GENERAL TERMS AND CONDITIONS FOR NORTH AMERICA MOBILE SERVICE
Please read these terms and conditions of service carefully. These terms and conditions of service are a legally binding agreement (“Agreement”) between you and North America Mobile. North America Mobile is a brand of North America Mobile.
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF COURT TRIAL. FOR MORE INFORMATION SEE SECTION 15 BELOW.
By purchasing, activating, and/or using any North America Mobile product (”Product”) or service (“Service”) you the customer (“You”) acknowledge and agree to these Terms and Conditions of Service. North America Mobile reserves the right to change or modify these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at www.northamericamobile.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current version.
For assistance or more information, please contact North America Mobile Customer Care at IVR
ACTIVATING AND USING YOUR NORTH AMERICA MOBILE SERVICE
To use the North America Mobile Service, you must purchase a North America Mobile SIM card and Service Plan to be used with a compatible GSM phone. To activate your North America Mobile Service you must contact Customer Care at 855-826-0796 or visit our website at www.northamericamobile.com. If you have purchased a North America Mobile SIM card for use with your own compatible phone, follow the instructions that came with the SIM card to activate your service. When you activate your service and establish and account (“Account”), you will have the option of registering with us and providing your name, address, email address and alternative contact telephone number. If you elect not register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a court order.
North America Mobile Service can only be activated where North America Mobile Service is offered and supported by North America Mobile. North America Mobile provides service at its discretion. North America Mobile may, at any time and without prior notice to you, modify, cancel and/or deactivate your service and/or take other corrective action, for any reason in North America Mobile’s sole discretion including, but not limited to, your violation of these Terms and Conditions of Service.
Certain mobile phone features may not be available throughout the entire network or the functionality may be limited. Some North America Mobile features are available only on North America Mobile phones purchased from North America Mobile and will not be available if you have purchased a North America Mobile SIM card for use on a compatible wireless phone. All plan rates, features, functionality and any other product specifications are subject to change without notice or obligation. Color of phones may vary. All Talk and standby times are quoted in Digital Mode and are approximate.
If you are using your own compatible phone with a North America Mobile SIM card, it must be compatible and not interfere with our services and it must comply with all applicable laws, rules and regulations. Unless you have purchased a North America Mobile Wireless Broadband Plan, devices capable of only using data service are strictly prohibited and your use of such a device is grounds for immediate deactivation and termination of your Service without a refund. You are responsible for ensuring that any wireless phone that you use is compatible with North America Mobile and that your phone meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the North America Mobile Service. North America Mobile Service will only work with wireless devices that are compatible with our network. Not all Services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or programming without notice. This could affect your stored data, your phone’s programming, and how you are able to use your wireless phone.
The wireless telecommunications networks used to transmit calls for the North America Mobile Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not North America Mobile. When you activate your North America Mobile service, you will be provided with a telephone number or you may, in some circumstances, port-in a number from another carrier. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your North America Mobile service at any time without prior notice to you.
TERMINATION OF SERVICE
Either party may terminate this Agreement (which will terminate the provisions of North America Mobile Service) at any time. Any unused Service at the time of termination cannot be refunded or transferred. North America Mobile may terminate this agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, including, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using the North America Mobile Service for an unlawful purpose or in a way that may adversely affect our Service, or if you engage in any deceptive or unfair conduct with respect to you North America Mobile Service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of North America Mobile Products.
Any promotional or bonus minutes that are included with a new North America Mobile Phone or are issued upon activation of your North America Mobile are not transferable or refundable. Promotional minutes are bonus minutes have no cash value.
North America Mobile SERVICE PLANS
Your North America Mobile Service will operate only after you have purchased and redeemed a service plan (“Service Plan”) and so long as you have service days left on your 30-day Service Plan cycle. Please visit our website at www.minumeromobile.com for the latest information regarding our Service Plans.
