DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
Introduction
Your use of the callkoreanow.com. Web Site
constitutes your agreement to and acceptance of the additional
terms and conditions, which are available at: http://www.callkoreanow.com/disclaimer.htm
or by clicking on any hyperlink on the callkoreanow.com. Web
Site that is labeled "Legal Notices".
Unless the context clearly requires otherwise,
as used in this Disclaimer and Limitation of Liability, the
name "," standing alone (as opposed to being used as a
modifier in a phrase such as "callkoreanow.com. Web Site") shall
be construed to include all of the following entities and
persons: callkoreanow.com., its parents, its subsidiaries, its
members, its partners, its joint venturers, its affiliates,
its suppliers, its licensors, its licensees, its contractors,
their respective agents and employees, and all their
respective heirs, successors, and assigns.
Disclaimer of Warranties
Your use of the callkoreanow.com. Web site and
any components of the callkoreanow.com. Web Site are at your
sole risk, and you voluntarily assume that risk. The
callkoreanow.com. Web Site and all of its components are
provided on an "AS IS," "AS AVAILABLE" basis without
warranties of any kind, either express or implied, unless such
warranties are legally incapable of exclusion.
callkoreanow.com. hereby disclaims all
WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE or any
warranties arising from course of dealing or usage of trade.
No advice or information given by
callkoreanow.com. shall create a warranty of any kind.
callkoreanow.com. does not warrant that the service will be
uninterrupted or error-free or that any information, software,
or other material accessible on the service is free of
viruses, cancelbots, worms, logic bombs, trojan horses, or
other harmful contents or components.
callkoreanow.com. is not responsible for the
contents of any Web site to which the callkoreanow.com. Web Site
links, or any link contained in a linked site, or any changes
or updates to such sites. callkoreanow.com. is providing these
links to you only as a convenience, and the inclusion of any
link does not imply endorsement by callkoreanow.com. of the site
to which the callkoreanow.com. Web Site links, nor shall any
link create any express or implied warranty binding on
callkoreanow.com.
The merchandise, products or services
(collectively, the "merchandise") offered for purchase through
the callkoreanow.com. Web Site are provided by third parties who
are not affiliated with or under the direction or control of
callkoreanow.com. Nor does callkoreanow.com. either expressly or
impliedly claim to be an authorized dealer or representative
of any of the individuals, companies, or organizations
(collectively referred to as "vendors") who are offering or
promoting merchandise through the site. callkoreanow.com.
neither represents nor warrants nor endorses the accuracy or
reliability of any information or advertisements uploaded,
displayed, or distributed through the callkoreanow.com. Web
site. callkoreanow.com. in no way either expressly or impliedly
takes responsibility for the quality of any merchandise
available for purchase through the callkoreanow.com. Web Site.
callkoreanow.com. further disclaims all
warranties on the merchandise, either express or implied,
including but not limited to the IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, NON- INFRINGEMENT OF THIRD PARTY
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
callkoreanow.com.'s entire liability and your
exclusive remedy with respect to use of the callkoreanow.com.
Web Site and any components of the callkoreanow.com. Web Site,
as well as callkoreanow.com.'s liability to you for breach of
the General Terms of Service are limited solely to the amounts
you have paid to callkoreanow.com. Because some states do not
allow the exclusion or limitation of liability for
consequential or incidental damages, in such states,
callkoreanow.com.'s liability is limited to the extent permitted
by law.
In no event shall callkoreanow.com. be held
liable for costs or procurement of substitute goods or
services, lost profits, lost data, business interruption,
attorneys' fees or any direct, indirect, special, punitive,
incidental, exemplary or consequential damages, or any kind of
damages whatsoever, even if callkoreanow.com. has been advised
of the possibility of such damages, whether in an action under
contract, negligence, tort or any other legal or equitable
theory of recovery, arising out of or in connection with the
use, inability to use or performance of the information,
merchandise, and materials available from the
callkoreanow.com.
Web Site, or any part thereof, or your reliance on or use of
information, services, or merchandise provided on or through
the callkoreanow.com. web site, or that result from mistakes,
omissions, interruptions, deletion of files, errors, defects,
delays in operation or transmission, any failure of
performance, computer virus, communication line failure,
theft, destruction, or unauthorized access to, alteration of,
or use of your account, whether for breach of contract,
negligence or under any other cause of action. In the event
callkoreanow.com. is found liable under any circumstance under
the terms of this agreement, callkoreanow.com.'s liability shall
be limited to the liability as stated in this disclaimer.
Severability
If any portion of this disclaimer and
limitation of liability is found by a court of competent
jurisdiction to be unconscionable, inapplicable or void, only
that portion of this disclaimer and limitation of liability
will be stricken and the remaining portions shall be valid and
binding.
Other Applicable callkoreanow.com. Web Pages
General Terms and Conditions of
callkoreanow.com.
Web Site, http://www.callkoreanow.com/shop/file/security.cgi
Copyright Notice and Policy, http://www.callkoreanow.com/shop/file/security.cgi
No Spam Policy, http://www.callkoreanow.com/shop/file/security.cgi
Privacy Policy, http://www.callkoreanow.com/shop/file/security.cgi
Terms of Service | General Terms and
Conditions
callkoreanow.com., GENERAL TERMS OF USE OF WEB
SITE AND CUSTOMER AGREEMENT 1. Notice of Agreement/Legal
Document.
THE FOLLOWING DOCUMENT IS A CONTRACT - LEGALLY
BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY
BEFORE YOU USE THE SERVICES PROVIDED BY THIS WEB SITE AND
BEFORE YOU AGREE TO PURCHASE ANY PRODUCTS FROM THIS WEB SITE.
