This agreement (“Agreement”) is between 8x8, Inc. (“8x8”) and an end user (“End User”) of the 8x8 MobileTalk Voice over IP (“VoIP”) Service (“8x8 MobileTalk”). Any 8x8 MobileTalk services or products (“Services”) provided by 8x8 to End User shall be governed by the terms and conditions herein. By downloading the 8x8 MobileTalk software (“Software”) and purchasing the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between End User and 8x8 by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; and (2) LIMITING 8x8’s LIABILITY UNDER THE AGREEMENT. End User acknowledges that they are of legal age to enter into this Agreement. All telecommunications services are provided by Visit, Inc. End User agrees to designate 8x8 as its agent for purposes of the Services provided by Visit, Inc. Services are only provided where authorized.
1. TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY 8X8, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON 8X8. No waiver or amendment to this contract or these terms and conditions shall be binding on 8x8 unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of 8x8.
2. TERM. The term of this Agreement (“Term”) begins on the date that End User purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User (“Plan”). Subsequent terms of this Agreement automatically renew on a monthly basis without further action by End User unless End User gives 8x8 written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given. In the event that the user does not use the service for 90 consecutive days, the service will terminate and any renewal of the service may result in a charge at the then going rate for the service. End User is purchasing the Service for full monthly terms, meaning that if End User attempts to terminate Service prior to the end of a monthly term, End User will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of the Services does not excuse the End User from paying all unpaid, accrued charges due in relation to the Agreement hereunder.
3. 911 & SERVICE LIMITATIONS. The Services do not provide 911 services. 911 calls will continue to be routed by your existing mobile provider.
4. BILLING, CHARGES AND PAYMENT.
4.1. PAYMENT. Upon purchase of the Service, End User must provide 8x8 with a valid credit card number from an issuer that is accepted by 8x8. End User authorizes 8x8 to charge the credit card number profvided by End User (“Credit Card”) for all charges arising from End User’s use of the Services. End User agrees to notify 8x8 of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. 8x8 shall not be responsible for any charges made by the Credit Card issuer to End User’s Credit Card account for exceeding credit limit, insufficient funds or other reasons.
4.2. CREDIT TERMS. All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by 8x8. End User will provide such credit information or assurance as is requested by 8x8 at any time. 8x8, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit. The services may be terminated without notice if fraud is suspected.
4.3. BILLING. 8x8 will provide End User with a monthly on-line billing statement for the Services and bill all charges invoiced to End User’s account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, Software charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month’s service; toll charges and any other applicable charges are billed subsequent to the end of each month’s service. 8x8 reserves the right to charge the Credit Card for cumulative charges due, if at any time End User’s out-of-plan toll minutes for the current month exceed ten dollars ($10.00). Billing for monthly service fees commences upon purchase of the Services on the web site, and the first month’s monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.
4.4. LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, 8x8 may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by 8x8. If charges cannot be processed to the Credit Card and the End User’s account is suspended, End User will be charged a fee of ten dollars ($10.00) to activate the account. No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.
4.5. TAXES. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides 8x8 with an appropriate exemption certificate. If any amounts paid for the Services by End User are refunded by 8x8, applicable taxes may not be refundable.
4.6. TRIAL PERIOD. 8x8 offers a thirty (30) day trial period (“Trial Period”) to new End Users for their first 8x8 MobileTalk account. The Trial Period commences upon the purchase of Services by End User on the 8x8 web site (http://www.8x8.com) or purchase of Software from a retailer. If End User is not satisfied with the Services during the Trial Period, End User may obtain a refund of the Software cost, activation fee, and monthly service fee. Applicable taxes will be refunded to the extent allowed by law. Charges for calling minutes will not be refunded. Shipping charges will not be refunded. To obtain a refund, End User must notify 8x8 within thirty (30) days of purchase of the Services on the web site and obtain a return material authorization number from 8x8. Retail customers will be required to return the Software to the place of purchase within thirty (30) days (or such shorter period as set forth in the retail outlet’s return policy) of purchase to receive any refund.
4.7. RATE CHANGES. 8x8 may change the prices for the Services and toll charges from time to time. 8x8 may change prices, plans, taxes or fees without any advance notice. In the event of a change in prices or toll charges, 8x8 will post such changed rates to the web site currently located at http://www.8x8.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.
4.8. CREDITS. End User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances for interruption of the Services shall not be provided.
