User Agreement
Maestro Subscription and Account Maintenance
Please read the following Agreement before submitting your Subscription Form. By submitting the completed Subscription Form or by using the Maestro, LLC Service, you agree to all of the terms and conditions of this Maestro LLC Service Usage Agreement ("Usage Agreement"). If you do not agree with any of the terms or conditions contained herein, please do not use the Maestro, LLC Service.
Maestro, LLC ("Maestro") reserves the right to change, modify, add or remove portions of this Usage Agreement or the terms or conditions contained herein at any time. Changes to the agreement will be periodically made and included in a new "Usage Agreement" which will be posted in replacement of the old "Usage Agreement". Your continued use of the Maestro Service following the posting of any changes will mean that you have accepted the changes.
1. Definitions.
The Maestro Service (the "Service") is the premium information service provided by Maestro, LLC, consisting of information services and content provided by Maestro, affiliates of Maestro, and third parties. "You" or "yours" refers to each person who establishes an authorized account ("Account") or who is authorized to access and use the Service. Any other users who are given permission by primary account holder "You", are not the responsibility of Maestro to monitor usage for irregularities. Persons calling in with the necessary information to access and utilize Maestro's services will be considered authorized by you as being a permissible user.
2. General.
The Maestro card program is limited in its term and duration. Unless otherwise noted on the puchase agreement, the Maestro cards will be activatable for 365 days from the date of delivery of the cards. Once activated, the minutes on the cards can be used by the recipient for 365 days from the time of activation of the card.
3. Usage.
Your use of the Service constitutes your agreement to all of the terms, conditions and notices below in addition to the general terms and conditions contained in this Agreement. If you do not agree with these provisions, please do not use the Services. As stated above, Maestro reserves the right to change, modify, add or remove portions of this Usage Agreement at any time. Please check the "User Agreement" section of the Service periodically for any such changes. Your continued use of the Service following the posting of any changes will mean that you have accepted the changes.
- In General
As a condition of using the Service you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service. In addition, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another's copyright rights). You may not use the Service in any manner that could damage, disable, overburden or impair the Maestro Web site, Maestro Call Center, any user of the Web site, any user of the Call Center , or interfere with any other party's use of the Service. - Copyright and Trademark Protection
All materials contained on the Service (including, without limitation, the Web site's "look and feel," layout, design, text, software, images, graphics, video and audio content "Materials") are the property of Maestro, its affiliated companies or licensors and are protected by U.S. copyright, trademark and other intellectual property laws and international treaties. - Third Party Web Sites
Links and query results to other Internet resources are provided for your convenience. These online resources have been chosen by Maestro due to their ease of use and relevance of information, and such resources' development and maintenance are not under the direction of Maestro Thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by Maestro nor endorsed by Maestro.
Because Maestro has no control over such Web sites and resources, you acknowledge and agree that Maestro is not responsible for the availability of such external Web sites or resources. In addition, you acknowledge and agree that Maestro does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. Furthermore, you acknowledge and agree that Maestro will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, products or materials.
The use of the Service is for informational purposes only. User is solely responsible for any consequences of their use of any of the information provided by Maestro The user understands that Maestro is solely a third party employed to retrieve information at the user's request. Maestro will in no way be held liable for any recommendations, advice, directions, usage, or any other information that is relayed by fax, email, text message, verbal, written, or any other electronic media or communication method. - Web Searches
A significant portion of Maestro Services involves our phone agents visiting online resources on behalf of the User. Maestro reserves the right not to visit any website Maestro deems inappropriate for any reason by any Maestro phone agent. All appropriate searches that encounter an inappropriate site will stop being billed once the inappropriate site is reached. The customer can decide to either change the direction of the search to a site that is appropriate and continue the billing clock or choose to terminate the call. The minutes that were used on appropriate sites remain billed even if the end result of the data needed was not retrieved if the User decided to terminate the call. Otherwise, if the search continues and the data is still not retrieved because of Maestro's inability to find the answer, the customer can choose to enter a dissatisfactory complaint with our Customer Service Department. If the data needed was not retrieved because it was contained or listed on an inappropriate website, then the User does not qualify for a "minutes used" reimbursement. - Call Recording
User understands that all telephone calls to Maestro may be monitored for quality assurance purposes. User understands that all telephone calls to Maestro will be recorded, and might be reviewed for quality assurance purposes at any time. Recorded phone call conversations will only be accessible to the Maestro Quality Assurance Team and will be kept on a remote secure server for an unlimited duration.
