Your agreement with Chat Mobility (defined as RSA 1 Limited Partnership and Iowa RSA 2 Limited Partnership, its subsidiaries, assigns, and agents) includes these Terms and Conditions (T&C's), your Service Agreement, [your Equipment Installment Plan Agreement], applicable supplemental terms and conditions, and your Rate Plan terms, which are available at www.chatmobility.com. Your Rate Plan includes your Service allotments for minutes, messages or data (Allotments), rates, coverage and other terms (Rate Plan). To the extent any term in your Rate Plan expressly conflicts with these T&Cs, the term in your Rate Plan will govern. Your Agreement applies to each line of Service, although different T&Cs may apply to different lines of Service on your account.
Please read these T&Cs carefully. These T&Cs cover important information about Chat Mobility services provided to you (Service); your authorized phone, tablet, handset, device, SIM card, data card, or other equipment or third-party device for which we provide Service (collectively Device); and any access and usage charges, taxes, fees, and other charges we bill you or that were accepted or processed through your Device (Charges). These T&Cs include information on fees for early termination (if applicable to your Rate Plan), Rate Plan changes, late payments, limitations of liability, privacy information, and resolution of disputes by arbitration instead of in court.
If you give someone your personal account validation information, they can access and manage your account. In addition, you may establish Authorized Users to manage your account. You, any individual you give your personal account validation information to, and any Authorized User on your account, will each have access to your account information, and each will be able to:
- Make changes to your account;
- Add or remove services or features to your account;
- Receive notices and disclosures on your behalf; and
- Purchase Devices for use with our Service.
All of these activities may result in additional fees, payments due, or Charges to your account, a new minimum term for the line(s) of Service, and/or a new agreement or payment terms that will apply to the account, or to the purchase of Devices. The agreements which are made on your behalf may include Equipment Installment Plan Agreements for the purchase of Devices to use with our Service. You agree that you will be bound by all such notices, disclosures, changes and terms of agreement, and obligated to pay any resulting fees, payments or Charges. Authorized changes may require your agreement to new T&Cs.
- YOUR AGREEMENT WITH CHAT MOBILITY STARTS WHEN YOU ACCEPT. You represent that you are at least 18 years 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 the Service (d) using your Service after you make a change or addition; (e) paying for the Service or a Chat Mobility Device (a Device purchased from Chat Mobility or other Chat Mobility authorized agent (Agent); or (f) opening the Chat Mobility Device box or failing to activate Service within 30 days after the purchase of your Chat Mobility Device, unless returned within the Cancellation Period (as defined in Section 4).
For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 16 below. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection. Notwithstanding the foregoing, a collection agency may pursue collections on your account by any lawful means.
To commence any arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent (see Section. 16). The American Arbitration Association (AAA) will arbitrate all disputes.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Your Term of Service and Early Termination Fees. Some Rate Plans are month-to-month and some Rate Plans require a Service Term. Your Term is the period of time for which you have agreed to maintain Service with us. Periods of suspension of Service do not count toward your Term. After your Term ends, you will become a month-to-month customer. Except for month-to-month customers, AN EARLY TERMINATION FEE WILL APPLY TO EACH LINE OF SERVICE IF YOU DO NOT MAINTAIN YOUR AGREED-UPON SERVICES THROUGH THE END OF YOUR TERM FOR THAT LINE OF SERVICE, OR IF WE TERMINATE YOUR SERVICE EARLY (see Section 19). THE EARLY TERMINATION FEE IS: $350 FOR SMARTPHONES OR $150 IF YOU HAVE A BASIC OR FEATURE PHONE (including any applicable taxes and fees). Some Devices require maintaining certain features or Services (e.g. a data plan) as part of your Rate Plan, and cancelling them before the end of your Term will result in an Early Termination Fee. The Early Termination Fee is part of our rates and is not a penalty. The Early Termination Fee applies only to the extent permitted by law. If you terminate your Service, your termination will be effective at the end of your current billing cycle, and you will remain responsible for all fees and Charges for your Service the remaining balance of your equipment, and usage through the end of that billing cycle. If we terminate your Service, we will determine the date of termination, and you will be responsible for all usage and Charges through the date of termination plus the remaining balance of your equipment. You can request us to port your number to another carrier, and Service for that number will be terminated when the porting is complete. If you port your number, you are responsible for all usage and Charges through the end of your current billing cycle.
