Terms and Conditions

The use of the website located at www.myrelay.com (the “Site”) is governed by the Terms and Conditions set out below. By using this Site and any relay services described and offered herein (the “Service”), you accept these Terms and Conditions.

Ownership
The Site is owned and operated by Nordia Inc. (“Nordia”). Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Site are proprietary to Nordia, its affiliates and/or third-party licensors. The Content is protected by international copyright and trademark laws.

Restrictions on Use
This Site and the Services offered herein are solely for your personal use. Except as expressly set out in these Terms and Conditions, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, sell or otherwise transfer any Content, or transfer, resell or otherwise commercially exploit any of the Services offered herein, without the express prior written consent of Nordia. You must comply with all applicable laws in connection with the use of the Site and the Services. You agree not to use the Site or the Services for any unlawful or fraudulent purpose, including for any use that prevents or interferes with other users of the Site from using the Services. Nordia may terminate or suspend any of the Services, at its discretion.

The Services are not designed for emergency use, and should not be used as an alternative for 911 services.

Disclaimer
NORDIA INTENDS FOR THE SITE AND THE SERVICES TO BE AVAILABLE 24 HOURS A DAY, SEVEN DAYS A WEEK BUT DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE, AND THE SERVICES OFFERED HEREIN, ARE BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NORDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability
NORDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, THE INABILITY TO USE THE SITE, ANY CONTENT OR THE SERVICES, EVEN IF NORDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NORDIA WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO SOFTWARE OR EQUIPMENT REQUIRED TO OPERATE THE SERVICE THAT IT DOES NOT FURNISH TO YOU, OR FROM ANY DAMAGES THAT RESULT FROM THE OPERATION OF EQUIPMENT, SOFTWARE OR FACILITIES YOU PROVIDE AND OPERATE TO RECEIVE THE SERVICES, EVEN IF NORDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE ABSENCE OF WILLFUL MISCONDUCT ON THE PART OF NORDIA, NORDIA SHALL BE RELEASED, DEFENDED, AND HELD HARMLESS BY YOU AGAINST ALL CLAIMS OF LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON CONTRACT, EQUITY, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, AND TORT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Force Majeure
Nordia shall not be liable to users of the Site or the Services for any failure of performance as a result of any reason beyond the reasonable control of Nordia, including any failure as a result of strikes, labour disputes, riots, storms, floods, acts or threatened acts of terror, explosions, act of God, war or national emergency, or as a result of compliance by Nordia with any applicable law, regulation or order or other similar action of any applicable governmental or regulatory authority.

Dispute Resolution
Any dispute, claim or controversy arising out of or relating to this agreement, regardless of whether the claim is based in contract, tort, statute, fraud, misrepresentation or any other basis, shall be submitted to either the American Arbitration Association (“AAA”) for final and binding arbitration pursuant to the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules (the “AAA Rules”) as modified by this Agreement. You or Nordia may have the right to take qualifying disputes to Small Claims Court under the AAA Rules where applicable. Any Claim must be brought within two years of the date from which the events giving rise to the claim took place, or as required by statute. Either you or Nordia may commence a claim by contacting AAA Central Case Management Centre, 134555 Noel Road, Suite 1750, Dallas, Texas, 75240-6636. For further information regarding the AAA or the AAA Rules, please refer to the AAA website located at http://www.adr.org or contact the AAA by telephone at 1-800-778-7879. The arbitration is to be based on written submissions of the parties and documents submitted to the arbitrator appointed under the AAA Rules, unless the parties agree otherwise or the arbitrator orders otherwise. The arbitrator is entitled to and shall resolve any dispute over whether an issue is arbitrable. The arbitration shall be conducted in accordance with the United States Arbitration Act (“USAA”). Any award issued by the arbitrator will be confirmed and enforced in any court of competent jurisdiction. For any arbitration in which you claim less than $10,000.00, Nordia will pay your filing fee incurred in commencing the arbitration with the AAA as well as all other costs and fees of the AAA. For claims between $10,000.00 and $75,000.00, you will be required to pay filing fees to the AAA not exceeding $125.00, and Nordia will pay all other costs and fees of the AAA. Save as authorized by statute and subject to any order the arbitrator may make, each party to an arbitration shall bear the cost of preparing and presenting its own case. If you choose to proceed under the AAA Rules through any process other than a document or telephone arbitration as contemplated under the AAA Rules, you will be required to pay its allocated share of any higher administrative fees and costs for the process selected. In the event of arbitration proceedings not conducted by way of document or telephone arbitration, the proceedings shall be held at the location selected by the AAA unless otherwise mutually agreed upon by the parties. You agree that each and every dispute brought pursuant to this agreement shall be arbitrated on an individual basis and shall not be subject to consolidation in any action with the disputes or claims of other consumers or customers. You also agree that you will not have the right to act as a class representative, participate in class proceedings, or bring claim as a private attorney general with respect to any dispute or claim regarding service.

Indemnification
You hereby indemnify, defend, and hold Nordia and its affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any third party claim arising out of the use of the Site or the Services by you or any person authorized by you. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Third Party Links
The Site may contain links to third party websites. Any such sites are not under Nordia’s control, and Nordia does not assume any responsibility or liability whatsoever for their contents. The links are provided for reference purposes only, and Nordia does not endorse the contents of any linked sites.

Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law principles.

Modifications
Nordia reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of this Site and any Services following the posting of changes to these Terms and Conditions will mean you accept those changes. You may not modify these Terms and Conditions without the written consent of Nordia.

Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

Long Distance Rates
Recently the FCC has ruled that free long distance promotion is considered an incentive program. Consequently, since April 1^st, Interstate calls are no longer free.

Also, starting September 1^st, International calls and collect calls will no longer be free. Please refer to our complete list of long distance rates.

Calls within California will continue to be free.

Interstate Rate
10 cents per minute

International Rates
See list of long distance rates

Collect call rates
Fixed rate of 3, 99$ per call plus long distance charges as per applicable long distance rates.

Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Nordia with respect to the Site and the Services, and supersedes and replaces any previous oral or written agreements between you and Nordia.

If you have any questions or comments regarding this Site or Nordia please contact us at 1.866.734.2833 (English) or 1.866.734.2844 (Spanish).

Last updated on November 30, 2004.

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