Multicomm

Direct to Consumer U.S. Website and App

As of March 27, 2017

Terms of Use for

Telecommunication Products and Services Provided by Digital Comm Inc.

1. Introduction

Welcome to Multicomm from Digital Comm Inc. and its affiliated companies (“DCI” or “we” or “us”). On this website and/or through our authorized Multicomm retailers we provide our U.S. consumers with the following telecommunication products and services (collectively, the “Services”):

  • DCI’s prepaid, pin-less, telecommunication service which enables consumers to make U.S. domestic and international calls Multicomm Pinless (“MC Pinless”); and
  • DCI’s pre-paid “top up,” telecommunication service, which enables U.S. consumers to load funds to an international mobile phone.
  • MC Pinless can be accessed via your mobile device through our Multicomm Mobile Application (the “App”).
  • Please read these terms of use carefully as this is a legal agreement between you and DCI governing your purchase and use of the Services, as well as your use of the Multicomm website www.multi-comm.us (the “Website”) and the App. By purchasing or using any of the Services, accessing the Website or the App or creating a Multicomm User Profile you acknowledge and agree that you have read, understood and have agreed to be bound by these terms of use, including any future modifications (collectively, the “User Agreement”).
  • The following terms are incorporated into this User Agreement:
    • Our Rewards Program Terms and Conditions, which can be found at www.multi-comm.us/terms;
    • Our Privacy Policy, which can be found at www.multi-comm.us/privacy;
    • Any license you are required to agree to in order to download, install and use the App;
    • Any other terms and conditions for a particular Service that are posted on the Website or in the App, including any price or charge for any Service; and
    • Any disclosures, limitations or other information provided with, or printed on, any materials associated with the Services.

DCI reserves the right to update or revise this User Agreement at any time without prior notice. Please check the User Agreement periodically for changes. Please check the Website periodically for changes. Your continued use of a Service, the Website or the App following the posting of any changes constitutes acceptance of those changes. If you do not agree with the terms of this User Agreement, then you should not purchase or use any of the Services, access the Website or App, or create a Multicomm User Profile. If there is any conflict between the terms of this User Agreement and the terms contained on the Website, in the App or in any materials regarding any of the Services, then the terms of this User Agreement will control. This User Agreement governs your purchase and use of a Service whether you purchased the Service at a retailer location, online at the Website or through the App (if available). DCI or its affiliates may offer other products or services on the Website and those other products and services are subject to different terms and conditions, which can be found on the Website.

2. User Profile and Personal Information

2.1 User Profile. In order to purchase and use any of the Services, whether from the Website, in the App or at an authorized Multicomm retail location, you must create a Multicomm User Profile (“User Profile”). Your User Profile must contain your name, email address and mobile number. If you purchase any of the Services from the Website, you will be required to choose a password for your User Profile and DCI will verify your email address.

2.2 Personal Information. You agree and confirm that the personal information that you provide to us shall be accurate, current and complete in all respects. You agree to promptly update such information to keep it accurate, current and complete. You give us permission to verify all information you provide, including your email address and credit or debit card information. DCI reserves the right to suspend or terminate your Services if any information provided to us proves to be inaccurate, not current or incomplete.

2.3 Personal Data. From time to time, DCI may request information from you for the purpose of supplying Services to you. You agree that DCI may collect from you and use technical data and related information, including but not limited to, information about your phone, system and application software that is gathered periodically to facilitate the provision of the Services. We may use this information to improve the provision of the Services to you. We may also share the information with our affiliates or third parties for general marketing and administration purposes. By purchasing or using any Service you acknowledge that we may use and/or disclose your personal information to select third parties for the purposes of providing and operating such Service. You should also note that our communications with you, including phone conversations and emails, may be monitored and recorded by us for quality assurance or for legal, regulatory or training purposes. We may contact you during and after the term of your relationship with us in order to administer, evaluate and maintain any Service. Any personal data collected shall be subject to the terms of our Privacy Policy, which can be found at www.multi-comm.us/privacy.

3. DCI’s Role in Offering the Services

Our third party service providers provide the telecommunication services underlying MC Pinless.

