Terms of Service

Terms of Service for Time to Call™ app

FOR PRIVACY POLICY go to http://www.vonagemobile.com/privacy (or scroll below Terms and Conditions)

VONAGE TIME TO CALL™ MOBILE SERVICE AND SOFTWARE STANDARD TERMS & CONDITIONS AND END USER LICENSE AGREEMENT

These Terms and Conditions constitute the agreement between Novega Venture Partners, Inc. ("Vonage Mobile") and the user of the Time to Call™ service plan provided by Vonage Mobile (individually and collectively referred to as "Service") and the associated software ("Software") for the Time to Call™ application (“Licensed Application”), which you must download to an authorized mobile device in order to use the Service.

By using the Service and downloading, installing or using the associated Software, you expressly agree to be bound by these Terms and Conditions and future amendments and additions to these as published from time to time at http://www.vonagemobile.com (collectively, the “Terms and Conditions” or “Agreement”). Vonage Mobile is sometimes referred to as "we," "us," "our," or "Vonage Mobile" and the user is sometimes referred to as "you," "your," or "user," or "customer."

SUMMARY OF IMPORTANT TERMS AND CONDITIONS

• The Service is designed as an alternative for making international calls from within the U.S. and other select countries and destinations using a compatible mobile device.
• The Licensed Application and the Service are not designed to replace or interfere with your current mobile telephone service. The Service does not support or terminate emergency (911) initiated calls.
• The Licensed Application will operate in high quality Wi-Fi network environments worldwide and high quality 3G network environments in the United States and Canada. VONAGE MOBILE DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH VONAGE MOBILE MUST INTERCONNECT. THEREFORE, VONAGE MOBILE DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.
• You are responsible for all data and other charges imposed by your carrier which may be incurred in using the Service.
• You may activate your Service by purchasing increments of fifteen (15) minutes of calling time to the countries that are supported by the Service. ANY UNUSED MINUTES MAY BE USED FOR ADDITIONAL CALLS TO THE SAME COUNTRY OR CALLING REGION AND WILL EXPIRE ONE (1) YEAR FROM THE DATE OF PURCHASE. Neither non-usage of the Service nor misdialing while using the Service entitles you to a credit or refund. There are no refunds for Service cancellations.
• Taxes may apply to the purchase price.
• Please note that if you are connecting to an international number without the Licensed Application screen being displayed, you have not accessed the Service and you will be charged by your carrier for that call according to its rates.
• Unless otherwise prohibited by applicable law, we can change the terms and conditions of the Service plan (such as features, prices, per minute rates and free offers) at any time, with or without notice.
• The Service does not support or operate on TTY-enabled devices.

BINDING AGREEMENT

These Terms and Conditions and any others referenced herein, constitute a legal agreement between you, the end user, and Vonage Mobile. This Agreement is a service Agreement. Please read it carefully before accepting it. Where this Agreement is provided in languages other than in English, in the event of a conflict in terms, the terms of the English version shall prevail.

CONFIRMATION OF YOUR RIGHT TO USE THE SERVICE AND SOFTWARE

By entering into these Terms and Conditions, you expressly confirm that you are legally entitled and of legal age to enter this Agreement, that you have read and understand fully its terms and conditions, and that you have confirmed that your use of this Software and Service is permitted under the laws of your country. Vonage will not be responsible if the use of the Software or the Service does not comply with the laws of your country.

You also represent and warrant that any information you provide to us in connection with your use of the Service or the Software (including, without limitation, your mobile telephone number) is accurate.

PURPOSE OF SERVICE

The Service is intended to enable alternative outbound international long distance calling from the United States and other designated countries and locations using a compatible mobile device. The Service is not designed to replace or interfere with your current mobile telephone service. The Service and the Licensed Application will operate in a high quality Wi-Fi network environment worldwide and high quality 3G network environment (U.S. and Canada).

CALLS TO EMERGENCY SERVICES

The Service is not a replacement for your ordinary telephone service and you cannot make emergency (e.g., 911) calls using the Service. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. If you dial internationally recognized emergency service numbers while using the Service from an authorized Compatible Device, the Licensed Application will close, the native dialer will be launched, and the call will placed over your carrier‘s cellular network. Neither your phone number nor your location will be reported to an emergency operator.

REQUIREMENTS FOR ACCESSING THE SERVICE

In order to use the Service to make calls, you must satisfy the following requirements:

1. You must have one of the authorized compatible handset devices identified on our website (the “Compatible Devices”). A list of all Compatible Devices can be found at http://www.vonagemobile.com.
2. You must download the Software onto your Compatible Device.
3. You must have a valid iTunes account, with an email address and valid password associated with it. Your iTunes account will be charged for all of the purchases you make.
4. You must have Wi-Fi access or a data plan with your wireless carrier to use the Service.
5. Before placing a call, you should confirm that the Wi-Fi or 3G network that you will be accessing has sufficient signal strength and bandwidth. Vonage is not responsible if you attempt, but fail, to make a call, or if your call is dropped, because the network does not have adequate signal strength or bandwidth or is congested or otherwise impaired. Vonage Mobile is not responsible for any failure or impairment of any Wi-Fi or 3G network.

You may only access the Service using authorized Software and a Compatible Device. It is your responsibility to download the correct Software for your Compatible Device. Vonage Mobile is not liable if you do not have a Compatible Device or if you have downloaded the wrong version of the Software. Vonage Mobile reserves the right to terminate this Agreement should you be using the Service or the Software with a device that is not identified as a Compatible Device. You may not use the Service simultaneously on more than one phone or device.

USING THE SOFTWARE AND THE SERVICE

To use the Service, you must first manually open the Licensed Application on your Compatible Device. To place an international call with the Service, you must see the Licensed Application screen when the call is being connected. Please note that if you are connecting to an international number without the Licensed Application screen being displayed, you have not accessed the Service, and you will be charged by your carrier for that call according to its rates.

Next, you will be asked to select the country that you wish to call. Upon first use: After you have selected the country, the next screen will show you the cost to purchase fifteen (15) minutes of calling time to call your selected country. If you wish to proceed with the call, you must complete your purchase by clicking the “BUY” button, and your iTunes account will be charged for the indicated cost of your purchase. If iTunes verifies your purchase, you will then be invited to dial the number you wish to call in the country you have selected. Upon second and subsequent uses: If you see a notification that you have any minutes remaining from a prior purchase which you can use to place your call, you must use those minutes before you can make a new calling purchase to your selected country or calling Region.

For more information on how to use the Service and the Software, see our Frequently Asked Questions at http://www.vonagemobile.com/support/Help_Center_NextGen/mobile/index.php.

VONAGE CHARGES FOR USING THE SERVICE

You may activate your Service by purchasing increments of fifteen (15) minutes of calling time to the countries that are supported by the Service. ANY UNUSED MINUTES MAY BE USED FOR ADDITIONAL CALLS TO THE SAME COUNTRY OR CALLING REGION AND WILL EXPIRE ONE (1) YEAR FROM THE DATE OF PURCHASE. Calls are metered on a per minute basis, and partial minutes are rounded up for billing. The Service is non-refundable, and no refunds or other compensation will be given for unused calling time. Neither non-usage of the Service nor misdialing while using the Service entitles you to a credit or refund.

DATA AND OTHER THIRD PARTY CHARGES

All 3G voice communications sent or received using the Service over your carrier‘s network will be charged to you at your wireless carrier‘s data (kilobyte) charges pursuant to your particular data plan and customer agreement with your carrier. You are solely responsible for these charges. Please check with your carrier regarding charges applicable to your account prior to using the Service over your carrier‘s network. In addition, when you use the Service, you may be making use of other third party networks (including 3G, Cellular/Mobile, commercial hotspots) beyond those of your carrier; as a result, third party carrier airtime, roaming, access charges and surcharges may apply, for which you are solely responsible. Vonage Mobile is not liable for these or any other costs you may incur by using your carrier‘s or other third party services.

CONSENT TO RECEIVE SMS MESSAGES

If you provide us with your cell phone number, you consent to receiving service-related information from us via SMS. You also agree that you are solely responsible for the SMS charges that your wireless provider may charge for both sending and SMS to us and for receiving any account-related SMS from us.

CUSTOMER SERVICE

For more information on our customer service, please review the "Support" section within the Licensed Application and at our web site http://www.vonagemobile.com. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.

CHANGES TO THE SERVICES

Our Service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your Service plan (such as features, prices and free offers) at any time, with or without notice.

TERMINATION

If we terminate your Service for your violation of these Terms and Conditions, cancellation will be effective immediately, and you will forfeit and not be refunded any unused pre-paid Service charges.

