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Terms of Service & Privacy

Company – Client Telecommunication Service Agreement (Updated June, 2017)

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OVERVIEW

 

This website is operated by NES Mobile Ltd.. Throughout the site, the terms ”company” “we”, “us” and “our” refer to NES Mobile Ltd. NES Mobile Ltd. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

  1. Terms and Conditions of Service 

 

1.1. Acceptance. YOUR AGREEMENT WITH NES Mobile A.S. (2012) LTD Israeli Company ID number: 514708882 (Company) STARTS WHEN YOU (Client) ACCEPT. You represent that you are at least 18 years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service or a NES Mobile Device purchased from NES Mobile. IF YOU DON’T WANT TO ACCEPT, DON’T DO ANY OF THESE THINGS.

 

1.2. The Company will provide the Client, and the Client will acquire from the Company, telecommunication services in accordance with the terms and conditions set out in this signed agreement.

 

1.3. It is understood that the Client’s agreement is solely with the Company. The company has obtained the right to provide the services contemplated herein from their providers (including but not limited to Cellcom, Bezek, HOT, Pelephone, Partner, Rami Levi, 012, Golan Telecom, eKit, Smile, Alon telecom etc. re: “the providers”), and the Client has no rights from those service providers.

 

1.4. All information from the providers concerning the use of the telecommunication services which are the subject herein, including but not limited to, use thereof, details of calls, times and length thereof, or any other information, shall be provided by the providers to the Company only. The Client waives all rights of privacy with respect to such information.

 

1.5. The Company reserves the right to cancel the service to the Client, and disconnect the service, for any reason.

 

1.6. The records, invoices and other records of the Company and/or the providers with regard to the telephone and service which are the subject herein shall be binding on the Client.

 

1.7. The Company may include the name and other details of the Client in any database or publication of the Company.

 

1.8. The signed or electronic contract, together with these terms and conditions, constitutes the entire agreement between the parties, and no amendment or modification hereto shall be in force unless it is in writing or e-mail.

 

1.9. The Client acknowledges that changes made to the agreement including termination by the same medium of email are legal and binding when confirmed by the Company.

 

1.10. Service of process on the Client may be made at the address of the Client, as set out in signed agreement. Furthermore, these Terms and Conditions are subject to change at any time and without notice. Current Terms and Conditions are those posted on our website at www.nesmobile.net/terms

 

  1. Payment

 

2.1. Provision of services by the Company is subject to fulfillment by the Client of all of the Client’s obligations hereunder, including but not limited to, payment of all charges on his account for calls (including primary and third party usage and connections), data calls and additional services.

 

2.2. The Company reserves the right to make changes to the rates without prior notice. The Company reserves the right to modify existing or contracted rates in case of fluctuations in the currencies market, including but not limited to adjusting a fee or surcharge in order to equalize currency values to the current Israeli shekel.

 

2.3. The Client hereby irrevocably authorizes the Company to charge his credit card, as set out in the signed contract, for all charges incurred by the telephone and or service which is the subject hereof. The Client understands that payment through any other method (such as but not limited to cash, check and so on) may incur an additional processing fee.

 

2.4. This agreement shall have full effect notwithstanding that the actual user of the service may be less than 18 years of age.

 

2.5. The Client recognizes the right of the Company to access, evaluate and exchange the Client’s credit history in order to service the account.

 

2.6. In the case of a change in the Client’s personal information (such as but not limited to, change of billing/home address, user’s program information, etc.), the Client bears full responsibility for providing the Company with the updated information. The Company will not be obligated to compensate for discounts lost because of delinquency on behalf of the Client to provide such information. Failure to provide the Company with the same may result in disconnection of service.

 

2.7. Billing cycles and other Company actions may be interrupted by a force Major. The Company will not be liable in such cases.

 

2.8. If and when the Company’s service providers (including but not limited to Cellcom, Bezek, HOT, Pelephone, Orange, ekit, Golan Telecom, 012, Rami Llevi, Smile, Alon telecom etc.) decide to give credit and/or discounts to their clients whether as bonuses, and/or as reimbursements, and/or severance, the client shall not be entitled to receive any such funds.