North America Mobile Service Plans provide nationwide calling and text messaging. North America Mobile Service Plans also provide a fixes amount of high speed data at 4G** speeds for each 30-day plan cycle depending on which Mi Numero Plan you select. After your high speed data threshold is reached, your data speed will be reduced to as low as 64kbps for the remainder of your 30-day plan cycle. Your high speed data will be restored once your next 30-day plan cycle begins unless your purchase a new North America Mobile Service Plan prior to the start of your next 30-day plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. Some North America Mobile Service Plans also provide calling and text messaging to Mexico provided there are minutes and texts available during your 30-day plan cycle. For more information regarding international calling please see number 6 below.
**4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual Availability, coverage, and speed may vary.
Data transmitted over Wi-Fi does not count against your data usage. To preserve your high speed data, you can sign into Wi-Fi whenever possible including at home, in the office, or free public locations such as coffee shops, restaurants, grocery stores, and universities- but recognize that public Wi-Fi locations may not be secure. Apps like Wi-Fi finder, available from the Google Play Store, can help you find open networks. Additionally, Apps such as My Data Manager can help you keep track of your Wi-Fi and cellular data usage.
North America Mobile Service AUTO TOP-UP: You may enroll in Auto TOP-UP to purchase your service plan by registering your credit or debit card online at the North America Mobile website and selecting the service plan you want to purchase on a recurring basis. With Auto TOP-UP a new service plan will automatically be purchased and added to your Account each month on your service end date and your credit or debit card will automatically incur a monthly charge for the cost of the service plan you elect to purchase on a recurring basis.
North America Mobile UNLIMITED PLANS INTENDED USE
North America Mobile Unlimited Plans may only be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, (c) internet browsing and ordinary content download. North America Mobile’s Unlimited Plans may not be combined with any other discount of promotion. National roaming capability maybe discontinued or changed at any time without notice. North America Mobile reserves the right to terminate the Service of any North America Mobile customer who is roaming for 50% or more of usage in any 3 billing cycles within a 12 month period.
North America Mobile Unlimited Plans may not be used for certain unauthorized uses that adversely impact our service. Examples of unauthorized use include, without limitation, the following: (I) continuous uninterrupted mobile to mobile or mobile to landline voice calls, (II) automated text or picture messaging to another mobile device or e-mail address, (III) uploading, downloading, or streaming of uninterrupted continuous video, (IV) server devices or host computer applications, including but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (“P2P”) file sharing, or (V) as a substitute or backup for private lines or dedicated data connections. A customer engaged in any unauthorized use of North America Mobile Service may have his/her Service throttled and/or terminated. Customers will be provided notice and an opportunity to take corrective action with respect to unauthorized uses before their service is terminated.
Unlimited voice services may not be used for monitoring services, data transmission, transmission of broadcasts, and transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls. North America Mobile reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of North America Mobile Service. North America Mobile reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone North America Mobile believes is using their Service in an unauthorized manner or whose usage, in North America Mobile’s sole discretion adversely impacts a Carrier’s network or customer service levels. North America Mobile will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in North America Mobile’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text, or data usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, in our sole discretion, that you are using your Service in violation of the North America Mobile Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, or offer you a different Service plan with no unlimited usage component.
North America Mobile may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of North America Mobile: (1) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other North America Mobile customers or (2) may be harmful, disruptive, or interfere with the Carrier’s network, North America Mobile service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to North America Mobile’s right to terminate your Service under these circumstances.
North America Mobile may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
North America Mobile UNLIMITED PLAN FEATUES CANNOT BE USED FOR : (1) access to the internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all Hotspot applications), (2) any applications that tether your phone to a laptop or personal computer other than for the use of Wireless Sync, or (3) any applications that allow your phone to ct as an internet access point or Wi-Fi for other devices and computers.
North America Mobile does not generally participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than North America Mobile. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS campaigns other than those authorized by North America Mobile. Any text message you send to a “short code” not authorized by North America Mobile will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by North America Mobile are not refundable.
INTERNATIONAL LONG DISTANCE SERVICE FOR North America Mobile
North America Mobile offers its customers international long distance service (“ILD Service”) as an additional feature. These additional terms and conditions apply to customers who purchase and/or use a North America Mobile Unlimited International Calling Plan or a North America Mobile $10 Pay- As-You-Go International Calling Plan. By purchasing or using North America Mobile ILD Service, you accept the additional terms and conditions set forth below as such terms may be updated from time to time on our website.
