Terms and Conditions

 

ParkNBlend Customer Opt-In Service Agreement

This is an agreement ("Agreement") between ParkNBlend ("we", "us" or "ParkNBlend") and you, an end user ("you" or "user") of ParkNBlend’s Number Parking and Forwarding Service (the "Service") as described herein. BY ESTABLISHING, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, YOU AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER THIS AGREEMENT AND BECOME BOUND BY ITS TERMS, INCLUDING THOSE PERTINENT TO THE PRICES, CHARGES, AND CONDITIONS PROVIDED TO YOU IN ASSOCIATION WITH YOUR ENROLLMENT, INCLUDING MARKETING MATERIALS AND THE PARKNBLEND WEBSITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. This Agreement governs the Service and any computer operating software enabling the Service (each alone or all collectively known as "Equipment") - website, or software used in conjunction with the Service.

Acknowledgement. You understand and acknowledge that ParkNBlend is not a traditional phone service and does not support 911 Emergency Dialing. These characteristics may make ParkNBlend unsuitable to some users. You should carefully evaluate your circumstances when deciding to activate ParkNBlend Service. You acknowledge that it is your responsibility to determine the technology or combination of technologies best suited to meet your emergency calling needs, and to make the necessary provisions for access to emergency calling services, such as maintaining a conventional phone line or wireless phone as a primary means of completing emergency calls. You also understand that ParkNBlend makes no warranty that the service will be uninterrupted, error free or meet the requirements and/or expectations of the subscriber. ParkNBlend is not responsible for any messages, calls or information that is lost or misdirected due to interruptions in the service, member portal or internet connection.

SERVICE DESCRIPTION

Service Requirements. The Service requires a Telephone number obtained through a third party that ParkNBlend can port into the ParkNBlend network. The Service also requires access to a computer with internet so the ParkNBlend features can be enabled and accessed. If you are planning to use ParkNBlend for number forwarding, a destination phone number is required. Since the Service depends on your computer, internet and destination phone number, ParkNBlend does not guarantee continuous availability. You acknowledge and understand that the Service features will not be accessible in the absence of a computer with internet. You also understand that ParkNBlend makes no warranty that the service will be uninterrupted, error free or meet the requirements and/or expectations of the subscriber. ParkNBlend is not responsible for any messages, calls or information that is lost or misdirected due to interruptions in the service, member portal or internet connection. ParkNBlend is also not responsible for any call quality issues that may be experienced on your handheld or headset.

Service Term for no contract products. The Service is offered on a month-to-month basis, beginning on the date the user signs up for Service, and automatically renews on a monthly basis. If you cancel Service prior to the end of a monthly term, you will not receive a prorated refund for the remainder of that month. You will be responsible for paying the month's charges through the date of cancellation. These charges will be billed directly to the Customer's credit card. Expiration of the term or cancellation of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. ParkNBlend customers are subject to all ParkNBlend billing procedures and practices.

Service Distinctions. The Service is not a telecommunications service, and important distinctions exist between telecommunications service and the Service. In addition, different regulatory treatment is applied to the Service as compared with telecommunications service, which may affect your rights before regulatory agencies.

Your Responsibility. You acknowledge and agree that you are fully responsible for all use on your account, and you accept full liability and responsibility for the actions of anyone who uses the Service via your account with or without your permission. You should safeguard your usernames and passwords. Some of your calls may be transmitted over the public Internet, and you acknowledge that you are aware that the Internet is not a secure network, and that third parties may be able to intercept, monitor, or corrupt information you transmit over the Internet.

USE OF SERVICE

Resale and Transfer. You are expressly prohibited from reselling or transferring the Service, and/or software to any other person for any purpose, without express written permission from ParkNBlend in advance.

Residential And Light Business Use. ParkNBlend service is intended for normal residential and light business use. You are expressly prohibited from using the service for continuous or extensive call forwarding or any other activity that results in excessive usage that is inconsistent with normal residential and light business usage patterns. Any usage inconsistent with ParkNBlend usage policies will be justification for immediate termination without notification or service modification. The customer will be responsible for any additional charges associated with the excessive or abusive usage.