 

2.9. The Company reserves the right to suspend or terminate service to the Client at any time with or without notice in case of failure of payment by the Client. The Company will use reasonable commercial efforts to contact the Client according to the contact information set out in the signed contract in such event prior to such termination.

 

2.10. The Company reserves the right to assess a service charge or reconnection fee as a result of a suspension, or resumption of service after payment has been received in full. Fees currently stand at $25.00 US (as of February 2016). In the case of a legal dispute regarding previously collected payment (e.g. a “chargeback”), upon resolution of the dispute in favor of the Company, the Company reserves the right to assess a processing fee, currently set at $75.00 USD (as of February 2016).

 

2.11. In the case of protracted negligent payments, the Company reserves the right to file Delinquency Reports with any or multiple credit agencies and bureaus.

 

2.12. In addition, all fees and costs related to the collection of monies owed under these terms and conditions are the sole responsibility of the client.

 

2.13. Penalties for overdue bills may be charged, according to the היתר עסקה Heter Iska of Bank Mizrahi Israel.

 

2.14. Although any user may be specified on a contract with the Company, it is still the legal obligation of the credit card holder that is listed on the client’s agreement to pay for all fees, including but not limited to, calls, SMS, data usage, monthly fees, delivery fees, services and VAT (value added tax) incurred by the user.

 

2.15. Under no circumstances may the credit card holder refuse payments based on any non-agreement with user’s calling patterns or for any other reason.

 

2.16. All prices listed with “$” sign are in USD.

 

2.17. Client represents and warrants that the Client shall notify and advise the Company of any service or product complaints immediately so that the Company can address such concerns and rectify them if needed. Failure to report such complaints and problems immediately will void the Client’s ability to receive prorated service credit or refund under Company’s obligations.

 

  1. Client Liability –

 

3.1. The Client may not at any time transfer or sublet their contracted service to any other person or institution.

 

3.2. Notwithstanding the above, the Client shall be responsible for all charges incurred by the telephone number, phone line, or rented equipment of the Client, whether or not such use was made by the user or was authorized by the Client.

 

3.3. It is explicitly stated that if the equipment is stolen or otherwise taken unlawfully, the Client shall remain liable for the charges incurred through the Company’s service until the phone line or PIN is actually disconnected by the MNO, MVNO or the relevant provider after due notice.

 

3.4. The client is aware that sole responsibility to disconnect the line in case of theft or loss is the clients’ alone.

 

3.5. The Company reserves the right to cancel or disconnect the service to the Client immediately without providing notice if the Client is in breach of its obligations to the Company or violates applicable MNO rules and regulations or any law, rule, regulation, term or condition of cellular telephone service under Israeli law. The Client declares that third-party telecommunications providers may at any time and at their sole discretion restrict and/or terminate absolutely, temporarily or permanently, the use of their cellular networks by persons renting from the Company, as a result of capacity limitations of the mobile radio-telephone network, conditions affecting mobile radio-telephone broadcasts, security and/or political limitations imposed on the mobile radio-telephone network, and similar circumstances that shall justify termination of the mobile radio-telephone services, and the customer shall have no demand and/or claim against the Company resulting from such termination or restriction.

 

3.6. In case of calls or services used by the client in a way that differs from the rental agreement, the Company may not honor the rates as per the agreement.

 

  1. Waivers and Limitations of Liability.

 

4.1. UNLESS PROHIBITED BY LAW, EACH PARTY AGREES TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER PARTY WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS THE CLIENT MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT THE COMPANY WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. THE CLIENT AGREES THAT THE COMPANY IS NOT LIABLE FOR PROBLEMS CAUSED BY THE CLIENT OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.

 

4.2. Indemnification. The Client agrees to defend, indemnify, and hold the Company harmless from any claims arising out of use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.

 

  1. VAT

 

5.1. VAT (value added tax, at the rate set by the Israeli government) shall be calculated for and added to all charges, including but not limited to, call rates & charges, rental fees, equipment fees, insurance fees, service fees and delivery fees.

 

  1. Usage

 

6.1. Occasionally the Company may require a minimum level of outgoing call usage per month from the Client in order to guarantee contracted rates, specials, and the like.