BY USING THIS WEB SITE OR BY AGREEING TO PURCHASE ANY PRODUCTS
FROM THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS STATED BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE AND
SHOULD EXIT IT IMMEDIATELY.
2. Parties.
callkoreanow.com., (hereinafter referred to as "callkoreanow.com.",
is an North Carolina company, with its principal place of
business located at 7500 Cedar point LN Charlotte, NC 28210.
"CUSTOMER," "YOU," and "YOUR" refer to:
the natural person using this Web site,
regardless of whether he or she is acting is his or her
individual capacity, or as the agent for any other natural
person or business entity; and
the natural person who is the principal of any
electronic agent(s) using this Web site, regardless of the
number of layers of electronic agency that may exist between
the natural person principal and the electronic agent(s) using
this Web site.
In this Agreement, callkoreanow.com. and YOU may
sometimes be referred to collectively as the "PARTIES." Where
this Agreement uses the term "PARTIES," it intends both YOU
and callkoreanow.com.
3. Intent to Enter Agreement to Purchase
Prepaid Telephone Calling Services.
callkoreanow.com. desires to provide the
callkoreanow.com. Web Site and YOU desire to use the
callkoreanow.com. Web Site, provided by callkoreanow.com., subject
to the terms and conditions of this Agreement, as
callkoreanow.com. may amend or revise this Agreement from time
to time, to purchase prepaid telephone calling services from
third-party telephone carriers (hereinafter referred to as
"carriers").
4. Consideration.
In consideration of callkoreanow.com.'s
providing access to and use of the callkoreanow.com. Web Site to
YOU, YOUR payment of and promises to pay fees to
callkoreanow.com., and YOUR promises to abide by the terms and
conditions of this Agreement, as callkoreanow.com. may amend or
revise this Agreement from time to time, and in consideration
of all the mutual covenants and promises made in this
Agreement, the PARTIES hereby agree as follows:
5. General Terms and Conditions.
Service to Be Provided by callkoreanow.com. to
CUSTOMER.
The callkoreanow.com. Web Site is provided to
YOU (the "CUSTOMER") by callkoreanow.com., subject to the terms
and conditions of this Agreement.
You may access the Agreement while you are
connected to the Internet by going to the page on the World
Wide Web by clicking on any hyperlink on the
callkoreanow.com.
Web Site that is labeled "Legal Notices."
Entire Agreement.
This Agreement comprises the entire agreement
between YOU (the CUSTOMER) and callkoreanow.com., and supersedes
any prior or previous agreements between YOU, the CUSTOMER,
and callkoreanow.com., with respect to the subject matter of
this Agreement; provided, however, that YOU shall be subject
to any additional terms and conditions of which
callkoreanow.com.
notifies you from time to time and that may apply when YOU are
using any content, software, products, or services of any kind
or nature, of any third party, including, but not limited to
carriers.
Revisions to this Agreement.
YOU may not revise any of the terms of this
Agreement without express prior authorization and written
agreement signed by a duly authorized Officer or Manager of
callkoreanow.com.
callkoreanow.com. serves a variety of customers,
retailers, and distributors, and cannot negotiate separate
contracts with each of its customers. callkoreanow.com. is able
to offer competitive pricing and billing by using standard
Terms of Service contracts for all of its customers.
callkoreanow.com. reserves the right to, and
may, revise this Agreement at any time, and such revisions
shall become effective thirty (30) days after
callkoreanow.com.
posts the revised Agreement for public viewing. You may access
the Agreement while you are connected to the Internet by going
to the page on the World Wide Web, by clicking on any
hyperlink on the callkoreanow.com. Web Site that is labeled
"Legal Notices". The revisions to the Agreement shall include
notice of the date of posting the most recent revision to the
Agreement.
YOU agree to read the revisions to this
Agreement periodically and preferably, at least once every
thirty- (30) days to become aware of such revisions to this
Agreement.
YOUR continued use of the callkoreanow.com. Web
site more than thirty (30) days after callkoreanow.com. posts
revisions to this Agreement, as described above, shall be
conclusively deemed YOUR assent to the additional terms and
conditions made part of this Agreement by such revisions.
If any such revised or additional terms and
conditions are unacceptable to YOU, or if YOU do not agree to
and do not wish to be legally bound by such revised or
additional terms and conditions, you may terminate this
Agreement as provided in Section 13 below.
6. Account Information.
Services callkoreanow.com. Will Provide to
CUSTOMER.
callkoreanow.com. grants YOU a limited,
non-exclusive, and nontransferable license to use the
callkoreanow.com. Web Site and its various components to
purchase prepaid telephone services from third-party carriers
or to refer third parties to the callkoreanow.com. Web Site for
the sole purpose of purchasing such services. This license is
subject to the restriction, that, except to the extent
expressly permitted by law, YOU may not translate, reverse
engineer or reverse compile or decompile, disassemble or make
derivative works from the software residing at or used to
operate the callkoreanow.com. Web Site (hereinafter referred to
as the "callkoreanow.com. Software"). YOU may not modify the
callkoreanow.com. Software in any manner or form, or use it in
any way which is not expressly authorized by
callkoreanow.com.,
other than to access the callkoreanow.com. Web site, as
authorized by this Agreement, including, without limitation,
for the purpose of obtaining unauthorized access to
callkoreanow.com.'s service or data (also known as "hacking").