Local Number Portability. If you transfer to ParkNBlend an existing phone number which is currently subscribed to a carrier, the following terms and conditions apply: (1) you hereby authorize ParkNBlend to notify your local telephone company of your decision to transfer your telephone number to ParkNBlend, and represent that you are authorized to take this action; (2) you acknowledge and agree that you must complete the signup process and submit the letter of authorization so that the number switch can begin; and (3) ParkNBlend has the right to refuse to import a number if, in its sole discretion, it does not have the infrastructure to support the number. You remain solely responsible for any charges you incur with the telephone company from which the number is being transferred during the period of the transfer, regardless of delays in completing the transfer caused by any reason by any party. You will also be responsible for the one time porting fee of $14.95 that will be collected in advance to process the porting of your number from your current provider to ParkNBlend.

Network Integrity and Security. You are expressly prohibited from any use of the Service or any other action that, in ParkNBlend’s sole discretion, is deemed to present a risk to the network integrity or security of ParkNBlend or its vendors, whether directly or indirectly. ParkNBlend, in its sole discretion, may terminate your Service without advance notice if it determines your actions could cause a network disruption or security breach.

Unlawful and Prohibited Use. You agree to use the Service only for lawful purposes. You are expressly prohibited from using the Service to transmit or receive any communication or material of any kind when in ParkNBlend's sole judgment the transmission, receipt, or possession of such communication or material would constitute, or encourages conduct that would constitute, a criminal offense, give rise to a civil liability, or otherwise violate any applicable laws. You acknowledge that neither ParkNBlend nor its vendors are responsible for the content of the transmission that may pass through the Service. You are expressly prohibited from using the Service or Equipment for any abusive or fraudulent purpose, including using the Service in a way that interferes with our ability to provide the Service to you or other customers or avoids your obligation to pay for communications services. ParkNBlend, in its sole discretion, may terminate your Service without advance notice if it believes you have violated the aforementioned restrictions, or if you act in a manner that is threatening, obscene, harassing, or abusive to ParkNBlend personnel. You are liable for any and all use of the Service by any person using the Service provided to you and agree to indemnify and hold harmless ParkNBlend against any and all liability for any such use. If ParkNBlend, in its sole discretion, believes that you have violated the aforementioned restrictions, ParkNBlend may forward personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

Tampering. You agree not to disrupt the Service or make any use of the Service that is inconsistent with its intended purpose or to attempt to do so. ParkNBlend, in its sole discretion, may terminate your Service without advance notice should you tamper with the Service.

Copyright, Trademark, and Unauthorized Use. The Service and any software or programs used to provide the Service or provided to you in conjunction with providing the Service, and all information, documents, and materials on ParkNBlend's website are protected by copyright, trademark, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of ParkNBlend are and shall remain the exclusive property of ParkNBlend and nothing in this Agreement shall grant you the right or license to use such Marks. You acknowledge that you are not given any license to use the software used to provide the Service or provided to you in conjunction with providing the Service, other than a nontransferable, revocable license to use such software strictly in accordance with the terms and conditions of the Agreement, and that the software and programs are exclusively for use in connection with the Service.

Audit and Law Enforcement. ParkNBlend reserves the right to audit your use of the Service to enforce the provisions of this Agreement. ParkNBlend reserves the right to track and monitor your Service and usage subject to the requirements of the United States Patriot Act and other laws and appropriate law enforcement processes. You acknowledge and agree that this Agreement is sufficient notice to you of such monitoring to the extent any notice is required under applicable federal or state law.

