WELCOME TO Collect2Card! These Terms constitute a legal "Agreement"; please read them carefully.
By reviewing the registration during the call acceptance process or on our website located at www.2fon.net or any successor Website thereto ("Website") OR by downloading mobile content to a mobile device (each a "Download"), you (1) Represent that you are at least 18 years of age and (2) agree to be bound by the terms and conditions of this Agreement. In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to "2fon.net" or "Collect2Card". This Agreement explains our obligations to you, and your obligations to us in relation to the 2fon.net Service. We reserve the right to modify these Terms at any time. Changes to these Terms will be posted in a revised version of these Terms on our web page at www.2fon.net. Your purchase of a Package Plan and / or continued use of your existing Plan shall evidence your acceptance of the changes to these Terms.
You understand and agree that your use of the Service, including, but not limited to any download(s), is solely at your own risk and that you will be solely responsible for any damage to your mobile device or loss of data that may result from your use or download. You agree that the Service is provided on an "as is," and "as available" basis, except as otherwise noted in this agreement. You acknowledge and agree that the Company shall have no liability to you, or to any third party, for any modification, suspension, discontinuance or termination of the Service, or any part thereof. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free. No advice or information, whether oral or written, obtained by you from us or through our Services shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. Except in jurisdictions where such provisions are restricted, you agree that the Company's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the Service provided under this agreement and / or for any breach of this agreement is solely limited to the amount you paid for such Service during the term of this agreement. Except in jurisdictions where such provisions are restricted, the Company, its licensors, and contractors (including any third parties providing all or part of the Service) shall not be liable for any indirect, incidental, special or consequential damages even if the Company has been advised of the possibility of such damages. to the extent that a state does not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitted by law in such states.
5030 Champion Blvd., Ste G6The Company shall serve notices related to this contract by posting them on the Website or by sending them to the postal address or email address you have given to the Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by email or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
PMB 413
Boca Raton, Florida 33496
(b) Severability
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid
or unenforceable, in whole or in part, that term or provision will not affect the remainder of this
Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement
enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with
the original intentions of the parties; and the remaining terms and provisions will remain in full force
and effect.
(c) Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and
us regarding the Service and supersedes all prior agreements and understandings, whether written or
oral, or whether established by custom, practice, policy or precedent, with respect to the subject
matter of this Agreement.
(d) Assignment and Resale
Except as otherwise set forth herein, your rights under this Agreement are not assignable or
transferable. You agree not to resell the Service or any portion thereof.
(e) Governing Law
This Agreement and any disputes hereunder shall be governed in all respects by and construed in
accordance with the laws of the State of Florida, United States of America, excluding its conflict of
laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal
jurisdiction and venue of the United States District Court for the Southern District of Florida, for any
disputes between us under or arising out of this Agreement. If there is no jurisdiction in the United
States District Court for the Southern District of Florida, for any disputes between us under or arising
out of this Agreement you and we agree that jurisdiction shall be in the courts of Palm Beach County,
Florida. The parties hereby waive any right to jury trial with respect to any action brought in
connection with this Agreement. The application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
(f) Waiver
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an
authorized representative of the Company. The remedies of the Company under this Agreement shall be
cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit
of other remedies. The failure of a party, at any time or from time to time, to require performance of
any obligations of the other party hereunder shall not affect its right to enforce any provision of this
Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be
construed as a waiver of any rights arising out of any prior or subsequent breach.
(g) Headings
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no
way define, limit, construe or describe the scope or extent of such section or in any way affect such
section.
(h) Survival
In the event this Agreement terminates as provided herein, Sections 4, 5, 6 of this Agreement shall
survive such expiration or termination.