YOU agree to abide by the United States and other applicable
export control laws and regulations and not to transfer, by
electronic transmission or otherwise, any information,
including the callkoreanow.com. Software in either source,
object, or executable form, which is subject to restrictions
under such laws to a national or destination restricted under
such laws without first obtaining and then complying with any
requisite government authorization or licensing requirements
and without first providing callkoreanow.com. with a certified
copy of said license or written government authorization,
evincing compliance with all applicable export control laws
and regulations.
Subject to all the terms and conditions of
this Agreement and all applicable laws, YOU may access, for
YOUR sole use, callkoreanow.com.'s proprietary content offered
at the callkoreanow.com. Web site and accessible through
callkoreanow.com.'s home page on the World Wide Web.
callkoreanow.com. will provide YOU with such
customer and technical support related to YOUR use of the
callkoreanow.com. Web Site, at no additional charge, subject to
the restrictions posted on the Customer Service area of the
callkoreanow.com. Web Site.
Warranties and Representations of CUSTOMER.
YOU REPRESENT AND WARRANT THAT YOU ARE AT
LEAST EIGHTEEN (18) YEARS OLD.
YOU represent and warrant that YOU are a
citizen or a lawful resident of the United States of America
or of Canada.
YOU acknowledge that YOU will receive a user
name and a password to access the services provided by
callkoreanow.com. at the callkoreanow.com. Web Site.
Upon YOUR initial access to the
callkoreanow.com.
Web Site, YOU will select a unique password. YOU are solely
responsible for maintaining the confidentiality of YOUR
password and are liable for any harm resulting from disclosing
or allowing disclosure of any password or from use by any
person of YOUR password to gain access to YOUR accounts.
Therefore, for security purposes,
callkoreanow.com. recommends that YOU change YOUR password
regularly.
Upon YOUR registration with the
callkoreanow.com.
Web Site, YOU must choose a unique user name to identify YOU
to the callkoreanow.com. Web Site. callkoreanow.com. expects YOU
to be reasonable and responsible in selecting a user name.
Vulgar or otherwise offensive user names may offend other
persons and are unacceptable. YOU may not select or use a user
name that is the real name of another person, or a user name
that violates a trademark right, copyright, or any other
proprietary right, or which callkoreanow.com. deems in its sole
discretion to be vulgar or otherwise offensive.
callkoreanow.com.
reserves the
YOU understand that YOUR password is
confidential and is intended solely for YOUR use and for no
other person's use.
YOU understand that callkoreanow.com. will rely
on YOUR agreement to keep YOUR password secret and
confidential and that YOU will not reveal YOUR password to any
other person or entity, except as required by law.
YOU understand that disclosure of YOUR
password to any other person or entity, except as required by
law, could cause irreparable damages to callkoreanow.com.,
including, but not limited to compromise of
callkoreanow.com.'s
confidential and proprietary business information and trade
secrets, compromise of the integrity of the information and
communications of callkoreanow.com.'s other customers,
interruption of callkoreanow.com.'s services, lost profits to
callkoreanow.com., and damages to callkoreanow.com.'s business
reputation and goodwill.
YOU understand and agree that disclosure of
YOUR password to any other person or entity, except as
required by law, is a MATERIAL BREACH of this Agreement, and
MAY VIOLATE LOCAL, STATE, and FEDERAL LAW.
In the event that YOU disclose YOUR password
to any other person or entity, YOU shall and hereby do forever
agree to defend, hold harmless, and indemnify
callkoreanow.com.
from any harm or damages whatsoever resulting directly or
indirectly from YOUR disclosure of YOUR password to any other
person or entity.
YOU understand and agree that YOU shall be
entirely liable for all activities conducted through use of
YOUR password, whether any third person or entity may also be
liable for such activities.
Information YOU Provide to callkoreanow.com.
YOU agree to provide callkoreanow.com. with
accurate, complete, and updated registration information, and
failure to do so shall constitute a breach of this Agreement
and unauthorized access to callkoreanow.com.'s service, and may
result in immediate termination of YOUR account and subject
YOU to civil and/or criminal liability. YOU further
acknowledge that it is a Federal and State criminal offense to
purchase any product from callkoreanow.com. by fraudulent means.
7. Charges, Fees, and Payment.
Rates and Billing Methods; Subject to Change
with Notice.
The rates and charges for telephone card
products available from callkoreanow.com., as well as the
methods of payment shall be those posted on the
callkoreanow.com.
Web Site, as amended or revised from time to time.
If YOUR chosen payment method for
callkoreanow.com.'s service is by credit, charge, or debit card,
and callkoreanow.com. has not received payment from the card
issuer or its agents, YOU agree to pay all amounts due upon
demand by callkoreanow.com.
YOUR card issuer's agreement governs YOUR use
of YOUR designated payment card in connection with the
callkoreanow.com. Web Site, and YOU must refer to such agreement
and not this Agreement with respect to YOUR rights and duties
as a cardholder.
Upon written request, callkoreanow.com. will
provide YOU with a written statement of charges. Unless YOU
notify callkoreanow.com. of any discrepancies within ninety (90)
days after they first appear on the written account statement,
they will be deemed acceptable by YOU for all purposes,
including resolution of inquiries made by YOUR card issuer or
bank.
YOU release callkoreanow.com. from all
liabilities and claim of loss resulting from any error or
discrepancy that is not reported to callkoreanow.com. within 90
days of its publication to YOUR account.
YOUR Responsibility for Charges.
YOU shall be responsible for all charges
resulting from YOUR use of the callkoreanow.com. Web Site and
the use of the callkoreanow.com. Web Site by any other person
who uses your user name and password, regardless of whether
YOU have actually authorized such charges.