CHARGES AND PAYMENTS

Billing. You must provide a valid credit or debit card number pursuant to procedures specified on the ParkNBlend website, when the Service is activated. You authorize ParkNBlend to charge automatically to your credit or debit card any amounts payable by you in connection with your use of the Service. Your right to use the Service is subject to any limits established by your credit or debit card issuer or bank. Your charges/payments and credits issued will appear on an online billing statement that you may access from the ParkNBlend website. You give ParkNBlend permission to obtain authorization for use of your credit or debit card from your card issuer. If the card expires, you close your account, your billing address changes, or your card is cancelled and replaced owing to loss or theft, you must advise ParkNBlend at once and provide ParkNBlend with updated, valid, unexpired billing information to pay your monthly invoices. It is your obligation to ensure that the account you provide to ParkNBlend has a sufficient balance or available credit to pay your ParkNBlend fees. Initial use of the Service authorizes ParkNBlend to charge the card account number or debit the checking account on file with ParkNBlend, updated by any changed information related to card expiration, replacement, or substitution. This authorization remains valid until 90 days after ParkNBlend receives your notice to terminate ParkNBlend's authority to charge your card or debit your checking account, whereupon ParkNBlend will charge you for any outstanding charges and terminate the Service. ParkNBlend bills all charges and applicable taxes and fees monthly in advance to your card, or, if applicable, debits them from your checking account. ParkNBlend reserves the right to make this charge up to five (5) days in advance of your billing date if necessary. At its sole discretion, ParkNBlend may choose to not bill you for a small monthly balance and instead allow that balance to roll into your next month's charges, at no additional cost to you. ParkNBlend is not responsible for any overdraft or other charges imposed by your card issuer or bank due to insufficient funds in your account. All charges will be billed or debited according to the rates and terms set forth in published materials and found on the ParkNBlend website. Should you choose to cancel service after your billing anniversary date ParkNBlend is not responsible for providing any prorated refund. ParkNBlend does not prorate monthly service fees at any time. The service activation fees are non-refundable upon service cancellation since costs are incurred to setup service for you.

Commencement of Billing. You understand that you are responsible for any configuration of the Service once your ParkNBlend account has been established. You are encouraged to set up your Service as soon as possible in order to take full advantage of your Service period. You will be responsible for full payment for the charges on your ParkNBlend bill even if you do not promptly use the Service since your Service is considered active once you complete the on-line Service activation process at the ParkNBlend website.

Price and Rate Changes. Prices and charges relating to the Service are posted on the ParkNBlend website. We may change the prices and charges for the Service from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Service are effective no sooner than seven (7) days - after posted on the ParkNBlend website or you are otherwise notified of the changes.

Failure to Pay. We may suspend, restrict, or cancel the Services and this Agreement if you do not make payments for current or prior bills by the required due date. We may also take appropriate steps or require you to take certain action when you or ParkNBlend are or have been the target of fraud related to your account, including temporary suspension or termination of your account. Service suspension or cancellation will result in your loss of the number associated with the Service.

Late Payment Charge. We may add interest charges to any past-due amounts at the lower of 1.5% per month or the maximum rate allowed by law, prorated for each day payment is past due. Acceptance of late or partial payments (even if marked "Paid in Full" or with other restrictions) shall not waive any of our rights to collect the full amount of your charges for the Service. You agree to reimburse us for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through your credit or debit card or debited from your checking account, due to insufficient funds or for any other reason, we will charge you an additional $15.00. If the state where you receive the Service requires a different fee, we will charge you that amount.

Service Interruption. You acknowledge and agree that credit allowances for interruption of the Service will not be provided.

Billing Disputes. In order to dispute any charges on your ParkNBlend bill, you must notify the ParkNBlend Billing Department within sixty (60) days of the date of the charge. All charges after this 60 day period are considered final and indisputable. All disputes within the period must be submitted directly to the ParkNBlend Billing Department since doing a chargeback through your credit card company will result in immediate termination of your service. The processing times within our billing department for handling the disputes are between 7 and 14 business days.

SERVICE CANCELLATION

You may cancel your Service at any time by emailing the ParkNBlend sales department at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . ParkNBlend will only accept cancellation emails from the account holder. A third party cannot cancel your account on your behalf. You acknowledge that your ParkNBlend account will not close automatically if you port your number to another service provider, and it is your responsibility to contact ParkNBlend to ensure your account has been closed. You remain fully liable for accrued charges and fees outstanding at the time of termination, and you authorize ParkNBlend to process these amounts to your credit or debit card. Upon cancellation of service, you also remain liable for the service charges for the current 30 day billing cycle based on the date of your cancellation. If you cancel service prior to your monthly billing cycle date, you will not receive a prorated refund for the remainder of the month. Service activation and LNP fees are not refundable.

INDEMNIFICATION

You agree to defend, indemnify, and hold ParkNBlend, its affiliates, and agents and any other service provider who furnishes services to you or enables us to furnish services to you in connection with this Agreement or the Service, harmless from claims or damages relating to or arising out of the Service or it’s installation.

