Updated June 30, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY IMPOSE LEGAL OBLIGATIONS
ON YOU AND AFFECT YOUR LEGAL RIGHTS WITH RESPECT TO Rubix Voice Communications LLC,
INCLUDING TERMINATION FEES FOR EARLY CANCELLATION OF SERVICE, REQUIRING MANDATORY
ARBITRATION OF DISPUTES, AND LIMITING Rubix Voice Communications LLC’S LIABILITY. Rubix Voice Communications LLC IS WILLING TO PROVIDE YOU SERVICES ONLY ON THE CONDITION THAT YOU AGREE TO THESE TERMS. THE TERM “WEB SITE”, AS USED BELOW, SHALL REFER TO Rubix Voice Communications LLC’s INTERNET WEB SITE, THE HOME PAGE OF WHICH IS LOCATED AT https://www.rubixvoice.com/
This agreement (together with all exhibits, appendices and other agreements, documents, rules and
regulations, attached or linked hereto or referenced herein, as the same may be amended from time to time,
including as posted on the Web Site, the “Agreement” or the “Customer Terms of Service”) is made by and
between Rubix Voice Communications LLC, Inc (“we,” “us” or “Rubix Voice Communications LLC”) and the
user (“you,” “user” or “Customer”) of Rubix Voice Communications LLC’s information services,
telecommunications services, software, and client or Web based applications, including, without limitation,
Basic, unlimited, direct inward dialing (“DID”) telephone numbers, toll-free telephone numbers, SIP trunking,
and other telephony services, and/or any related Equipment (as defined below), services, features and
functionalities described on the Web Site (together with any related documentation, the “Service”). By
subscribing to, activating and/or using the Service, you acknowledge that you have read and understand these
terms and conditions and agree to be bound by them and by the terms of Rubix Voice Communications LLC’s
applicable state and/or federal tariffs, rate schedules, and public disclosures, if any, which are incorporated into
this Agreement by reference. You also represent that you are at least 18 years of age and are legally capable
and authorized to enter this Agreement and become bound by its terms as an individual or as an authorized
representative of an organization. The term “Equipment” refers to any products, devices and/or equipment
used in conjunction with any Service, including an IP phone, multimedia terminal adapter, analog telephone
adapter, or any other IP connection device. In the event of a conflict between any service description, FAQ or
other terms regarding the Service located on the Web Site and these Customer Terms of Service, the latter
1. TERM OF SERVICE
1.1 Initial Term. Service is provided for either a term of thirty (30) days or one (1) year, depending on whether
you select a “monthly” plan or an “annual” plan (the “Term”). In either case, the initial Term begins on the date
that you purchase the Service (the “Commencement Date”). You are purchasing the Service for the full length
of the applicable Term. This means that if you terminate Service prior to the end of the then current Term
(which shall constitute a Default as described below), you will be responsible for the full Term’s charges as if
you remained a customer through the end of the then-current Term, including, without limitation, outstanding
charges, unbilled charges, and any applicable disconnection fee, as described below (collectively, “Default
Charges”). In addition, you will not be entitled to a refund for any unused portion of prepaid Term charges.
1.2. Renewal. The Term for all Service plans will renew automatically for successive Terms of the same length
without further action by or notice to you unless you notify Rubix Voice Communications LLC of non-renewal at
least fifteen (15) days before the end of the then current Term by calling customer service.
1.3 Termination. We reserve the right, in our sole discretion, to modify, suspend, or terminate the Service
without notice for any reason, including without limitation, for your failure to pay any sum due hereunder, for
suspected fraud or other activity, for your termination of the Service prior to the end of the then current Term,
and/or for any other breach of this Agreement (each, a “Default”). We reserve the right to determine, in our sole
discretion, what constitutes a Default and you agree that our determination is final and binding on you. In the
event of a Default, you shall pay Rubix Voice Communications LLC all Default Charges within fifteen (15)
calendar days of your receipt of a bill for such charges, and shall reimburse Rubix Voice Communications LLC
for all attorney, court, collection and other fees and costs incurred by Rubix Voice Communications LLC in the
enforcement of its rights hereunder. Notwithstanding the foregoing, you may switch to a higher cost plan at any
time without being in Default. In the event you make such a switch during a Term, you immediately will be
billed a prorated amount of the difference between your previous monthly or annual plan fee and that
associated with your new plan based on the amount of time left in the current Term.
1.4 Voicemail to Text Service Disclaimer. You acknowledge and understand that all voicemails are transcribed
in English. You also acknowledge that Rubix Voice Communications LLC offers two types of transcription
services: one is fully automated and the other is assisted by human transcribers, see also Section 3.5
(Privacy). You also acknowledge that some messages cannot be accurately or completely transcribed due to
poor diction, noisy environment, poor phone connection or drop-outs, or unsupported language. In no event
shall Rubix Voice Communications LLC be liable for mistakes due to erroneous transcription.
You acknowledge that, by using the Services, you may be exposed to content others send you that is
offensive, indecent, or objectionable. You understand that Rubix Voice Communications LLC has no control
over the content of any transmissions sent through the Service and you agree to hold harmless Rubix Voice
Communications LLC for any harm suffered due to the content of messages relayed to you through this
1.5 Some of Rubix Voice Communications LLC’s plans and other Services are offered on an “unlimited
minutes” or “unlimited SMSs” basis. All unlimited plans:
In addition, unusually high usage of the Services may impair Rubix Voice Communications LLC’s ability to
provide high quality Services to others and/or indicate unauthorized use of the Services, in which case Rubix
Voice Communications LLC may suspend or terminate your account or, upon prior notice, convert your
account to a metered calling plan that charges higher usage rates.
Inbound toll-free calls from a toll-free number assigned to this account will be billed separately. Rubix Voice
Communications LLC reserves the right to add to, modify or amend this Use Policy at any time for any reason
at its sole discretion.
1.6 Signup Offers, Service Plans, Special Offers, and Free Trials. Rubix Voice Communications LLC may offer
several different sign-up offers, special offers, promotional discounts, as well as various service plans, pricing
plans, and/or bundles, which may include primary service, premium features, or any other aspect of the
service, at any given time. In general, the specific terms and conditions of these offers will be communicated
via the website pages or other medium displaying the offers. All Free Trial offers are defined by default as free
to use, in accordance with this agreement, for 30 days of service or 100 minutes of use, whichever comes first,
unless otherwise explicitly defined and communicated via these offering pages on the website or other means.
Use of the service in any way in excess of the free 100 minutes or beyond the 30-day limit will result in
Customer being immediately billed in accordance with Section 5 (Payment).
2. EMERGENCY SERVICES- 911 DIALING
2.1 Rubix Voice Communications LLC 911 and E911 Service Overview. Rubix Voice Communications LLC
provides all of its two-way phone service subscribers with basic 911 (which refers to the ability to connect a
911 call to a public safety answering point or “PSAP”) and provides enhanced 911 or “E911” (which refers to
the additional ability to provide the PSAP with the caller’s telephone number and location) where available.