If YOU misplace YOUR user name or password or
both, or suspect that someone else may be using them without
YOUR authorization, YOU agree that YOU will notify
callkoreanow.com. immediately. Failure to notify
callkoreanow.com.
may result in YOUR being liable for unauthorized charges.
Failure to Make Timely Payment.
callkoreanow.com. reserves the right to suspend
or terminate YOUR account and YOUR access to the
callkoreanow.com. Web Site for any amounts past due. Amounts
past due include, but are not limited to denied charges and
dishonored checks.
Accounts that are past due or in default are
subject to an interest charge of 1.5% per month on the
outstanding balance.
Checks that are dishonored for any reason are
subject to a collection fee of $22.50 per dishonored check,
and YOUR account and access to the callkoreanow.com. Web Site
Service may be suspended until YOU have paid in full all
amounts YOU owe to callkoreanow.com.
Termination of YOUR account and/or YOUR access
to the callkoreanow.com. Web Site shall not relieve YOU from the
obligation to satisfy outstanding invoices and to pay to
callkoreanow.com. all amounts YOU owe to callkoreanow.com.
pursuant to this Agreement, or otherwise.
In the event callkoreanow.com. utilizes an
attorney at law to collect any unpaid amounts from YOU, YOU
shall be responsible for the payment of all of
callkoreanow.com.'s attorneys' fees and costs, in addition to
any penalties allowed under applicable law, in the collection
of those sums.
All Sales Final; Refunds or Credits from
Carriers.
YOU agree that callkoreanow.com. acts merely as
a distributor of prepaid telephone and long-distance products
for third-party telephone carriers.
ALL SALES FROM THE callkoreanow.com. WEB SITE
ARE FINAL, WITH RESPECT TO callkoreanow.com.
callkoreanow.com. will not issue any refunds,
credits, adjustments, or replacement of telephone cards,
virtual cards, or personal identification numbers (PINs).
Even if callkoreanow.com. shall, at its sole
discretion, make any limited exceptions to its "all sales
final" policy as described in this Agreement,
callkoreanow.com.
shall not waive any rights it has to enforce said policy in
all other cases and at all other times, to the fullest extent
provided in this Agreement and allowed under applicable law.
The various carriers whose prepaid telephone
and long-distance products callkoreanow.com. makes available to
you through the callkoreanow.com. Web Site may provide refunds,
credits, or adjustments to YOU under certain circumstances. By
YOUR use of the callkoreanow.com. Web Site, YOU agree that you
will contact the appropriate carriers regarding their policies
concerning refunds, credits, or adjustments. YOU further agree
that YOU will release, hold harmless, defend, and indemnify
callkoreanow.com., its parents, subsidiaries, affiliates,
partners, members, joint venturers, all their respective
employees and agents, and all their successors and assigns
from any liability for any carrier's failure to adjust or
resolve any claim YOU may have against said carrier.
Limitations on Use of callkoreanow.com. Web Site
In any given 24-hour period, the number of
purchases and the aggregate monetary value of the purchases
YOU may make from the callkoreanow.com. Web Site is limited.
These limits may vary from time to time, and are posted online
at: http://www.callkoreanow.com/safe%20shop.htm. YOU agree that
callkoreanow.com. reserves the right to change these limits at
any time without notice and that callkoreanow.com. shall not be
liable to YOU in any manner, for any reason, under any legal
theory as a result of changing such limits. YOU further agree
that YOU will not exceed or attempt to exceed these limits.
8. Intellectual Property Rights.
callkoreanow.com.'s Intellectual Property
Rights.
All Content callkoreanow.com. provides on any
and all of its pages on the World Wide Web, any and all files,
software, and databases callkoreanow.com. uses to operate the
callkoreanow.com. Web Site, and any and all files
callkoreanow.com.
makes available to YOU for use, viewing, browsing, or
downloading, are protected by copyright pursuant to U.S. law,
international conventions, and other copyright laws as
individual works, and as a collective work and/or compilation,
and callkoreanow.com. claims and owns a copyright in the
selection, coordination, arrangement and enhancement of such
Content.
YOU agree not to modify, publish, transmit,
participate in the transfer or sale of, reproduce (except as
provided below), create derivative works from, distribute,
perform, display, create collective works or compilations
including, or in any way exploit, any of the Content, in whole
or in part; provided that if callkoreanow.com. applies no
specific restrictions directly or indirectly in relation to a
particular item of Content, YOU may make a reasonable and
limited number of copies of such item, including copyrighted
material, provided that
YOU make and use the said copies solely for
YOUR personal and non-commercial use;
YOU ensure that any notices contained in the
Content such as all copyright, trademark, service mark,
patent, and other proprietary rights notices are reproduced in
an unmodified form in all such copies; and
YOU refrain from transferring such Content to
any other person, entity, computer, computer network, or other
device, without the prior express written consent of
callkoreanow.com.
YOU agree to comply with all the terms and
conditions of callkoreanow.com.'s Copyright Notice and Policy,
as amended or revised from time to time, and available online
at: http://www.callkoreanow.com/privacy.cfm.
Intellectual Property Rights of Third Parties.
Third persons not parties to this Agreement
shall retain all rights they have to intellectual property
rights to Content they own and which they enjoy by law. YOU
agree not to infringe upon any such rights and agree to
defend, hold harmless, and indemnify callkoreanow.com. from any
infringement YOU cause to the rights of any third party in any
intellectual property rights that may result from YOUR use of
the callkoreanow.com. Web Site.
9. YOUR Duties Under this Agreement.
Compliance with Agreement.
