TERMS OF USE PLEASE READ THESE TERMS AND CONDITIONS OF
SERVICE BEFORE USING THIS SITE
By continuing to access or use this site or any service
on this site, you signify your acceptance of these terms and conditions of
service. From time to time, CallPakistanDirect may modify these terms and
conditions. Accordingly, please continue to review these terms and conditions
of service whenever accessing or using this site. Your use of the site, or any
service on this site, after the posting of modifications to these terms and
conditions of service will constitute your acceptance of the terms and
conditions of service, as modified. If, at any time, you do not wish to accept
the terms and conditions of service, you may not use the site. Any terms and
conditions proposed by you which are in addition to or which conflict with
these terms and conditions of service are expressly rejected by
CallPakistanDirect and shall be of no force or effect.
NOTE
: * 911 is not available yet, so it's recommended that our local number should
be used as long distance device. * Although the prices are final but any
changes could be made without any prior notice depending on the circumstances.
* Every thing is prepaid, so consumers are supposed to pay before they get any
product and service. * All the devices and equipments are under the
manufacturer's warranties and we assume no responsibility for any damage made
to the equipments either deliberately or accidentally.
NOTE : It is
important to know that Call Pakistan Direct calling plans has to be used for
one month minimum, no refunds or cancellation will be issued prior to one month
once customer/buyer starts using the service. A Pakistan Phone Number (DID)
will be assigned to you (customer) for one month minimum.
1. User Consent to Terms and Conditions of Service You
represent that you have read and agree to be bound by the terms and conditions
of service ("TOS") for CallPakistanDirect. You further agree: (a) to comply
with U.S. law regarding the transmission of any data obtained from the Service
(as defined herein) in accordance with the TOS, (b) not to use the Service for
illegal purposes, and (c) not to interfere or disrupt networks connected to the
Service. You further agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by registration forms; and (b) to
maintain and update this information to keep it true, accurate, current, and
complete. If any information provided by you is untrue, inaccurate, not current
or incomplete, CallPakistanDirect retains the right to terminate your account
and refuse any and all current or future use of the services.
2. Intellectual Property This Web site, including but
not limited to text, content, photographs, video, audio and graphics (the
"Service"), is protected by copyrights, trademarks, service marks,
international treaties and/or other proprietary rights and laws of the U.S. and
other countries. The Service is also protected as a collective work or
compilation under U.S. copyright and other laws and treaties. All individual
articles, columns and other elements making up the Service are also copyrighted
works. You agree to abide by all applicable copyright and other laws, as well
as any additional copyright notices or restrictions contained in the Service.
3. Restrictions on Use You may not use the Service for
any illegal purpose or in any manner inconsistent with the TOS. The content you
distribute or request to receive (directly or indirectly) through membership
access, any products and services you may choose to offer (if permitted to do
so), and any username you select: (a) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (b) shall not violate any law or regulation
(including without limitation those governing export control, unfair
competition, anti-discrimination or false advertising); (c) shall not be
defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d)
shall not be obscene or contain child pornography; or (e) shall not contain any
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information. You may not distribute unsolicited commercial messages
("spam") through your use of services provided by CallPakistanDirect or take
any other action, which imposes an unreasonable or disproportionately large
load on our infrastructure, including without limitation, using excessive
network bandwidth. In addition, you may not distribute spam that directs or
encourages users to visit our Website through the account of another provider.
At our option and without further notice, CallPakistanDirect may use anti-spam
technologies that may terminate your messages without delivering them or
prevent messages from reaching you. You agree to use the Service solely for
your own noncommercial use and benefit, and not for resale or other transfer or
disposition to, or use by or for the benefit of, any other person or entity.
You agree not to use, transfer, distribute or dispose of any information
contained in the Service in any manner that could compete with the business of
CallPakistanDirect. You acknowledge that the Service has been developed,
compiled, prepared, revised, selected and arranged by CallPakistanDirect and
others (including certain other information sources) through the application of
methods and standards of judgment developed and applied through the expenditure
of substantial time, effort and money and constitutes valuable intellectual
property and trade secrets of CallPakistanDirect and such others. You agree to
protect the proprietary rights of CallPakistanDirect and all others having
rights in the Service during and after the term of this agreement and to comply
with all reasonable written requests made by CallPakistanDirect or its
suppliers of content, equipment or otherwise ("Suppliers") to protect their and
others' contractual, statutory and common law rights in the Service. You agree
to notify CallPakistanDirect in writing promptly upon becoming aware of any
unauthorized access or use of the Service by any party or of any claim that the
Service infringes upon any copyright, trademark or other contractual, statutory
or common law rights.