Customers utilizing one-way calling services or over-the-top (OTT) application only, including MAC or PC
softphones and mobile applications available on iOS and Andriod, do NOT have direct access to E911 service.
If you opt for one-way calling services or OTT application service from Rubix Voice Communications LLC and
require E911 service, you must make special arrangements with us, and execute an additional E911 service
agreement. IN THE EVENT OF AN EMERGENCY WHILE USING ONE-WAY CALLING SERVICES OR OTT
APPLICATION ON YOUR WIRELESS PHONE, HANG UP AND DIAL YOUR LOCAL EMERGENCY
NUMBER. YOU MUST UTILIZE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL OR WIRELESS
CARRIER TO MAKE AN EMERGENCY CALL.
With E911 service, your registered address and phone number is automatically delivered to the proper local
emergency call center. This information appears on the emergency dispatcher’s computer screen. If you live in
an area where E911 has not yet been deployed, your call will be routed to an emergency call center through
the traditional 911 network based on the information on record, however the dispatcher will not have your
address and may not have your phone number. In order to provide 911 and E911 service, Rubix Voice
Communications LLC must know the physical location of the Rubix Voice Communications LLC analog
telephone adapter or the physical telephone instrument provided to you in connection with activation of the
Service (the “device”). You will be prompted to provide this information during sign-up. If this address is not
accurate OR IF YOU MOVE YOUR DEVICE TO ANOTHER LOCATION, EVEN TEMPORARILY, you must use
the online account management features of the Web Site or call customer service at 1-800-998-7087 to update
the physical location of your DEVICE. IF THE PHYSICAL LOCATION OF YOUR DEVICE IS NOT
ACCURATELY ON RECORD, EMERGENCY SERVICES WILL NOT BE ABLE TO LOCATE YOU IF YOU
ARE UNABLE TO SPEAK YOUR ADDRESS OR ARE DISCONNECTED (EVEN IN AREAS WHERE E911
SERVICE IS AVAILABLE) DURING A 911 CALL AND/OR THE CALL MAY BE MISDIRECTED TO AN
INCORRECT LOCAL EMERGENCY SERVICE PROVIDER. Upon sign up, it may take several hours to
process your 911 address. In the interim, Rubix Voice Communications LLC will send any 911 calls made
using the Service from a phone connected to your DEVICE to a national emergency response center. Per
Federal Communications Commission requirements, customers utilizing the two-way communications service
ARE NOT permitted to “opt out” of 911 service. If you are using an OTT application, you must request 911
service be added.
2.2 Differences in Availability and Operation of Emergency Dialing Service.
2.2.1 You acknowledge and understand that the two-way phone service is an information service using Voice
over Internet Protocol (“VOIP”) technology and as such it does NOT function or connect the same as traditional
copper, fiber or wireline telecommunications with respect to support for traditional basic 911 or E911 service
access to emergency services. The 911/E911 services offered by Rubix Voice Communications LLC in
conjunction with services provided are available only for calls made through the Service from telephones
connected to your DEVICE, and only in the areas specified by Rubix Voice Communications LLC. You
acknowledge and understand that 911-type dialing is NOT automatic. When ordering the Service, you must
separately activate such 911-type dialing capabilities by specifically requesting them at the time of Service
activation or thereafter, subject to Rubix Voice Communications LLC, governmental and/or industry technical
approval, availability and restrictions, with specific confirmation from Rubix Voice Communications LLC, as
described herein. Such request must contain specific information as requested (including any additional
information Rubix Voice Communications LLC may request from time to time in its sole discretion), and must
be accompanied by your acceptance of the specific term, conditions and responsibilities attendant thereto,
including but not limited to maintenance and communication to Rubix Voice Communications LLC in advance
of any changes in information relating to the physical location for which the 911-type capabilities may be
activated, and/or authorized login, passwords and authorized users on the account.
2.2.2 You acknowledge and understand that you cannot dial 911 from a phone using the Service unless and
until you have received a confirming email regarding Service activation for two-way service and a primary
number assignment associated with the geographic location you have provided and agree to maintain.
Similarly, if you have opted for one-way calling Service from Rubix Voice Communications LLC, E911 service
will not be available until you have received a confirming email regarding Service activation, and a primary
number assignment, which will be issued after you have executed the required additional E911 Service
Agreement. Once you have received a confirming email that such limited 911 dialing has been successfully
activated according to this Agreement, you may dial 911 as needed. 911 AND E911 SERVICE WILL NOT BE
AVAILABLE UNLESS ALL SERVICE REQUIREMENTS ARE ACTIVATED, OPERATIONAL AND
CONTINUOUS WITHOUT INTERRUPTION FOR THE DURATION OF THE CALL, INCLUDING, BUT NOT
LIMITED TO, POWER SUPPLY, BROADBAND INTERNET CONNECTION, INTERNET SERVICE PROVIDER
LOGIN WITHOUT “TIMING OUT” (EVEN WITH AN AUTOMATIC RESTART, AS THAT MAY CAUSE A
REASSIGNMENT BY YOUR INTERNET SERVICE PROVIDER OF A DIFFERENT SESSION-BASED
INTERNET ADDRESS), AND SERVICE LOGIN.
2.2.3 You acknowledge and understand that unless emergency service personnel are verbally told otherwise
during a 911 call, such personnel will consider any 911 call made through the Service from any telephone
connected to your DEVICE to have been made from the physical location designated and associated with the
account, regardless of where the caller or any third party may desire or require emergency assistance and
regardless of the DEVICE’S actual physical or geographical location at the time of the call. In addition, as such,
calls will be routed to the emergency service personnel associated with the registered location, and said
personnel may NOT necessarily be able to provide service to the location requiring assistance at all. WHEN
YOU DIAL 911 ON YOUR PHONE UTILIZING Rubix Voice Communications LLC PHONE SERVICE, YOUR
CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911
DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER THE PSAP OR WILL BE LOCAL
EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME
YOU REGISTERED FOR THE SERVICE.
2.2.4 911 dialing cannot be used in conjunction with any OTT application installed on a wireless phone, or
one-way Service. You agree to inform any household residents, guests, employees, agents, contractors, and
other third persons who may be present at the physical location where you utilize the Service of the important
differences in and limitations of dialing 911 through the Service, as described in this Agreement and on the
Web Site (including the unavailability of 911 service in the event of a power or Internet outage), including by
conspicuously posting on the Equipment any caution or warning materials as may be appropriate. You agree to
make reasonable efforts to inform such persons of the proper and specific operation and requirements of the
Service and/or to restrict third parties’ access to the Service, and to use your reasonable judgment in so
informing and/or restricting such persons.
2.2.5. You will not attempt to use Rubix Voice Communications LLC’s one-way calling Services or OTT
application to access or allow access to Emergency Services, unless you do so consistent with, and have
agreed to, the Rubix Voice Communications LLC E911 Service Agreement. IF YOU HAVE NOT AGREED TO
THE Rubix Voice Communications LLC E911 SERVICE AGREEMENT, DO NOT ATTEMPT TO CONTACT
EMERGENCY SERVICES OVER ONE-WAY CALLING SERVICES OR VIA THE OTT APPLICATION. HANG
UP AND DIAL 911 VIA YOUR UNDERLYING TELEPHONE SERVICE OR WIRELESS SERVICE.