You agree that ParkNBlend should not be and is not responsible for any third party claims against us that arise from your use of the Service. Further, you agree to reimburse us for all of our costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based on our willful misconduct or gross negligence. Notwithstanding the foregoing, your indemnification obligations related to 911 emergency dialing are more expansive, as described above.

LIMITATIONS OF LIABILITY

BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF PARKNBLEND SERVICE DESCRIBED HEREIN.


PARKNBLEND'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF PARKNBLEND RELATED TO THIS AGREEMENT SHALL BE LIMTED TO ACTUAL DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY, OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY PARKNBLEND'S GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION. PARKNBLEND AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, DATA, OR PERIPHERALS. FURTHERMORE, IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF PARKNBLEND OR ITS AFFILIATES ARISING WITH RESPECT TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID UNDER THIS AGREEMENT BY YOU TO PARKNBLEND IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM.

WARRANTY LIMITATIONS

PARKNBLEND MAKES NO WARRANTIES OF ANY KIND REGARDING THE SERVICE AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTIES THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO PARKNBLEND EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

DISPUTE RESOLUTION BY BINDING ARBITRATION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.

Any dispute or claim between you and ParkNBlend arising out of or relating in any way to the Service provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. Without limiting the foregoing, the parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.

NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES OR ATTORNEYS' FEES. YOU AND TELEBLEND BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.

The arbitration shall be conducted in English in the state of Vermont and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or ParkNBlend may seek any interim or preliminary relief from a court of competent jurisdiction in the state of Vermont, necessary to protect the rights or property of you or ParkNBlend pending the completion of arbitration.

YOU ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

MISCELLANEOUS

General Provisions. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement. Failure by ParkNBlend to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. This Agreement, and all other aspects of the use of the Service and the ParkNBlend website, shall be governed by and construed in accordance with the laws of the state of Vermont, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use or pay for the Service. This Agreement constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements, or proposals concerning the Service, including representations, whether written or oral. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor ParkNBlend is relying on any representations or statements by the other party or any other person that are not included in this Agreement. If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Events Beyond Our Control. ParkNBlend will not be responsible to you for any delay, failure in performance, loss, or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.

Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Service without our prior written consent.

Privacy. ParkNBlend Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. ParkNBlend is not liable for any lack of privacy which may be experienced with regard to the Service. In addition, ParkNBlend will provide personally identifiable customer and call detail information in response to lawful government requests, subpoenas, and court orders, as well as law enforcement requests. Please refer to our Privacy Policy applicable to you on the ParkNBlend website for additional information.

Notices. ParkNBlend primarily communicates with users of the Service via e-mail. Email from ParkNBlend is used to communicate important information about the Service, including billing and changes to the Service, much of which is time-sensitive. You acknowledge that e-mail from ParkNBlend constitutes official notice from ParkNBlend and that you are required to read in a timely manner all e-mail messages sent to the email address specified by you at the time of registration for the Service in order to avoid any potential disruption of the Service. You also acknowledge that you are responsible for notifying ParkNBlend of any changes in your email address.

Survival. The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations, billings, and your obligations to pay for the Service provided, including any additional usage charges, shall survive any termination of this Agreement or termination of the Service.

Non-Waiver. Failure by ParkNBlend to insist upon strict performance of any terms or conditions of this Agreement or failure or delay to exercise any rights or remedies provided herein or by law shall not release you from any of the warranties of obligations of this Agreement, and shall not be deemed a waiver of any right of ParkNBlend to insist upon strict performance hereof or any of its rights and remedies.

Changes to this Agreement. ParkNBlend may change this Agreement from time to time. Any changes will be posted at the Terms of Service section of the ParkNBlend website, currently located at www.parknblend.com. Notice will be considered received by you and any such changes will become binding and effective on the date the changes are posted to the ParkNBlend website, except in the case of changes to the prices or charges, when we will comply with our notice commitments described above. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICE AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS, OR CONDITIONS, YOU AGREE TO THE CHANGES. The Agreement as posted supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of the Equipment and any terms provided to Retail Customers.

Updated: October 2010