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COA NETWORK  EULA 2.5

IMPORTANT - PLEASE READ THIS ENTIRE AGREEMENT. YOU ARE AGREEING TO ARBITRATE ALL CLAIMS AND NOT TO PARTICIPATE IN ANY CLASS ACTIONS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

This Agreement is for the use of the web applications, email applications, software applications, telephone, conferencing, SMS text messaging, and/or fax application services ("Service") as provided by COA Network’s equipment and network ("System"). Service is provided to the person, as indicated in application for service ("Customer"), by COA Network, Inc. Customer must read, understand and agree to the terms and conditions below, collectively the ("Agreement"), before using the Service or using any software, documentation, or related materials provided to Customer by COA Network (by download web access, phone access, or otherwise) in connection with the Service. This Agreement constitutes the entire agreement between the parties and details the Customer rights and obligations as a COA Network Customer. COA Network and Customer agree to abide by the terms of this agreement.  

THE PERSON WHO HAS PURCHASED THE SUBSCRIPTION FOR THIS SERVICE (THE "CUSTOMER") MUST CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT BEFORE CONSENTING BY CLICKING "I ACCEPT" BELOW OR SUBSCRIBING TO THE SERVICE INDICATES CUSTOMER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

ANY QUESTIONS CONCERNING THIS AGREEMENT SHOULD BE REFERRED TO CustomerCare@COANetwork.com

1. USE OF THE SERVICE 

(a) Customer understands these terms and COA Network’s Privacy Policy govern all use of Customer account by Customer or anyone who uses Customer’s account.  There may be additional terms and conditions if Customer uses affiliate services, other COA Network products, services or third-party software and/or services. To access the COA Network Service, Customer must accept and observe the terms of this Agreement. Customer assumes sole responsibility for use of the Service, the System and the Content (as defined below) in connection with the Customer account.

(b) Customer using any COA Network service to collect visitor data and/or personally identifiable information agrees to limit its use in accordance with COA Network’s Privacy Policy.

(c) COA Network will not execute an Agreement with anyone under the age of 18.  Persons under age 18 may not use the Service without the consent and supervision of their parent or legal guardian. If Customer chooses to permit a minor to use the Service, Customer agrees to (i) supervise minor's use of COA Network Services and System, (ii) assume all risks associated with the minor's viewing of content received through use of COA Network Services and System and the minor's transmission of materials, content, or information to any other person(s), (iii) assume any and all liabilities, including payment for services, resulting from the minor's use of COA Network Services as specified in this Agreement.

2. LIMITED SERVICE
(a) No Access to Emergency Services. There are important differences between traditional telephone services and telephone-related services provided by COA Network (including, but not limited to, iTeleCenter). COA Network is not required to offer access to Emergency Services under any applicable local or national rules, regulations, or law. COA Network’s software and services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). You acknowledge and agree that: (i) it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and (ii) COA Network's telephone-related services are not a replacement for your primary telephone service.

(b) COA Network hereby grants to Customer, and Customer accepts from COA Network, a personal, non transferable and non-exclusive license to access and use COA Network’s Service and related applications and documentation including all updates, upgrades and new versions, subject to and in accordance with the terms, conditions and limitations of this Agreement.

(c) This license does not constitute a sale, nor does it pass to Customer any title to or any proprietary rights in the Service or System.  Customer shall not acquire any right or interest in the Service or System as a result of any changes to, modifications of or additions to the Service made by COA Network or Customer.

(d) Customer agrees to use the Service hereunder only in connection with their own business, and will not, without the express written permission of COA Network, sell, lease, or otherwise provide or make available the Service to any third party. For purposes of the foregoing, the definition of Customer shall include employees and family members of the Customer. 