4.9. DISCOUNTS. From time to time in its sole discretion, 8x8 may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
4.10. BILLING DISPUTES. End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by 8x8 or End User waives any objection and further recourse. Written statements disputing charges must be sent to: Billing Department 8x8, Inc. 2125 O’Nel Drive, San Jose, CA 95131 -or- [email protected]
5. TOLL CHARGES. Every call to or from equipment using the Services that originate or terminate in the Public Switched Telephone Network (“PSTN”), including other VoIP networks, is subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States to a non-8x8 phone number will be charged at the current rates published on the 8x8 web site at http://www.8x8.comt/international_services/. The duration of each call is to be calculated in one minute increments and rounded up to the nearest one minute increment for any fraction of minutes used. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. When End User dials an International PSTN phone number, charges may apply regardless of whether the party on the other line answers the call. Calls made by an End User to an International mobile, rather than landline, or information services or premium rate telephone number may result in higher toll charges. These toll charges are listed on the 8x8.com website.
6. LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. End User shall not modify the Software in any way without the express written permission of 8x8. End User shall not use the Software except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken equipment and may be required to purchase replacement Software to continue service. End User shall immediately notify 8x8 of any lost or stolen equipment and shall cooperate with 8x8 in all reasonable aspects to eliminate actual or potential unauthorized use of the equipment. At 8x8’s sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that 8x8 is informed of the loss or theft and can effect a termination of the Services.
7. PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of 8x8 or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of 8x8. End User understands that neither 8x8 nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws (including but not limited to laws prohibiting transmission of unsolicited advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Software for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of 8x8.
8. RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF END USER COMMUNICATIONS. End Users are solely responsible for maintaining the confidentiality of End User password and account, and agree not to transfer email address or password, or lend or otherwise transfer use of or access to the 8x8 Service, to any third party. End Users are also solely responsible for any and all activities that occur under End User account. End User agree to immediately notify 8x8 of any unauthorized use of End User account or any other breach of security related to End User account or the 8x8 Service, and to ensure that End User “log off”/exit from End User account (if applicable) at the end of each session. 8x8 is not liable for any loss or damage arising from End User failure to comply with any of the foregoing obligations. In consideration for using the 8x8 Service, End User agrees to: (1) provide certain current, complete, and accurate information about End User when prompted to do so by the 8x8 Service, and (2) maintain and update this information as required to keep it current, complete and accurate. End User agrees that any such information shall be accurate. End User agrees that End User are solely responsible for the content of all visual, written or audible communications (“Content”) sent by End User or displayed or uploaded by End User in using the Services. End User agrees that End User will not use the Services to send unsolicited commercial e-mail outside End User company or organization in violation of applicable law. End User further agrees not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Recognizing the global nature of the Internet, End User also agree to comply with applicable local rules or codes of conduct (including codes imposed by End User employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which End User reside. 8x8 reserves the right to investigate and take appropriate action against anyone who, in 8x8’s sole discretion, is suspected of violating this provision, including without limitation, reporting End User to law enforcement authorities. Use of the Services is void where prohibited. Although 8x8 is not responsible for any such communications, 8x8 may delete any such communications of which 8x8 becomes aware, at any time without notice to End User. End User retains copyright and any other rights already held in Content which End User submits, posts or displays on or through, the Services. End User understands and agrees that by displaying, exchanging or uploading Content to a 8x8 website, transmitting Content using the Services or otherwise providing Content to 8x8, End User automatically grant (and warrant and represent End User have a right to grant) to 8x8 a world-wide, royalty-free, sublicensable (so 8x8 affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Site and/or the Services.
9. CELLULAR AIR TIME / TOLL CHARGES / ROAMING FEES / INTERNATIONAL USE. End User acknowledges and understands that 8x8 MobileTalk calls are connected to the 8x8 network via a regular cellular phone call you’re your existing mobile service provider’s network. All charges, air time, toll charges, roaming fees otherwise charged by your mobile phone service provider will be collected, in addition to the toll charges owed to 8x8. Use of 8x8 MobileTalk outside of the United States will incur international roaming and toll charges from your mobile phone service provider according to your current plan in addition to the 8x8 MobileTalk toll charges.
10. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. 8x8 reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan (a “Change of Service”). In the event of a Change of Service, 8x8 will post to the Web Site currently located at https://www.8x8.com/terms-and-conditions. Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site (“Change Date”), and no additional notice will be required. If End User does not send 8x8 notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.
11. TERMINATION. End User agrees to provide 8x8 with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to 8x8. 8x8 reserves the right, at its sole discretion, to suspend, terminate or change the Services without advance notice for any reason, including without limitation, misuse of the Services in any way, End User’s breach of this Agreement, End User’s failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, 8x8, 8x8’s network or other End Users’ use of the Services. 8x8 reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that 8x8’s determination is final and binding on End User. 8x8 may require an activation fee to change or resume a terminated or suspended account.