- Cancellation and Returns. Service Cancellation: You can cancel a new line of Service, and if applicable, not pay an Early Termination Fee, if you cancel WITHIN 15 DAYS of activating that new line of Service (Cancellation Period). You remain responsible for all Charges incurred through the date of cancellation. To cancel Service during the Cancellation Period, you may be required to go to an authorized Chat Mobility location and return any Chat Mobility Device you acquired at the time of activation. You must return your Chat Mobility Device in its package with all original contents, undamaged and in good working condition with no material alterations to the Device's hardware or software. If you do not return your Chat Mobility Device or if you return your Chat Mobility Device in a damaged, altered or destroyed condition, we may take one or more of the following actions: (a) prevent your Chat Mobility Device from working on any network; (b) charge you the Early Termination Fee (if your line of Service is subject to an early termination fee); (c) elect not to process your Service cancellation; or (d) charge you the suggested retail price or the cost to repair a damaged, destroyed, or non-returned Chat Mobility Device, (which may be greater than the price you paid), plus any shipping and handling charges. Device Refunds and Restocking Fees: For Chat Mobility Device and accessory returns, you may be required to pay a restocking fee.
Policies Related to Pricing:
- Your service order indicates whether you have agreed to a minimum service term for your service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT). The Early Termination Fee is up to $350 or the remaining amount owed on your device or both, which is noted on your service order.
- If your service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be “month-to-month” and will not be subject to an Early Termination Fee if you cancel your service.
- If your service term is month-to-month, Chat Mobility can change the price of your service by providing you at least one billing cycle’s notice of the change.
Maximum Monthly Data Caps
- Your service order indicates whether you are subject to a maximum monthly data cap on your service. The cap states the aggregate number of gigabytes (GB) of data that you may send and receive using the service in a single billing cycle. If your use of the services exceeds the cap in any billing cycle, you may be subject to an additional charge of .015 Kb. The amount of this charge appears on your service order.
- Chat Mobility makes current data usage information available to its customers at the end of every bill cycle. Unused data in a given billing cycle does not “roll over” to future billing cycles. Changing or Cancelling Service.a. If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the end of the bill cycle. (date on which you cancelled), including charges for exceeding any data cap that applied to your account, and applicable taxes. b. If, during the minimum service term, you decide to change to another Chat Mobility service plan (for example, one with different rates or usage allowances) or to add additional services, then Chat Mobility has the right to restart the minimum service term from the beginning of the change in plan or addition of service.
- If, during the minimum service term, Chat Mobility changes the terms of your service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to Chat Mobility within 30-days of the effective date of the change.
- Changes to Your Service. You may be unable to change your Rate Plan, including services and features associated with your Rate Plan. You may request to change to another Rate Plan during your Term, and if we authorize the change, you may forfeit or lose feature benefits and you may be charged a migration fee for each line of service, and you may continue to be bound to your existing Term. For specific information about changing your Rate Plan, including migration fee details, call Chat Mobility at 800-944-5526.
- Our Rights to Make Changes. This section 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. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. Except as described below for Rate Plans with the price-lock guarantee, WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR RECURRING CHARGE(S) (the amount you agreed to pay for voice, data and messaging, which does not include overage, pay-per-use, optional services, taxes, Or fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS. NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE AND YOU MUST NOTIFY US OF YOUR INTENT TO CANCEL SERVICE WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOUR RATE PLAN IS SUBJECT TO AN EARLY TERMINATION FEE, YOUR ONLY REMEDY FOR ANY CHANGE THAT WARRANTS CANCELLING SERVICE FOR THE AFFECTED LINE WITHIN THE RELEVANT TIME-FRAME IS THAT YOU WILL NOT BE CHARGED THE EARLY TERMINATION FEE. IF YOU FAIL TO CANCEL SERVICE WITHIN THE RELEVANT TIME-FRAME, YOU ACCEPT THE CHANGES. For Rate Plans with a guaranteed price-lock, (1) if your Recurring Charge is guaranteed for as long as you are a customer, we will not increase your Recurring Charge as long as you continuously remain a customer in good standing on a qualifying Rate Plan, or (2) if your Recurring Charge is guaranteed for a certain period of time, we will not increase your Recurring Charge for that period of time from the date you activate your first line on that Rate Plan, as long as you continuously remain a customer in good standing on a qualifying Rate Plan. If you switch Rate Plans, the price-lock guarantee for your new Rate Plan will apply to you, if existing.