All queries submitted to Maestro in any form or fashion will become property of Maestro along with the answer and replies. Maestro reserves the right to anonymously publish any websites, questions, queries, comments, responses, or any other form of media whether voice recorded, written, transcribed, text messaged, or any other form of communication for any purpose it sees fit. Maestro ensures that the identity of any of its members or any of the people that its members or Users requests searches on will be kept within its organization and not used for any other purpose other than history tracking. - Other Correspondence
User understands that all correspondence with Maestro whether it be written, emailed, text-messaged, spoken, or transmitted by any other form of communication will be kept on record for an unlimited duration, and will be used for the sole purpose of record keeping and quality assurance by Maestro.
Text messaging - User will not hold Maestro responsible for any lost text messages, emails, or any other correspondence generated by Maestro or User. User understands that due to Maestro's lack of control on whether the electronic media sent over the public domain, that any resulting claims for loss of time, money, material or otherwise cannot be claimed against Maestro If Maestro sends a response to a query whether text messaged or called in to a User and the User dos not receive the message, the User may call the Maestro query phone line and either ask for the answer to be verbalized or resent via text message. The User will not be charged for that call as long as the only purpose for the call is to retrieve an answer never received.
In the event that a User opens an "Maestro" email account. User understands and authorizes any Maestro agent, employee, or any member of its affiliates to have open access to the contents of those emails for the purposes of checking or retrieving information to send or read the information to the Maestro User upon request. If a customer authorizes Maestro to open emails on a personal account, they re giving the Agent authorization to open, read, and reply to those emails on the customers' behalf. - Purchasing Authorizations
At the User's request, Maestro or its agents may purchase items either over the Internet or on the phone with third party vendors with the customer's credit card. When signing up to the Maestro services, there will be a check box to be filled out as to whether or not you want Maestro to perform such purchasing services for you. If you initially choose not to have Maestro make purchases on your behalf, you may go back to your personal information page on our website www.maestros.com and change your account preferences. At that point you will be asked for the information that would allow us to make those purchases. We will only use credit cards for purchasing that are in the name of the primary Maestro user listed on the account. In the event that the User initially wants Maestro to make purchases for the User, the User will be asked for a credit card to be listed for those charges. The credit card may be the same number as the credit card that charges are made for the monthly Maestro account or a separate card. Upon registration of the credit card that purchases will be made on, it will ask you for a billing address. All items or services ordered through Maestro or any of its agents will be sent only to the listed billing address. We will also ask you to list authorized users to make purchases on your behalf. Only users listed on your personal information page will be able to make purchasing decisions. Authorization of users can only be added or deleted via the website. Every time a purchase is made, the primary PIN number will be asked for regardless of who makes the call or request. If the PIN is not given, the Maestro agent is specifically instructed not to perform the purchase. All voice authorizations will be digitally recorded and kept for an indefinite amount of time. All disputes with charges need to be addressed to your Credit Card Company or merchant first. Maestro does not warrant or stand behind any purchases made on the User's behalf. All invoices, shipping information, etc. will be sent directly to Users email address for vendor. Maestro or any of its agents are merely third parties here to facilitate the purchase. Maestro does not receive any monetary compensation from any of the transactions other than the billing minutes used in the process. - Privacy Policy
Maestro keeps the personal information of any of its members or Users, whether current or past in the strictest of confidence. Maestro neither shares nor distributes lists or information to any other services or companies. All queries or requests compiled by Maestro will remain in the company security archives. Although Maestro will take every reasonable precaution to safeguard its database and compiled customer lists etc., Maestro, LLC, its agents or any of its affiliates cannot be held liable for any personal information being publicly released by way of theft, piracy, hacking into the Maestro server or any other illegal means.
4. Intellectual Property Rights.
You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information owned by Maestro, Maestro LLC and its licensors, and that your subscription does not confer on you any right, title or interest in or to the Service, the related documentation or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Service may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this Agreement.
5. Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER Maestro LLC, Maestro, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
IN NO EVENT SHALL Maestro LLC, OR Maestro BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE, THE SERVICE, EVEN IF PHONETERENT LLC WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM RELATED TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION.
In the event any claim relating to the performance or nonperformance by Maestro pursuant to this Agreement, or in any other way concerning the Service, is made by you, the actual damages to which you may be entitled shall be limited to the fees paid by you for the Service.