(e) COA Network or a third-party affiliate may provide Customer with certain software by download ("Software"), for use with the Service. COA Network grants to Customer a non-exclusive, limited license to use COA Network or affiliate’s Software. Customer may not sub-license or charge others to use or access the Software without specifically expressed, written permission from COA Network. Customer may not modify the Software or use it in any way not expressly authorized by this Agreement. Except where expressly permitted by law, Customer may not translate, reverse-engineer, reverse-compile, decompile, disassemble or make derivative works from the Software. All rights, title and interest to the Software, including any adaptations or copies thereof and including any associated intellectual property rights, are owned by and shall remain with COA Network and any third-party affiliate, when applicable. This license does not convey to Customer an interest in or to the Software, but only a limited right to use the Software in accordance with the terms of this Agreement. 

(f) Customer acknowledges that the Service and System, including all documentation, logos, voice prompts, screens, formats, Toll Free and Local Phone Numbers, Universal Resource Libraries (URL’s), Domains and email addresses used in connection therewith, are the exclusive proprietary property of COA Network unless identified as otherwise in writing by the parties.

(g) Should Customer decide to transmit any materials or other information via the Service (including but not limited to any ideas, concepts or techniques), whether as information, feedback, data, questions, comments, suggestions or the like, Customer agrees that such submissions are unrestricted and shall be deemed non-confidential. To the extent such materials or information are submitted to COA Network or posted on a site controlled by COA Network, Customer automatically grants COA Network and assigns a non-exclusive, royalty-free, worldwide, irrevocable license to use, copy, transmit, distribute, create derivative works of, display and perform the same. 

(h) The obligations of this paragraph shall survive termination of this Agreement. Customer understands that the material unauthorized publication or material disclosure of the Service or any related documentation, or the material unauthorized use of the Service would cause irreparable harm to COA Network for which there is no adequate remedy at law. Customer therefore agrees that in the event of such unauthorized disclosure or use, COA Network may, at its discretion and at Customer expense, terminate this Agreement, obtain immediate injunctive relief in a court of competent jurisdiction, or take such other steps as it deems necessary to protect its rights. If COA Network, in its reasonable, good faith judgment, determines that there is a material risk of such unauthorized disclosure or use, it may demand immediate assurances, satisfactory to COA Network, that there will be no such unauthorized disclosure or use. In the absence of such assurance, COA Network may take such steps as it deems necessary and may, in addition, terminate this Agreement. The rights of COA Network hereunder are in addition to any other remedies provided by law.

3. OWNERSHIP OF NUMBERS
(a) Customer acknowledges that COA Network is the rightful owner of all Toll Free and Local Phone, Conference and/or Personal Identification (PIN) Numbers assigned to Customer by COA Network unless the number has been ported to COA Network by the Customer at activation of Service, in which case the Customer retains ownership of the number.  COA Network will assign Customer Number(s) as applicable.  Customer agrees and acknowledges that COA Network will reclaim and reissue numbers owned by COA Network after termination of Customer’s Service unless the Customer chooses to move the number to another provider within 30 days of cancellation of Service with COA Network, provided the Customer’s account is not delinquent or past due, and no monies is owed to COA Network by the customer.

(b) Customer understands and agrees that COA Network may from time to time need to change the Toll Free, Local Phone, Conference and/or PIN Numbers.  Customer agrees that such changes are beyond COA Network’s control and will not result in the refund of fees charged to customer.  In addition COA Network shall not be responsible for any costs incurred by Customer as result of and change of numbers.  Such changes may be caused by factors including, but not limited to, area code splits, area code retirement and replacement, etc.

(c) Customer may bring a Toll Free Number to COA Network for use with the Service. Customer acknowledges that moving a Toll Free Number to COA Network shall require the use a RESPORG form or ROC Request.  Customer shall contact COA Network’s Customer Service Department to obtain the proper RESPORG form or execute the ROC Request.  Customer acknowledges responsibility to properly fill out the provided RESPORG form and return the form to COA Network’s Customer Service.