- Your Wireless Device & Compatibility with Other Networks. Your Chat Mobility Device may not be compatible with the network and services provided by another service provider. You may buy a Device from us or bring your own Device, but it must, as solely determined by Chat Mobility, be compatible with, and not potentially harm, our network. Some Chat Mobility features will be available only on Chat Mobility Devices purchased from us. A Chat Mobility Device is designed to be used only with Chat Mobility Service. You may be eligible to have your Chat Mobility Device reprogrammed to work with another carrier, but you must contact us to do so. If you did not purchase your Device from Chat Mobility, you may have to contact the original place of purchase for reprogramming assistance. Chat Mobility reserves the right to prevent your Device from being used on our network. At times we may remotely change software, systems, applications, features or programming on your Device without notice to you for security, safety, or network purposes. These changes will modify your Device and may affect or erase data you have stored on your Device, your Device programming, or the way you use your Device. We may offer you changes to systems, applications, features or programming remotely to your Device; you will not be able to use your Device during the installation of the changes.
- Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.
- Important Emergency and 9-1-1 Information and Emergency Alerts. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Chat Mobility is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded.
- You agree to pay all Charges we bill you or that were accepted or processed through your Device. For disputed Charges, see Section 15. You agree to provide us with accurate and complete billing information and to report all changes within 30 days of the change. We round up any fraction of a minute to the next full minute. Unless otherwise specified in your Rate Plan, the rate for a call is determined by the time the call starts, and that rate applies to the entire call. For some products, such as Prepaid Service, each minute of a call will be billed according to the time or day applicable to that minute. You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). Most usage and Charges incurred during a billing cycle will be included in your bill for that cycle. Some usage and Charges may be delayed to a later billing cycle, which may cause you to exceed Rate Plan Allotments in a later billing cycle. Unused Rate Plan Allotments expire at the end of your billing cycle. Airtime usage applies to all calls processed through your Device, including toll-free, operator-assisted, voice mail, call forwarding and calling card calls. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, messaging, internet access and applications. Data Usage and Messaging: Depending upon your Rate Plan, data usage may be rounded at the end of each data session, at the end of your billing cycle, and/or at the time you switch data plans. See www.chatmobility.com for your Rate Plan details. You will be charged for text, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited.
- PRESERVING HIGH SPEED DATA ON UNLIMITED DATA PLANS Data on your Unlimited+ or Unlimited Plan’s line of service will automatically shift to 128 kilobits per second (128 Kbps) when you’ve exhausted your high-speed allotment of 30GB or 22GB. The 128 Kbps rate will continue until the end of the bill cycle where it will be restored to its original speed. Normal applications like email or basic web browsing should perform well at this rate. However, activities such as high definition video streaming or transferring large files are better experienced at higher data speeds. To help avoid a reduction in high-speed data and reduce mobile data consumption, customer(s) may choose to connect to a secure Wi-Fi data source whenever possible.
- Roaming and International Calling. Your Device may connect to another providers network (Off-Net) even when you are within the Chat Mobility coverage area. There may be extra Charges (including long distance, tolls, data usage) and higher rates for Off-Net usage, depending on your Rate Plan, and your quality and availability of service may vary significantly. You must use your Device predominantly within the Chat Mobility owned network coverage area. If you exceed your Rate Plan or Data Plan Off-Net domestic Allotments for voice usage, data usage or messaging usage, you may be alerted and your access to service may be suspended, terminated or denied. We may also limit or terminate your Service in our discretion and without prior notice if you no longer reside in a Chat Mobility-owned network coverage area, if more than 50% of your voice and/or data usage is Off-Net and if your Off-Net usage makes it uneconomical for Chat Mobility to provide Service to you.
- Taxes, Fees, and Surcharges. Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to taxes & fees. To determine taxes & fees, we will use the street address you identified as your Place of Primary Use (PPU). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location or with respect to any disagreement regarding the taxes and fees assessed on your bill, you must request a tax refund within 60 days of our notification to you that the tax has been assessed. Surcharges. You agree to pay all Surcharges. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to, charges, costs, fees and certain taxes Chat Mobility incurs to provide Services. Examples include general and administrative fees as well as governmental-related Surcharges. Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge. You can find the Surcharges in either the Taxes, Fees & Surcharges or the Other Charges section of your bill.