BILLING

Apple will charge your method of payment in advance for each Service purchase you authorize. We reserve the right to stop accepting your payment method or your payments. Vonage Mobile has no obligation to refund any payments made in advance for the use of the Service as set out in these Terms and Conditions.

TAXES

Taxes, surcharges, or fees, or all of these (collectively, “Taxes”), may be assessed by government authorities on your use of our Service. You are responsible for all Taxes, which will be in addition to the applicable charges for purchasing the Services. Your iTunes account will be charged for applicable Taxes in accordance with the iTunes Store Terms of Sale which is applicable in your country. To review the iTunes Store Terms of Sale for your country, visit http://www.apple.com/legal/itunes/ww/.

RESOLUTION OF BILLING OR SERVICE-RELATED ISSUES

If you want to dispute any Vonage Mobile charges on your account, you must notify Apple. To resolve any Service-related issues, notify Vonage Mobile at timetocallsupport@vonagemobile.com.

ASSIGNMENT OF RIGHTS

You may not assign your rights under these Terms and Conditions unless expressly agreed by Vonage Mobile. Vonage Mobile's assignment rights are unrestricted.

PRIVACY

We take our customers' privacy seriously. Our Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. Your calls may be subject to interception by law enforcement agencies and bodies. Vonage Mobile is not liable for any lack of privacy which you may experience from using our Service. Please read our Privacy Policy for full details at http://www.vonagemobile.com/privacy

REASONABLE USE OF SERVICE

Vonage Mobile Service is solely for normal personal, individual, non-commercial use. If you use the Service in a way that is inconsistent with such use, we reserve all right to terminate the Service.

LAWFUL PURPOSES ONLY

You may use our Service, the Software and your device only for lawful, proper and appropriate purposes. You may not use our Service, the Software or your device in any way that is illegal, improper or inappropriate. As a means of example only, you may not use our Service for auto-dialing, continuous or extensive call forwarding, inbound/outbound centralized or distributed call center activity, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, fax or voicemail blasting, or continuous or extensive chat line access. Nor may you use an open telephone line as a monitor, intercom or transcription service. And, you shall not use our Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service; use our service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to our Service.

USE OF SERVICE AND DEVICE BY CUSTOMERS OUTSIDE OF THE UNITED STATES

The Service is designed to be accessible on a world-wide basis. You will be solely responsible for any violations of local laws and regulations because of your use of our Service. Furthermore please be aware that your cellular carrier‘s data rates may change if you are using your cellular device outside of your local calling area.

NO ALTERATIONS OR TAMPERING

If you copy or alter or have someone else copy or alter the Software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our Service or make any use of our Service that is inconsistent with its intended purpose. You may not use or obtain our Service in any manner that avoids Vonage Mobile policies and procedures, including in an illegal or improper manner.

You have not been granted any license to use the Software we use to provide our Service or that we provide to you in providing our Service other than a nontransferable, revocable license to use the Software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms and Conditions and the End User License Agreement below. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the Software.

MONITORING

We may monitor the use of our Service for violations of these Terms and Conditions. We may remove or block all communications if we suspect a violation of these Terms and Conditions, or if we think it necessary in order to protect our service, or Vonage Mobile, its parent, affiliates, directors, officers, agents, and employees from harm.

PROVIDING INFORMATION TO AUTHORITIES AND THIRD PARTIES

If we believe that you have used our Service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es) and all other account information, as follows:

In response to law enforcement or other governmental agency requests;

As required by law, regulation, rule, subpoena, search warrant, or court order;

As necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;

To protect Vonage's rights and property; or

In emergency situations where disclosure of such information is necessary to protect Vonage customers or third parties from imminent harm.

OUR RIGHT TO DISCONNECT

We have the right to suspend or discontinue your access to the Service generally, or to disconnect your access to the Service, at any time, for any or no reason. By way of example, we reserve the right to immediately disconnect your access to the Service at any time without notice in the following circumstances:

• If we determine that you have used the Service or the Software for an unlawful or inappropriate purpose;
• If we determine that the use or content does not conform to the requirements in this Agreement or that it interferes with our ability to provide the Service to you or others;
• If we determine that you have used the Service or the Software in violation of any laws or regulations; or
• If we determine that you have tampered with the Software.

Our action or inaction under this section does not constitute any review or approval of your action or use or content.

THEFT OF SERVICE

You may not use or obtain our Service in any manner that avoids Vonage policies and procedures, including an illegal or improper manner. You must notify us immediately at timetocallsupport@vonagemobile.com if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us, you will be liable for all use of our Service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our Service whether or not it involves a stolen device.

NO TRANSFER OF SERVICE

You are the sole holder for the Service for all purposes. You may not resell or transfer your Service or provide a telephone service to anyone else by using your Vonage Service or features of your Vonage Service without first getting our written consent.

NO WARRANTY

YOU AGREE THAT OUR SERVICE IS PROVIDED "AS IS," EXCEPT TO THE EXTENT PROVIDED BELOW. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER VONAGE MOBILE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO THE CUSTOMER FOR OUR SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VONAGE MOBILE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICE, IF ANY, BY VONAGE MOBILE OR VONAGE MOBILE'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

DISCLAIMER OF LIABILITY FOR DAMAGES

In no event will Vonage Mobile, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with our Service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the 911 dialing service, any other emergency dialing service (e.g., 999, 112) or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. Vonage Mobile is not responsible for any impact the Software may have on your device or any impact the download and install of the Software may have on your device. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

DISCLAIMER OF THIRD PARTY ACTIONS AND CONTROL

Vonage Mobile does not and cannot control the quality of other parties' networks to which Vonage Mobile must interconnect. Therefore, Vonage Mobile disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless Vonage Mobile, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our Service, relating to our Service, including, without limitation, 911 Dialing or use of our Service by you or others using your account (whether or not such usage is expressly authorized by you).

CONTENT

You are responsible for all costs, damages and other liabilities that may arise from the content transmitted to any person, whether or not you authorize it, using the Service. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our Service.

GOVERNING LAW

The law of the state of New York will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable U.S. federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision contained herein.

NO WAIVER OF RIGHTS

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Vonage Mobile reserves all of its rights at law and equity to proceed against anyone who uses its Service illegally or improperly. All determinations by Vonage Mobile under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.

SURVIVAL

The provisions of this Agreement that by their sense and context are intended to survive shall survive the termination or expiration of this Agreement.

NO THIRD PARTY BENEFICIARIES

If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any third party beneficiary rights.

ENTIRE AGREEMENT

These Terms and Conditions, including any future modifications to its terms, the End-user License Agreement (below) and the rates for services found on our web site, if applicable, constitute the entire agreement between you and Vonage Mobile. This Agreement governs your use of our service as well as the use of our Service others you allow to utilize the Service. This Agreement supersedes any prior agreements between you and Vonage Mobile. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

ARBITRATION

Vonage Mobile and you agree to arbitrate any and all disputes and claims between you and Vonage Mobile arising under this Agreement or the EULA. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court.

INFORMAL RESOLUTION OF DISPUTES

Our Customer Care department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the Vonage Mobile customer care department by e-mail at timetocallsupport@vonagemobile.com. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.

FORMAL NOTICE OF DISPUTES

A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to Vonage Mobile must be sent to Vonage Mobile by certified mail addressed to: Novega Venture Partners, Inc., Attn: Legal Department, 23 Main Street, Holmdel, NJ 07733. A Notice of Dispute must be sent to you by email addressed to you at the last known email address or by certified mail at the last known mailing address, if any, known to Vonage Mobile either directly or through information provided to Vonage Mobile, from third party providers. The Notice of Dispute must describe the nature and basis of the dispute or claim and set for the specific relief sought.

If you and Vonage Mobile do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or Vonage Mobile may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase.

ARBITRATOR AND ARBITRAL RULES

The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org., or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

LOCATION AND PROCEDURE OF ARBITRATION

Unless you and Vonage Mobile mutually agree otherwise, all hearings conducted as part of the arbitration shall take place in New York, New York. If your claim is for $10,000 or less, you or Vonage Mobile may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.

FEES AND COSTS

You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in Vonage Mobile's favor, you shall reimburse Vonage Mobile for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse Vonage Mobile for any of the fees and costs advanced by Vonage Mobile. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, Vonage Mobile shall pay all fees and costs which it is required by law to pay.

WAIVER OF JURY TRIAL

You and Vonage Mobile agree that, by entering into this Agreement, you and Vonage Mobile are waiving the right to a trial by jury.

WAIVER OF CLASS ACTIONS

Class arbitrations are not permitted. You and Vonage Mobile agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Vonage Mobile agree that you and Vonage Mobile may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Vonage Mobile agree that, unless you and Vonage Mobile agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any provision in this Agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.