(d) In the event of cancellation, Customer may request to retain the Toll Free number assigned to them by contacting COA Network’s Customer Service Department, at the time of termination.  Customer agrees that any account balance shall be due immediately for release.  COA Network shall release the Toll Free Number, with no fee. Customer acknowledges that moving a Toll Free Number from COA Network shall require the use a RESPORG form or ROC Request and the completion of the form is the responsibility of the Customer and the Company that the Customer chooses to move the number to.  Customer also acknowledges that COA Network has no responsibility for the RESPORG process once COA Network agrees to release the Toll Free Number.

(e) Customer acknowledges that the transfer of numbers and the RESPORG process may take an extended amount of time and that COA Network does not control the time frame involved in any transfer.

(f) COA Network reserves the right to reject RESPORG requests where allowed by applicable laws and regulations when COA Network deems such a rejection is warranted; including but not limited to termination of Customer’s Service for violations of this agreement, termination due to delinquency, outstanding fees at the time of termination, or when the Toll Free Number has been provided by COA Network and COA Network determines there is a lack of available Toll Free Number inventory.

4. STORAGE and CONTENT
(a) File Storage:  The amount of storage space per account is limited. COA Network reserves the right to delete messages that remain in Customer Inbox for 60 days or longer without notice. In addition COA Network reserves the right to limit the storage utilized by Customer for audio, video, PDF and other content.  If the Customer has the Service suspended or terminated either as a direct request or by COA Network, Customer will not be able to access any messages through the Service. 

(b) Content:  COA Network does not assume any responsibility or liability for any content accessible through the Service. COA Network DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, THE SOFTWARE OR THE CONTENT. COA Network SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CUSTOMER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

5. RECORDING 
(a) Customer understands the laws regarding the notice and notification requirements of such recorded conversations vary from state to state.  Where COA Network provides a function that allows Customer to record individual telephone conversations, Customer shall be solely responsible for complying with all federal, state and local laws in the relevant jurisdiction where Customer is using this feature. 

(b) COA Network expressly disclaims any and all liability with respect to recording of telephone conversations. Customer hereby releases and agrees to hold harmless COA Network, Inc from and against any damages or liabilities of any kind related to the recording of any telephone conversations using the Service.

6. SPAM POLICY
(a) COA Network Service(s) and Customer authorization to use the COA Network email Service does not allow Customer to send unsolicited bulk email or to cause unsolicited bulk email to be sent by someone else.  An email is considered spam if it has been sent to an address that has not directly requested correspondence.  

(b) An email is still considered spam if the address is purchased from an "opt-in" list or any other type of list other than from an approved lead vendor. 

(c) Customer shall not send spam via the Service or send spam that in any way implicates COA Network Service(s) by including a website or email domain that is hosted by COA Network. This includes mentioning/utilizing any COA Network-hosted email address or web address in any bulk email message, whether sent from COA Network’s systems or any others.  If you are not sure if your website or email is hosted by COA Network, please contact CustomerCare@COANetwork.com.

(d) Any person found to be using COA Network’s service or system in violation of COA Network’s anti-spam policy may face any or all of the following: Violators account will be terminated immediately without refund and notice; A claim of any resulting damages filed in a court of law; A complaint reported to the violator’s internet service provider (ISP); A complaint reported to other proper authorities to take action as allowed by law. If you need to report a spam offender that you believe to be using COA Network’s services to initiate or distribute unsolicited messages, please send a complaint to: CustomerCare@COANetwork.com.

(e)  Promoting Your Site on FFA (Free for All) sites is NOT allowed. FFA sites (Free for All) sites and similar programs have a HIGH RISK of generating Spam complaints because of the nature of that type of program. Advertising on FFA sites is not permitted for promoting any COA Network website, related website, and/or services. Any complaints generated from advertising with FFA programs will be treated as Spam.

7. FAX AND TEXT BROADCASTING 
(a) Federal law prohibits the sending of fax documents and SMS text messages to any person or company without their prior consent. Under current law, the recipient of an unsolicited fax or SMS text message can collect the greater of $500 or actual damages for each unsolicited fax or SMS text message, and/or obtain an injunction against the violator and COA Network.  