4. MC Pinless Service

4.1 Opening a MC Pinless Account. To purchase and use MC Pinless you must create and fund an Account (“Account”). An Account can also be created with promotional balance. An Account means a 10 digit unique account number corresponding to your mobile or landline phone number, or such other number provided by DCI (each an “ANI”), which must be funded by you to purchase and use an Account. You can open an Account on the Website, through the App or at authorized retail locations. All requests to open or fund an Account are subject to acceptance by DCI. If you successfully open an Account, we will send you a confirmation message with your security code (“Security Code”) and other important instructions. The confirmation message will be sent either by SMS to the phone number you requested DCI to register or delivered by our automated Interactive Voice Response (“IVR”), which will automatically dial that phone number. You must at all times keep your Security Code confidential and secure, and you must tell us immediately if your security code is disclosed to any unauthorized person. We may disclose any information in connection with your Account to anyone who correctly quotes your Security Code, web password or security question.

4.2 Using MC Pinless. You can use MC Pinless either on a pay-as-you-go basis. You can use MC Pinless on a pay-as-you-go basis with your Account. All of the terms and conditions in this Article 4 relating to MC Pinless apply to your use of MC Pinless on this basis. Using MC Pinless on a pay-as-you-go basis gives you a limited right of use to MC Pinless for a period of one year from your last usage or recharge, except as provided by applicable law. Any amounts allocated to your Account may be applied only toward the use of MC Pinless and are not redeemable for cash. DCI may offer one or more pay as you go plans that may offer lower rates to certain countries. You can call any destination serviced by MC Pinless by funding your Account. DCI may discontinue or change the discounted countries in a Paygo Plan at any time.

4.3 Funding Your Account. You can add funds to your Account by (1) purchasing a top-up card (voucher) at authorized Multicomm retailers, (2) providing cash at an authorized Multicomm retailer, or (3) recharging via the Website, IVR or in the App. Your ANI will be automatically recognized by DCI’s systems. Funding your Account on a pay-as-you-go basis gives you a limited right of use MC Pinless for a period of one year from your last usage or recharge, except as provided by applicable law. Amounts deposited into yourAccount have no cash value and may not be refunded.

4.4 Payments. Acceptable forms of payment for MC Pinless include credit card, debit card, cash (in store), and any other form of payment DCI may authorize in the future. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged using your debit or credit card on file (or ACH, if and when available) with a certain pre-selected amount determined by you. When you fund your Account by credit or debit card sometimes only part of the value requested will be available for your immediate use. In such cases, the remaining balance of any such funds will only be available for you to use once your payment details are authenticated and payment is actually taken. Upon receipt all payments become the property of DCI and you have a corresponding limited right of use to MC Pinless for a period of one year from your last usage or recharge. We do not waive our right to collect the full amount due if your form of payment is cancelled, disabled, discontinued or otherwise dishonored after your use of the Service. All payments must be made in U.S. dollars.

4.5 Charges.

A. The charges for any specific call placed with MC Pinless consist of a per minute rate to the destination called plus any applicable taxes and charges. The Website contains the per minute rates and other charges for using MC Pinless, including any pay-as-you-go plan (if available). The rate per minute for calls made from 800 access are billed at an additional rate that may vary based on location please check our website for more information. The charges incurred will be automatically deducted from the balance in your Account.

B. General. All charges, including the per minute rate and fees, are shown and billed in U.S. dollars. You may contact DCI’s Customer Service Representatives at info@multi-comm.us if you have any questions about MC Pinless, including the U.S. domestic or international long distance rates associated with MC Pinless. You agree that by continuing to use MC Pinless following a change in the rates or charges, you accept such adjustments. DCI may change the per minute rates and other charges (or add additional charges) associated with MC Pinless at any time without prior notice, and such changes will be effective from the time they are posted to the Website or App.

4.6 Cell Phone Use. When dialing an access number for MC Pinless from a cell phone, DO NOT PRESS “SEND” again after entering your destination number as this might result in additional charges from your wireless provider. Rather, you should wait for MC Pinless to commence automatically after dialing the destination number. When using MC Pinless with the App make sure that you are in the App before commencing your call or you may be charged by your mobile carrier. DCI is not responsible for any costs incurred by you if you incorrectly use MC Pinless, including without limitation cell phone provider charges and/or any landline charges.