STATUTE OF LIMITATIONS

You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes addressed above), or you waive the right to pursue a claim based upon such event, facts, or dispute.

EXCEPTIONS TO ARBITRATION AGREEMENT

You and we agree:

• you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
• if you fail to timely pay amounts due, including for the costs of arbitration, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
• you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction
• any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
• either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Vonage Mobile, pending the completion of arbitration.

MODIFICATION OF ARBITRATION PROVISION

Despite any provision in this Agreement to the contrary, if Vonage Mobile makes any substantive change to this arbitration provision, you may reject any such change and require Vonage Mobile to adhere to the language in this provision.

CHANGES TO TERMS AND CONDITIONS

We may change these Terms and Conditions from time to time. By agreeing to these Terms and Conditions, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Vonage Mobile, including changes to these Terms and Conditions. Where applicable, we may give you notice of a change on the vonagemobile.com home page, on the relevant web page of the applicable Service, by e-mail, or, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the Service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your Service immediately. When posted, these Terms and Conditions supersede all previously agreed to electronic and written terms of service If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Vonage Mobile services. If you continue to use our service, we will consider this your acceptance of any changes.

EXPORT LAWS

You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.

INTELLECTUAL PROPERTY

Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

Third parties may make materials available using our service. These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our Service infringe a copyright, you should give us written notice.

FORCE MAJEURE

Vonage Mobile will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network

END USER LICENSE AGREEMENT

For all Compatible Devices, by clicking OK or otherwise installing, downloading, copying or using this Software (sometimes referred to as "Licensed Application"), you agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA is a legal agreement between you, the end user, and Vonage Mobile. If you do not agree to these terms then you may not use or install the Software. You agree that the only parties to this EULA are you and Vonage Mobile and that Vonage Mobile is solely responsible to you for this Software. If you do not agree to these terms then you may not use or install the Software. You acknowledge and agree that Apple is not a party to this EULA and is therefore not responsible for the Licensed Application and its content.

YOU ACKNOWLEDGE THAT THIS IS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THE VONAGE MOBILE SERVICE. YOU CAN CONTINUE TO USE YOUR MOBILE PHONE FOR MAKING EMERGENCY CALLS VIA YOUR CELLULAR PROVIDER AS NORMAL.

The Licensed Application makes use of data, information and services on your device, including, but not limited to Phonebook; local connectivity (WLAN and Bluetooth); settings, such as SIP profiles and WLAN access points; text messaging Inbox; and Outbox and call log.

This Software is intended for use only with the Service. When activated, this Licensed Application may re-direct phone call and message data made from your handset over a local WLAN connection which in turn may direct voice and message through the Internet in an unencrypted form. In order to use the Licensed Application, you must agree to the Terms and Conditions of Service.

SOFTWARE LICENSE

Subject to the terms of this EULA, Vonage Mobile grants you a limited, non-exclusive, non-sub-licensable, non-assignable, non-transferable license to use and install one copy of the Software on only one Compatible Device that you own or control (or as expressly outlined by Vonage Mobile from time to time) and as permitted by the Usage Rules set forth in the App Store Terms of Service.. "Use" means loaded in temporary memory or permanent storage on the Compatible Device. You must only use the Software for its intended purpose as published by Vonage Mobile from time to time. You may not use the Software in any way that could damage the Vonage Mobile service or other services. You may not use this Software to create unlawful, obscene, malicious or scandalous works.

OWNERSHIP

This license gives you a limited license to use the Software. Vonage Mobile retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software. You and Vonage Mobile acknowledge that in the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Vonage Mobile will be solely responsible for the investigation, defense and settlement of such claim.

NO SELLING

This agreement is a personal agreement between you and Vonage Mobile. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS. VONAGE MOBILE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSE OR RESULTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWARE IS SUPPLIED TO YOU FREE OF CHARGE.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, nor any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

LIABILITY

THIS SOFTWARE IS NOT INTENDED FOR USE WITH THE EMERGENCY SERVICES. IN NO EVENT SHALL VONAGE MOBILE, ITS PARENT OR AFFILIATED COMPANIES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OR COSTS WHATSOEVER EXPERIENCED BY YOU OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE, MISUSE OR INABILITY TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

You are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA. Apple has no obligation to furnish any maintenance or support services with respect to this Software. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the Software, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In the event of any third party claim that the Software or your possession and use of the Software infringes on any third party's intellectual property rights, Vonage Mobile, not Apple, shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

TERMINATION

We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Vonage Mobile reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by you shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA you hereby give permission to Vonage Mobile to remotely disable your ability to use the Software.

INDEMNITY

You shall be liable for all costs and losses incurred by Vonage Mobile as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, any use or misuse of the Software, or any communications spread by means of the Software.

JURISDICTION

You must represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties. This EULA is governed by the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. You are responsible for compliance with any applicable laws and regulations.

THIRD PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

CONTACT INFORMATION

Please direct any questions, complaints or claims related to the Licensed Application to:
Novega Venture Partners, Inc.
23 Main Street
Holmdel, NJ 07733
CustomerCare@vonagemobile.com

Terms of Service for Extensions™ app

FOR PRIVACY POLICY go to http://www.vonagemobile.com/privacy (or scroll below Terms and Conditions)

VONAGE EXTENSIONS™ MOBILE SERVICE AND SOFTWARE STANDARD TERMS & CONDITIONS AND END USER LICENSE AGREEMENT

These Terms and Conditions constitute the agreement between Novega Venture Partners, Inc. ("Vonage Mobile") and the user of the Extensions™ outbound calling service provided by Vonage Mobile (individually and collectively referred to as "Service") and the associated software ("Software") for the Extensions™ application (“Licensed Application”), which you must download to an authorized mobile device in order to use the Service.

By using the Service and downloading, installing or using the associated Software, you expressly agree to be bound by these Terms and Conditions and future amendments and additions to these as published from time to time at http://www.vonagemobile.com, as well as Vonage’s full Terms of Service, which can be found at http://www.vonage.com (collectively, the “Terms and Conditions” or “Agreement”). Vonage Mobile is sometimes referred to as "we," "us," "our," or "Vonage Mobile" and the user is sometimes referred to as "you," "your," or "user," or "customer."

SUMMARY OF IMPORTANT TERMS AND CONDITIONS

• The Service is designed as an alternative for making international calls from within the U.S. and using a compatible mobile device with a U.S.-registered telephone number.
• The Licensed Application and the Service are not designed to replace or interfere with your current mobile telephone service. The Service does not support or terminate emergency (911) initiated calls.
• The Licensed Application and Service permit outbound calling on registered mobile phones at the Vonage residential or business calling plan rates. (Philippines Unlimited residential plan subscribers will be charged Vonage World residential plan rates, including $0.09/min to the Philippines.) Unlimited home calling plan subscribers (and their authorized Service users) can use the Service to call the same unlimited calling countries on their mobile device. Calls to other countries and international destinations are charged at applicable per-minute rates.
• VONAGE MOBILE DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH VONAGE MOBILE MUST INTERCONNECT. THEREFORE, VONAGE MOBILE DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.
• You are responsible for all data and other charges imposed by your carrier which may be incurred in using the Service.
• Neither non-usage of the Service nor misdialing while using the Service entitles you to a credit or refund. There are no refunds for Service cancellations.
• Applicable charges, including a monthly recurring charge (MRC), calls to per-minute countries and destinations, and taxes and fees, will appear on your monthly account bill.
• Please note that if you are connecting to an international number without the Licensed Application screen being displayed, you have not accessed the Service and you will be charged by your carrier for that call according to its rates.
• Unless otherwise prohibited by applicable law, we can change the terms and conditions of the Service plan (such as features, prices, per minute rates and promotional offers) at any time, with or without notice.
• The Service does not support or operate on TTY-enabled devices.

BINDING AGREEMENT

These Terms and Conditions and any others referenced herein, constitute a legal agreement between you, the end user, and Vonage Mobile. This Agreement is a service Agreement. Please read it carefully before accepting it. Where this Agreement is provided in languages other than in English, in the event of a conflict in terms, the terms of the English version shall prevail.

CONFIRMATION OF YOUR RIGHT TO USE THE SERVICE AND SOFTWARE

By entering into these Terms and Conditions, you expressly confirm that you are legally entitled and of legal age to enter this Agreement, that you have read and understand fully its terms and conditions, and that you have confirmed that your use of this Software and Service is permitted under the laws of your country. Vonage will not be responsible if the use of the Software or the Service does not comply with the laws of your country.