4. Further Restrictions on Use YOU MAY NOT COPY,
REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE,
PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM,
TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY
DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN
PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY
NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT
CallPakistanDirect 'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S
CONTENT WOULD BE A VIOLATION OF CallPakistanDirect 'S COPYRIGHT AND OTHER
PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR
SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO
SATELLITE, OVER-THE-AIR OR CABLE TELEVISION OR RADIO BROADCAST, A COMPUTER
NETWORK, OR LINKING, DEEP LINKING OR FRAMING ON THE INTERNET WITHOUT THE PRIOR
WRITTEN CONSENT OF CallPakistanDirect. THE SERVICE AND THE INFORMATION
CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY
THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS
BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL
OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE
QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE,
YOU MAY NOT USE ANY OF CallPakistanDirect 'S TRADEMARKS, TRADE NAMES OR SERVICE
MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS
BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH CallPakistanDirect 'S
CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF
THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION
CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE
ANY OF CallPakistanDirect 'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN
UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED
MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH
ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.
5. Interactive Features (A) You understand that all
information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials contained in the Service (collectively, the
"Content"), whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This means
that you, and not CallPakistanDirect, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service.
CallPakistanDirect does not control the Content posted via the Service by
third-parties and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will CallPakistanDirect be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service. You agree to
not use the Service to: (i) upload, post, email or otherwise transmit any
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable; (ii) harm minors in any
way; (iii) impersonate any person or entity, including, but not limited to, a
CallPakistanDirect official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity; (iv) forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service; (v) upload, post, email or
otherwise transmit any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements); (vi)
upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; (vii) upload, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping rooms) that are designated for such
purpose; (viii) upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (ix) disrupt the normal
flow of dialogue, cause a screen to "scroll" faster than other users of the
Service are able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges; or (x) interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Service. (B) By posting messages, uploading files, or otherwise providing
any material to us for display on the Service, you are granting
CallPakistanDirect a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, copy, sublicense, adapt, transmit, publicly perform
or display any such communication and sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with respect
to the communication. The foregoing grants shall include the right to exploit
any proprietary rights in such material, including but not limited to rights
under copyright, trademark, service mark or patent laws under any relevant
jurisdiction. (C) CallPakistanDirect shall have the right, but not the
obligation, to monitor the content of CallPakistanDirect , including chat rooms
and forums, to determine compliance with this Agreement and any operating rules
established by CallPakistanDirect and to satisfy any law, regulation or
authorized government request. CallPakistanDirect shall have the right in its
sole discretion to edit, refuse to post or remove any material submitted to or
posted on CallPakistanDirect. Without limiting the foregoing,
CallPakistanDirect shall have the right to remove any material that
CallPakistanDirect, in its sole discretion, finds to be in violation of the
provisions of the TOS or otherwise objectionable.
6. License You acquire absolutely no rights or licenses
in or to the Service and materials contained within the Service other than the
limited right to utilize the Service in accordance with the TOS. Should you
choose to download content from the Service, you must do so in accordance with
the TOS. Such download is licensed to you by CallPakistanDirect ONLY for your
own personal, noncommercial use in accordance with the TOS and does not
transfer any other rights to you.
7. Fees and Payments. CallPakistanDirect reserves the
right at any time to charge fees for access to portions of the Service or the
Service as a whole. If at any time CallPakistanDirect requires a fee for
portions of the Service or the Service as a whole, CallPakistanDirect will
require you to register and create an account. In no event will you be charged
for access to portions of the Service or to the Service unless
CallPakistanDirect obtains your prior agreement to pay such charges. You shall
pay all fees and charges incurred through your account at the rates in effect
for the billing period in which such fees and charges are incurred, including
but not limited to charges for any products or services offered for sale
through the Service by CallPakistanDirect or by any other vendor or service
provider. All fees and charges shall be billed to you, and you shall be solely
responsible for their payment. You shall pay all applicable taxes relating to
the use of the Service through your account, and the purchase of any other
products or services. Certain portions of the Service or the Service as a whole
may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and
other fees related thereto will be paid by you in advance. In no event will you
receive any portions of the Service or the Service as a whole if a Prepaid Fee
is required unless CallPakistanDirect receives all fees and charges payable by
you, including the Prepaid Fee. The rates applicable to all telecommunications
services or products provided by CallPakistanDirect shall be the rates charged
by the underlying carrier at the time the PIN is purchased. All rates apply
only to calls originated in the United States of America . Telecommunications
services may also be subject to fees and surcharges, including without
limitation per call fees or surcharges as set by the underlying carrier. An
additional Federal Communications Commission mandated surcharge may be assessed
for calls originated from a pay phone. These fees and/or surcharges are
assessed at the time the call is made and are in addition to the per-minute
rate applicable to the call. By agreeing to purchase a PIN, you agree to pay
the rates, fees and surcharges in effect for that PIN at the time of purchase.