2.3 Service Outage
2.3.1 Power Outage: YOU ACKNOWLEDGE AND UNDERSTAND THAT 911 DIALING, LIKE THE SERVICE
AS A WHOLE, DOES NOT FUNCTION IN THE EVENT OF A POWER FAILURE. Should there be an
interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power
failure or disruption may require the Customer to reset or reconfigure equipment, connections and/or logins,
prior to utilizing the Service or 911 dialing.
2.3.2 Broadband Service Outage: YOU ACKNOWLEDGE AND UNDERSTAND THAT SERVICE OUTAGES
OR INTERRUPTIONS BY YOUR BROADBAND PROVIDER WILL PREVENT ALL SERVICE, INCLUDING
911 DIALING, FROM OPERATING. Even a brief interruption in your broadband internet connection may cause
the Service and 911 calling to fail until you reset or reconfigure equipment, connections and/or logins.
2.3.3 Service Outage Due to Suspension of Your Account: YOU ACKNOWLEDGE AND UNDERSTAND THAT
SERVICE OUTAGES DUE TO SUSPENSION OF YOUR ACCOUNT AS A RESULT OF BILLING ISSUES OR
OTHER BREACHES OF THIS AGREEMENT WILL PREVENT ALL SERVICE, INCLUDING 911 DIALING.
2.3.4 Other Service Outages: YOU ACKNOWLEDGE AND UNDERSTAND THAT IF THERE IS A SERVICE
OUTAGE FOR ANY REASON, SUCH OUTAGE WILL PREVENT ALL SERVICE, INCLUDING 911 DIALING.
Such outages may occur for a variety of reasons, including, but not limited to, failure of network elements
provided by parties other than Rubix Voice Communications LLC and other reasons described elsewhere in
this Agreement or on the Web Site.
2.3.5 Limitation of Liability and Indemnification: You acknowledge and understand that our liability is limited for
any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set
forth in this Agreement. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Rubix Voice
Communications LLC, AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TOGETHER WITH THEIR
RESPECTIVE MEMBERS, OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, ATTORNEYS,
AGENTS, CONTRACTORS, VENDORS AND REPRESENTATIVES (COLLECTIVELY, THE “Rubix Voice
Communications LLC INDEMNITEES”), FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES,
PENALTIES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY
FEES AND COSTS, INCLUDING COSTS ON APPEAL) INCURRED OR SUFFERED BY ANY OF SUCH
Rubix Voice Communications LLC INDEMNITIEES RELATING TO ANY FAILURE, OUTAGE, AND/OR
DEGRADATION IN QUALITY OR FUNCTIONALITY OF THE SERVICE, INCLUDING THOSE RELATED TO
911 AND/OR E911 DIALING OR SERVICE.
2.4 Re-Activation Required If You Change Your Number. You acknowledge and understand that 911 service
does not function if you change your phone number unless and until you have successfully activated the 911
dialing feature following the instructions from the “Emergency 911” link on your control panel, and until such
later date that such activation has been confirmed to you through a confirming email. 911 dialing must be
re-activated. Although you may have activated 911 dialing with your former Rubix Voice Communications LLC
phone number, you must separately activate 911 dialing for any new number.
2.5 Possibility of Network Congestion and/or Reduced Speed for Routing 911. Due to the manner in which it is
technically possible to provide the 911 dialing feature for Rubix Voice Communications LLC Phone Service at
this time, you acknowledge and understand that there is a greater possibility of network congestion and/or
reduced speed in the routing of a 911 communication made utilizing your Equipment as compared to traditional
911 dialing over traditional public telephone networks. You acknowledge and understand that there may be a
greater possibility that the general telephone number for the local emergency service provider will produce a
busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who
are specifically designated to receive incoming 911 calls using traditional 911 dialing.
2.6 Automated Number Identification. At this time in the technical development of Rubix Voice
Communications LLC 911 dialing, it may or may not be possible for the PSAP and the local emergency
personnel to identify your phone number when you dial 911. The Service is configured in most instances to
send the automated number identification information; however, the Service routes the traffic to the PSAP and
the PSAP itself must be able to receive the information and pass it along properly, and at this time all PSAPs
are not necessarily always technically capable of doing so. You acknowledge and understand that PSAP and
emergency personnel may or may not be able to identify your phone number in order to call you back if the call
is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone
number and/or if the Service is not operational for any reason, including without limitation those listed
elsewhere in this Agreement.
2.7 Automated Location Identification. At this time in the technical development of Rubix Voice
Communications LLC 911 Dialing, it may not be possible to transmit identification of your Service address that
you have listed to the PSAP and local emergency personnel for your area when you dial 911. You
acknowledge and understand that you may need to state the nature of your emergency promptly and clearly,
including your location, as PSAP personnel may NOT have this information. You acknowledge and understand
that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed,
is dropped or disconnected, if you are unable to speak to tell them your location, and/or if the Service is not
operational for any reason, including without limitation those listed elsewhere in this Agreement.
2.8 Alternative 911 Arrangements. You acknowledge that the Service is not intended to be a primary line or
lifeline service. Rubix Voice Communications LLC recommends that you carefully evaluate your own
circumstances when deciding whether to rely solely upon the Service for 911 service. You acknowledge that it
is solely your responsibility to make such an evaluation and to make the decision best suited to meet your
emergency service needs. Maintaining an alternative means of accessing traditional 911 service (e.g.
conventional landline phone or wireless phone) is always a prudent course of action.
2.13 No compatibility with other equipment. All non-voice communications equipment, including but not limited
to, home security systems that are set up to make automatic or automated phone calls, fax machines,
modems, TTY equipment, entertainment or satellite television systems, and medical monitoring devices, may
not be compatible with the Service. By accepting this Agreement, you waive any claim against Rubix Voice
Communications LLC for interference with, damage to, or disruption of such systems due in part or in whole to
the Service (including any Equipment).
2.14 911 Service Fees. IN ADDITION TO ALL OTHER FEES AND CHARGES ASSOCIATED WITH THE
SERVICE, YOU MAY BE CHARGED A MONTHLY SERVICE FEE FOR 911/E911 SERVICE (THE “E911
SERVICE FEE”). THE E911 SERVICE FEE IS ASSESSED ON A “PER-LINE” (I.E. PER PHONE NUMBER)
BASIS, AND WILL BE SET AT A LEVEL THAT REIMBURSES Rubix Voice Communications LLC FOR THE
DIRECT COSTS WE INCUR IN PROVIDING 911 SERVICE, INCLUDING EXPENSES WE INCUR, EITHER
DIRECTLY OR INDIRECTLY, IN THE FORM OF STATE, COUNTY OR MUNICIPAL 911 SURCHARGES, 911
AUTOMATIC LOCATION INFORMATION (ALI) DATABASE STORAGE, LINE INFORMATION DATABASE
AND CALLER ID (LIDB/CNAM) EXPENSES, AND ANY OTHER TAXES OR SURCHARGES DIRECTLY OR
INDIRECTLY ASSOCIATED WITH THE PROVISION OF SERVICE TO YOU. WE RESERVE THE RIGHT TO
MODIFY, REDUCE, INCREASE, AND/OR INTERMITTENTLY APPLY OR REMOVE THE E911 SERVICE
FEE FROM TIME TO TIME TO REFLECT CHANGES IN OUR COSTS AND/OR COMPLIANCE
PROCEDURES WITH APPLICABLE REGULATIONS. THE E911 SERVICE FEE MAY NOT BE REFLECTED
IN YOUR BILL FOR THE FIRST SEVERAL BILLING CYCLES, WHICH SHOULD NOT BE TAKEN AS AN
INDICATION THAT SUCH FEE WILL NOT BE APPLIED IN THE FUTURE.