(b) COA Network does not condone, promote, support, or approve of the sending of unsolicited faxes and SMS text messages. Customer assumes full responsibility for complying with all applicable laws governing the transmission of fax documents and SMS text messages when using the Service, and indemnifies COA Network from same to full extent allowed by law.  Upon confirmation of an instance where COA Network’s Service was used to send unsolicited faxes or SMS text messages, Customer’s account may be suspended or terminated permanently at COA Network's sole discretion. COA Network is not responsible for reimbursement of monthly or annual fees, money spent on advertising, or potential loss of revenue due to suspension or cancellation of Customer’s account pursuant to a violation of this policy.

8.  ACCESS TO COMPANY DATA 
(a) During the Term hereof and subject to the other terms and conditions of this Agreement, Company grants to Customer a non-transferable, revocable, limited license to use Company Data in the United States for the purpose of contacting a potential consumer. "Company Data" shall mean the contact information for a potential customer, which may include data elements, select criteria, record layouts and formats, individual identity, contact information, and associated permission standards captured, generated, licensed, or owned by Company or its licensors and/or affiliates.

(b) Customer shall maintain thorough and accurate records relating to usage of the Company Data. Customer agrees that Company, or any designee of Company, shall have the right, at Company's sole cost and expense, to audit and/or copy these records and any source documents used in the preparation thereof during normal business hours upon written notice at least five (5) business days before the commencement of the audit. If the audit reveals a breach of this Agreement, Customer shall immediately compensate Company for all of its costs and expenses related to such audit. This remedy shall not preclude Company from pursuing other remedies available by law or this Agreement.

(c) Customer agrees to use Company Data in a manner that strictly complies with the terms of this Agreement and all applicable legal requirements. This includes without limitation the Telemarketing Sales Rule, CAN SPAM Act of 2003, and all other United States federal and state laws that regulate telemarketing and e-mail marketing, including marketing to minors, as well as the applicable laws of the jurisdictions in which Customer uses the Company Data, laws that require encryption of personal information,  laws that require the use of adequate or reasonable security precautions for personal information, and the applicable personal information import/export laws. The said laws shall collectively be hereinafter referred to as "Applicable Law."

(d) Company does not guarantee that the Company Data provided pursuant to the terms of this Agreement will generate revenue. Company does not guarantee that the individuals identified in the Company Data can be contacted or that the Company Data, or portions of it, are not otherwise available from another source separate from Company. Company makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the individuals identified in the Company Data. Company exercises no control over, and accepts no responsibility for, the acts and/or omissions of the individuals identified in the Company Data. Company makes no representation regarding whether the use by Customer or its customers of the Company Data is lawful or authorized pursuant to any applicable law, including without limitation the United States Federal Trade Commission's and Federal Communications Commission's Telemarketing Sales Rules (also known as the "Do Not Call Registry"). Except as otherwise expressly set forth in this Agreement, the Customer hereby agrees that the Company Data is provided on an "as is, as available" basis. 

9. CUSTOMER CONDUCT 
(a) Customer agrees not to host, post or promote any website which advocates, encourages, endorses, or makes possible any form of, pornography, gambling, pyramid schemes, illegal testimonials, or any type of business opportunity that is unethical, illegal or otherwise objectionable program whatsoever. Customer agrees not to post or promote any copyrighted materials.   

(b) COA Network reserves the sole right to ban ANY business opportunity from being promoted through the Service.

(c) Customer shall not use Service to email harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material.

(d) Service shall not be used to distribute material of any nature which could be deemed to be offensive, and the emailing of age inappropriate communications or content to anyone under the age of 18.

10. FEES AND CHARGES 
(a) Customer shall remit to COA Network all setup fees and first month’s service fee prior to the use of the system by the Customer when applicable. In the event that the customer cannot provide a valid credit card or bank check account and routing number, the Customer will be required to provide COA Network an additional fifty dollar ($50) deposit.  In the event the Customer cannot provide a secure means of payment, an additional deposit fee will be required.  Customer agrees that any requested upgrades and downgrades will take effect in the Customer’s next billing cycle.