4.7 Account Limitations. DCI may, in its sole discretion, limit the number of Accounts you can open and/or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open an Account and reserve the right to close any Account (with a corresponding refund) if the number of your accounts exceeds any limit which we impose. You may add additional phone numbers to your ANI, but we reserve the right to impose any limit on such creation of additional phone numbers. DCI may also limit the amount of balance you can add to a Account on any day and any transaction that exceeds that limit will be canceled.

4.8 Refunds. You have no right to a refund for amounts added to your Account or for any unused balance. Amounts added to your Account and any unused balance have no cash value.

4.9 Credits for Interruptions. If an interruption or failure of MC Pinless is caused solely by us and not by you or by a third party or by other causes beyond our reasonable control, you may be entitled to a credit to be applied to your Account balance to be used on a pay-as-you-go basis. To request a credit, you must contact Customer Service by phone, in writing or email to info@multi-comm.us. DCI reserves the right to refuse a credit request if it reasonably believes (a) that you are trying to unfairly exploit this credit policy, (b) you have breached this User Agreement or (iii) that you are using MC Pinless fraudulently or that your Account is being used fraudulently by a third party. Credits will not be provided in cash for any reason.

4.10 Roaming Charges. You may also have to pay additional roaming charges to your mobile carrier if you connect to MC Pinless while you are in a location where your mobile carrier does not have its own facilities (and your call roams on a third party’s facilities) and/or a country that is not the country associated with your mobile carrier account. Roaming charges are charged in addition to any DCI charges you may incur when connecting to or using MC Pinless from another country.

4.11 Accounting Errors. If you believe that DCI has charged you in error, you must submit a written request for a refund by contacting Customer Service by mail or email to info@multi-comm.us within 90 days after the date the error first appears in your Account or within 120 days after the error occurred, whichever is the earlier. No refunds will be given for any charges beyond these time limits.

4.12 Promotional Offers. From time to time, DCI may offer MC Pinless for free for a trial period or offer other promotions related to MC Pinless. DCI reserves the right to restrict these promotional offers to certain users, or place other restrictions or conditions on such offers. DCI also reserves the right to stop any promotional offer or to prohibit a user from continuing to use MC Pinless if DCI determines that a user is abusing the terms of the offers. DCI reserves the right to expire and remove any promotional balance from Accounts with no usage for one year or more.

4.13 No Emergency Calls. MC Pinless does not and is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any type of emergency services of any kind and DCI is not liable in any manner for such calls.

4.14 No SMS, MMS or FAX Messages. MC Pinless does not include the ability to send messages via SMS, MMS or FAX.

4.15 Termination of Right of Use.

A. Pay As You Go. Your right of use in your Account and to MC Pinless will terminate one year from your last usage or recharge, except as provided by applicable law.

B. General. DCI reserves the right to extend or grant additional rights of use to MC Pinless in its sole discretion.

4.16 Certain Features and Functionality.

A. App-to-App Calls and Messaging. The App-to-App messaging Service (“App-to- App”), if and when available, allows users of the App to make free calls or send free messages to other users of the App. In order to use App-to-App both parties must have the latest version of the App and communicate via either a data or WiFi connection. DCI does not charge for any call made or message sent using App-to-App. We will not be liable for any charges payable to your mobile provider or any third party arising from your use of App-to-App.

B. Multicomm Fund Share. The Multicomm Fund Share Service (“Fund Share”), if and when available, allows users of the App to fund (i.e., top up) another user’s Account, including an Account of a person residing outside the United States. Senders can pay using any funding method available in their country, including payment through the App using a credit or debit card or their applicable App Store account. Alternatively, the sender can send a portion of his/her current Account balance that was previously purchased at an authorized Multicomm retailer. Users can fund an Account in any country in which the App is offered. DCI does not charge any fees to use Fund Share. All top up amounts are denominated in U.S. dollars (USD$).

5. General Terms for All Services

5.1 Use of Services. DCI grants you a limited, non-exclusive, non-transferable right of use to the Services subject to your compliance with this User Agreement. In exchange for your payment, DCI will provide you a right of use to the applicable Service in accordance with this User Agreement subject to availability. We make no representation that any of the Services are available for use in any particular location. To the extent you choose to access a Service, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will we be liable for the removal or disabling of access to any Service. We may also impose limits on the use of or access to any Service without notice or liability.