You also represent and warrant that any information you provide to us in connection with your use of the Service or the Software (including, without limitation, your mobile telephone number) is accurate.

PURPOSE OF SERVICE

The Service is intended to enable alternative outbound international long distance calling from the United States using a compatible mobile device. The Service is not designed to replace or interfere with your current mobile telephone service.

CALLS TO EMERGENCY SERVICES

The Service is not a replacement for your ordinary telephone service and you cannot make emergency (e.g., 911) calls using the Service. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal. If you dial internationally recognized emergency service numbers while using the Service from an authorized Compatible Device, the Licensed Application will close, the native dialer will be launched, and the call will placed over your carrier’s cellular network. Neither your phone number nor your location will be reported to an emergency operator.

REQUIREMENTS FOR ACCESSING THE SERVICE

In order to use the Service to make calls, you must satisfy the following requirements:

1. You must have one of the authorized compatible handset devices identified on our website (the “Compatible Devices”). A list of all Compatible Devices can be found at http://www.vonagemobile.com.
2. You must download the Software onto your Compatible Device.
3. You must have a valid iTunes or Android Market account, with an email address and valid password associated with it.
4. You must have Wi-Fi access or a data plan with your wireless carrier to use the Service.
5. Before placing a call, you should confirm that the Wi-Fi or 3G network that you will be accessing has sufficient signal strength and bandwidth. Vonage is not responsible if you attempt, but fail, to make a call, or if your call is dropped, because the network does not have adequate signal strength or bandwidth or is congested or otherwise impaired. Vonage Mobile is not responsible for any failure or impairment of any Wi-Fi or 3G network.

You may only access the Service using authorized Software and a Compatible Device. It is your responsibility to download the correct Software for your Compatible Device. Vonage Mobile is not liable if you do not have a Compatible Device or if you have downloaded the wrong version of the Software. Vonage Mobile reserves the right to terminate this Agreement should you be using the Service or the Software with a device that is not identified as a Compatible Device. You may not use the Service simultaneously on more than one phone or device.

USING THE SOFTWARE AND THE SERVICE

To use the Service, you must first manually open the Licensed Application on your Compatible Device. To place an international call with the Service, you must see the Licensed Application screen when the call is being connected. Please note that if you are connecting to an international number without the Licensed Application screen being displayed, you have not accessed the Service, and you will be charged by your carrier for that call according to its rates.

For more information on how to use the Service and the Software, see our Frequently Asked Questions at http://www.vonagemobile.com/support/extensions/.

VONAGE CHARGES FOR USING THE SERVICE; BILLING

The Service permits outbound calling on registered mobile phones at the home calling plan rates. Applicable charges, including monthly recurring charge (MRC) and/or pay-per-minute charges, if any, will appear on the Vonage account holder’s monthly bill. Per-minute calls are metered on a per minute basis, and partial minutes are rounded up for billing. We reserve the right to stop accepting the account holder’s payment method or payments. Vonage Mobile has no obligation to refund any payments made in advance for the use of the Service as set out in these Terms and Conditions. Neither non-usage of the Service nor misdialing while using the Service entitles you to a credit or refund.

CELLULAR, DATA AND OTHER THIRD PARTY CHARGES

All 3G voice communications sent or received using the Service over your carrier’s network will be charged to you at your wireless carrier’s data (kilobyte) charges pursuant to your particular data plan and customer agreement with your carrier. You are solely responsible for these charges. Please check with your carrier regarding charges applicable to your account prior to using the Service over your carrier’s network. In addition, when you use the Service, you may be making use of other third party networks (including 3G, Cellular/Mobile, commercial hotspots) beyond those of your carrier; as a result, third party carrier airtime, roaming, access charges and surcharges may apply, for which you are solely responsible. Vonage Mobile is not liable for these or any other costs you may incur by using your carrier’s or other third party services.

CONSENT TO RECEIVE SMS MESSAGES

If you provide us with your cell phone number, you consent to receiving service-related information from us via SMS. You also agree that you are solely responsible for the SMS charges that your wireless provider may charge for both sending and SMS to us and for receiving any account-related SMS from us.

CUSTOMER SERVICE

For more information on our customer service, please review the "Support" section within the Licensed Application and at our web site http://www.vonagemobile.com/support/extensions/. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.

CHANGES TO THE SERVICES

Our Service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your Service plan (such as features, prices and free offers) at any time, with or without notice.

TERMINATION

If we terminate your Service for your violation of these Terms and Conditions, cancellation will be effective immediately, and you will forfeit and not be refunded any unused pre-paid Service charges.

TAXES

Taxes, surcharges, or fees, or all of these (collectively, “Taxes”), may be assessed by government authorities on your use of our Service. You are responsible for all Taxes, which will be in addition to the applicable charges for purchasing the Services.

RESOLUTION OF BILLING OR SERVICE-RELATED ISSUES

If you want to dispute any Vonage Mobile charges on your account, you must notify Vonage. To resolve any Service-related issues, notify Vonage Mobile at extensionsupport@vonage.com.

ASSIGNMENT OF RIGHTS

You may not assign your rights under these Terms and Conditions unless expressly agreed by Vonage Mobile. Vonage Mobile's assignment rights are unrestricted.

PRIVACY

We take our customers' privacy seriously. Our Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. Your calls may be subject to interception by law enforcement agencies and bodies. Vonage Mobile is not liable for any lack of privacy which you may experience from using our Service. Please read our Privacy Policy for full details at http://www.vonagemobile.com/privacy

REASONABLE USE OF SERVICE

Vonage Mobile Service is solely for normal personal, individual, non-commercial use. Mobile Extensions™ usage is combined with your existing home phone line usage and is subject to our Reasonable Use Policy. Please read our Reasonable Use Police for full details at http://www.vonage.com/reasonable_use_policy. If you use the Service in a way that is inconsistent with such use, we reserve all right to terminate the Service.

LAWFUL PURPOSES ONLY

You may use our Service, the Software and your device only for lawful, proper and appropriate purposes. You may not use our Service, the Software or your device in any way that is illegal, improper or inappropriate. As a means of example only, you may not use our Service for auto-dialing, continuous or extensive call forwarding, inbound/outbound centralized or distributed call center activity, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, fax or voicemail blasting, or continuous or extensive chat line access. Nor may you use an open telephone line as a monitor, intercom or transcription service. And, you shall not use our Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service; use our service to violate any law, rule, or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to our Service.

USE OF SERVICE AND DEVICE BY CUSTOMERS IN THE UNITED STATES

The Service is designed to be accessible within the U.S. You will be solely responsible for any violations of local laws and regulations because of your use of our Service. Furthermore please be aware that your cellular carrier’s data rates may change if you are using your cellular device outside of your local calling area.

NO ALTERATIONS OR TAMPERING

If you copy or alter or have someone else copy or alter the Software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our Service or make any use of our Service that is inconsistent with its intended purpose. You may not use or obtain our Service in any manner that avoids Vonage Mobile policies and procedures, including in an illegal or improper manner.

You have not been granted any license to use the Software we use to provide our Service or that we provide to you in providing our Service other than a nontransferable, revocable license to use the Software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms and Conditions and the End User License Agreement below. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the Software.

MONITORING

We may monitor the use of our Service for violations of these Terms and Conditions. We may remove or block all communications if we suspect a violation of these Terms and Conditions, or if we think it necessary in order to protect our service, or Vonage Mobile, its parent, affiliates, directors, officers, agents, and employees from harm.

PROVIDING INFORMATION TO AUTHORITIES AND THIRD PARTIES

If we believe that you have used our Service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es) and all other account information, as follows:

In response to law enforcement or other governmental agency requests;

As required by law, regulation, rule, subpoena, search warrant, or court order;

As necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;

To protect Vonage's rights and property; or In emergency situations where disclosure of such information is necessary to protect Vonage customers or third parties from imminent harm.

OUR RIGHT TO DISCONNECT

We have the right to suspend or discontinue your access to the Service generally, or to disconnect your access to the Service, at any time, for any or no reason. By way of example, we reserve the right to immediately disconnect your access to the Service at any time without notice in the following circumstances:

• If we determine that you have used the Service or the Software for an unlawful or inappropriate purpose;
• If we determine that the use or content does not conform to the requirements in this Agreement or Vonage’s full Terms of Service or that it interferes with our ability to provide the Service to you or others;
• If we determine that you have used the Service or the Software in violation of any laws or regulations; or
• If we determine that you have tampered with the Software.

Our action or inaction under this section does not constitute any review or approval of your action or use or content.