6. Indemnification.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Maestro LLC, Maestro, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the Service or any of its content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of a user by you or your Account.
7. Termination of Agreement.
Either party shall have the right to terminate this Agreement at any time by providing notice of termination to the other. In the event of termination of this Agreement by either party, you shall have no claims against Maestro or its affiliates. Termination of this Agreement automatically terminates your license to use the Service and any content or other material contained therein.
You may terminate this Agreement anytime after the date of activation of your Account. The refund amount will be based on a prorated amount. Whatever plan you purchase, upon cancellation of the service, you will be charged for the minutes used at the $0.50 per minute rate and the difference will be refunded to you. If any balance is still owed to User, they will be refunded back on the credit card that was used to subscribe to Services. If balance is owed by User to Maestro, the charges will be waived. If you acquired a monthly subscription to the Service or if your subscription is acquired with a Promotion Certificate and you terminate this Agreement, you will not receive any refund of the subscription fee paid to Maestro. If your subscription to the Service was acquired with a Gift Certificate and you terminate this Agreement within 30 days of the date your Gift Certificate was acquired from Maestro, you shall not receive any refund since no money ever exchanged hands. If Maestro terminates this Agreement, other than as a result of your breach of this Agreement, Maestro shall refund to you a pro rata portion of the prepaid amount based on your per minute fee of your plan.
8. Pricing Structures
A billing cycle begins on the date of the month that the contract is entered into either on line, over the phone, or in a written contract. The billing cycle ends one day before the calendar day of the following month or when the current block of minutes expires i.e. if you start your account on June 6 and you have a 35 minute plan, the last day of your billing cycle ends on July 5. If you finish your minutes on June 20th, you are charged again for the same plan and your 30 day billing cycle now starts on June 20th. However, if you enter the service contract on the 29th, 30th, or 31st day of the month, your billing cycle will end on the 28th of the month. For instance, if you join on July 30th, the last day of your billing cycle will end on August 28th (unless all minutes are used beforehand). Your account will always be replenished on the last day of your billing cycle unless all minutes are used up beforehand. If your credit card is declined and Maestro is not given a new credit card number which Maestro can charge the needed amount before the end of that business day, the account will be disabled until such a time when the account is brought up to the proper monetary amounts. The day that Maestro receives your credit card information to replenish your deposit amount becomes your new effective billing cycle start date.
When a customer first signs up to Maestro, they are charged for a block of time for future usage. The standard pricing for the blocks of time are: $10.00 for 20 minutes of talk time, $15.00 for 35 minutes of talk time, $20.00 for 50 minutes of talk time, and $35 for 100 minutes of talk time. There are other plans that can be customized by Maestro personnel. Customers are made aware of the fact that once your minutes run out, you will be charged for another block of the time as was purchased before. If a different plan is requested, that change needs to happen either online in the member's account page or over the phone with an Maestro representative. These changes need to occur before the monthly billing cycle ends or before the current plan's minutes are completed. Once the monthly cycle restarts or the minutes are finished and a new cycle begins, any changes will be in effect the following billing cycle.
All calls made specifically for the retrieval of a phone number or address where the name of the person or address is supplied will be treated as a 411 information call. Information calls are charged no more than 2 minutes off of the plan as long as only a phone number and address are needed. If the customer requests more information on the same subject and the call deviates from a phone number or address lookup, the call will be charged as a regular research question.
Every separate unrelated query made during a phone call will be treated as an independent query. If a caller asks a question about a subject and then subsequent questions regarding the same subject, that query and answers will be categorized as one query. The query will then be closed out. If a customer has any other questions unrelated to the first, a second query will be opened and the billable time will be restarted.
User understands that all minute charges will be billed in full minute increments. The time kept of the call is synchronized with the International Atomic Clock. Any portion of a minute is considered a full minute by the Maestro billing system. Billing will start from the time that the Maestro agent picks up the phone and identifies the caller as an Maestro User to the time that the answer is given and/or text messaged, emailed, verbalized or communicated to the User in any way. User understands and agrees that in certain instances such as when queries are text messaged in or the User requests the Maestro agent to perform a search for information while the User is not on the phone that billing will continue during the search process until the information is communicated to the User. In some instances an answer or solution to a query will not be found and the User will still be billed for time that the agent spent looking at websites. In the event that an authorized User calls in and Maestro's phone or IVR (interactive voice recognition) system does not recognize the call as a current User, time for the billing will be started once User is recognized by the Maestro agent. Billing questions and account changes will not be charged to the customers' plan. Requests for retrieval of past queries will be considered as research.
