, or Software provided by or through LollyCall. To the full extent allowed by law, you hereby release, indemnify, and hold LollyCall and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by LollyCall or any person’s use thereof including claims arising in whole or in part from the alleged negligence of LollyCall, or any violation by you of this Agreement. This obligation shall survive termination of your Service with LollyCall. LollyCall is not liable to you for changes in operation, equipment, or technology that cause your telephone service to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

  5. NOTICES.

  6. Written notices to you shall be effective on the date deposited in the U.S. mail addressed to your address of record. Written notice to us shall be effective when directed to our Customer Service Department and received at our address of record. Oral notices shall be effective on the date reflected in our customer service system.

  7. INTELLECTUAL PROPERTY.

  8. You must respect the intellectual property rights of LollyCall, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by LollyCall or accessed through LollyCall's websites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner. All marks contained herein are the property of their respective owners.

  9. SEVERABILITY.

  10. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.

  11. ASSIGNMENT; GOVERNING LAW.

    1. Assignment

    2. LollyCall may assign this Agreement, but you may not assign this Agreement without our prior written consent.

    3. Governing Law

    4. The law of the state of Oregon shall govern this Agreement, except to the extent that such law is preempted by or inconsistent with applicable federal law.


IF YOU HAVE ANY QUESITONS ABOUT THESE TERMS OF SERVICE, PLEASE CONTACT US