THEFT OF SERVICE

You may not use or obtain our Service in any manner that avoids Vonage policies and procedures, including an illegal or improper manner. You must notify us immediately at fraud@vonage.com if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in a timely manner, we may disconnect your Service and levy additional charges on you. Until you notify us, you will be liable for all use of our Service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our Service whether or not it involves a stolen device.

NO TRANSFER OF SERVICE

You are the sole holder for the Service for all purposes. You may not resell or transfer your Service or provide a telephone service to anyone else by using your Vonage Service or features of your Vonage Service without first getting our written consent.

NO WARRANTY

YOU AGREE THAT OUR SERVICE IS PROVIDED "AS IS," EXCEPT TO THE EXTENT PROVIDED BELOW. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER VONAGE MOBILE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO THE CUSTOMER FOR OUR SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VONAGE MOBILE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICE, IF ANY, BY VONAGE MOBILE OR VONAGE MOBILE'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

DISCLAIMER OF LIABILITY FOR DAMAGES

In no event will Vonage Mobile, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with our Service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the 911 dialing service, any other emergency dialing service (e.g., 999, 112) or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. Vonage Mobile is not responsible for any impact the Software may have on your device or any impact the download and install of the Software may have on your device. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

DISCLAIMER OF THIRD PARTY ACTIONS AND CONTROL

Vonage Mobile does not and cannot control the quality of other parties' networks to which Vonage Mobile must interconnect. Therefore, Vonage Mobile disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless Vonage Mobile, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our Service, relating to our Service, including, without limitation, 911 Dialing or use of our Service by you or others using your account (whether or not such usage is expressly authorized by you).

CONTENT

You are responsible for all costs, damages and other liabilities that may arise from the content transmitted to any person, whether or not you authorize it, using the Service. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our Service.

GOVERNING LAW

The law of the state of New York will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable U.S. federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision contained herein.

NO WAIVER OF RIGHTS

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Vonage Mobile reserves all of its rights at law and equity to proceed against anyone who uses its Service illegally or improperly. All determinations by Vonage Mobile under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.

SURVIVAL

The provisions of this Agreement that by their sense and context are intended to survive shall survive the termination or expiration of this Agreement.

NO THIRD PARTY BENEFICIARIES

If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any third party beneficiary rights.

ENTIRE AGREEMENT

These Terms and Conditions, including any future modifications to its terms, the End-user License Agreement (below) and the rates for services found on our web site, if applicable, constitute the entire agreement between you and Vonage Mobile. This Agreement governs your use of our service as well as the use of our Service others you allow to utilize the Service. This Agreement supersedes any prior agreements between you and Vonage Mobile. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

SEVERABILITY

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

ARBITRATION

Vonage Mobile and you agree to arbitrate any and all disputes and claims between you and Vonage Mobile arising under this Agreement or the EULA. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court.

INFORMAL RESOLUTION OF DISPUTES

Our Customer Care department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the Vonage Mobile customer care department by e-mail at extensionsupport@vonage.com. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.

FORMAL NOTICE OF DISPUTES

A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to Vonage Mobile must be sent to Vonage Mobile by certified mail addressed to: Novega Venture Partners, Inc., Attn: Legal Department, 23 Main Street, Holmdel, NJ 07733. A Notice of Dispute must be sent to you by email addressed to you at the last known email address or by certified mail at the last known mailing address, if any, known to Vonage Mobile either directly or through information provided to Vonage Mobile, from third party providers. The Notice of Dispute must describe the nature and basis of the dispute or claim and set for the specific relief sought.

If you and Vonage Mobile do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or Vonage Mobile may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase.

ARBITRATOR AND ARBITRAL RULES

The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org., or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

LOCATION AND PROCEDURE OF ARBITRATION

Unless you and Vonage Mobile mutually agree otherwise, all hearings conducted as part of the arbitration shall take place in New York, New York. If your claim is for $10,000 or less, you or Vonage Mobile may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.

FEES AND COSTS

You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in Vonage Mobile's favor, you shall reimburse Vonage Mobile for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse Vonage Mobile for any of the fees and costs advanced by Vonage Mobile. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, Vonage Mobile shall pay all fees and costs which it is required by law to pay.

WAIVER OF JURY TRIAL

You and Vonage Mobile agree that, by entering into this Agreement, you and Vonage Mobile are waiving the right to a trial by jury.

WAIVER OF CLASS ACTIONS

Class arbitrations are not permitted. You and Vonage Mobile agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Vonage Mobile agree that you and Vonage Mobile may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Vonage Mobile agree that, unless you and Vonage Mobile agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any provision in this Agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.

STATUTE OF LIMITATIONS

You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes addressed above), or you waive the right to pursue a claim based upon such event, facts, or dispute.

EXCEPTIONS TO ARBITRATION AGREEMENT

You and we agree:

• you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
• if you fail to timely pay amounts due, including for the costs of arbitration, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
• you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction • any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
• either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Vonage Mobile, pending the completion of arbitration.

MODIFICATION OF ARBITRATION PROVISION

Despite any provision in this Agreement to the contrary, if Vonage Mobile makes any substantive change to this arbitration provision, you may reject any such change and require Vonage Mobile to adhere to the language in this provision.

CHANGES TO TERMS AND CONDITIONS

We may change these Terms and Conditions from time to time. By agreeing to these Terms and Conditions, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Vonage Mobile, including changes to these Terms and Conditions. Where applicable, we may give you notice of a change on the http://www.vonagemobile.com home page, on the relevant web page of the applicable Service, by e-mail, or, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the Service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your Service immediately. When posted, these Terms and Conditions supersede all previously agreed to electronic and written terms of service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Vonage Mobile services. If you continue to use our service, we will consider this your acceptance of any changes.

EXPORT LAWS

You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.

INTELLECTUAL PROPERTY

Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

Third parties may make materials available using our service. These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our Service infringe a copyright, you should give us written notice.

FORCE MAJEURE

Vonage Mobile will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network

END USER LICENSE AGREEMENT

For all Compatible Devices, by clicking OK or otherwise installing, downloading, copying or using this Software (sometimes referred to as "Licensed Application"), you agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA is a legal agreement between you, the end user, and Vonage Mobile. If you do not agree to these terms then you may not use or install the Software. You agree that the only parties to this EULA are you and Vonage Mobile and that Vonage Mobile is solely responsible to you for this Software. If you do not agree to these terms then you may not use or install the Software. You acknowledge and agree that neither Apple nor Google is a party to this EULA and is therefore not responsible for the Licensed Application and its content.

YOU ACKNOWLEDGE THAT THIS IS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THE VONAGE MOBILE SERVICE. YOU CAN CONTINUE TO USE YOUR MOBILE PHONE FOR MAKING EMERGENCY CALLS VIA YOUR CELLULAR PROVIDER AS NORMAL.

The Licensed Application makes use of data, information and services on your device, including, but not limited to Phonebook; local connectivity (WLAN and Bluetooth); settings, such as SIP profiles and WLAN access points; text messaging Inbox; and Outbox and call log.

This Software is intended for use only with the Service. When activated, this Licensed Application may re-direct phone call and message data made from your handset over a local WLAN connection which in turn may direct voice and message through the Internet in an unencrypted form. In order to use the Licensed Application, you must agree to the Terms and Conditions of Service.

SOFTWARE LICENSE

Subject to the terms of this EULA, Vonage Mobile grants you a limited, non-exclusive, non-sub-licensable, non-assignable, non-transferable license to use and install one copy of the Software on only one Compatible Device that you own or control (or as expressly outlined by Vonage Mobile from time to time) and as permitted by the Usage Rules set forth in the App Store Terms of Service or Android Market Terms of Service, as applicable. "Use" means loaded in temporary memory or permanent storage on the Compatible Device. You must only use the Software for its intended purpose as published by Vonage Mobile from time to time. You may not use the Software in any way that could damage the Vonage Mobile service or other services. You may not use this Software to create unlawful, obscene, malicious or scandalous works.

OWNERSHIP

This license gives you a limited license to use the Software. Vonage Mobile retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software. You and Vonage Mobile acknowledge that in the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Vonage Mobile will be solely responsible for the investigation, defense and settlement of such claim.

NO SELLING

This agreement is a personal agreement between you and Vonage Mobile. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS. VONAGE MOBILE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSE OR RESULTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWARE IS SUPPLIED TO YOU FREE OF CHARGE.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, nor any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

LIABILITY

THIS SOFTWARE IS NOT INTENDED FOR USE WITH THE EMERGENCY SERVICES. IN NO EVENT SHALL VONAGE MOBILE, ITS PARENT OR AFFILIATED COMPANIES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OR COSTS WHATSOEVER EXPERIENCED BY YOU OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE, MISUSE OR INABILITY TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

You are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA. Apple has no obligation to furnish any maintenance or support services with respect to this Software. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the Software, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In the event of any third party claim that the Software or your possession and use of the Software infringes on any third party's intellectual property rights, Vonage Mobile, not Apple, shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

TERMINATION

We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Vonage Mobile reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by you shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA you hereby give permission to Vonage Mobile to remotely disable your ability to use the Software.