 

6.2. In this case, the signed agreement will state that a certain offer is dependent on a minimum level of outgoing usage.

 

6.3. If the minimum usage requirements are not met, the Company reserves the right to bill additional fees to the Client for the entire sum duration of the contract or to take other action, as per the original agreement such as termination of a line unused for outgoing calls in a certain time period.

 

  1. Unlimited voice, data or text packages

 

7.1. Unlimited plans are offered (when available) with the understanding that they are primarily for voice services (dialogue) or text services (individual messages) as used by a single Client and not shared. They are not to be utilized (primarily) for call forwarding, conference calling or broadcasting to mailing lists.

 

7.2. In case of abuse, defined as usage exceeding that of normal, single person live dialogue or text (roughly approximate to 3000 minutes per month or 3000 outgoing texts), the Company may, at its discretion, terminate the Client’s service or change the Client’s plan to one with no unlimited usage components. Unlimited data for SIM card plans is limited to 10 GB per month, and for a Pocket WiFi (MiFi) device rentals it’s limited to 60 GB per month. In cases where the rental period is shorter than a month, then the usage amount exceeding that of normal usage will be prorated. In General, Unlimited plans are not prorated.

 

7.3. Unlimited packages or plans may not be used for data transmissions or broadcasting, excessive call forwarding, Calls to service numbers (Information, *-numbers and toll-free access numbers), Some international calls, Calls to mobile numbers with landline prefixes, only countries below incur a small charge per minute.

 

7.4. Unlimited packages or plans do include calls to the US, Canada, Israel, UK landlines, France and Australia and more unless otherwise specified.

 

7.5. The Company reserves the right to limit special offers, such as, but not limited, to free minute plans to one per user.

 

7.6. Unlimited Text: Includes any Israeli cell phone. International texting is NOT included unless specifically mentioned.  Surcharges to MMS messages apply to Israeli and International destinations.

 

  1. Equipment Service and Insurance

 

8.1. Insurance coverage is per MNO’s standard insurance terms and covers repair of telephone handsets when repair is possible, and replacement of handset in the case of loss, theft, or irreparability. Unless otherwise stated all plans and devices include insurance.

 

8.2. Replacement will be conditioned on the payment of a deductible fee by the Client, paid directly to the Company.

 

8.3. The Client is responsible for paying for the repair and/or replacement of damaged and/or missing rental equipment including but not limited to water damage. The Company may choose to repair the phone with third party vendors.

 

8.4. Neither the Company nor Cellcom or any other MNO shall have any obligation to the Client, to the user or to any other person as a result of the unavailability of the use of the phone while awaiting repair or awaiting replacement.

 

8.5. Equipment rented out by the company that needs to be serviced may be done by the company’s repair services or directly through any lab the company chooses to work with.

 

8.6. Tampering with internal components of cellular equipment (such as but not limited to phones, GPS units, etc.) when a label indicates that such action will void the warranty will also result in a “complete loss” penalty.

 

8.7. Courier service to bring equipment in, to be serviced either by the MNO or the Company and / or to return equipment to the Client after such service, will be charged according to a fixed rate schedule depending on the location of the Client.

 

8.8. The client is not eligible for any refund for loss of usage during the period the phone was at out of order and the like.

 

  1. Duration

 

9.1. The term of this agreement begins on the date specified on the signed agreement and ends on the date specified thereon.

 

9.2. Unless otherwise specified student plans can be canceled only at the end of each billing cycle.

 

9.3. Minimum rental days apply. Short-term, 10-day minimum and students, 5 full billing cycles. You will be charged the minimum rental period even if you actually used our service for less than the minimum duration.

 

9.4. The Client shall pay the charges incurred in connection with the telephone each month for the duration of the contract, whether or not the telephone is actually in use during any portion thereof.

 

9.5. The Client may extend the end date of their agreement at any time prior to the end date by emailing us.

 

9.6. The Client remains responsible for usage of the Company’s service or equipment past their end date until such time as the contract is renewed or terminated.