YOU agree to abide by and perform all the
terms and conditions of this Agreement at all times.
Compliance with Applicable Laws.
YOU agree to abide by and to follow all
applicable laws in using the callkoreanow.com. Web Site and, to
the extent allowed by law, YOU agree to defend, hold harmless,
and indemnify callkoreanow.com. from any damages caused by YOUR
violation of any applicable laws.
YOU acknowledge that access to or use of the
callkoreanow.com. Web Site may not be legal in certain
countries. If YOU access or use the callkoreanow.com. Web Site
outside the United States of America, YOU do so at YOUR own
risk and are responsible for compliance with the laws of the
jurisdiction in which or from which YOU access or use the
callkoreanow.com. Web Site.
YOU may not use the callkoreanow.com. Web site
or any products or services you purchase by way of the
callkoreanow.com. Web Site for any unlawful purpose.
callkoreanow.com. reserves the right to
discontinue furnishing service or to limit the use of the
callkoreanow.com. Web Site necessitated by conditions beyond its
control; or if YOU use the callkoreanow.com. Web site or any
products or services you purchase by way of the
callkoreanow.com.
Web Site in violation or attempted violation of the law.
Refraining from Certain Activities.
YOU further agree that YOU will not do or
attempt to do any of the following activities in connection
with YOUR use of the callkoreanow.com. Web Site or otherwise:
Violate the security of the callkoreanow.com.
Web Site or any other computer network, or crack passwords or
security encryption codes;
Transfer or store illegal material including
that deemed threatening or obscene, or engage in any kind of
illegal activity;
Impersonate any person living or dead,
organization, business, or other entity, or use any name or
communicate under any false name that YOU are not authorized
to use;
Solicit other callkoreanow.com. customers,
retailers, or distributors to become customers of other
companies or services directly competing with
callkoreanow.com.;
or
Violate any of the rules, regulations and
policies of those networks, computer systems,
telecommunications carriers, or Internet service providers
that YOU use to access the callkoreanow.com. Web Site.
No Multiple Accounts Without Prior Permission.
Unless YOU obtain prior written permission
from callkoreanow.com., YOU shall not register for, apply for,
or otherwise obtain multiple accounts or means of accessing
the callkoreanow.com. Web Site. YOU agree that if YOU register
for, apply for, or otherwise obtain multiple accounts or means
of accessing the callkoreanow.com. Web Site without obtaining
prior written permission from callkoreanow.com.,
callkoreanow.com.
may immediately terminate all of YOUR accounts without notice
to YOU.
Once YOUR account with callkoreanow.com. or YOUR
access to the callkoreanow.com. Web Site has been terminated,
for any reason, YOU shall pay in full any delinquent, past
due, or unpaid accounts and shall resolve all issues in
dispute with callkoreanow.com. before YOU may register for,
apply for, or otherwise obtain a new account to use the
callkoreanow.com. Web Site.
Increasing Network Usage and Traffic.
YOU agree not cause or attempt to cause
traffic levels to callkoreanow.com.'s Web Site and related
servers and networks, or other networks to rise without reason
or for any malicious purpose, by any means, including, but not
limited to, transmitting large files to e-mail, ftp, or other
servers for malicious purposes, "mailbombing," transmissions
intended to raise the cost of another network provider's
access through excessive traffic levels, or repeatedly sending
the same content to callkoreanow.com. for the purpose of
harassment.
Spamming Prohibited.
YOU agree that YOU shall not engage in any
spamming at any time, and to abide by callkoreanow.com.'s NO
SPAM POLICY, available for your review at: http://www.callkoreanow.com/safe%20shop.htm
Attempting to Circumvent or Bypass System
Security Measures.
YOU agree not to obstruct or attempt to
obstruct the systems identification procedures or to forge
communications of any form.
YOU agree not to attempt to cause, or actually
cause, any disruption of service on the callkoreanow.com. Web
Site or any other network or any server housing the
callkoreanow.com. Web Site, including but not limited to
malicious traffic generation, attempted or actual violation of
any security system in place on the Internet and its
resources, or any unauthorized access to any computer or
resource on the Internet.
YOU agree not to abuse or attempt to abuse the
system and resources of the callkoreanow.com. Web Site in any
manner.
YOU agree not to violate or attempt to violate
the security of the authentication and accounting procedures
of the callkoreanow.com. Web Site.
YOU agree not to attempt to or actually
undermine, hinder, damage, or disrupt the hardware, software,
or security of the callkoreanow.com. Web Site or any of its
various components.
callkoreanow.com.'s Right to Monitor and
Communications Privacy Policy.
YOU agree to all of the terms and conditions
of callkoreanow.com.'s Privacy Policy, which is available online
at: http://www.callkoreanow.com/safe%20shop.htm.
10. Disclaimer of Warranties.
callkoreanow.com. Web Site.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE
callkoreanow.com. WEB SITE AND ANY COMPONENTS OF THE
callkoreanow.com. WEB SITE ARE AT YOUR SOLE RISK, AND THAT YOU
VOLUNTARILY ASSUME THAT RISK. THE callkoreanow.com. WEB SITE AND
ALL OF ITS COMPONENTS ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION.
callkoreanow.com.'s ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE callkoreanow.com.