North America Mobile’s International plan allows you to place calls to select destinations. To determine if your destination of choice is available please check our website at minumero.com. Please be advised that the destinations which are available may change without notice at any time. North America Mobile ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. North America Mobile ILS Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
North America Mobile ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship of service level agreements with North America Mobile. ILD Service provided by these third parties may not be the same service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
North America Mobile ILD is intended for live dialogue between and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as a call originated or received by a North America Mobile customer to initiate conversation between two individuals one of which is talking from a landline or wireless international destination. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted dialogue between two individuals. The service is not for commercial use or resale. Loaning or renting your handset (mobile phone or cell phone) or service to any other persons for their use or calling, hosting, establishing or maintaining a chat line is not considered personal use. We will presume a customer is engaged in non-personal use in violation of our terms and conditions if their international long distance calling usage exceeds three times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
You agree not to use North America Mobile’s ILS Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) is not for consumer use. You agree not to resell your North America Mobile Service or to use your ILD Service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally.
North America Mobile ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator assisted, third party billed, directory assistance, or collect calls.
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.
You are responsible for safeguarding your ILD Service and Account information. North America Mobile is not responsible for and will not issue credit for unauthorized use.
North America Mobile Service Plans provide you with data services (“Data Services”) to access the internet and other online content available on websites and mobile apps. Unless you are using Wi-Fi, and data you access by using your North America Mobile Phone or other approved device will count against your data balance (“Data Usage”) until you reach the maximum amount of data usage allowed within your service plan. Data Usage begins when your North America Mobile Phone or other approved wireless device makes a data connection. This could occur by opening an internet browser window or an application installed on your device, sending or receiving a multi-media message (a photo or video), initiating a content download, or if internet access is initiated in any other way or for any other purpose. Data Usage ends when your data connection terminates. The duration of your data connection and the associated Data Usage are not determined from the exact moment you press a button on your North America Mobile Phone or other wireless device. Data Usage depends on the size of the content and the actual time it takes to download or transmit the content or multimedia message.
In addition to Data Usage which counts against your data balance, there is a charge each time you purchase content to download online (“Content Charge”). Content Charges vary depending on the type of content you purchase and download. You will be advised of any Content Charges prior to finalizing any content you purchase. Any web content or application you purchase and download may only be used and/or viewed on the Mi Numero Phone or wireless device used to purchase and download the content and cannot be transferred to another device, including a new or replacement Mi Numero Phone. Web content and application purchases are non-refundable and non-transferable.
AVAILABILITY, INTERUPTIONS AND DISCONTINUATION OF SERVICE. North America Mobile does not guarantee the availability of Data Services in your home area at any time and reserves the right to modify, suspend, interrupt, discontinue, reduce the data throughput speed or the amount of data transferred, or permanently cancel Data Services or portions thereof, without notice. Data Services are not available in analog service areas or outside of your network coverage area. North America Mobile is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive web content purchased using Data Services. If your Data Services are modified, interrupted, discontinued, or canceled. North America Mobile will NOT refund any remaining or unused services. If you cancel or attempt to cancel a Data Service download or a multi-media message in progress, or if the process is otherwise interrupted through no action on your part, you may incur a charge in accordance with these Terms and Conditions.
Data Services are provided on an “AS IS” and “AS AVAILABLE” basis. North America Mobile does not warrant that Data Services will be uninterrupted or error or virus-free. No warranty of any kind, either expressed or implied, including but not limited to warranties of title or non-infringement or implied warranties or merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of North America Mobile’s Data Service. You expressly agree and acknowledge that use of Data Services is at your sole risk and that you may be exposed to content from various sources that may be harmful or malicious.