(b) COA Network may provide a promotional Flat Rate option package to groups or individuals.  COA Network’s flat rate plan provides a maximum of 5,000 minutes per month.  Additional above the maximum shall be billed in accordance with Customer’s per minute plan rate.  In such cases where a Flat Rate option package is offered, COA Network reserves the right to modify rates for use of the System at any time. All flat rates are based upon average utilization, and are subject to change. In the case of any change, notification will be made in accordance with this agreement. COA Network reserves the right to cancel or modify the Flat Rate option package or any individual parts of the Flat Rate option package at any time.  

(c) All fees for Service advertised or otherwise listed on the Website are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively "Taxes and Fees"). The Customer agrees to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Service which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Service by COA Network whether or not mandated by law or regulation. Should COA Network pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), the Customer agrees that COA Network may charge the Customer’s credit card on file for such payments upon receipt of an invoice and showing of indebtedness to COA Network.

(d) COA Network will perform billing at the beginning of each billing cycle.  Service fees will be included for the new billing period and any applicable usage charges will be included from the previous billing period. Billing cycles shall correspond with the date the service was established.  Charges will be automatically billed on the payment method listed on the account.  In the event that the charges cannot be processed on the payment method, COA Network shall attempt to contact Customer by phone, SMS/text, letter, electronic mail or any other available communication method. Customer acknowledges responsibility to contact COA Network with alternate means of payment, immediately upon receipt of notification, to keep account current. 

(e) In the event charges cannot be processed against the payment method listed on the account and Customer fails to remit payment within the twenty five (25) day period, COA Network reserves the right to lock or disconnect Service to Customer and access to the System.  Customer will thereafter be required to remit any delinquent moneys owing to COA Network prior to reinstatement on the System.

(f) Customer agrees to pay a thirty-six dollar ($36.00) fee on all declined and returned check payments. If the check is returned due to Non Sufficient Funds (NSF) and Customer requests for the check to be re-deposited, Customer agrees to pay an additional fee of five dollars ($5.00).

(g) In addition to COA Network’s other charges and remedies provided herein, Customer shall pay a late fee of ten dollars ($10.00) on any payment not received by COA Network by the Invoice due date.

(h) Customer agrees to pay a three dollar ($3.00) service fee for each payment made through ACH system.

(i) Customer agrees to pay a two dollars and fifty cents ($2.50) recurring, monthly fee for each month that the Customer requests COA Network to provide a printed invoice via mail. 

(j) Customer agrees to authorize charges on the payment method listed on the account for any charges owed after Service(s) are terminated.  

(k) COA Network may provide access to third-party vendors, who provide Software, content, goods and/or services.  COA Network is not responsible for any separate charges or obligations Customer may incur in relation with third parties. 

(l) All charges for use of the System shall be in accordance with COA Network’s then-effective rate schedule.  COA Network reserves the right to change Customer COA Network Service packages, fees, surcharges, monthly account fees or to institute new fees at any time upon thirty (30) days prior notice.  

(m) COA Network reserves the right to bill any past due amounts at any time.  In the event of a default, COA Network shall be entitled to court costs and 20% of the judgment for attorney and collection fees.  

11. CREDITS and INCENTIVES
(a) Any credits, bonus minutes and/or other promotional incentives have no monetary value. 

(b) Customer acknowledges that all credits, bonus minutes and other promotional incentives are exclusive to Customer and the account assigned and may not be sold, transferred, assigned or used by another Customer or with another account.

(c) Customers who are subscribed to packages belonging to the Refer 3 program will receive a credit for the monthly package fee of the participating package if they have a minimum of three Active Referrals who are on the same priced or higher priced package as the Customer. Referrals must not have a past-due amount owed on their account at the time of Customer’s invoice date and must be paying customers (maintaining their account beyond the free trial period) in order to be considered an Active Referral.   