5.2 Your Device. You are responsible for all actions that take place as a result of access to or use of any Service and your Account whether the access was made by you or by a third party using the Service, your Account, or your mobile or landline phone (your “Device”). If your Device is stolen or if you become aware of unauthorized use of any Service you must notify us immediately to suspend the Service. You are responsible for all usage of the Services and charges until the Service is suspended. You are responsible for preventing the unauthorized use of your Service, and you are responsible for any reduction in value of your Account arising out of either authorized or unauthorized use.

5.3 Prohibited Uses. You expressly agree to use the Services, the Website and the App solely for lawful purposes. You agree not to use any of the Services, the Website or the App for any unlawful, abusive, or fraudulent purpose, including without limitation:

  • interfering with our ability to provide the Services to you or to other customers;
  • violating applicable law, this User Agreement or DCI’s Rewards Program Terms and Conditions;
  • avoiding your obligation to pay for the Services;
  • using the Services other than for personal, consumer use;
  • intercepting any communication which is not intended for you;
  • sending any unsolicited commercial communication; or
  • submitting or exposing to any third party any material that infringes any third party’s intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in DCI’s sole discretion.

Furthermore, you agree not to use the Services, the Website or the App in any way that: (i) could damage, disable or overburden any DCI server or facility, or the networks connected to any DCI server or facility, (ii) interferes with any other party’s use and enjoyment of the Services, or (iii) could damage DCI’s business, reputation or employees. You agree not to resell or commercialize any of the Services whether for profit or otherwise.

5.4 Submission of Information to DCI. If you send any messages or post any information to DCI on the Website, with or through the Services, through social media third party sites or otherwise provide feedback to DCI, you are granting DCI a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use the information in the course of offering the Services. Furthermore, DCI retains the right to reformat, excerpt, or translate any information or materials submitted by you to DCI. DCI reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in DCI’s sole discretion.

5.5 No Warranties. You expressly acknowledge that (a) your use of the Services, the Website, the App and any content therein (collectively, “Content”) is at your sole risk and (b) the Services, Website, App and all Content are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. DCI does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Services, Website, App, Content or the telecommunication services underlying the Services or any DCI product associated with the Services, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release DCI from all such warranties of any nature. Without limiting the foregoing, DCI makes no warranty or representation that the Services, Website, App, Content or the telecommunication services underlying the Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error free or free of viruses or other harmful components or that any defects will be corrected. DCI does not warrant any quality of calls made through the Services. DCI may choose not to provide Services to countries or calling areas at its sole discretion. The Services do not include the connection from your Device or network to our network. We do not authorize anyone, including but not limited to DCI agents and employees, to make any warranties on our behalf and you should not rely on any such statements. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to you. For the purposes of this paragraph, “DCI” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees. This provision will continue to remain in force after this User Agreement expires or is otherwise terminated. Since the Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruptions and you may experience some disruptions in the Services (e.g., packet loss and delay). Additionally, you also understand that calls to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. DCI will not be liable for any disruption, delays, eavesdropping or other omissions in the Services. DCI takes no responsibility for any disruption, interruption or delay in the Services caused by any failure of or inadequacy in any items over which it has no control.

5.6 Suspension of Service. DCI may immediately suspend, cancel, modify or restrict the Services or your use of the Services and/or your Account, all without advance notice or liability, if:

  • you violate this User Agreement or DCI’s Rewards Program Terms and Conditions;
  • we reasonably believe that you or someone else (through your User Profile or Account) is fraudulently or unlawfully using the Services, including fraudulent calling patterns, excessive usage or billing irregularities;
  • we reasonably believe that you or someone else (through your User Profile or Account) is abusing the Services, including misuse of service promotions;
  • your form of payment for the Services is cancelled, disabled, discontinued or otherwise dishonored after funding;
  • DCI needs to perform maintenance on or upgrade the Services, Website, App or the underlying infrastructure that enables you to use the Services, Website or App (you will not be entitled to claim damages for any such suspension or limitation of use); or there is a determination by any governmental authority that the provision of any of the Services is contrary to any law, rule or regulation. You hereby agree to pay any and all outstanding charges for the Services and to reimburse us for any reasonable cost we incur in securing your payment, including, but not limited to, attorneys’ fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment you may use and/or may refuse to provide the Services to you, if any of your previous payments have failed to result in DCI’s receipt of the entire amount payable to us in connection with such payment.