WEB SITE AND ANY COMPONENTS OF THE callkoreanow.com. WEB SITE,
AS WELL AS callkoreanow.com.'s LIABILITY TO YOU FOR BREACH OF
THIS AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU HAVE PAID
TO callkoreanow.com. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, callkoreanow.com.'s
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
THE callkoreanow.com. WEB SITE AND ALL OF THE
COMPONENTS OF THE callkoreanow.com. WEB SITE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
NO ADVICE OR INFORMATION GIVEN BY
callkoreanow.com., ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS,
ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS
SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTY OF ANY KIND. NEITHER
callkoreanow.com. NOR ITS PARENTS, ITS SUBSIDIARIES, ITS
MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES,
ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR
RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE,
OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF
VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES, OR
OTHER HARMFUL CONTENTS OR COMPONENTS.
Specific Information Available on the
callkoreanow.com. Website.
callkoreanow.com. AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED ON THE callkoreanow.com. WEB SITE AND ITS SERVER FOR
ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
callkoreanow.com. AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON- INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
ON THE callkoreanow.com. WEB SITE AND ITS SERVER COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN.
callkoreanow.com.
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
Links to Third Party Web Sites.
SOME OF THE LINKS ON THE callkoreanow.com. WEB
SITE WILL LET YOU LEAVE THE callkoreanow.com. WEB SITE. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF callkoreanow.com. AND
callkoreanow.com. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES.
callkoreanow.com. IS PROVIDING THESE LINKS TO
YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY callkoreanow.com. OF THE SITE TO WHICH
THE callkoreanow.com. WEB SITE LINKS, NOR SHALL ANY LINK CREATE
ANY EXPRESS OR IMPLIED WARRANTY BINDING ON callkoreanow.com.
Products Available from the callkoreanow.com.
Web Site.
callkoreanow.com. is pleased that YOU have
decided to purchase products offered by vendors and carriers
on the callkoreanow.com. Web Site. To ensure that YOU are aware
of YOUR rights related to purchasing products offered by
vendors and carriers on the callkoreanow.com. Web Site,
callkoreanow.com. has created the following disclaimers which
are binding and material terms of this Agreement. YOUR
ordering any products on the callkoreanow.com. Web Site
constitutes YOUR agreement to the following disclaimers.
YOUR PURCHASE OF ANY PRODUCTS THROUGH THE
callkoreanow.com. WEB SITE INDICATES YOUR ACCEPTANCE THE TERMS
STATED HEREIN. PLEASE REMEMBER THAT ALL OF THE RULES STATED IN
THIS AGREEMENT APPLY TO THE PURCHASE OF ANY PRODUCTS THROUGH
THE callkoreanow.com. WEB SITE.
THE MERCHANDISE, PRODUCTS OR SERVICES
(COLLECTIVELY, THE "MERCHANDISE") OFFERED FOR PURCHASE THROUGH
THE callkoreanow.com. WEB SITE ARE PROVIDED BY THIRD PARTIES WHO
ARE NOT AFFILIATED WITH OR UNDER THE DIRECTION OR CONTROL OF
callkoreanow.com. NOR DOES callkoreanow.com. EITHER EXPRESSLY OR
IMPLIEDLY CLAIM TO BE AN AUTHORIZED DEALER OR REPRESENTATIVE
OF ANY OF THE INDIVIDUALS, COMPANIES, OR ORGANIZATIONS
(COLLECTIVELY REFERRED TO AS "VENDORS") WHO ARE OFFERING OR
PROMOTING MERCHANDISE THROUGH THE SITE. callkoreanow.com.
NEITHER REPRESENTS NOR WARRANTS NOR ENDORSES THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OR ADVERTISEMENTS UPLOADED,
DISPLAYED, OR DISTRIBUTED THROUGH THE callkoreanow.com. WEB
SITE. callkoreanow.com. IN NO WAY EITHER EXPRESSLY OR IMPLIEDLY
TAKES RESPONSIBILITY FOR THE QUALITY OF ANY MERCHANDISE
AVAILABLE FOR PURCHASE THROUGH THE callkoreanow.com. WEB SITE.
callkoreanow.com. FURTHER DISCLAIMS ALL
WARRANTIES ON THE MERCHANDISE, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
THE VENDORS SELLING THE MERCHANDISE THROUGH
THE callkoreanow.com. WEB SITE ARE SOLELY RESPONSIBLE FOR THE
REPRESENTATIONS REGARDING THE MERCHANDISE ADVERTISED ON THE
callkoreanow.com. WEB SITE. IN NO EVENT SHALL
callkoreanow.com.,
ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS
JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS,
ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE HELD LIABLE
FOR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, LOST DATA, BUSINESS INTERRUPTION, ATTORNEYS' FEES OR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, OR ANY KIND OF DAMAGES WHATSOEVER,
EVEN IF callkoreanow.com. OR ANY OF THE OTHER PERSONS OR
ENTITIES IDENTIFIED IN THIS PARAGRAPH HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER
CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL OR EQUITABLE
THEORY OF RECOVERY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION,
MERCHANDISE, AND MATERIALS AVAILABLE FROM THE
callkoreanow.com.
WEB SITE.
By YOUR agreeing to this disclaimer, YOU are
indicating that YOU will not for any reason take any legal
action against callkoreanow.com., its parents, its subsidiaries,
its members, its partners, its joint venturers, its
affiliates, its suppliers, its licensors, its contractors, or
their respective agents or employees with respect to any
matter covered by the aforementioned disclaimers.
Disputes between YOU and any vendor mentioned
in the callkoreanow.com. Web Site should be addressed to and
taken up with the particular vendor and not with
callkoreanow.com.
Furthermore, YOUR acceptance of this
disclosure also indicates to callkoreanow.com. that YOU will in
no way use callkoreanow.com. as a mediator or witness in any
disputes between YOU and any vendor.