All prepaid cards shall have an expiration date linked to the date of purchase,
at which point it shall expire automatically. The expiration date is
communicated to you along with your PIN Number and Access Number immediately
following purchase. Any unused minutes or value shall be forfeited upon
expiration. All telecommunications services used in connection with Pins are
provided by the underlying carriers of those telecommunications services.
8. Rights Reserved. All present and future rights in and
to trade secrets, patents, copyrights, trademarks, service marks, know-how and
other proprietary rights of any type under the laws of any governmental
authority, domestic or foreign, including rights in and to all applications and
registrations relating to the Service (the "Intellectual Property Rights")
shall, as between you and CallPakistanDirect, at all times be and remain the
sole and exclusive property of CallPakistanDirect . All present and future
rights in and title to the Service (including the right to exploit the Service
and any portions of the Service over any present or future technology) are
reserved to CallPakistanDirect for its exclusive use. Except as specifically
permitted by the TOS, you may not copy or make any use of the Service or any
portion thereof. Except as specifically permitted herein, you shall not use
CallPakistanDirect 's Intellectual Property Rights or the Service, or the names
of any individual participant in, or contributor to, the Service, or any
variations or derivatives thereof, for any purpose, without CallPakistanDirect
's prior written approval.
9. Disclaimer and Limitation of Liability. (A) You agree
that your use of the Service is at your sole risk and acknowledge that the
Service and anything contained therein, including, but not limited to, Content,
services, goods or advertisements (the "Items") are provided "AS IS" and that
CallPakistanDirect makes no warranty of any kind, express or implied, as to the
Items, including, but not limited to, merchantability, no infringement, title
or fitness for a particular purpose or use. CallPakistanDirect does not warrant
that the Service is compatible with your equipment or that the Service is free
of errors or viruses, worms or "Trojan horses" and is not liable for any damage
you may suffer as a result of such destructive features. You agree that
CallPakistanDirect , its Suppliers and its third-party agents shall have no
responsibility or liability for (i) any injury or damages, whether caused by
the negligence of CallPakistanDirect , its employees, subcontractors, agents,
Suppliers or otherwise arising in connection with the Service and shall not be
liable for any lost profits, losses, punitive, incidental or consequential
damages or any claim against CallPakistanDirect by any other party or (ii) any
fault, inaccuracy, omission, delay or any other failure in the Service caused
by your computer equipment or arising from your use of the Service on such
equipment. The content of other Web sites, services, goods or advertisements
that may be linked to the Service is not maintained or controlled by
CallPakistanDirect. CallPakistanDirect is therefore not responsible for the
availability, content or accuracy of other Web sites, services or goods that
may be linked to, or advertised on, the Service. CallPakistanDirect does not
(a) make any warranty, express or implied, with respect to the use of the links
provided on, or to, the Service, (b) guarantee the accuracy, completeness,
usefulness or adequacy of any other Web sites, services, goods or
advertisements that may be linked to the Service or (c) make any endorsement,
express or implied, of any other Web sites, services, goods or advertisements
that may be linked to the Service. CallPakistanDirect is also not responsible
for the reliability or continued availability of the telephone lines and
equipment you use to access the Service. You understand that CallPakistanDirect
and/or third-party contributors to the Service may choose at any time to
inhibit or prohibit their content from being accessed under the TOS. (B) You
acknowledge that (i) the Service is provided for information purposes only;
(ii) CallPakistanDirect does not guarantee the sequence, accuracy, completeness
or timeliness of the Service and (iii) the provision of certain parts of the
Service is subject to the terms and conditions of other agreements to which
CallPakistanDirect is a party. Accordingly, anything to the contrary herein set
forth notwithstanding, CallPakistanDirect, its officers and employees, parent,
affiliates, subsidiaries, successors and assigns, Suppliers and its third-party
agents shall not, directly or indirectly, be liable, in any way, to you or any
other person for any: (i)inaccuracies or errors in or omissions from the
Service including, but not limited to, quotes and financial data; (ii)delays,
errors or interruptions in the transmission or delivery of the Service; or
(iii)loss or damage arising therefrom or occasioned thereby, or by any reason
of nonperformance. (C) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE, SHALL CallPakistanDirect , ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS
BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A CallPakistanDirect AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR
ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO,
LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not
allow the limitation or exclusion of liability or incidental or consequential
damages. In no event shall CallPakistanDirect 's total liability to you for all
damages, losses and causes of action (whether in contract or tort, including
but not limited to, negligence) exceed the amount paid by you, if any, for
accessing this site. (D) THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN
CONNECTION WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM THE
MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY
ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS (E) CallPakistanDirect DOES
NOT WARRANT THAT THE WEBSITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT
OR ANY CATEGORIES OF PRODUCTS WHATSOEVER. (F) THE RISK OF LOSS OF ALL PINS
PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON
PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. CallPakistanDirect SHALL
NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST
OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR
PINS THAT HAVE UNUSED OR EXPIRED MINUTES. (G) THE OBLIGATIONS OF
CallPakistanDirect UNDER THIS AGREEMENT ARE SUBJECT TO, AND CallPakistanDirect
SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR
DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED
OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR
SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL
DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES,
UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING
WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY
OTHER CAUSE BEYOND THE REASONABLE CONTROL OF CallPakistanDirect . (H) You may
order, purchase, or otherwise obtain services or merchandise through this
Website from entities not affiliated with CallPakistanDirect ("Sellers"). All
matters concerning the merchandise and services obtained or desired from any
Seller, including but not limited to purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between you and the Seller.