- Payments, Administrative Fees, Deposits, and Credit Checks. If we do not receive payment in full by the due date on your bill, you may be charged, and agree to pay, a $5/month administrative fee. We may use a collection agency and you agree to pay collection agency fees. If we accept late or partial payments, we do not waive our right to collect all amounts you owe, including late fees. If your check, electronic funds transfer payment, including debit or Automated Clearing House payment, or any other payment is dishonored or returned, we may charge you $35, or the maximum amount allowed under applicable law. We may also require you to use another payment method, and/or immediately suspend or cancel your Service. We will not honor limiting notations you make on or with your checks. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. Deposits: Security deposits must be cash, credit card or certified funds. Chat Mobility reserves the right to apply any security deposit to any sums due from you. Funds received by Chat Mobility as a security deposit will not accrue interest. Security deposits will be held in your account until you have completed twelve-months of payments without being late or any interruptions of service for non-payment. If you successfully meet payment history requirements, the amount of your deposit will be CREDITED to your active account. Credit Checks: You authorize us to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating.
- Your Right to Dispute Charges. Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within 60 days after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved.
- Notices and Customer Communications.You expressly consent to be contacted, by Chat Mobility or anyone calling on its behalf, for any and all purposes, at any telephone number, or physical or electronic address where you may be reached, including any wireless telephone number. You agree that Chat Mobility may contact you in any way, including, prerecorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. You agree that we also have the consent to contact any authorized users on your account in any manner set forth in this Section. You expressly acknowledge that this consent cannot be revoked without prior written agreement and acceptance by us. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to your billing address. For multi-line accounts, a Primary Telephone Number may be assigned to your account for the purpose of receiving notices from us, as well as for other purposes. You may contact our Customer Care department at https://www.chatmobility.com/contact-us, by calling 1-800-944-5526 or 611 from your Device, or by writing to: Chat Mobility Customer Relations, P.O. Box 289, Emerson, IA 51533.
- Lost or Stolen Devices. You agree to immediately notify us if your Device is lost or stolen and provide any documentation (such as a police report) we request. After notifying us, we will suspend your Service for up to 30 days, or until you replace or recover your phone, whichever comes first. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Rate Plan Charges, applicable taxes, fees, and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage, Charges incurred, and applicable taxes and fees. Even if your Device is lost or stolen, you must fulfill the remainder of your Term or the Early Termination Fee, if applicable, will apply.
Device attachment/app policy. Users are advised to contact Chat Mobility’s technical support by dialing 800-944-5526 from a land line phone, 611 from their cell phone, or send an email to firstname.lastname@example.org before purchasing any third party equipment to ensure compatibility with the network. Chat Mobility is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users. Mobile handsets are offered as part Chat Mobility mobile data service plans. Customers are provided with a variety of handset options and data plans tailored to their individual needs and circumstances. It may not be possible to use the handsets utilized by one mobile data provider with the services offered by another mobile data provider due to differences in spectrum, data platform and air interface. Chat Mobility does not discriminate against or limit access to lawful third-party applications. All users, fixed and mobile, are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third-parties and will be held fully responsible for the actions of such third-parties that gain unauthorized access to the network through unsecured end user equipment.
Visual Voicemail requires the following permissions to function properly:
Photos, Media and Files – This allows the app to store your messages on your device. The app does not access any of your photos, media and files that is already there.
Record Audio – This allows you to record a new voicemail greeting.
Make and Manage Phone Calls – This allows you to place a return call to the sender of a voice mail. Standard call charges apply, according to your service plan.
Contacts – This allows the app to show contact information along with your voicemails. No contact data is sent anywhere. It is only used within the app.
SMS Permissions and Charges:
Send SMS – This allows the app to send an SMS to Chat Mobility at the following address: 9345. There is no charge for this SMS, although it counts against your plan limits. The SMS does not contain any of your personal data. Its purpose is to activate your client with the Chat Mobility voicemail server.
Receive and View SMS – This allows the app to receive a notification from Chat Mobility that you have received a voicemail. One SMS is sent for each new voicemail you receive. The SMS is not visible to you. It triggers the app to show the new message in your Visual Voicemail Inbox. There is no charge for this SMS, although it may count against your plan limits.