3. USE OF SERVICE
3.1 Use of Virtual Office Service. If you have subscribed to Rubix Voice Communications LLC’s Phone Service,
the Service is provided to you as a home or business user. This means that you are not permitted to resell or
transfer the Service to any other person or entity for any purpose. You agree to limit your use of the Service to
ordinary and usual home or office voice communications and not to use the Service for auto-dialing,
continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated
or continuous use. Rubix Voice Communications LLC reserves the right to immediately terminate or modify the
Service, if Rubix Voice Communications LLC determines, in its sole discretion, that the Service is being used
for any of the aforementioned activities, subject to applicable law regarding such terminations.
3.2 Bundled Service. You acknowledge and agree that the Services are offered on a bundled basis (which may
include local, toll, long distance and international service) and cannot be separated. You acknowledge that
these services (local, toll, and long distance) are not available individually and that in order to maintain any of
the services in the bundle, you must maintain the others on the same Service line.
3.3 Lawful Use of Service and Device.
3.3.1 Prohibited Uses: You agree to use the Service and Equipment only for lawful purposes and not to use
them for transmitting or receiving any communication, content or material of any kind which, in Rubix Voice
Communications LLC’s sole judgment, is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable, including where the transmission, receipt and/or possession of such
communication or material would constitute a criminal offense, give rise to a civil liability, or otherwise violate
any applicable local, state, national or international law. Rubix Voice Communications LLC reserves the right to
terminate your Service immediately and without advance notice if Rubix Voice Communications LLC, in its sole
discretion, believes that you have violated the above restrictions, in which case you will be responsible for
paying the Default Charges. You are liable for any and all use of the Service by any person making use of the
Service and agree to indemnify, defend and hold harmless the Rubix Voice Communications LLC Indemnities
from and against any and all claims, losses, damages, fines, penalties, costs, liabilities and expenses
(including, without limitation, attorney fees and costs, including costs on appeal) incurred or suffered by any of
such Rubix Voice Communications LLC Indemnities (collectively, “Indemnifiable Damages”) arising out of any
such use that fails to comply with this Section. If Rubix Voice Communications LLC, in its sole discretion,
believes that you have violated the above restrictions, Rubix Voice Communications LLC may forward the
objectionable material, as well as your communications with Rubix Voice Communications LLC and your
personally identifiable information to the appropriate authorities for investigation and prosecution.
3.3.2 Use of Service and Device by Customers Outside the United States: While we encourage the use of any
service (such as Phone Service or other service that involves a physical phone) within the United States to
make calls to other countries, Rubix Voice Communications LLC does not presently offer or support such
service to customers located in other countries. If you remove any Equipment to a country other than the
United States and attempt to use the service from there, you do so at your own risk, including the risk that such
activity violates local laws in the country where you do so. You are liable for any and all use of the service
and/or related Equipment by any person making use of the Service or such Equipment provided to you.
Transport or sale of the Equipment outside of the United States may result in a violation of US or foreign
technology import/export laws or rules; compliance with which is your sole responsibility. YOU
ACKNOWLEDGE THAT 911 SERVICE WILL NOT FUNCTION AT ALL IF THE PHONE SERVICE OR OTHER
SERVICE THAT INVOLVES A PHYSICAL PHONE IS USED OUTSIDE THE UNITED STATES.
Notwithstanding the foregoing, Service may be used outside of the United States in accordance with local
3.3.3 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software: The Service, including
any Equipment, firmware or software used to provide the Service or provided to Customer in conjunction with
providing the Service (including firmware embedded in any Equipment), and all information, documents and
materials provided or offered by Rubix Voice Communications LLC and on the Web Site are protected by
trademark, copyright and/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
Rubix Voice Communications LLC are and shall remain the exclusive property of Rubix Voice Communications
LLC and nothing in this Agreement shall grant you the right to license to use such marks. You acknowledge
that you are not given any license to use any firmware or software used to provide the Service or provided to
you in conjunction with providing the Service, or embedded in any Equipment, other than a non-transferable,
revocable license to use the same (without making any modification thereto) strictly in accordance with the
terms and conditions of this Agreement, and that the Equipment is exclusively for use in connection with the
Service. You represent and warrant that you possess all required rights, including software and/or firmware
licenses, to use any other equipment (e.g. telephone handsets) permitted to be used with the Service and you
agree to indemnify, defend and hold harmless Rubix Voice Communications LLC and the Rubix Voice
Communications LLC Indemnities from and against any and all Indemnifiable Damages incurred or suffered by
them arising out of or in connection with your use of such equipment with the Service.
3.3.4 Tampering with Equipment: You agree not to change the electronic serial number or equipment identifier
of any Equipment, or to perform a factory reset of any Equipment, without express permission from Rubix
Voice Communications LLC in each instance. Doing so shall constitute a material violation of this Agreement.
3.3.5 Loss or Theft of Service: You agree to notify Rubix Voice Communications LLC immediately, by calling
the Rubix Voice Communications LLC customer service line, if any Equipment is lost, damaged, broken or
stolen, or if you suspect or become aware at any time that Service is being stolen, tampered with or
fraudulently used. You will be liable for all use of the Service using Equipment or any access code, password
or the like lost by or stolen from you and any and all stolen Service or fraudulent use of the Service until Rubix
Voice Communications LLC is informed of the loss or theft. In addition, you will be responsible for all lost,
damaged, stolen or broken Equipment and may be required to purchase replacement Equipment in order to
continue Service at the retail price of the Equipment, plus applicable shipping costs and taxes.
3.3.6 Phone Numbers: Rubix Voice Communications LLC will provide telephone numbers to be used in
connection with the Service (each, a “Number”). In the alternative, customers may port a number to Rubix
Voice Communications LLC for use with Rubix Voice Communications LLC’ Service. A request by you to port
all your Numbers from Rubix Voice Communications LLC to another provider alone may not be deemed a
request by you to terminate your agreement with Rubix Voice Communications LLC. Your account must
remain active until the port is complete, and you must separately terminate your service once the Number is
ported out to avoid accrual of additional service fees. If your service is terminated prior to porting, it will result in
the loss of the Number. As a result, the Number will not be eligible for porting. If you decide to port your
Number to another service provider, you remain liable to Rubix Voice Communications LLC for any applicable
early termination fees, equipment charges, and any outstanding balances due on your account. In addition,
you may be charged a port-out fee for each such number to cover our costs of this process. Your account must
remain active until the port is complete. If your service is terminated prior to porting, it will result in the loss of
the Number. As a result, the Number will not be eligible for porting.