12. PRIVACY. 8x8 MobileTalk may utilize the public Internet and third party networks to provide fax, voice and video communication services. Accordingly, 8x8 cannot guarantee the security of fax, voice and video communications of End User. 8x8 is committed to respecting an End User’s privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User’s relationship with 8x8. 8x8 will not sell, rent, or lease End Users’ personally identifiable information to others. Unless required by law or subpoena or if End User’s prior permission is obtained, 8x8 will only share the personal data End User provides with other 8x8 entities and/or business partners that are acting on 8x8’s behalf to complete the activities described herein. Such 8x8 entities and/or national or international business partners are governed by 8x8’s privacy policies with respect to the use of this data. 8x8 is required to file numerous reports with different administrative bodies. As such, 8x8 may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, 8x8 reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either 8x8 or any company affiliated with 8x8. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, 8x8 may disclose personally identifiable information.
13. TECHNICAL SUPPORT. 8x8 provides technical support to End Users via telephone and e-mail for the Services and Software provided hereunder. Support for other applications and uses is not provided or implied.
14. BREACH. In the event of End User’s breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse 8x8 for all attorney, court, collection and other costs incurred by 8x8 in the enforcement of 8x8’s rights hereunder and 8x8 may keep any deposits or other payments made by End User.
15. INDEMNIFICATION. End User agrees to defend, indemnify and hold 8x8, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
16. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL 8X8 OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF LIFE, INJURY, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF 8X8 OR ITS VENDORS OR OTHERWISE.
17. WARRANTY AND LIABILITY LIMITATIONS. 8X8 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER 8X8 NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO 8X8’S OR END USER’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF 8X8’S OR ITS VENDORS’ NEGLIGENCE. ANY CLAIM AGAINST 8X8 MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND 8X8 HAS NO LIABILITY THEREAFTER. 8X8’S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. 8X8 MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN 8X8. IN NO EVENT SHALL 8X8’S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO 8X8 IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
18. EXPORT COMPLIANCE. End User agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
19. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End User by 8x8 or its vendors.
20. SOFTWARE COPYRIGHT. The Software and any additional software used by 8x8 to provide the Services are protected by copyright law and international treaty provisions. End User may not copy the Software or any portion of it. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise attempt to replicate the Software.
21. SURVIVAL. The provisions of section 13, 14, 15, 16, 19, 20, 22, and 23 shall survive any termination of the Agreement.
22. NOTICES. 8x8 communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User (“Email Address”). End User is responsible for notifying 8x8 of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.
23. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). 8x8 shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of 8x8 as may occur in spite of 8x8’s best efforts.
24. GOVERNING LAW / RESOLUTION OF DISPUTES.
24.1. Mandatory Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, END USER AND 8x8 WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO END USER, INCLUDING ANY BILLING DISPUTES (“CLAIM”). CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires End User to arbitrate claims against other parties relating to Services or Products provided or billed to End User if Claims are asserted against 8x8 in the same proceeding. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. End User will pay the published share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”) except that: (a) for Claims less than $20, 8x8 will pay all Fees and Expenses; and (b) for Claims between $25 and $1,000, End User will pay only $20 in Fees and Expenses, or any lesser amount as provided under AAA’s Supplemental Procedures for Consumer-Related Disputes. End User and 8x8 agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. The AAA Supplemental Procedures for Consumer-Related Disputes provide that unless a hearing is requested, disputes will be resolved based on written submissions and no personal appearance is required. If End User requests an arbitration hearing, that hearing will take place either telephonically or in San Jose, California. As a limited exception to the agreement to arbitrate, End User and 8x8 agree that: (a) End User may file Claims in small claims court in Santa Clara County (San Jose), California, if the Claims qualify for hearing by such court; (b) if End User fails to timely pay amounts due, 8x8 may assign the account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; and (c) any Claim filed as a class action is not subject to arbitration but instead must be filed in the California Superior Court, County of Santa Clara (San Jose) or in the United States District Court for the Northern District of California.
24.2. Prefiling Notice of Claim. BEFORE INSTITUTING ARBITRATION OR SUIT, END USER AGREES TO PROVIDE 8x8 WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO 8x8 AT THE ADDRESS BELOW. IF 8x8 IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN END USER OR 8x8 MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 28.1. All claim notices should be sent to: Director of Customer Service 8x8, Inc. 2125 O’Nel Drive, San Jose, CA 95131 -or- [email protected]
24.3. Governing Law. The Agreement and the relationship between End User and 8x8 shall be governed by the laws of the State of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 24.1, End User and 8x8 agree to submit to the personal and exclusive jurisdiction of the courts within the state of California , to the extent possible in Santa Clara County , and waive any objection as to venue or inconvenient forum. The failure of 8x8 to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
25. ENTIRE AGREEMENT. The terms and conditions of this Agreement, along with the rates posted to the web site currently located at http://www.8x8.com, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of 8x8 and End User.