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1-ClicMAX™'s Terms & Conditions

Welcome to the website (the "Site") of Lunex Telecom, Inc., ("Lunex"). Lunex provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of Lunex services (e.g., purchase of phone cards), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Lunex reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Lunex hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Lunex in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Lunex in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Lunex in advance. Lunex reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Companies believes that customer conduct violates applicable law or is harmful to Lunex’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Lunex may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Lunex have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Lunex of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

INTELLECTUAL PROPERTY
All text, graphics, button, icons, /images and software (collectively, “Content”), belongs exclusively to Lunex. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Lunex. All software used on this Site (the “Software”) is the property of Lunex or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Lunex Telecom and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Lunex. The use of any Lunex trademark or service mark without Lunex’s express written consent is strictly prohibited. You may not use any of Lunex trade or service mark in connection with any non Lunex product or service or in any way that is likely to cause confusion. You may not use Lunex’s trademarks or service marks in any manner that disparages or discredits Lunex.

WALLET ACCOUNT CREDIT CARD TRANSACTION AGREEMENT
By clicking here, Retailer agrees that the credit card used for this transaction is valid and that Retailer is the authorized user. If the credit card transaction failed or the transaction amount is charged back after Lunex had already provided credits to Retailer and Retailer had utilized the credits to sell Lunex Products, then Retailer is liable to Lunex for the charged back amount plus all related charge-back fees.

PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at lunextelecom.com.

RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon Lunex’s delivery of the items to the carrier pursuant to Lunex’s standard terms of sale.

TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Lunex may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Companies shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE AT LunexTelecom.com (and on the webpages to which that webpage links), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY LUNEX ON AN "AS IS" BASIS. LUNEX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE AT LunexTelecom.com (and on the webpages to which that webpage links). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUNEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. LUNEX DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICE IS NOT INTENDED FOR TIME CRITICAL, LIFESAVING, INVESTING, OR OTHER "IMPORTANT" MESSAGES AND 1CLICMAX.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DECISIONS, ACTIONS, OR EVENTS BASED ON TEXT MESSAGES/E-MAILS, OR THE FAILURE OF DELIVERY OF ANY TEXT MESSAGES AND/OR E-MAILS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUNEX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUNEX'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO LUNEX DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO LUNEX’S LIABILITY.

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Lunex shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Lunex shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Lunex shall immediately issue a credit to your credit card account in the amount of the charge.

LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Lunex is not responsible for the operation of or content located on or through any such site.

REMEDIES
You agree that Lunex’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Lunex shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Lunex may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Lunex shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Lunex of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW
This site is created and controlled by Lunex Telecom, Inc. in the State of Georgia, USA. As such, the laws of the State of Georgia will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

DISPUTES
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Gwinnett County, Georgia, except that to the extent you have in any manner violated or threatened to violate Lunex’s intellectual property rights, Lunex may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Georgia. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

TERMS & CONDITIONS FOR LUNEX PRODUCTS

1-ClicMAX™ Terms & Conditions
*$1 free offer is only valid once per new phone number for limited time. Calls are rounded in increments of one minute. Calls made to international cellular phones may be billed at a higher rate. Rates may vary depending on destination number within the country. Advertised rates and/or minutes do not include regulatory and carrier recovery cost. Regulatory and carrier recovery cost of ninety nine cents per call may apply. Rates and fees are subject to change at any time without prior notice. If there are no account activities within 12 months, then the account will be deactivated. Account can be reactivated within 12 months of deactivation by calling Customer Service. Calls made using the 888 access number are billed an additional two cents per minute. Calls made using Hawaii local access numbers are billed at an additional one cent per minute. When using the 888 access number from a pay phone to make a call, a ninety nine cents per call surcharge will apply. Calls cannot be made from Guam, Virgin Islands, Saipan, and Puerto Rico by using the 888 access numbers. Calls to destinations where telecommunication networks are not technologically advanced may result in calls getting cut off; if this occurred, please call customer service to receive refund of lost minutes. The Company is not responsible for loss, theft, unauthorized use of 1-ClicMAX™ account, customer's misdialing, misusage of local access numbers, and any surcharges from customer’s carrier/provider. 1-ClicMAX™ account may be deactivated if fraudulent activities detected. PIN-Less feature will not work if Caller ID is blocked or called from a pay phone. 1-ClicMAX™ has no cash value, not transferable, not refundable, and has no expiration date. Purchase can only be cancelled within 48 hours after purchased if unused. For additional information regarding rates, terms and conditions governing the use of this, please contact Customer Support at 1-888-333-2404 or visitwww.LunexTelecom.com.

Top Up Terms & Conditions (Recharge Minutes Cell Phone):
Lunex is an independent entity appointed by mobile network operators to sell Recharge Minutes services on their behalf. All Recharge Minutes transactions are final and non-refundable. Recharge Minutes service is usually available to use in approximately ten minutes after successful Recharge Minutes; however, delays may occur. Lunex will not be responsible if customer entered wrong recipient's mobile number. Upon receipt of proper and complete recipient information, Lunex will forward such order to the relevant mobile network operator and will debit the Customer's account accordingly. Taxes may apply to certain Mobile Providers. Cancellation of purchase: (1) for Top-Up USA (DTU), PIN products, purchase can only be cancelled within 24 hours after purchased if unused; (2) for Top-Up USA (DTU), Real Time Replenishment (RTR) and International Top-Up (ITU) products, purchase cannot be cancelled after sales transaction is completed. All terms and rates are subject to change without notice. For latest terms & conditions, please contact Customer Service.

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Lunex Telecom, Inc.
3805 Crestwood Parkway, Suite 350
Duluth, GA 30096

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