126.96.36.199 New Phone Numbers: You may select a new Number or Numbers for use with the Service. In some
instances, certain numbers may not be available due to a lag in database updates. Therefore, when you
reserve a Number or Numbers from our inventory, you must test the Number(s) by calling the Number(s) from
a line outside of the Rubix Voice Communications LLC network (e.g. landline, cellphone, or from a non-Rubix
Voice Communications LLC Number) within 48 hours of reservation to confirm the Number(s) are attached to
your account. Rubix Voice Communications LLC’s liability for a Number that is unavailable due to a database
lag is limited to the cost the Customer paid for the Number itself. Rubix Voice Communications LLC’s will not
be responsible for any consequential damages, including, but not limited, to marketing costs associated with
the use of the Number(s) that are ultimately unavailable. By utilizing Rubix Voice Communications LLC’s
Number Database, you agree to abide by this condition.
3.3.7 Service Distinctions: YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICE HAS
DIFFERENT TECHNICAL LIMITATIONS AND OTHER TECHNICAL CHARACTERISTICS AS COMPARED
WITH TRADITIONAL TELEPHONE SERVICE. THE SERVICE MAY BE SUBJECT TO DIFFERENT
REGULATORY TREATMENT THAN TRADITIONAL OR WIRELINE PHONE SERVICE. THIS TREATMENT
MAY LIMIT OR OTHERWISE AFFECT YOUR RIGHTS AND RESPONSIBILITIES BEFORE FEDERAL
AND/OR STATE REGULATORY AGENCIES. In addition, you acknowledge that the Numbers you obtain from
us will not be listed in any telephone directory (except for Numbers ported to us from your local phone
company, which may be listed). One of the consequences of this is that a reverse directory lookup of your
Number will most likely not reveal your address.
3.3.8 Voicemail to Text Service Distinctions: You acknowledge and understand that the delivery of a voicemail
to text transcription is not immediate and may take up to five minutes or more for reasons including, but not
limited to, longer voicemail messages, longer transcription times, technical limitations, or delays or failures by
the operators of intermediate networks, such as your email and SMS providers. In exceptional circumstances
delivery may take significantly longer.
3.3.9 Compliance With Law: In connection with your use of the Service, you agree to comply with all applicable
Federal, state, local, and international laws, rules, regulations, ordinances and decrees, including, without
limitation, U. S. export laws (discussed further below) concerning the transmission of technical data and other
regulated materials via the Service, and regarding the notification and consent, including two-party consent,
where applicable, with respect to the recording of telephone conversations. You are responsible for your
compliance with all laws relating to the recording of conversations, and agree to indemnify and hold harmless
Rubix Voice Communications LLC for any violations committed by you, your employees, agents, contractors,
or other third party utilizing your Service. Rubix Voice Communications LLC expressly disclaims all liability and
responsibility with respect to your recording of telephone conversations.
188.8.131.52 Compliance with Export Laws: Because our Services, including any software and equipment provided
in connection with your use of the Services, may be subject to applicable U.S. export control laws and
economic sanctions. You agree to comply with all international and domestic export laws and economic
sanctions as they may apply to our Services and any software and equipment provided in connection thereof.
Should you transfer or resell the Services to the extent permitted by these Terms of Service, you agree to
comply with any licensing or authorization requirements necessary to export, re-export, or transfer any
software or equipment necessary to utilize the Services. For your reference, these laws may preclude or
restrict destinations, End Users, and end use for the Services, software, and equipment. You are prohibited
from transferring any software, equipment, or our Services without U.S. government authorization to any entity
on a U.S. government exclusion list (for example the Treasury Department’s List of Specially Designated
Nationals and Consolidated Sanctions List, and the Department of Commerce’s List of Denied Persons, Entity,
or Unverified List). You also represent that you are not on a U.S. government exclusion list or under control of,
or agent, for any entity on any similar list, and you further warrant that if you become placed on any such list, or
under the control of any entity on such list, you will cease utilizing our Services, including software and
3.3.10 Interacting with Rubix Voice Communications LLC staff: We value you as customers and also equally
value all of our staff so expect you to do the same when interacting with them – accordingly any abusive,
threatening or other types of such language or behavior is not acceptable and may cause us to end your
3.4 Privacy. You acknowledge that the Service relies, in whole or in part, on the public Internet and third-party
networks to transmit voice and other communications. For this reason, Rubix Voice Communications LLC
cannot guarantee and does not warrant that your calls or other communications and transmissions using the
Service will be secure or private.
You acknowledge that the technical processing and transmissions of the Services, including your content, may
involve transmissions over various networks, changes to conform and adapt to technical requirements of
connecting networks or devices, and single or multiple human assisted transcription.
You understand that we may preserve content and may disclose content, your name, telephone number, credit
card information and other personal information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to:
3.6 Account Data and Communications.
3.6.1 By using Rubix Voice Communications LLC’s Service, you understand that Rubix Voice
Communications LLC’s role with respect to your communications and the content thereof is that of a passive
conduit; and any storage of your communications and/or account data, such as voice mail, caller analytics, or
other messaging information by Rubix Voice Communications LLC shall be performed merely as a
convenience to You and as a compliment to and incidental to Rubix Voice Communications LLC’s core data
3.6.2 Disclaimer of Data Storage Responsibilities You acknowledge and agree that: (i) Rubix Voice
Communications LLC shall have no obligation to store, retain, back-up, or ensure the availability of any stored
communications and/or account data for more than 30 days; (ii) to the extent that you wish to retain any
account data or other information relating to your Services, including, but not limited to, voice mail and caller
analytics data and or the use thereof, you must ensure that such information is downloaded, saved, and/or
backed-up outside of your account, as necessary or appropriate for your purposes; (iii) you will not rely on
Rubix Voice Communications LLC’s Services as a repository for or means by which to retain, store, or back-up
account data or any other data, information, or materials; (iv) after 30 days, Rubix Voice Communications LLC
may delete or purge any and all copies and versions of any your stored communications and/or account data
or other data at any time, without notice, including, without limitation, after you delete any such information
from an account or after termination of the TOS or closure of an account; and (v) Rubix Voice Communications
LLC may, in its sole discretion and option and without notice, implement reasonable limits as to the size or
duration of storage of account data.
4.1 Delivery of Equipment; Risk of Loss; Title. In connection with providing the Service, Rubix Voice
Communications LLC may provide you with certain Equipment. All Equipment is shipped F.O.B. shipping point.
Risk of loss (and title, to the extent applicable) shall pass to you upon our delivery of the Equipment to our
selected carrier at the shipping point. If the packaging and/or the Equipment inside is visibly damaged upon
arrival, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton,
all packing materials and parts intact and contact Rubix Voice Communications LLC’s customer service
department immediately. You understand that any Equipment provided by Rubix Voice Communications LLC
for use with the Service is and remains the exclusive property of Rubix Voice Communications LLC until
purchased in full by you. Nothing in these terms should be construed to confer any title, rights of ownership, or
other property rights onto you; provided, however, that the ATA provided by Rubix Voice Communications LLC
in connection with the Phone Service is considered purchased by you in full upon payment of the Fee. Title to
the ATA passes to you concurrently with the risk of loss, as described above.