Further, you are also agreeing that if any
portion of this disclaimer is found by a court of competent
jurisdiction to be unconscionable, inapplicable or void, only
that portion of this disclaimer will be stricken and the
remaining portions shall be valid and binding.
THE FOREGOING WARRANTIES SET FORTH ARE
EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL
callkoreanow.com.,
ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS
JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS,
ITS CONTRACTORS OR THEIR RESPECTIVE AGENTS OR EMPLOYEES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE
OF OR INABILITY TO USE THE callkoreanow.com. WEB SITE OR ANY OF
THE COMPONENTS OF THE callkoreanow.com. WEB SITE, OR ANY PART
THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES,
OR MERCHANDISE PROVIDED ON OR THROUGH THE callkoreanow.com. WEB
SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR
TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER
CAUSE OF ACTION. IN THE EVENT callkoreanow.com. IS FOUND LIABLE
UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT,
callkoreanow.com.'s LIABILITY SHALL BE LIMITED TO THE LIABILITY
AS STATED IN THIS AGREEMENT.
12. Indemnification of callkoreanow.com. by
CUSTOMER.
Upon request of callkoreanow.com., YOU agree to
defend, indemnify, and hold harmless callkoreanow.com., its
parents, its subsidiaries, its members, its partners, its
joint venturers, its affiliates, its suppliers, its licensors,
its licensees, its agents, its contractors, or their
respective agents and employees, and all their respective
successors and assigns from all liabilities, claims, losses,
judgments, damages, and expenses, including, without
limitation, attorney's fees and costs of litigation, arising
from breach of this Agreement by use of, or in connection
with, the transmission by or through YOUR account of any
content or communications.
callkoreanow.com. reserves the right, at its own
expense and at its sole discretion, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by YOU hereunder, and in such event, YOU shall
have no further obligation to provide indemnification for such
matter.
YOU shall promptly notify callkoreanow.com. in
writing of any claim arising or potentially arising under this
indemnity.
13. Termination of Agreement.
Either YOU or callkoreanow.com. may terminate
this Agreement at any time. YOUR sole right with respect to
any dissatisfaction with any term of this Agreement, as
revised or amended from time to time, or callkoreanow.com.'s
performance of this Agreement is to terminate this Agreement
by notifying callkoreanow.com. in writing.
14. Alternative Dispute Resolution.
Except for the right of either party to apply
to a court of competent jurisdiction for a temporary
restraining order or preliminary injunction to preserve the
status quo ante bellum or prevent irreparable harm pending the
selection and confirmation of a panel of arbitrators, any
dispute arising under this Agreement shall be resolved through
a negotiation/mediation/ arbitration approach.
YOU and callkoreanow.com. agree first to try to
resolve the dispute informally between ourselves through
good-faith negotiations. If it proves impossible to reach a
mutually satisfactory solution to the dispute by negotiation,
then YOU and callkoreanow.com. agree to use mediation as
described below.
YOU and callkoreanow.com. agree to try to
resolve the dispute informally and in good faith with the help
of a mutually agreed-upon mediator. The mediator shall have
such qualifications and experience as YOU and
callkoreanow.com.
shall agree upon.
If YOU and callkoreanow.com. cannot agree upon
the choice of a mediator, then YOU shall submit to
callkoreanow.com. the names of three qualified candidates
acceptable to callkoreanow.com. to mediate the dispute between
us and callkoreanow.com. shall select as mediator one of those
three candidates whose names YOU have submitted to
callkoreanow.com.
Alternatively, if YOU cannot submit to
callkoreanow.com. the names of three qualified candidates to
serve as a mediator, then callkoreanow.com. shall submit to YOU
the names of three qualified candidates acceptable to
callkoreanow.com. to mediate the dispute between us and YOU
shall select as mediator one of those three candidates whose
names callkoreanow.com. has submitted to YOU.
The mediation shall be conducted in good faith
and on such terms and conditions as the mediator, YOU, and
callkoreanow.com. shall agree.
YOU and callkoreanow.com. shall each pay the
mediator one half of the fee for the mediator's services,
regardless of the outcome of the mediation.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, YOU and
callkoreanow.com. agree to submit the dispute to binding
arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association.
The arbitration may be conducted by one
impartial arbitrator by mutual agreement or by three
arbitrators if YOU and callkoreanow.com. are unable to agree on
a single arbitrator within 30 days of first demand for
arbitration. All arbitrators are to be selected from a panel
provided by the American Arbitration Association. The chair of
the arbitration panel shall be an attorney at law, and the
other arbitrators shall have a background or training either
in computer or Internet law, computer software, or Internet
telecommunications technology, the marketing of computer
software products, or electronic commerce conducted via the
Internet.
Upon request of either YOU or
callkoreanow.com.,
the arbitrators shall have the authority to permit discovery
to the extent they deem appropriate.
A court reporter shall record the arbitration
hearing and the reporter's transcript shall be the official
transcript of the proceeding.
The arbitrators shall have no power to add or
detract from the agreements of YOU and callkoreanow.com. and may
not make any ruling or award that does not conform to the
terms and conditions of this Agreement.
The arbitrators shall have the authority to
grant injunctive relief in a form substantially similar to
that, which would otherwise be granted by a court of law or
equity.
The arbitrators shall have no authority to
award punitive damages or any other damages not measured by
the prevailing party's actual damages.
Any damages awarded shall conform to the terms
and conditions of this Agreement.
The arbitrators shall specify in writing the
basis for any damage award and the types of damages awarded.
The decision of the arbitrators shall be final
and binding on the parties and may be entered and enforced in
any court of competent jurisdiction by either YOU or
callkoreanow.com.