 

9.7. The Company reserves the right to disconnect its service in the case of an expired account that was not renewed.

 

9.8. To qualify for student packages and rates you must rent the phone/service for at least 5 months.

 

9.9 A cancellation fee of $10 per line may be charged for any reservations canceled after the order is processed. If the device and/or SIM card were already shipped then the shipping costs as listed on our site would be added to the cancellation fee. Prices and rates are subject to change. If you chose the FREE 10 day in advance shipping, and then cancel the order, you will be charged $15 for shipping and handling.

 

  1. Equipment Return

 

10.1. The client must return the rental equipment immediately upon the conclusion of the rental.

 

10.2. All rental equipment provided at the initiation of the contract must be returned to the Company. The Client agrees to be billed for equipment that is not returned to the Company, or that is returned to the Company damaged, upon termination of the agreement.

 

10.3. The Company reserves the right to charge late fees and or continued rental and service charges until the time of return.

 

10.4. Short term rentals will be allowed a 7 day grace period for rental return.

 

10.5. Rental equipment must be returned according to the following instructions available on the site.

 

10.6. Penalties and shipping fees are applicable if the equipment is returned to a different location than required by these regulations.

 

10.7. If the equipment is not returned within the specified seven (7) business days, late fees and/or additional rental or service fees will in all cases continue to apply.

 

10.8. The Client is responsible for any calls made following the expiration of the agreement until the equipment is returned to the Company and receipt confirmed.

 

10.9. The Company shall, at its discretion, deduct from the telephone deposit and/or charge such amounts as it determines to be appropriate to reflect the diminished value of a telephone that is not returned in good condition, where such damage is not covered by the insurance.

 

10.10. Unless specified otherwise, SIM cards should be broken or cut up before being disposed of. Make sure the gold part of the SIM is broken or cut.

 

10.11. The following pay schedule is current as of June 2017, is not inclusive of VAT, and is subject to increase:

 

  • Replacement of rented basic telephone handset – $79 to $99 USD (high tier models may be higher)
  • Replacement of telephone battery – $20 USD
  • Replacement of phone charger – $20 USD
  • Replacement of phone case, face plate, casing, car charger or hands free device – $15 USD
  • Replacement of rented cellular Pocket WiFi (MIFI) device – $150 USD
  • Replacement of rented cellular broadband modem device – $120 USD

 

  1. Termination of agreement

 

11.1. Clients renting equipment from the company, terminate their agreement upon the return of the equipment to a Company representative.

 

11.2. In the case that the Client cannot return the rental equipment (as in a case of theft or loss), the Client’s contract will be terminated as of the date the Client declares to the Company in writing their desire to terminate the agreement and replace the equipment by the company.

 

11.3. Clients not renting equipment must terminate their agreement explicitly in writing.

 

11.4. The Client understands that they will be billed for usage and/or rental fees that accrued before the date of termination, notwithstanding the fact that invoices and charges will be processed after that date.

 

11.5. Termination of the account does not terminate the obligations of the Client including payment for usage and fees incurred by the Client’s account prior to termination.

 

11.6. A Client’s account will be fully closed once all outstanding payments are resolved.

 

  1. Mobile Network Operator (MNO) limitations, liability and data provision

 

12.1. The Client is aware that the Company is providing some services through MNOs network (such as Cellcom, Orange, HOT, Pelephone, ekit, Rami Levi, Golan Telecom, Smile, Alon telecom etc.), and therefore the Client shall be subject to all of the rules, regulations, terms and conditions applicable to such service under Israeli law or under the MNO’s general agreement for provision of telecommunications services.

 

12.2. The Client is aware that such agreement provides specifically, and without limitation, that neither the MNO nor any employee or representative thereof shall have any liability for any damage, specific, direct or indirect, caused as a result of the limitation of the cellular service, its suspension, disconnection or termination, in violation of the general agreement, whether consciously or by error, or by error with regard to Bezeq, or non-inclusion in any Bezek electronic record, or any delay in any of the above.

 

12.3. Cellcom’s and other MNO’s full license can be found in their respective websites.

 

12.4. The Customer will be billed for usage on the equipment according to the monthly usage data provided by the MNO and/or any outside providers according to the standard billing cycle of the Company.