4.2 Equipment Warranty: Unless otherwise specified in the materials accompanying the Equipment or during
the purchase process via the Web Site or telephone, all Equipment comes with a twelve (12) month limited
manufacturer’s warranty from the date of purchase. The terms of the limited warranty are included in the
Equipment packaging. Equipment you purchase that does not come with a warranty at the time of purchase is
provided “as is” and without warranty of any kind, including the implied warranties of merchantability and
fitness for a particular purpose (both of which are hereby disclaimed to the maximum extent permitted by law).
You must obtain authorization from us before returning any Equipment for any reason. All returns shall be in
original packaging or equivalent. We will provide replacement Equipment only if the Equipment is deemed to
be defective and covered under the warranty and only to the extent the defects are determined to be factory
error or otherwise caused by Rubix Voice Communications LLC or its vendors (i.e. not caused by misuse,
abuse, neglect, alteration, modification, improper installation, repairs by anyone other than Rubix Voice
Communications LLC, or your acts or omissions or those of any third party). We will not cover replacement for
lost, stolen or modified Equipment. If you attempt to return Equipment that is not covered under warranty or
otherwise without our prior authorization and/or without proper packaging, we may refuse such shipment, in
which case you will be responsible to pay any return shipping charges. You shall be responsible for all costs
and risk of loss to ship the Equipment to our designated return facility.
4.3 Rubix Voice Communications LLC offers a wide range of VoIP phones that are pre-provisioned and ready
to use with our services.
There are also many devices that we know will work with our service, and others that will not.
For more information, see our list of supported IP phones. If you would like to use a phone that is not
supported by Rubix Voice Communications LLC we may or may not be able to provision it and it may involve a
4a. USER SUBMISSIONS
As a Rubix Voice Communications LLC User, you are permitted to submit audio, text and other content to the
Rubix Voice Communications LLC network. You agree that you will not submit or upload material that is
copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post
the material and to grant Rubix Voice Communications LLC all of the license rights granted herein.
You understand and acknowledge that you shall be solely responsible for your own audio, text or other
submissions and the consequences of posting or publishing them. You affirm, represent, and/or warrant that:
you own or have the necessary written consents, releases and/or permissions to use and authorize Rubix
Voice Communications LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in
and to any and all audio, text or other content to enable inclusion and use of such content in the manner
contemplated by the web site and these Terms of Service. You understand and acknowledge that you may not
otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or
commercial purpose unless such use is expressly granted by a particular license.
Rubix Voice Communications LLC does not permit copyright infringing activities and infringement of intellectual
property rights on its Web Site, and Rubix Voice Communications LLC will remove all audio, text or other
submissions if properly notified that such submission infringes on another’s intellectual property rights. Rubix
Voice Communications LLC reserves the right to remove audio, text and other submissions without prior
You acknowledge and agree that you will not use Rubix Voice Communications LLC’s Services to:
5.1 Payment Methods. Upon purchase of the Service, you must provide us with a valid credit card number
(Visa, MasterCard, American Express or Discover) or checking account information. You authorize us to
charge such credit card number or checking account for all charges and fees relating to the Service. You must
notify us of any change to your credit card or checking account information including, but not limited to, the
account number, routing number, expiration date, billing address and/or other validation information. We
reserve the right to transfer customer’s authorization to charge their credit card onto any new credit card
replacing existing one. We are not responsible for any charges assessed by the credit card issuer or bank on
your account for exceeding your credit limit, insufficient funds or any other reason. If we suspect fraud, we may
immediately suspend your account without notice. Rubix Voice Communications LLC reserves the right to
charge a fee for any chargebacks unless in connection with a valid dispute recognized by Rubix Voice
Communications LLC as due to Rubix Voice Communications LLC’s error.
5.2 Taxes. You are responsible for, and shall pay, any applicable federal, state, municipal, local or other
governmental sales, use, excise, value-added, personal property, public utility, regulatory (including Universal
Service Fund) and/or other taxes, fees and charges now in force or enacted in the future, that arise from or are
imposed as a result of your subscription, payment or use for or of the Service. Such amounts are in addition to
all other charges for the Service and will be billed to your account.
5.3 Regulatory Recovery Fee. For each Number (virtual or otherwise), Rubix Voice Communications LLC
charges a “Regulatory Recovery Fee”. This charge recovers our costs of contributing to and/or participating in
various Federal, state and local regulatory programs, including FCC Regulatory Fees. The amount of this fee
may be fixed or variable (i.e. based on a percentage of billed revenue) and, as with all of our pricing, is subject
to change without notice.
5.4 Toll Charges and Plan Minutes. Every call using the Phone Service that originates from or terminates in the
Public Switched Telephone Network (“PSTN”) or any other network (including other VOIP networks) other than
the Rubix Voice Communications LLC network (an “Out of Network Call”), counts against included plan
minutes and/or is subject to the then applicable charges associated with your particular Service plan. Call
durations will be calculated in one-minute increments and fractional minutes will be rounded up to the nearest
whole minute. If the computed charge for a call or for any taxes and/or surcharges, includes a fraction of a
cent, the fraction will be rounded up to the nearest whole cent. You may be charged for dialing an International
phone number regardless of whether the called party answers the call. Higher toll charges may apply to calls
made to International mobile numbers, information services or premium rate telephone numbers. Rubix Voice
Communications LLC reserves the right to prevent calls to certain international destinations. Rubix Voice
Communications LLC reserves the right to require intra-billing period payment from customers on material
account balances derived from high usage.
5.5 Billing and Credit. For all Service plans, fixed charges will be billed to you in advance on the first day of
each Term. Toll, usage based, and all other applicable charges will be billed monthly in arrears. We will email
you a monthly statement (or a link thereto) which shows recent billing activity. If you require a paper statement,
you can print a PDF version of your statement from within your control panel. In some cases, we may agree to
send you a monthly statement by postal mail. However, an additional fee may apply. You hereby authorize us
to automatically charge the credit card number on file for your account at the time we send your monthly
statement, or at any time during the month in the event accrued toll charges are substantially higher than your
average. We will keep your recurring credit card authorization on file until we receive written instructions from
you indicating otherwise. Our provision of Service to you is at all times subject to credit approval by us. You
agree to provide us with such credit information or assurance as we may reasonably request from time to time.
You acknowledge that we may discontinue credit at any time without notice and/or require a deposit. In the
event you dispute any charges billed to you, you must notify us in writing within ten (10) days of the date of the
applicable statement or you will waive any objection and any further remedy with respect thereto. Written
statements disputing charges must be sent to 184 South Livingston Avenue, Suite 9-222, Livingston, NJ
When using the Voicemail to Text Services, Rubix Voice Communications LLC charges you a fee for each
message that was transcribed and sent to your email using your account. Rubix Voice Communications LLC
may also send a transcription as an SMS to your mobile phone. If a message exceeds a certain length of
characters, imposed by the mobile operator of your or any other intervening network, we may deliver the
message as a series of consecutive messages. You acknowledge and understand that Rubix Voice
Communications LLC transcribes only up to one minute of each voicemail message sent to your account.