INDEMNITY

You shall be liable for all costs and losses incurred by Vonage Mobile as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, any use or misuse of the Software, or any communications spread by means of the Software.

JURISDICTION

You must represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties. This EULA is governed by the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. You are responsible for compliance with any applicable laws and regulations.

THIRD PARTY BENEFICIARY

You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

CONTACT INFORMATION

Please direct any questions, complaints or claims related to the Licensed Application to:

Novega Venture Partners, Inc.
23 Main Street
Holmdel, NJ 07733
CustomerCare@vonagemobile.com

PRIVACY POLICY

Vonage Holdings Corp. and its affiliated entities ("Vonage") are committed to your privacy. We obey all laws and regulations in the United States applicable to our use and disclosure of your information. Except as set forth in this Privacy Policy, we will not trade, sell, or disclose to any third party any form of PII (as defined below) without your consent and we will not disclose or make available any PII to any third parties seeking to market third party products without your consent. We have set forth this Privacy Policy to explain to you how we collect and use information from our customers who use services and products from Vonage ("Customers") and from visitors to our Web sites and from potential customers who have communicated, made contact, or interacted with Vonage ("Visitors"), both in connection with online and offline services and products offered by Vonage.

Collection of Information

Vonage shall collect personally identifiable information, including but not limited to name, physical address, email address, telephone number, credit card information, and other personal information (collectively, "PII"), from Customers when initiating service and in connection with the provision or marketing of products and services. Vonage may collect PII from Visitors in connection with any visit to our Web sites, any communication about our services and products, or other transactions or interactions with Vonage.

Vonage may also collect non-personally identifiable information from Customers and Visitors regarding usage of our services or our Web site ("Non-PII"). Non-PII may include Web site pages viewed, time spent using certain services, demographic data, cookies, and other information which does not specifically identify any one individual.

"Cookies" are pieces of information that may be placed on your computer by a Web site for the purpose of facilitating and enhancing your communication and interaction with that Web site. Many Web sites use cookies for these purposes. We may use cookies to customize your visit to our Web sites and for other purposes to make your visit more convenient or to enable us to enhance our service.

In addition to our cookies, we and our vendors and contractors may also use clear gifs, Web beacons, and third party cookies to improve the performance of our Web sites, provide certain features such as advertising, or to anonymously track usage of our Web sites and the online activity of users. In addition, we may use such devices in our HTML-based emails to track the usage of such emails in much the same manner as usage of our Web sites is tracked.

You may stop or restrict the placement of cookies on your computer, including third party cookies, or flush them from your browser by adjusting your Web browser preferences, in which case you may still use our Web site, but it may interfere with some of its functionality.

Anti-Spyware Policy

Vonage believes that Spyware is a threat to consumer privacy and a consumer's experience online. Therefore, we forbid any Vonage employee, agent, partner, affiliate, or contractor from intentionally deploying or using Spyware (as defined in this policy) on behalf of Vonage. Spyware refers to any executable software application that is installed on a user's personal computer and covertly gathers and transmits PII through the user's Internet connection without the knowledge or consent of the user. Cookies and Web beacons are not considered Spyware. Spyware may gather PII, such as e-mail addresses and credit card information, and may even alter personal computer settings. Intentional use of Spyware by any Vonage employee, agent, partner, or affiliate on Vonage's behalf will not be tolerated and will be considered grounds for dismissal, contract termination, and/or loss of payment.

Use of Information

Vonage will use PII to (1) market products and services to Customers and Visitors that Vonage believes may be of interest to them, (2) provide services and products requested by Customers and Visitors and (3) enable its vendors, contractors and partners to provide and assist Vonage in the marketing and provision of such services and products to Vonage, Customers, or Visitors or to participate in joint marketing offers with Vonage. In our contracts with vendors, contractors and partners, we require them to protect PII and to limit their use of such information to the purposes for which it is provided. They may not use this information for their own independent marketing purposes. If you purchase products and services offered jointly by Vonage and one of our partners, PII may be received and shared by both Vonage and our partner. Each company’s privacy policy may apply. However, we will not share your credit card information with any third parties unless they are involved in processing payments for services that you have purchased from Vonage. Vonage only works with partners whom we believe maintain high standards with respect to privacy and consumer rights.

Vonage may also use and disclose PII to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our service or network, to investigate fraud or violations of our Terms of Service, as required by courts or administrative agencies or in connection with a sale, merger, or reorganization of Vonage's business.

Non-PII may be shared with any number of third parties by Vonage.

CPNI

In the course of providing services to you, we collect and maintain certain customer proprietary network information ("CPNI"). CPNI includes the types of services you currently purchase, related usage and billing information for those services. Your telephone number, name, and address are not CPNI. We value our relationships with our customers and are committed to respecting and protecting your CPNI. Accordingly, we do not sell, trade, or share your CPNI, including your calling records outside of Vonage or with anyone not authorized to offer our products or services, or to perform functions on our behalf except as authorized by you or required by law. Generally, we can use your CPNI to offer additional services to you, and for billing and collections purposes. We can also disclose your CPNI for legal or regulatory reasons, including in response to subpoenas and court orders, without your prior knowledge or consent. We can also use CPNI to investigate fraud and to prevent violation of our Terms of Service and unlawful use of our network, services, and other customers.

Security

Vonage has invested and deployed a wide variety of technology and security features to make reasonable efforts to ensure the privacy of information on its network. In addition, Vonage has implemented operations guidelines to ensure Customer and Visitor privacy is safeguarded throughout its organization. Vonage will continue to revise policies and implement additional security features as new technologies becomes available. However, no system or service can give a 100% guaranty of security, especially a service that relies upon the public Internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information when using or accessing our services and our network.

Communications

Vonage will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications that are transmitted using Vonage services except as required to ensure proper operation of services or as otherwise authorized by law, or with your prior consent.

You should be aware that any PII which you voluntarily include and transmit through publicly accessible forums (i.e., such as chat rooms, blogs, instant messages, listservs) may be viewed and used by anyone with access to such forums. Vonage is unable to control such uses of your PII, and by using such services, you assume the risk that the PII provided by you may be viewed and used by third parties.

Account Information

Subject to certain security requirements, Vonage will do its best to honor requests from Customers for their own account information, including name, address, company, or billing information. The Customer is responsible for ensuring that the information on file with Vonage is current and accurate.

Children's Privacy Policy

Vonage does not sell products or services for purchase by children. Vonage does not knowingly solicit or collect PII from children or teenagers under the age of eighteen. If you believe that a minor has disclosed PII to Vonage, report this to us.

Vonage Spam Policy

Vonage has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing Vonage privileges such as loss of referral credits and even loss of a customer's account. If you receive spam and want to report it to Vonage, please forward the email you have received to spam-police@vonage.com.

Third Party Web Sites and Services

Our service may contain links to other Web sites and services not maintained by Vonage. In addition, other Web sites and services may also reference or link to Vonage. We encourage you to be aware when you leave our service, or surf the Internet, and to read the privacy statements of each and every Web site and service that you visit. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, such other Web sites and services.

Vonage does not assume, and expressly disclaims, any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).

Opt-out Policy

If you do not want your PII used by Vonage for any direct marketing purposes, then you may opt-out of such disclosures by calling us at 1-VONAGE-HELP (1-866-243-4357).

However, we are not responsible for removing your PII from the lists of any third party who has previously been provided your information in accordance with this policy. Since Vonage must use a Customer's PII in order to provide them with Vonage services, Customers cannot opt-out of all uses of their PII unless they cancel their service.

Changes to Policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time by posting such changes here. You should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date below. However, if at any time in the future we plan to use PII in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use following the posting of any changes to this policy means you accept such changes.

Terms of Service

For Customers, this Privacy Policy is subject to the Vonage Terms of Service or other agreements between you and Vonage. If you are a Customer, please refer to the Terms of Service or such other agreements regarding certain rights and limitations with respect to your use of Vonage's services.

United States of America

Our service is maintained in the United States of America. By using our services, you authorize the export of PII to the USA and its storage and use by Vonage or its vendors, contractors and partners, anywhere in the world, as specified in this policy.

Questions

For common questions and answers regarding our privacy policy or to contact us, go to Privacy Policy: FAQs.

Effective Date

This Privacy Policy was last updated on August 1, 2011.