- Misuse of Service or Device. By activating or renewing Service with Chat Mobility you agree not to misuse the Service or Device, including but not limited to: (a) reselling or re-billing our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including, but not limited to, the generation or dissemination of viruses, malware or denial of service attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections, except for such reasonable use as permitted under your Rate Plan; (d) tampering with or modifying your Chat Mobility Device; spamming or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling Chat Mobility Devices for profit, or tampering with, reprogramming or altering Chat Mobility Devices for the purpose of reselling the Chat Mobility Device; (g) using the Service in connection with server devices or host computer applications; (h) using applications which automatically consume unreasonable amounts of available network capacity; (i) using applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality; or (j) assisting or facilitating anyone else in any of the above activities. You agree that a violation of this section harms Chat Mobility, which cannot be fully redressed by money damages, and that Chat Mobility shall be entitled to immediate injunctive relief in addition to all other remedies available.
- Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches this Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we haven't yet billed the Charges); (c) provides inaccurate information or credit information we can't verify; (d) lives in an area where we don't provide Service, more than 50% of your voice and/or data usage is Off-Net, your Off-Net usage makes it uneconomical for Chat Mobility to provide Service to you, or relating to Chat Mobility's arrangements with an Off-Net provider; (see Section 12); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service or Device as described in Section 18, above; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or exclude certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a fee.
- Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Chat Mobility or any third party. Except for a limited license to use the Services, your purchase of Services and Chat Mobility Devices (or other Devices) does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Chat Mobility or others related to the Services and Chat Mobility Devices (or other Devices). You agree that a violation of this section harms Chat Mobility, which cannot be fully redressed by money damages, and that Chat Mobility shall be entitled to immediate injunctive relief in addition to all other remedies available. In conjunction with our rights under Section 19, it is Chat Mobility's policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the Service of any subscriber infringing on intellectual property rights.
- Digital Millennium Copyright Act (DMCA) Notice. If you believe that material residing on our system or network infringes the copyright of you or the copyright of a person or entity for whom you are authorized to act, notify our Designated Agent by using the notice procedure under the DMCA. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Chat Mobility's Designated Agent is: Alan DeBolt, 404 Howland Street, Emerson, IA 51533; Phone: 712-824-7790.
- Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A CHAT MOBILITY DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN AS IS AND WITH ALL FAULTS BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.
- Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE 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 OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR LOSSES OR DAMAGES CAUSED BY YOU 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.
- Indemnification. You agree to defend, indemnify, and hold us 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, any person on your account or that you allow to use your Service or Device.
- Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we choose not to enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid the remaining provisions Agreement shall remain in full force and effect. You may not assign the Agreement or any of your rights or duties hereunder without our written consent, which we may withhold in our discretion. We may assign all or part of the Agreement, or any amounts owed to us, without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. Sections 2, 3, 4, 10, 16, 24, 25, 26, 27, and 28 shall survive the termination of this Agreement.
- Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Iowa, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings shall be held in Des Moines, Iowa.
- Additional Terms for Chat Mobility Prepaid Customers. Your Chat Mobility Prepaid Service account balance, if sufficient, or your active prepaid plan gives you access to Chat Mobility Prepaid Service for a limited amount of time; you must use your Chat Mobility Prepaid Service during the designated period of availability. To use Chat Mobility Prepaid Service you must have a Chat Mobility Prepaid Service account balance for pay as you go service or be on an active prepaid plan. Service will be suspended when your account balance reaches zero; and/or you are at the end of the time period associated with your prepaid plan. Monthly plan features are available for 30 days. Your monthly plan will be automatically renewed at the end of 30 days if you have a sufficient Chat Mobility Prepaid Service account balance to cover your Chat Mobility Prepaid Service plan before the first day after your service cycle. If you do not have a sufficient Chat Mobility Prepaid Service account balance, your Prepaid Service will be suspended. If you do not reinstate Prepaid Service within the required period based upon your service plan, your phone number will be reallocated. The Charges for Service and the amount of time that Service is available following activation of your Prepaid Service account balance may vary. Prepaid Service is non-refundable (even if returned during the Cancellation Period), and no refunds or other compensation will be given for unused airtime balances. You will not have access to detailed usage records or receive monthly bills. If you purchase a Chat Mobility Device that is sold for use on Chat Mobility Prepaid Service, you agree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the Chat Mobility Device(s), or assist someone in these activities.