You acknowledge and understand that your Network Operator may apply additional message delivery costs for
text messaging or e-mail messaging services and roaming charges. Rubix Voice Communications LLC is not
responsible for any charges applied by your Network Operator.
5.6 Delinquent Accounts. If you fail to pay your bill when due for any reason, Rubix Voice Communications
LLC may suspend or terminate the Service without prior notice, in which case all accrued charges shall be
immediately due (including Default Charges if assessed by Rubix Voice Communications LLC), plus a late fee
to cover our administrative costs of the greater of 1.5% per month or $5.00 per month (to the extent permitted
by applicable law) accrued from the date of invoice until payment in full is received by Rubix Voice
Communications LLC. We will not reactivate a suspended account until we receive payment in full, at which
time it will be subject to a $10.00 account reactivation fee. Although we may suspend your account, you are
not eligible for a pro-rated refund for the time that your account was suspended. If we terminate your Service,
your account will be terminated, and all files, emails, settings, configuration and other data stored by Rubix
Voice Communications LLC will be deleted and your phone number(s) may be reassigned. If collection efforts
are required on amounts due to us that are delinquent, you shall be liable to Company for all costs of collection
including reasonable attorney’s fees and fees of any outside collection agencies.
5.7 Numbering resources. Rubix Voice Communications LLC reserves the right to reclaim any phone number
assigned to your account if you do not send sufficient traffic over that phone number such that the number is
considered to be unutilized or underutilized by any local, state, or federal authority, or by any national
regulatory agency or governmental organization charged with overseeing numbering resources and
administration. Reclaimed numbers will be returned to the relevant numbering administrator that provided the
number to Rubix Voice Communications LLC. If we are required to reclaim a number from your account, we
will provide you at least two (2) weeks’ notice, unless we are prevented from doing so by the applicable
regulatory agency, governmental organization, or numbering administrator. If your account has been
suspended, we may not provide notice that the number is being reclaimed.
6. LIMITATION OF WARRANTIES, LIABILITY AND REMEDIES; INDEMNIFICATION
6.1 No Warranties. Except with respect to the limited warranty on Equipment as described above, we make no
warranties regarding the Service, express or implied, oral or written, statutory or contractual, including but not
limited to, any implied warranties of merchantability, fitness for a particular purpose or use, title or
non-infringement or any warranty arising by usage of trade, course of dealing or course of performance.
Except with respect to the limited warranty on Equipment as described above, all Service is provided “as is”.
We do not warrant that the Service (including firmware, software, transcription and Equipment) will be without
failure, delay, interruption, error, mistranslation or degradation of quality, or that your use of the same will not
result in loss of content, text message, data, or information, and hereby disclaim any and all liability with
respect thereto, including, without limitation, any liability in connection with the deletion or failure to store or
send any voicemail, text message, fax messages, any call-log information and/or other communications or
data maintained or transmitted by or through the Service. In addition, you will not be entitled to any credits or
other compensation for any of the same. Statements and descriptions concerning the Service, including
Equipment, if any, made by Rubix Voice Communications LLC or any Rubix Voice Communications LLC
Indemnities (unless confirmed in a writing signed by an authorized officer of Rubix Voice Communications
LLC) are intended to be informational in nature only and shall not be construed as a warranty of any kind.
6.2 Limitation of Liability.
6.2.1 NEITHER Rubix Voice Communications LLC NOR ANY OF THE Rubix Voice Communications LLC
INDEMNITIES WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR NETWORK,
FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT, DAMAGE OR DESTRUCTION OF, ANY DATA, TEXT MESSAGES, PROGRAMS, OR OTHER
INFORMATION OR PROPERTY THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY
OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF THE
NEGLIGENCE OF Rubix Voice Communications LLC OR ANY Rubix Voice Communications LLC
INDEMNITIES. IN NO EVENT SHALL Rubix Voice Communications LLC OR ANY OF THE Rubix Voice
Communications LLC INDEMNITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUE,
PROFITS, DATA OR USE, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO IN CONNECTION WITH
ANY PERSONAL INJURY OR WRONGFUL DEATH, OR ARISING OUT OF OR IN CONNECTION WITH
YOUR OR ANY THIRD PARTY’S USE OR INABILITY TO USE THE SERVICE, INCLUDING YOUR OR
THEIR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING
SERVICE OR TO OBTAIN EMERGENCY HELP, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORESEEABILITY THEREOF, AND
IRRESPECTIVE OF WHETHER ARISING OUT OF TORT, CONTRACT, PRODUCT LIABILITY, OR ANY
OTHER THEORY OF LAW OR EQUITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
Rubix Voice Communications LLC DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY ACTS
AND/OR OMISSIONS OF EMERGENCY SERVICE PERSONNEL (INCLUDING THEIR FAILURE TO
ANSWER 911 CALLS), AND OF ANY OTHER THIRD PARTIES BEYOND OUR CONTROL.
6.2.2 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOUR SOLE AND EXCLUSIVE
REMEDIES FOR DELAYS IN INSTALLATION, ACTIVATION, COMMENCEMENT, OR RESTORATION OF
THE SERVICE, FOR MISTAKES, ACCIDENTS, OMISSIONS, MISTRANSLATIONS, DELIVERY FAILURES,
INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN TRANSMISSION OR THE PROVISION OF
SERVICE HEREUNDER, OR FOR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE SERVICE SHALL BE THE EXPRESS REMEDIES SET FORTH IN THIS
AGREEMENT. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE
UNENFORCEABLE, AND FOR ALL OTHER PURPOSES, IN NO EVENT SHALL OUR MAXIMUM LIABILITY
ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICE EXCEED THE AMOUNT ACTUALLY PAID
BY YOU IN THE PREVIOUS TWELVE MONTHS FOR SERVICES PROVIDED HEREUNDER, EXCEPT IN
INSTANCES WHERE A NUMBER WAS RESERVED AND THEN DETERMINED TO BE UNAVAILABLE. IN
THAT INSTANCE, Rubix Voice Communications LLC’S LIABILITY IS LIMITED TO THE COST OF THE
NUMBER PAID BY THE CUSTOMER.
6.2.3 Rubix Voice Communications LLC RESERVES THE RIGHT TO INVESTIGATE AND TAKE
APPROPRIATE LEGAL ACTION AGAINST ANYONE WHO, IN Rubix Voice Communications LLC’S SOLE
DISCRETION VIOLATES THESE TERMS, INCLUDING, WITHOUT LIMITATION, REMOVING OFFENDING
CONTENT FROM ITS SERVICES, SUSPENDING AND TERMINATING ACCESS OF SUCH VIOLATORS
AND REPORTING YOU TO THE LAW ENFORCEMENT AUTHORITIES.