12. WARRANTY DISCLAIMER 
(a) Liability Limitations:  THE GOODS AND SERVICES PROVIDED BY COA Network ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; AND 3); NON INFRINGEMENT.  CUSTOMER AGREES THAT ANY EFFORTS BY COA NETWORK TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.  CUSTOMER FURTHER AGREES THAT COA NETWORK SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.  MODIFICATIONS MADE TO THE SERVICE BY CUSTOMER OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES.  

(b) COA Network is not Liable for Delays or Defaults.  COA Network shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of COA Network are due but not limited to any of the following (each a “Force Majeure”): (i) Acts of God or of a public enemy; (ii) Acts of war, terrorism, hostilities, riot or other civil disturbance; (iii) Acts of the United States or any state or political subdivision thereof; (iv) Fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes; and only where COA Network has provided for reasonably adequate off-site storage; (v) Embargoes, epidemics or quarantine restrictions; (vi) Shortage of goods, labor strikes, slowdowns, or organized labor stoppages of any kind; (vii) Delays of supplier or delay of transportation for any reason; (viii) Causes beyond the reasonable control of COA Network in furnishing items or services including, but not limited to, breakdown or failure of properly installed and maintained machinery or equipment, or material delay in Customer reporting problems or furnishing information or materials.  

(c) Acceptance of delivery of goods or services, in accordance with this agreement, shall constitute a waiver and release of COA Network by Customer for any claim for damages, setoff, discount or other liability on account of delay. 

(d) It is the responsibility of Customer to confirm that a Toll Free Number, Local Number or Vanity Number is in service and active on COA Network’s system prior to advertising said number. COA Network is not responsible for reimbursement of monthly fees, advertising costs, or potential loss of revenue due to any reason including the number not being active on COA Network’s system.

(e) CUSTOMER EXPRESSLY AGREES THAT THE USE OF THE SERVICE, THE SOFTWARE, THE CONTENT, AND THE INTERNET IS AT CUSTOMER’S SOLE RISK. THE SERVICE, THE SOFTWARE, THE CONTENT, ANY PROVIDED THIRD PARTY VIRUS CHECKING TECHNOLOGY, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR CUSTOMER USE. THEY ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COA NETWORK DOES NOT GUARANTEE THAT CUSTOMER WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL. This disclaimer shall not apply to the extent that it is not permitted by law. 

13. DAMAGES LIMITATION 
(a) IN NO CASE SHALL COA NETWORK BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR THIRD-PARTY DAMAGES, EVEN IF COA NETWORK OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

(b) The rights of COA Network under this Agreement are not in lieu of any other remedies provided by law or in equity. In addition, Customer shall be liable for all of COA Network’s costs and 20% of the judgment for attorney’s fees in connection with the pursuit by COA Network of any remedy provided or permitted by this Agreement, unless otherwise specified.

(c) The subscriber waives a trial by jury in any action brought by either party relative to the Service(s) or this agreement.

(d) Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions where the above limitations may not apply to Customer, in such situations, COA Network’s liability shall be limited to the extent permitted by law. 

(e) COA Network is not responsible for reimbursement of any money spent on advertising, potential loss of sales, set-up fees, on-going monthly service fees, annual service fees, or any other monetary losses if the account of the Customer is suspended or terminated.

(f) Customer agrees that the cancellation of Customer account is Customer’s sole right and remedy with respect to any dispute with COA Network. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or COA Network enforcement or application of this Agreement; (2) any policy or practice of COA Network Service, including the COA Network Service Privacy Policy, or COA Network Service enforcement or application of these policies; (3) the content available through COA Network Service or any change in content provided through COA Network Service; (4) Customer ability to access and/or use COA Network Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, surcharges, applicable taxes, or billing methods. 