9. Subscription Information; Renewals.
Subscription charges commence upon the date your Service subscription is activated and will be billed to your credit card each month (for monthly subscriptions) or when you minutes for the current plan are depleted. You acknowledge and agree that you will not receive a bill in the mail for your subscription. All billing can be viewed on the www.maestros.com website. Billing will be itemized by the date, query, and billing times in full minutes. Any billing discrepancies need to be forwarded to our Customer Service agents either via a phone call or an email through our website www.maestros.com or by calling 800-777-1411 or corporate at 888-500-1411. User agrees that he/she only has 30 days from billing error in question to submit an inquiry. After 30 days, Maestro cannot reverse any charges. Maestro will investigate any inquiries and render a decision with 10 business days from the date inquiry filed. Maestro reserves the right to increase subscription rates at any time. Changes to standard subscription rates will be posted on the www.maestros.com website. The new subscription rates will apply to existing accounts at the time of their next renewal. Customers subscribing at specially discounted promotional rates may be subject to varying rate increases, none of which shall exceed the standard posted subscription rate.
Your subscription will be automatically renewed unless you cancel prior to the renewal date. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Any cancellations of the plan will result in the minutes used for that month being charged at the highest published rate per minute. Currently that rate is $0.50 per minute. After the calculation of the minutes used for that month is established, we will remove that amount from the last plan charge charged to your credit card and refund you the difference. If there are any referral fees on hold for the customer, those are forfeited. Instructions on how to cancel your subscription are available online in the Account Maintenance area of www.maestros.com.
If during the first month, you cancel your service and have used less than half of the plans minutes, your will be refunded the complete amount of the plan. After half the minutes are used, you will be charged in accordance with a regular cancellation.
Cancellations should not be considered final until you have received a Cancellation Confirmation e-mail from Maestro, LLC or Maestro.
In the event that you cancel your subscription, the unexpired portion of your subscription will be refunded as described above.
Payments made as part of a monthly subscription cannot be used as credit toward annual subscription charges and are non-transferable.
You agree that you will provide a major credit or charge card (e.g., MasterCard, Visa, American Express, or Discover) that Maestro may charge for all subscription fees or other amounts payable under this Agreement. With respect to such charges, you give the following authorization:
I authorize automatic credit or charge card billing by Maestro, LLC. I agree that the charges described above will be billed by Maestro LLC, to the credit or charge card that I have provided to Maestro LLC and Maestro in my Membership Account information, or otherwise when I applied for the Service. I understand that all fees and charges are refundable with the above limitations. I agree that Maestro will not be responsible for any expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge made under this Agreement.
You agree to provide current, complete, and accurate information for your Account in order to receive access to the Service(s) you ordered. You agree to promptly update all Account information to keep your account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date) and you must promptly notify Maestro if your credit card is cancelled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your log-in and password. It is ultimately the User's responsibility to make sure that Maestro has a valid credit card number and correct expiration date on file. If User's credit or charge card fails during an attempted transaction by Maestro, User will be sent an email notification, and when User's available minutes run out, User will no longer be able to use Maestro Services until a credit card information is updated to a valid account and Maestro is able to charge the User's card as per User's chosen plan.
Changes to such information can be made by going to the Account Maintenance area at www.maestros.com. If you fail to provide Maestro any of the foregoing information, you agree that Maestro may assume that your credit card is either still valid or that it has been renewed and may continue charging you for the Service(s) you have subscribed to, unless you have cancelled your subscription for such Service(s).
10. Miscellaneous.
This Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party to the other, except as expressly set forth in this Agreement. Except as provided herein, this Agreement may not be modified or changed unless in writing and signed by you and an authorized officer of Maestro LLC.
You may not assign any of your rights or delegate any of your obligations under this Agreement without Maestro's prior written consent. This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law rules, and any action brought in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state or federal courts located in Texas. If any provision of this Agreement is held to be overly broad in scope or duration by a court of competent jurisdiction such provision shall be deemed modified to the broadest extent permitted under applicable law. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. The provisions of Sections 4, 5, 6, and 7 shall survive termination of this Agreement.