5.7 Communication. The content of the communications made using the Services is entirely the responsibility of the person from whom such content originated. You may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. DCI will not be liable for any type of communication spread by means of the Services.

5.8 Indemnification. You agree to indemnify, release and hold DCI harmless from any and all liability, losses, damages or claims of any kind resulting from or arising out of your (a) use of the Services, Website, App and Content, (b) breach of this User Agreement, or (c) violation of another person’s or entity’s rights. In addition, you agree that DCI shall not be responsible for any third party claims against you that arise from your use of the Services, Website, App and Content and you agree to reimburse DCI for all costs and expenses related to the defense of any such claims, including reasonable attorneys’ fees, unless such claims are based upon our intentional misconduct. This section will survive the expiration or termination of this User Agreement. For the purposes of this paragraph, “DCI” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

5.9 Limitations of Liability. DCI is not liable to you or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Services, Website, App, Content and/or the telecommunication services underlying the Services, including without limitation any personal injury, actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or we were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. DCI is not liable for failures, outages, interruptions, equipment failures or acts or omissions of third parties regarding or related to the Services. DCI will not be liable for any damages if the telecommunication services underlying the Services are interrupted, or if there is a problem with the interconnection of the Services with the service, products or equipment of some other party. This section will survive the expiration or termination of this User Agreement. Because some jurisdictions do not permit these exclusions or limitations, DCI’s liability in such jurisdictions shall be limited to the extent permitted by law. For the purposes of this paragraph, “DCI” includes our parent companies, subsidiary companies and affiliated legal entities, and all their directors, officers, agents, licensors and employees. Notwithstanding anything in this User Agreement to the contrary and should any provision of this User Agreement limiting DCI’s liability not be enforced, DCI’s total liability to you in connection with this User Agreement shall not exceed in the aggregate the amount paid by you for the applicable Service in the 12 month period immediately prior to the date of the event giving rise to the claim, subject to a maximum of $1,000.00 in all cases.

5.10 Termination. You may terminate your relationship with DCI at any time by ceasing to use the Services, Website and App and cancelling any recurring payments. DCI may terminate its relationship with you, or may terminate or suspend your use of the Services, Website, App and/or your Account at any time if:

  • if you violate this User Agreement or DCI’s Rewards Program Terms and Conditions;
  • if we reasonably suspect that you are using the Services, Website, App, or your Account to break the law or infringe a third party’s rights;
  • if we reasonably suspect that you are trying to unfairly exploit or misuse any of our policies;
  • if we reasonably suspect that you are using the Services, Website or App fraudulently or that your Account is being used fraudulently by a third party;
  • on 30 days’ notice;
  • immediately if required due to a change in any applicable law or by any of DCI’s partners; or
  • on 30 days’ notice if we decide to cease offering the Service you use to users in your jurisdiction generally.

Upon termination: (a) all licenses and rights to use the Services, Website, App and Account shall immediately terminate; and (ii) you will immediately cease any and all use of the Services, Website, App and your Account. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this User Agreement for all purposes.

6. Website Terms of Use

6.1 Website Transactions. We reserve the right to refuse any order or transaction you place with us. We may, in our sole discretion, limit or cancel transactions on a per person, per household, per telephone number or per order basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel a transaction, we will attempt to notify you by contacting the e- mail and/or billing address/phone number provided at the time the transaction was made. We reserve the right to limit or prohibit transactions that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.2 Right to Change Website. We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Website or any Service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party for any such actions.