14. INDEMNIFICATION 
Upon request by COA Network, Customer agrees to defend, indemnify and hold harmless COA Network, and its affiliated subsidiaries, employees, contractors, officers, directors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from: (i) a breach of this Agreement for which Customer is responsible; or (ii) from the use of the Service, the Software, the Content or (iii) in connection with Customer transmission of any materials or other information on the Service. COA Network reserves the right, at COA Network's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Customer. 

15. TERM, TERMINATION AND CANCELLATION 
The Term of this Agreement shall begin upon acceptance of its terms by Customer and/or by Customer subscribing to the Service, and shall continue until terminated. Either Customer or COA Network may terminate Customer Service at any time. Customer is responsible for contacting COA Network to confirm that Customer account has been terminated. Customer is responsible for any charges incurred during the current month of service or to third-party vendors or content providers prior to Customer cancellation. Customer acknowledges that COA Network reserves the right to collect any and all past due fees associated with Customer account from the date Service to Customer was established through the date of termination. 

16. CHANGES TO THIS AGREEMENT 
Customer agrees that by subscribing to COA Network’s Service, COA Network may change the terms of this Agreement at any time.  COA Network will provide access to this Agreement via a link in the Back Office where Customer accesses COA Network’s Service.  It will include any material changes or revisions to this Agreement.  If Customer does not agree to the changes made by COA Network to this Agreement, or any COA Network Policy, the only remedy the Customer has is to terminate Service with COA Network.  

17. COMMUNICATIONS
COA Network may send a message to alert or request communication with Customer regarding but not limited to; Information regarding COA Network Services, EULA changes, billing, collections, promotions, information regarding new plans, features and services.  Customer agrees to permit COA Network to send Customer such messages.  Communications may appear, but are not limited to, any of the following forms: voice mail, email, postal letter or telephone call.

18. COMPLIANCE WITH LAWS 
Customer conduct may be subject to local, state, national, and international laws. Customer agrees to abide by all laws that are applicable to use of the Service, Software and Content by the Customer. Customer agrees to refrain from all fraudulent, improper or illegal use of the Internet, including infringement of any copyright or trademark, unauthorized copying or transmission of software. In addition, Customer agrees to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. Customer further agrees not to upload to COA Network’s network any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Afghanistan, Sudan and Syria from gaining access to certain content on COA Network Service. 

19. TRADEMARKS 
COA Network, its products and services are trademarked by COA Network, Inc.  No right, license or interest to such trademarks is granted to Customer hereunder, and Customer agrees that no right, license or interest shall be asserted by Customer with respect to such trademarks. 

20. APPLICABLE LAW AND VENUE 
The laws of the State of New Jersey, excluding its conflicts-of-law rules, govern this Agreement and all Service to the Customer. Customer expressly agrees that exclusive jurisdiction for any claim or dispute with COA Network or relating in any way to Customer Account or Customer use of COA Network Service(s) resides in the courts of New Jersey and Customer further agrees and expressly consents to the exercise of personal jurisdiction in the courts of New Jersey in connection with any such dispute including any claim involving COA Network or its affiliates, subsidiaries, employees, contractors, officers, directors and content providers. 

21. GENERAL PROVISIONS 
This Agreement represents Customer’s entire agreement with COA Network. Customer agrees that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. Customer also understands and agrees that this Agreement and the COA Network Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. COA Network’s rights under this Agreement may not be waived unless contained in writing signed by an authorized representative of COA Network. If either party brings any action related to this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 

22. GDPR COMPLIANCE
This affects our customers from the European Union (“EU”) and the European Economic Area (“EEA”).  Information that we collect may be processed, transferred to, and stored at, a destination outside the EEA in and between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

If you are in the EU, information which you provide may be transferred to countries (including the United States), which do not have data protection laws equivalent to those in force in the European Union. You expressly agree to such transfers. These transfers are used for the purpose of providing you with exemplary service according to the information use cases outlined in this Privacy Policy.

It may also be processed by staff operating outside the EEA who work for us, or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.

Last Updated 02/25/2021
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