Terms of Service for the Vonage mobile app for Facebook^®

Vonage Mobile Service and Software Standard Terms and Conditions ("Terms and Conditions") and End User License Agreement ("EULA")

The Vonage Mobile service allows users to make and receive calls with other Vonage Mobile users over WiFi or a 3G network. In addition, users can use the Service to send and receive instant messages with any of their Facebook contacts who are logged into Facebook. To use the Service, you must have a compatible device with the Vonage Mobile application properly downloaded as well as a valid, active Facebook account. The Vonage Mobile service is not a replacement for your mobile or fixed line. Vonage Mobile does not support calls to any number outside of the Service and does not allow you to make emergency (911) calls. Communication through the Service may only be initiated from your contact list in the application, which will be populated only from your Facebook account with your Facebook friends.

Agreement

This Agreement is a Service Agreement. Please read it carefully before accepting it. These Terms and Conditions constitute the agreement between Novega Venture Partners, Inc. ("Vonage") and the user of Vonage Mobile service and other services provided by Vonage ("Service") and the user of the associated software required to enable you to use the Service ("Software"). By subscribing to or using the Service and downloading, installing or using the associated Software supplied by Vonage, you expressly agree to be bound by these Terms and Conditions and future amendments and additions to these Terms and Conditions as published from time to time at www.vonagemobile.com/fbapp/tos. Vonage is sometimes referred to as "we," "us," "our," or "Vonage" and the user is sometimes referred to as "you," "your," or "user," or "customer."

Calls to Emergency Services

The Service is not a replacement for your ordinary telephone service and you cannot make emergency (911) calls using the Service. However this does not prevent you using, if applicable, your mobile phone for making emergency calls via your cellular provider as normal. Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the Service.

Data Charges

All voice communications, instant messages, and any other communications and/or data sent using the Service over your carrier's 3G network will be charged at your carrier's data (kilobyte) charges pursuant to your particular data plan and customer agreement with your carrier. Please check with your carrier regarding data charges applicable to your account prior to using the Service over a 3G network. You also agree that you are solely responsible for the data charges that your wireless provider may charge for both sending and for receiving any communications or data using the Service while on the 3G network.

Access to the Service

You may only access the Service using authorized Software and authorized compatible devices identified on our website at www.vonagemobile.com/fbapp/help_center. It is your responsibility to check the list of devices on the website to ensure you download the correct software for your device. In addition to a compatible device, you must also have a valid, active Facebook account to use the Service. Vonage is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. Vonage reserves the right to terminate this Agreement should you be using the Vonage Service with software or a device that is not identified on the website as compatible.

Compliance with Applicable Laws

By entering into these Terms and Conditions you expressly confirm that you are legally entitled to enter this Agreement. Generally, all Vonage services and Software are available only to legal residents of the United States of America or Canada with a valid U.S. or Canadian address. However, the Vonage Mobile service and associated Software is available to all Facebook users worldwide. By entering into this Agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.

Account Setup

In order to use your Vonage Mobile account you must have a valid Facebook account, with an email address and valid password associated with it. After you have downloaded and installed the Vonage Mobile Software, you will have to register for the Service using your Facebook email address and password. Your email address will be our record of your usage of the Service. We use this email address to identify you, and to contact you, including regarding changes in our Terms and Conditions. Vonage is not liable for any rates or charges due to any third party service provider. You may change the Facebook account and/or email address associated with your account. While you may have more than one phone or device per account, you may not use the Service simultaneously on more than one phone or device per account.

Account Use

Your account is personal to you, and is not transferable. You are solely responsible for the use of the Services. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted even if an activity occurs without your permission. You agree to immediately notify Vonage of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. Vonage is not liable for any monetary loss or damages that may result from the loss or theft of your password.

Reasonable and Lawful Usage Only

You may use our Service, any features that are part of the Service and the Software only for lawful, proper and appropriate purposes. Furthermore, our Service and the Software is intended for personal, normal and reasonable use. The Service and Software is limited to use by Facebook members and other users expressly permitted by us. Commercial use, or use by other than by the individual subscriber of our Service and licensee of the Software is strictly prohibited. You may not use our Service, any Service features or the Software in any way that is illegal, improper, inappropriate, or unreasonably excessive. Unusual call patterns, excessive calls, numbers, call lengths and/or other excessive usage will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger a review or further action by us. If made available by us, features such as call forwarding and teleconferencing will also be considered outside of normal use if used excessively. If we deem your usage to be other than lawful, appropriate and normal use, we reserve the right to suspend or terminate your Service and your account, with or without prior notice. If we believe that you have used our Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, IP address(es), email address(es), and all other account information in response to law enforcement or other governmental requests; as required by law, regulation, rule, subpoena, search warrant or court order; as necessary to identify, contact or bring legal action against someone who may be misusing the Service; to protect Vonage's rights and property; or in emergency situations where disclosure of such information is necessary to protect Vonage customers or third parties from imminent harm.

Cancellation

To terminate the Service and disable the Software, you must remove the Software you have downloaded. Removal of the Software, however, does not relieve you of your prior liabilities and continuing obligations under this Agreement, as applicable.

Assignment of rights

You may not assign your rights under these Terms and Conditions unless expressly agreed by Vonage. Vonage's assignment rights are unrestricted.

Privacy

We take our customers' privacy seriously. Our Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. VoIP calls may be subject to interception by law enforcement agencies and bodies. Vonage is not liable for any lack of privacy which you may experience from using our Service. Please read our Privacy Policy for full details at www.vonagemobile.com/privacy.

Facebook

Although the Service is compatible with Facebook, the application utilizes your Facebook contacts, and certain notices will be sent to your Facebook account, neither Vonage nor the Service is in any way sponsored, endorsed or otherwise affiliated with Facebook. As a condition of using the Service, you are required to comply with, and are subject to, all Facebook policies, rules and regulations. Facebook is a registered trademark of Facebook Inc.

Notices

You acknowledge and agree that we will be sending you information regarding your Service, including via e-mail, over the Internet, and through the Software. If notices are sent by us to the last Facebook email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.

Changes to Service

Our Service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your Service terms (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on a relevant vonagemobile.com web page, your account page, in a newsletter, by e-mail, via the Software or other communication permitted under applicable law.

Our Right to Disconnect

We have the right to suspend or discontinue your access to the Service generally, or to disconnect your access to the Service, at any time, for any or no reason. By way of example, we reserve the right to immediately disconnect your access to the Service at any time without notice in the following circumstances:

• If we determine that you have used the Service, any Service features, or the Software for an unlawful or inappropriate purpose;
• If we determine that the use or content does not conform to the requirements in this Agreement or that it interferes with our ability to provide the Service to you or others;
• If applicable, if any charge to your payment method is declined or reversed or in the case of any other non-payment;
• If we determine that you have used the Service or the Software in violation of any laws or regulations; or
• If we determine that you have tampered with the Software.
• If we determine that your use of the Service or any Service feature exceeds personal, normal and reasonable usage.

Our action or inaction under this section does not constitute any review or approval of your action or use or content.

Use of Service by Customers Outside the United States

Even though the Vonage Mobile service is designed to be accessible by any Facebook member on a world-wide basis, the Service originates from, and is only supported in the United States. You will be solely responsible for any violations of local laws and regulations because of your use of our Service outside of the United States. Furthermore please be aware that your cellular carrier's data charges may change if you are using your cellular device outside of your local calling area.

No Alterations or Tampering

If you copy or alter or have someone else copy or alter the Software in any way that facilitates a compromise of your Service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our Service or make any use of our Service that is inconsistent with its intended purpose. You may not use or obtain our Service in any manner that avoids Vonage policies and procedures, including in an illegal or improper manner.

You have not been granted any license to use the Software we use to provide our Service or that we provide to you in providing our Service other than a nontransferable, revocable license to use the Software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms and Conditions and the End User License Agreement below. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the Software.

Monitoring

We may monitor the use of our Service for violations of these Terms and Conditions. We may remove or block all communications if we suspect a violation of these Terms and Conditions, or if we think it necessary in order to protect our service, or Vonage, its parent, affiliates, directors, officers, agents, and employees from harm.

No Warranty

YOU AGREE THAT OUR SERVICE IS PROVIDED "AS IS," EXCEPT TO THE EXTENT PROVIDED BELOW. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER VONAGE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO THE CUSTOMER FOR OUR SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF VONAGE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICE, IF ANY, BY VONAGE OR VONAGE 'S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

Disclaimer of Liability for Damages

In no event will Vonage, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to you in connection with our Service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the 911 dialing service, any other emergency dialing service (e.g. 999, 112) or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. Vonage is not responsible for any impact the Software may have on your device or any impact the download and install of the Software may have on your device. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Disclaimer of Third Party Actions and Control

Vonage does not and cannot control the quality of other parties' networks to which Vonage must interconnect. Therefore, Vonage disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.