6.3 Indemnification. Customer agrees to defend, indemnify, and hold harmless Rubix Voice Communications
LLC and the Rubix Voice Communications LLC Indemnities from and against all Indemnifiable Damages
incurred or suffered by any of them arising out of or relating to this Agreement or the Service (including
Equipment and 911 dialing), except to the extent caused by our own gross negligence or willful misconduct.
This Section shall survive termination or expiration of this Agreement.
7. RESOLUTION OF DISPUTES; GOVERNING LAW; CALEA ACT
7.1 Mandatory Arbitration of Customer Claims. ANY DISPUTE OR CLAIM YOU MAY HAVE AGAINST Rubix
Voice Communications LLC ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT
(INCLUDING THE INTERPRETATION THEREOF) SHALL BE RESOLVED EXCLUSIVELY BY YOUR
COMMENCEMENT OF AN ARBITRATION PROCEEDING BEFORE A SINGLE ARBITRATOR
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS
COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE HELD IN THE STATE OF TEXAS,
USA. The parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement
provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and you will not
bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. You acknowledge that this arbitration provision constitutes a waiver of any
right to a jury trial and may require you to travel to a location beyond your place of residence or business in
order to commence and participate in the arbitration. You further agree that regardless of any statute or law to
the contrary, any such arbitration must be filed by within one (1) year after the underlying claim or cause of
action arose or the same will be deemed forever waived by you.
7.2 Governing Law. The Agreement and the relationship between you and Rubix Voice Communications LLC
shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. With respect
to any claims or disputes Rubix Voice Communications LLC may have against you, you agree to submit to the
personal and exclusive jurisdiction of the state and Federal courts located in or nearest to the State of Texas,
7.3 CALEA. You acknowledge that Rubix Voice Communications LLC intends to fully comply with the
Communications Assistance for Law Enforcement Act of 1984, and all rules and regulations promulgated
thereunder, as the same may be amended from time to time (“CALEA”). You agree and consent to Rubix Voice
Communications LLC’s right to monitor, tap, trace and otherwise disclose the nature and content of your
communications if and as required by law enforcement authorities without notice to you and to provide such
other assistance to law enforcement authorities as may lawfully be requested by them.
8. CHANGES TO AGREEMENT, SERVICE AND PRICING
8.1 WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO REFUSE OR DISCONTINUE SERVICE TO
ANYONE FOR ANY REASON AND TO CHANGE OR CANCEL THE SERVICE, THE PRICING AND/OR THIS
AGREEMENT AT ANY TIME. EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, SUCH CHANGES OR
CANCELLATIONS MAY BE MADE WITHOUT NOTICE AND WILL BE EFFECTIVE IMMEDIATELY UPON
THE POSTING OF THE SAME (OR A MODIFIED OR AMENDED VERSION OF THE AGREEMENT) ON THE
WEB SITE AT WWW.RUBIXVOICE.COM . YOUR USE OF THE SERVICE AFTER SUCH CHANGES OR
CANCELLATIONS HAVE BEEN POSTED ON THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF
THE SAME. FOR THIS REASON, IT IS STRONGLY RECOMMENDED THAT YOU PERIODICALLY REVIEW
THE WEB SITE.
8.2 IN THE EVENT YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE ENFORCEMENT OF
MATERIAL CHANGES TO THIS AGREEMENT WITHOUT EXPRESS NOTICE TO YOU, PRIOR TO SUCH
CHANGES OR CANCELLATIONS BECOMING EFFECTIVE WITH RESPECT TO YOU, Rubix Voice
Communications LLC WILL NOTIFY YOU THEREOF BY ELECTRONIC MAIL WHICH WILL CONTAIN THE
CHANGED TERMS OR A LINK TO THE WEB SITE WHERE SUCH CHANGES OR CANCELLATIONS ARE
POSTED. YOUR USE OF THE SERVICE AFTER RECEIVING SUCH NOTICE SHALL CONSTITUTE YOUR
ACCEPTANCE OF ALL SUCH REVISIONS AND CANCELLATIONS.
9.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Rubix Voice
Communications LLC with respect to the subject matter hereof and expressly supersedes and replaces any
prior or contemporaneous agreements, written or oral, relating to the Service. Without limiting the generality of
the foregoing, the terms and conditions of this Agreement are in lieu of and replace any and all terms and
conditions set forth in any documents that may be issued by you, such as, but not limited to, purchase orders.
ANY OTHER TERMS OR CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY YOU AT ANY TIME
(INCLUDING ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS) ARE HEREBY OBJECTED TO BY
Rubix Voice Communications LLC AND SHALL NOT BE BINDING IN ANY WAY ON Rubix Voice
9.2 Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and permitted assigns. Notwithstanding the foregoing, you shall not assign, delegate, or
transfer any of your rights or obligations hereunder without the prior written consent of Rubix Voice
9.3 Waiver and Severability. Rubix Voice Communications LLC’s failure at any time to require your
performance of any provision of this Agreement shall in no way affect our right at a later time to enforce the
same. In addition, no waiver by Rubix Voice Communications LLC of a breach of any provision of this
Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or
construed as a further or continuing waiver of such breach of any other term of this Agreement. In any case, no
act or omission by Rubix Voice Communications LLC shall be construed as a waiver of any provision of this
Agreement unless it is confirmed in a writing signed by an authorized officer of Rubix Voice Communications
LLC. If any part of any provision of this Agreement shall be invalid or unenforceable under applicable law or
conflict with any law, such provision shall be restated to reflect the original intentions of the parties in
accordance with applicable law or, if such restatement is not possible, severed from the Agreement. In any
case, the remaining parts of such provision and/or the remaining provisions of this Agreement shall remain in
full force and effect.
9.4 No Third-Party Beneficiaries. This Agreement is for the benefit of the parties hereto and is not intended to
confer any rights or benefits on any third party. There are no third-party beneficiaries as to this Agreement or
any part or specific provision of this Agreement.
9.5 Survival. Any provision of this Agreement that imposes or contemplates continuing obligations on a party
will survive the expiration or termination of this Agreement or the Service.
9.6. Force Majeure. Without limiting the generality of any of the other limitations contained in this Agreement,
Rubix Voice Communications LLC shall not be liable for any delay or failure 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 causes beyond
Rubix Voice Communications LLC’s control.
9.7 Notices. YOU AGREE THAT Rubix Voice Communications LLC WILL COMMUNICATE WITH YOU VIA
ELECTRONIC MAIL SENT TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT. YOU ARE
RESPONSIBLE FOR NOTIFYING Rubix Voice Communications LLC OF ANY CHANGES TO YOUR EMAIL
ADDRESS BY UPDATING YOUR ACCOUNT PROFILE ON THE WEB SITE. WE USE EMAIL TO
COMMUNICATE IMPORTANT INFORMATION ABOUT THE SERVICE, BILLING, CHANGES TO THE
SERVICE AND OTHER INFORMATION. THE INFORMATION IS TIME-SENSITIVE IN NATURE. YOU MUST
READ ALL EMAIL WE SEND TO YOU IN A TIMELY MANNER.