The prevailing party in the arbitration
proceedings shall be awarded reasonable attorney fees, expert
witness costs and expenses, and all other costs and expenses
incurred directly or indirectly in connection with the
proceedings, unless the arbitrators shall, for good cause,
determine otherwise.
15. Consent to Jurisdiction; Venue.
Venue for mediation, arbitration, or
litigation of any dispute, controversy, or claim arising out
of, in connection with, or in relation to this Agreement, or
the breach thereof shall be proper only in a venue determined
by callkoreanow.com.
16. Choice of Law.
For all purposes, this Agreement shall be
deemed to have been made within the State of Florida. This
Agreement shall be governed by the laws of the United States
of America and the laws of the State of Florida, without
regard to Floridas' choice of law and conflicts of law rules,
and callkoreanow.com. and YOU each submit to the exclusive
jurisdiction of the Circuit Court of Cook County, Florida, or
to the United States District Court for the Northern District
of Florida, Eastern Division, should any claim or question
arise under Federal law or federal jurisdiction based upon
diversity of citizenship.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT TO THE CONTRARY, THE UNIFORM COMPUTER INFORMATION
TRANSACTIONS ACT ("UCITA") OR ANY SUCCESSOR MODEL ACT THAT IS
SUBSTANTIALLY SIMILAR TO THE APPROVED DRAFT OF UCITA APPROVED
BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE
LAWS (NCCUSL) ON OR ABOUT AUGUST 4, 1999, OR ANY STATE LAW
THAT IS SUBSTANTIALLY SIMILAR TO THE AFOREMENTIONED MODEL
UCITA OR SUCCESSOR LAWS, SHALL APPLY TO ANY TRANSACTION OR ANY
PART OF ANY TRANSACTION ARISING UNDER THIS AGREEMENT,
REGARDLESS OF ANY STATE IN WHICH UCITA MAY HAVE BEEN ENACTED
AT THE TIME SUCH TRANSACTION OR ANY PART OF SUCH TRANSACTION
PURSUANT TO THIS AGREEMENT SHALL HAVE OCCURRED.
17. Force Majeure.
callkoreanow.com. shall not be liable or deemed
to be in default for any delay or failure in performance under
this Agreement or interruption of service resulting directly
or indirectly from acts of God, civil or military authority,
acts of public enemy, war, riots, civil disturbances,
insurrections, accidents, fire, explosions, earthquakes,
floods, the elements, strikes, labor disputes, shortages of
suitable parts, materials, labor or transportation, magnetic
interference, interruptions of electrical power or other
utility service, unavailability of any telecommunications
service or connection to any telecommunications service, or
any cause beyond the reasonable control of callkoreanow.com.
18. Non-transferability of Right to Use
Service.
The rights to use the callkoreanow.com. Web Site
and YOUR account are not transferable. Accounts and access to
the callkoreanow.com. Web Site are for YOUR sole use. YOU shall
be responsible for the confidentiality of YOUR password.
Loaning YOUR account, user name, or password to other persons
is expressly prohibited.
Violation of those terms shall constitute
theft of callkoreanow.com.'s service and property and may be
prosecuted under civil and criminal law.
19. Notices Pursuant to this Agreement.
YOU agree to notify callkoreanow.com. if YOU
move or otherwise change YOUR postal or e-mail address or
phone number, and to list a truthful name, postal address, e-
mail address, and telephone number on all forms YOU supply to
callkoreanow.com.
YOU may notify callkoreanow.com. by regular
first class mail or by e-mail at support@callkoreanow.com.
callkoreanow.com. will notify YOU by e-mail at
the most current e-mail address YOU have provided to
callkoreanow.com. of any notices callkoreanow.com. is required to
provide to YOU under this Agreement. YOU are solely
responsible for ensuring that callkoreanow.com. has YOUR most
current e-mail address, and callkoreanow.com. shall not be
responsible for any lost, misdirected, bounced, forwarded, or
undeliverable e-mail callkoreanow.com. sends to the most current
e-mail address YOU have provided to callkoreanow.com.
20. Severability of Terms of this Agreement.
In the event that any portion of this
Agreement is held to be unenforceable, the unenforceable
portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of
the parties and the remainder of the provisions shall remain
in full force and effect.
21. No Waiver of Provisions of this Agreement.
callkoreanow.com.'s failure to insist upon or
enforce strict performance of any provisions of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between YOU and
callkoreanow.com.
nor any trade practice shall act to modify any provision of
this Agreement.
22. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
This Agreement may be modified only by a written instrument
signed by YOU and a duly authorized Officer or Manager of
callkoreanow.com. If e-mail is used for the writing, the
signatures shall be electronic digital signatures that are
publicly registered with a duly authorized certification
authority in the jurisdiction in which callkoreanow.com.
operates its business.
23. Limitation of Actions Arising Under this
Agreement.
All disputes arising under this Agreement
shall be resolved subject to the Alternative Dispute
Resolution provisions of this Agreement. Any cause of action
or dispute YOU may have with respect to callkoreanow.com.'s
performance or alleged non-performance of this Agreement must
be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is forever
barred. For purposes of the Alternative Dispute Resolution
provisions of this Agreement, the commencement to which this
paragraph refers is the date on which YOU notify
callkoreanow.com. in writing of a dispute.
24. Attorney's Fees and Costs in Litigation.
In any action between callkoreanow.com. and YOU
to enforce any of the terms of this Agreement,
callkoreanow.com.
shall be entitled to recover expenses from YOU, including, but
not limited to, reasonable attorney's fees.