6.3 Rules of User Conduct. You expressly acknowledge and agree not to use the Website for any unlawful, abusive, or fraudulent purpose and to abide by all of DCI’s rules of user conduct. You agree that by (a) using the Website or any Service or (b) posting information in or otherwise using any communications service, chat room, virtual television channel, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website, you will not upload, post, or otherwise distribute or facilitate the distribution of any content (including text, communications, software, images, sounds, data, or other information) that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates the User Agreement;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, unsolicited text or SMS messages, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • impersonates any person or entity, including any employee or representative of DCI. You also agree that you will not harvest or collect information about the users or members of the Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or other forms of communication. You further agree that you will not knowingly solicit or collect personal information from a child thirteen years old or younger without appropriate prior verifiable parental consent. DCI generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Website. However, DCI and its agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with the terms of the User Agreement or is otherwise harmful, objectionable, or inaccurate. DCI is not responsible for any failure or delay in removing such content.

6.4 Intellectual Property. The Multicomm name and associated logos, the software and technology underlying the Multicomm platform, and all registered or unregistered trademarks, service marks, logos, patents, patent applications, proprietary information, registered or unregistered copyrights and all other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Services, the App, the Website and the Multicomm platform and the products or services now or hereafter owned, created or provided by DCI (collectively, the “DCI IP”), are owned, controlled or licensed by DCI. In addition, all materials on the Website or in the App, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Web Content”), are owned, controlled or licensed by DCI. You have no rights in or to the DCI IP or the Web Content and you may not use the DCI IP or the Web Content in any manner without the prior written consent of DCI. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the DCI IP or the Web Content. The DCI IP and the Web Content are intended to promote DCI’s products and services available in the United States. One or more patents may apply to the Website, the App or the Services.

6.5 Third Party Sites. The Website may produce automated search results or otherwise link you to other sites on the Internet. These other sites are not under the control of DCI or its affiliates and you acknowledge that neither DCI nor its affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such other sites. These sites may contain information or material that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of the site by DCI or any association with its operators.

6.6 Procedure for Making Claims of Copyright Infringement. DCI, its subsidiaries and affiliate companies respect the intellectual property of others, and we ask our content providers and those posting materials to the Website to do the same. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please let us know right away by providing our copyright agent with the following information:

  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  • a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
  • identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
  • identification of the URL or other specific location on the Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);
  • your name, address, telephone number, and email address;
  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the Website can be reached as follows:

Multicomm

c/o Digital Comm Inc.

2331 W. Lincoln Avenue, Suite 100

Anaheim, California 92801

Attn: Carlos Humphrey

6.7 User Submissions. DCI is pleased to hear from users and welcomes your comments regarding our Services. Our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by DCI or its employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example sweepstake entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that DCI may, at any time, without restriction, edit, copy, publish, distribute, translate, display, perform and otherwise use in any medium any Comments. DCI is and shall be under no obligation (a) to maintain any Comments in confidence, (b) to pay compensation for any Comments or (c) to respond to any Comments. DCI has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead DCI or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. DCI takes no responsibility and assumes no liability for any Comments posted by your or any third party.

6.8 International Use. DCI makes no representation that materials on the Website are appropriate or available for use in locations outside the United States. Accessing such materials from territories where their content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.

6.9 Termination. DCI reserves the right, in its sole discretion, to terminate a person’s access to all or part of the Website, with or without notice.

7. General Provisions

7.1 Taxes. You are responsible for and must pay any applicable taxes in connection with your purchase and use of any the Services.

7.2 Electronic Communications. Unless otherwise required by applicable law, you authorize DCI to send or provide the following categories of information (“Communications”) by electronic means and not in paper format: (a) this User Agreement and any amendments, modifications or supplements to it; (b) your purchase and use records regarding Service transactions; (c) any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by U.S. federal, state, local or other applicable law; (d) any customer service communications, including without limitation, communications with respect to claims of error or unauthorized use of the Services; and (e) any other communication related to the Services, a transaction or DCI. Electronic means may include email, SMS/MMS, App to App, text, push notification through the App, Website chat with customer service, or posting in the App or on the Website. Message and data rates may apply when you receive SMS/MMS, text or push notification messages on your mobile phone. You may withdraw your consent to receive all Communications electronically (except for App to App messages from DCI) at any time. In order to withdraw your consent, you must contact us. In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) a mobile number and the capability to receive messages from or on behalf of DCI, and (iii) a device and data or Internet connection capable of supporting the foregoing.