Indemnification

You shall defend, indemnify, and hold harmless Vonage, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our Service, relating to our Service, including, without limitation, 911 Dialing or use of our Service by you or others using your account (whether or not such usage is expressly authorized by you).

Content

You are responsible for all costs, damages and other liabilities that may arise from the content transmitted to any person, whether or not you authorize it, using the Service. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our Service.

Account Information

You are responsible for all costs, damages and other liabilities that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the Service, or any portion thereof.

Governing Law

The law of the state of your residence will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision contained herein.

No Waiver of Rights.

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Vonage reserves all of its rights at law and equity to proceed against anyone who uses its Service illegally or improperly. All determinations by Vonage under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.

Survival

The provisions of this Agreement that by their sense and context are intended to survive shall survive the termination or expiration of this Agreement.

No Third Party Beneficiaries

If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any third party beneficiary rights.

Legal Age

You promise that you are of legal age to enter into this Agreement and that you have read and understand fully its terms and conditions.

Entire Agreement

These Terms and Conditions, including any future modifications to its terms, the End-user License Agreement (below) and the rates for services found on our web site constitute the entire agreement between you and Vonage. This Agreement governs your use of our service as well as the use of our Service others you allow to utilize the Service. This Agreement supersedes any prior agreements between you and Vonage. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

Severability

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

Arbitration

Vonage and you agree to arbitrate any and all disputes and claims between you and Vonage. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This Agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and Vonage, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this Agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "Vonage," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this Agreement or any prior agreements between you and Vonage.

Informal Resolution of Disputes

Our Customer Care department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the Vonage customer care department by email at customercare@vonagemobile.com. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.

Formal Notice of Disputes

A party who intends to seek arbitration must first send to the other party a written Notice of Dispute. A Notice of Dispute to Vonage must be sent to Vonage by certified mail addressed to: Novega Venture Partners, Inc., Attn: Legal Department, 23 Main Street, Holmdel, NJ 07733. A Notice of Dispute to you must be sent to you by email addressed to you at the last email address or by certified mail at the last mailing address that you registered with Vonage. The Notice of Dispute must describe the nature and basis of the dispute or claim and set for the specific relief sought.

If you and Vonage do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or Vonage may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase. The amount of any settlement offer made by you or Vonage shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Vonage is entitled.

Arbitrator and Arbitral Rules

The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org., or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Location and Procedure of Arbitration

Unless you and Vonage mutually agree otherwise, all hearings conducted as part of the arbitration shall take place at a location, convenient to you, in the county or parish of your billing address. If your claim is for $10,000 or less, you or Vonage may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.

Fees and Costs.

If you cannot afford it, Vonage will advance all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in Vonage 's favor, you shall reimburse Vonage for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse Vonage for any of the fees and costs advanced by Vonage. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, Vonage shall pay all fees and costs which it is required by law to pay.

Waiver of Jury Trial

You and Vonage agree that, by entering into this Agreement, you and Vonage are waiving the right to a trial by jury.

Waiver of Class Actions

You and Vonage agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Vonage agree that you and Vonage may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and Vonage agree that, unless you and Vonage agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any provision in this Agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.

Statute of Limitations

You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes addressed above), or you waive the right to pursue a claim based upon such event, facts, or dispute.

Exceptions to Arbitration Agreement

You and we agree:

• you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
• if you fail to timely pay amounts due, including for the costs of arbitration, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement;
• you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction
• any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
• either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or Vonage, pending the completion of arbitration.

Modification of Arbitration Provision

Despite any provision in this Agreement to the contrary, if Vonage makes any substantive change to this arbitration provision, you may reject any such change and require Vonage to adhere to the language in this provision.

Changes to Terms and Conditions

We may change these Terms and Conditions from time to time. Downloading upgrades to the Software may result in the requirement that you agree to the Terms of Services which terms may have been changed or updated. By agreeing to these Terms and Conditions, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Vonage, including changes to these Terms and Conditions. We may give you notice of a change on the vonagemobile.com home page, on your account page, invoice (if applicable), in a newsletter, by e-mail, or, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the Service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your Service immediately. When posted, these Terms and Conditions supersede all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of Vonage services. If you continue to use our service, we will consider this your acceptance of any changes.

You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our Service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.

Intellectual Property

Our Vonage Mobile application, website content, other Vonage materials, services, logos, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. Infringement by you may result in civil or criminal prosecution.

Third parties may make materials available using our service. These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our Service infringe a copyright, you should give us written notice.

Force Majeure

Vonage will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

END USER LICENSE AGREEMENT

A list of all compatible devices can be found at www.vonagemobile.com/. For all compatible devices, by clicking OK or otherwise installing, downloading, copying or using this Software (sometimes referred to as "licensed Application"), You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) is a legal agreement between you the end user, and Novega Venture Partners, Inc. (Vonage). If you do not agree to these terms then you may not use or install the Software. You agree that the only parties to this EULA are you and Vonage and that Vonage is solely responsible to you for this Software. If you do not agree to these terms then you may not use or install the Software. For iPhone and iPod touch devices, you acknowledge and agree that Apple is not a party to this EULA and is therefore not responsible for the licensed Application and its content.

YOU ACKNOWLEDGE THAT THIS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING THE VONAGE MOBILE SERVICE. YOU CAN CONTINUE TO USE YOUR MOBILE PHONE FOR MAKING EMERGENCY CALLS VIA YOUR CELLULAR PROVIDER AS NORMAL.

The licensed Application makes use of data, information and services on your device, including, but not limited to Phonebook; local connectivity (WLAN and Bluetooth); settings, such as SIP profiles and WLAN access points; text messaging Inbox and Outbox; and call log.

This Software is intended for use only with the Vonage Mobile service. When activated, this Licensed Application may re-direct phone call and message data made from your handset over a local WLAN connection which in turn may direct voice and message through the Internet in an unencrypted form. In order to use the Licensed Application, have an active Facebook account, sign up for a Vonage Mobile account and agree to the Terms and Conditions of Service.

Software License

Subject to the terms of this EULA, Vonage grants you a limited, non-exclusive, non-sub-licensable, non-assignable, non-transferable license to use and install one copy of the Software on only one device (or as expressly outlined by Vonage from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by Vonage from time to time. You may not use the Software in any way that could damage the Vonage Mobile service or other services. You may not use this Software to create unlawful, obscene, malicious or scandalous works. For Apple iPad, iPhone and iPod touch devices, you are limited to use the Licensed Application on any iPad, iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. For Android compatible devices you are limited to use the Licensed Application on any device which supports the Android platform that you own or control and as permitted by the Android Market Terms of Service.

Ownership

This license gives you a limited license to use the Software. Vonage retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof. You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software. You and Vonage acknowledge that in the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Vonage will be solely responsible for the investigation, defense and settlement of such claim.

No Selling

This agreement is a personal agreement between you and Vonage. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS. VONAGE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSE OR RESULTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SOFTWARE IS SUPPLIED TO YOU FREE OF CHARGE.

Liability

THIS SOFTWARE IS NOT INTENDED FOR USE WITH THE EMERGENCY SERVICES. IN NO EVENT SHALL VONAGE, ITS PARENT OR AFFILIATED COMPANIES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OR COSTS WHATSOEVER EXPERIENCED BY YOU OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE, MISUSE OR INABILITY TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

For iPad, iPhone and iPod touch devices, you are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA. Apple has no obligation to furnish any maintenance or support services with respect to this Software. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the Software, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In the event of any third party claim that the Software or your possession and use of the Software infringes on any third party's intellectual property rights, Vonage, not Apple, shall be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge that Google or any third party which makes the Software available through the Android platform has no liability for the Software, including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of Software.

Termination

We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Vonage reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by you shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA you hereby give permission to Vonage to remotely disable your ability to use the Software.

Indemnity

You shall be liable for all costs and losses incurred by Vonage as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, any use or misuse of the Software, or any communications spread by means of the Software.

Jurisdiction

You must represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties. This EULA is governed by the laws of the State of New York. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect. You are responsible for compliance with any applicable laws and regulations.

Third Party Beneficiary

For iPad, iPhone and iPod touch devices, You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

Contact Information

Please direct any questions, complaints or claims related to the licensed Application to:

Novega Venture Partners, Inc.
23 Main Street
Holmdel, NJ 07733
CustomerCare@vonagemobile.com