 

12.5. In the case of delay of transmission of said monthly usage data (for example but not limited to a call from two months ago only being provided to the Company for billing now), the usage will be charged against the current cycle calculated at the current rate for usage (including totals of minutes against allotted packages).

 

12.6. The Company cannot support retroactive delayed calculations at previous tariffs.

 

12.7. The Client is further aware that the service provided by the Company is subject to the quality and availability of the MNO service in Israel for Israeli SIM card and lines services, or for subject to the quality and availability of various global MNO service in the case of international global SIM cards. In particular, the Client is aware that cellular telephone service may not be available in all parts of Israel or the territories administered by the Israel Defense Forces or the Palestinian Authority, and various global territories covered by international SIM cards, or that conversations may be of poor quality, or may disconnect from time to time and from place to place.

 

12.8. The Client shall have no claims whatsoever against the Company or the MNO with regard to the above.

 

12.9. The Client understands that the Company is in no way responsible for any damages or harm incurred on the Client’s self or to others during usage of a phone or any of its accessories. This includes both direct and indirect damage.

 

  1. Line porting

13.1 When porting a number to NES Mobile, please be aware that not in all cases will it be possible to re-port the number back to another carrier. In the event that you choose to switch carriers and the number cannot be re-ported, NES Mobile will provide one month of outgoing VM (voice mail) for you to leave a message about the change of your number.

13.2 Please be aware, if you are assigned a new NES Mobile number, this number cannot be ported.

 

  1. Legal

14.1. Any disputes between the parties shall be adjudicated by the Rabbinical Courts of Eretz Chemda Gazit Bet Shemesh under Halachic (Jewish) Law.

 

14.2. Company’s Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Client Service is subject to our business policies, practices, and procedures, which we can change without notice. COMPANY CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. CLIENT MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) COMPANY CHANGES YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES THE CLIENT’S MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 144, or downloads), or taxes and fees); (B) COMPANY MATERIALLY DECREASES THE SERVICE ALLOTMENTS THE COMPANY AGREED TO PROVIDE TO THE CLIENT FOR YOUR MONTHLY RECURRING CHARGE; OR (C) THE COMPANY MATERIALLY CHANGES A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE THE CLIENT.

 

  1. Warranty for a New / Refurbished Cellular Device

 

We the undersigned, having purchased a new/refurbished cellular device from NES Mobile, agree to the following terms of warranty:

15.1. Within the warranty period, beginning from the date of purchase for the period of one year/three months, the customer will be entitled to a warranty for any electrical/electronic defect that will be discovered in the cellular product in the course of normal use.

 

15.2. During this warranty period, the customer is entitled to complete warranty for any defect in the cellular device or its battery.

 

15.3. The warranty specified in paragraphs 1 and 2 does not include loss and/or theft and/or water damage and/or corrosion, and/or damage caused by dropping the device or that was caused by unreasonable use or misuse of the device, or as a result of intentional or unintentional damage that was caused by any use that does not follow the manufacturer’s instructions and/or as a result of repairs, adjustments or additions made to the device which have not been approved by the manufacturer or which were done by an agent not approved by the manufacturer or NES Mobile or on their behalf. Any unauthorized repairs/changes made to the device will nullify this warranty and any further repairs needed will be done at a cost to the customer.

 

15.4. The warranty for the device will be honored by NES Mobile by presenting this warranty certificate as well as identifying details of the device attached to a bill or receipt proving that the device was purchased from NES Mobile.

 

15.5. Any other malfunctions of the device that occur will be repaired by NES Mobile at the request of the customer, according to the NES Mobile rates for the specific repair and device.

 

15.6. NES Mobile will not be responsible for damages – whether direct or indirect – that the customer or any other party will incur for anything connected to the repair service and the warranty given to the customer and/or for loss or damage to the device, such as: Loss of data, memory, pictures, etc. or by an act of God that is not under the control of NES Mobile.

 

15.7. This warranty is valid only in the State of Israel.

 

  1.  Privacy policy

In addition to the statement in section 1.4 above, the NES Mobile website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track how you use the site to target ads to you on other websites.

 

  1. Third-Party Links

 

This website is a participant site with affiliate advertising programs which allows websites to earn compensation for sales by linking to their products. Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

  1. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.