7.3 Consent to Receive Messages. By using any of the Services, you consent to receive SMS/MMS, push notifications through the App, App to App messages, text messages and/or email messages from DCI and its affiliates regarding account management activities and special offers. This consent is specific to the phone number(s) you provide to us to use the Services and open accounts. Message and data rates may apply when you receive SMS/MMS, text or push notification messages on your mobile phone. You may refuse to consent to receive calls and texts from DCI and its affiliates that require your consent, including autodialed, pre-recorded or artificial voice telemarketing calls. You may also withdraw your previously given consent to receive such calls and texts. Your ability to manage and use certain features of the Services could be limited if you refuse or withdraw your consent to receive these messages.

7.4 No Third Party Rights. The provisions of this User Agreement are for the benefit of you and DCI and not for the benefit of any third party.

7.5 Acts Beyond Our Control. DCI will not be in breach of this User Agreement or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control, including without limitation, 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 and acts of regulatory or governmental agencies.

7.6 Assignment. This User Agreement is personal to you and you may not assign or transfer it or your rights or obligations to any other person without DCI’s prior consent. We can assign all or part of our rights or duties under this User Agreement without prior notice. If we elect to make such an assignment, we will have no further obligations to you under this User Agreement or in connection with your purchase or use of the Services.

7.7 Notices. Any notice from DCI or Multicomm to you under this User Agreement will be provided by one or more of the following: posting on the Website, a recorded IVR announcement while using a Service, SMS/MMS text, email or a call to a telephone number provided by you. You may contact DCI either by phone or by mail as follows:

Multicomm

c/o Digital Comm Inc.

2331 W. Lincoln Avenue, Suite 100

Anaheim, California 92801

E-Mail: info@multi-comm.us

7.8 Severability. If any part of this User Agreement is found invalid, the rest of the User Agreement will remain valid and enforceable.

7.9 Governing Law. This User Agreement will be governed by the law of the State of California, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Services.

7.10 Entire Agreement. This User Agreement constitutes the entire agreement between you and DCI regarding the Services covered hereby, the Website and the App and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral between you and DCI regarding the same. No written or oral statement, advertisement or service or product description not expressly contained in this User Agreement, the Website or in the App will be allowed to contradict, explain, or supplement this User Agreement or any of the Services. Neither you nor DCI is relying on any representations or statements by the other party or any other person that is not included in this User Agreement.

7.11 Survival. The provisions of this User Agreement that explicitly or by their nature survive or are intended to survive termination or cancellation shall so survive.

7.12 Waiver. The failure by DCI to exercise, or delay in exercising, a legal right or remedy provided by this User Agreement or by law shall not constitute a waiver of DCI’s right or remedy. If DCI waives a breach of this User Agreement in writing, the waiver shall not operate as a waiver of a subsequent breach of the User Agreement.

7.13 Disputes. All disputes arising out of or related to this User Agreement, the Website, the App and/or the Services (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) shall be submitted to the American Arbitration Association (“AAA”) for final and binding arbitration. The arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules (“AAA Rules”), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by this User Agreement. Notwithstanding anything in the AAA Rules, the arbitration shall be held in Orange County, California. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. The arbitrator will determine any controversy over whether an issue is subject to arbitration. Any court of competent jurisdiction may confirm or enforce the award. Unless otherwise provided for in the AAA Rules or in the arbitration award, DCI and you will divide equally all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator. Each party will bear the cost of preparing and presenting its own case. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought by you as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to this User Agreement, the Website, the App or the Services. Any dispute or claim arising out of or relating to this User Agreement, the Website or the Services must be brought within two years after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.

7.14 Changes to Agreement. DCI may in our sole discretion change the terms of this User Agreement or the information on the Website from time to time with or without notice. Please review the User Agreement on a regular basis. By continuing to use a Service, the Website or the App after publication of the change, you agree to the change and the updated User Agreement.

7.15 Translation. For your convenience, DCI may provide you with a translation of the English language version of some or all of the various parts of the User Agreement. However, the meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. If there is any inconsistency between a non-English version and the English version, then the English version shall govern your relationship with DCI. Any translation provided may not accurately represent the information in the original English version.

7.16 Security. Unfortunately, scams and fraudsters are abundant and we urge you to be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, or if you are aware of anyone or any entity that is using the Services inappropriately, please contact us.

7.17 Last Updated. This User Agreement was last updated as of the first date written above.


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