CallPakistanDirect makes no warranties or representations whatsoever with
regard to any goods or services provided by Sellers. You will not consider
CallPakistanDirect nor will CallPakistanDirect be construed as a party to such
transactions, whether or not CallPakistanDirect may have received some form of
revenue or other remuneration in connection with the transaction or be liable
for any costs or damages arising out of, either directly or indirectly, you or
any other person involved or related to the transaction.
10. Representations and Warranties You represent,
warrant and covenant that: (a) you have the power and authority to enter into
this agreement; (b) you are at least eighteen (18) years old; (c) you shall not
use any rights granted hereunder for any unlawful purpose; and (d) you shall
use the Service only as set forth in the TOS.
11. Indemnification You agree, at your own expense, to
indemnify, defend and hold harmless CallPakistanDirect and its employees,
representatives, Suppliers and agents, against any claim, suit, action or other
proceeding brought against CallPakistanDirect , its employees, representatives,
Suppliers and agents, by a third party, arising out of Content you submit, post
to or transmit through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another. You agree to pay any and all costs, damages and expenses, including,
but not limited to, reasonable attorneys' fees and costs awarded against or
otherwise incurred by or in connection with or arising from any such claim,
suit, action or proceeding attributable to any such claim.
12. Termination Either you or CallPakistanDirect may
terminate the TOS with or without cause at any time and such termination shall
be effective immediately. You may terminate the TOS by discontinuing use of the
Service and destroying all materials obtained from the Service. These TOS will
terminate immediately without notice from CallPakistanDirect if you, in
CallPakistanDirect 's sole discretion, fail to comply with any provision of
these TOS. Upon termination by you or upon notice of termination by
CallPakistanDirect , you must destroy promptly all materials obtained from the
Service and any copies thereof.
13. Miscellaneous (A) You accept that CallPakistanDirect
has the right to change the content or technical specifications of any aspect
of the Service at any time at CallPakistanDirect 's sole discretion. You
further accept that such changes may result in your being unable to access the
Service. (B) You agree not to impersonate any other person or entity, whether
actual or fictitious, including impersonating an employee or consultant of
CallPakistanDirect. You further agree not to use an inappropriate member name
of any kind.
14. Assignment CallPakistanDirect may freely assign this
Agreement and upon such assignment CallPakistanDirect will be relieved of any
further obligation there under. You may not assign its rights under this
Agreement, in whole or in part, to any third party.
15. Headings The section titles in the TOS are used
solely for the convenience of you and CallPakistanDirect and have no legal or
contractual significance.
16. Severability If any provision of the TOS is found
invalid or unenforceable, that provision will be enforced to the maximum extent
permissible, and the other provisions of these TOS will remain in force.
17. Waiver Any waiver by either party of a breach of any
provision of this Agreement shall not operate as or be construed to be a waiver
of any other breach of such provision or of any breach of any other provision
of this Agreement. The failure of a party to insist upon strict adherence to
any term of this Agreement on one or more occasion shall not be considered a
waiver or deprive that party of the right thereafter to insist upon strict
adherence to that term or any other term of this Agreement. All waivers must be
in writing.
18. Applicable Law: Venue, Legal Actions and Attorneys'
Fees This Agreement will be governed by and construed in accordance with the
Laws of the State of Florida , without regard to conflicts of law principles.
Any and all litigation concerning this Agreement shall be brought only in the
state courts of Miami-Dade County , Florida . BOTH PARTIES FOREVER RELINQUISH
THEIR RESPECTIVE RIGHTS/ENTITLEMENT TO TRIAL BY JURY IN ANY AND ALL LITIGATION
PERTAINING TO THIS AGREEMENT. Each of the parties hereto shall now and forever
bear its own costs and attorneys' fees both in connection with the execution of
this Agreement and any and all enforcement thereof in a court of law.
19. Entire Agreement The TOS and any other terms and
conditions of service on CallPakistanDirect, and its successor, constitute the
entire agreement between you and CallPakistanDirect and govern your use of the
Service.
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