NON-RATED CONTENT. The content available or accessible by using your Data Services is NOT rated or filtered. Although North America Mobile strives to present and offer only generally acceptable content, it is impossible to proof all online content available to one using Data Services. North America Mobile Data Services may provide access to content that is offensive or objectionable to you or to others. You are solely responsible for the use of your North America Mobile Data Service and you assume all risk and liability in doing so. North America Mobile is not liable for any content that you and/or others find offensive or objectionable. For more information on Data Services please consult the material included in your North America Mobile Kit and/or User’s Guide. Additional information can also be found at minumeromobile.com.
Not all of the online content which is accessible to one using North America Mobile Data Services is intended for children. In the event that you, as a legal guardian allow your child to use North America Mobile’s Data Services, you acknowledge that your child has the permission to use the Data Services available on your North America Mobile Phone, including, without limitation, email and web browsing capabilities. Your further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree to not visit and illegal sites.
You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of North America Mobile. North America Mobile does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for your voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage, and other obstructions, weather and other conditions. You will not be able to operate your phone and make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the North America Mobile’s coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographical area. Your coverage will also vary based upon the North America Mobile plan you select. North America Mobile is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Roaming occurs when a subscriber of the wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your wireless service provider. When your phone is roaming, an indicator light on your phone may display the work “Roam” or “RM” on the screen while the phone is not in use. There are no additional charges for roaming calls with your North America Mobile Service. North America Mobile does not guarantee the availability and/or quality of Services (voice, text, and/or data) while roaming.
If you are in an area where your North America Mobile Service is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable thata call to 911 will not go through. Do not rely solely on your North America Mobile Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT
Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of North America Mobile’s Control. Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations technology migration or limitations imposed by the Carrier. North America Mobile does not warrant or guarantee the availability of network Services or of any other services at any specific time or in any specific geographical location or that Services will be provided without interruption. Neither North America Mobile, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your phone outside during a lightning storm. You should also unplug your phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain mobile phone features may not be available throughout the entire network of their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation.
UNAUTHORIZED USAGE; TAMPERING
If you purchased a North America Mobile SIM card, then you agree to safeguard your SIM card and not allow any unauthorized person to use your SIM card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. Any violation of the restrictions on the use of your SIM card that are contained in this section may result in the immediate termination of service without notice. The Carriers, North America Mobile, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card.
In the event of termination for any unauthorized usage, You will forfeit unused airtime and service and you will not be entitled to receive a refund for your North America Mobile Product or for any unused airtime and service.
LIMITATION OF LIABILITY
North America Mobile is not liable to you, other users of your North America Mobile Service, or any third party for any failure to post, receive, process or credit a payment for your North America Mobile Service including, without limitation, any failure to add or credit any airtime or due date information to your North America Mobile Service or for any other claim arising out of or in any way related to your North America Mobile Service. North America Mobile will not be liable to you for any actual, direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whatever it has been notified such loss may occur) by reason of any act of omission in its provision of equipment and/or Services to You. North America Mobile will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. If you return your North America Mobile Phone for any reason, North America Mobile is not responsible and shall not be liable to you or anyone else for any personal information, such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads, you may have stored on your North America Mobile phone or which may remain on your North America Mobile phone when it is returned. You agree that neither we nor our vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) anything done or not done by another person; (b) providing or failing to provide Data Services, including, but not limited to, deficiencies or problems with a phone or network coverage (for example, dropped, blocked, interrupted service, etc); (c) traffic or other accidents, or any health-related claims relating to our service; (d) web content or information accessed while using our service; (e) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Service or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (i) things beyond our control, including acts of God (for example, weather related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
IN NO EVENT SHALL MINUMERO MOBILE, ITS EMPLYEES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES, OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCINDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE North America Mobile SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, DATA SERVICES, OR OTHER WEB CONTENT, EVEN IF North America Mobile, OR ITS RESPECTIVE LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, North America Mobile, ITS EMPLOYEES, LICENSORS AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree to indemnify and hold harmless North America Mobile and North American Mobile from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys’ fee on account thereof resulting from your use of North America Mobile Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 855-826-0796 or visit our website at www.minumeromobile.com. Before taking any formal action, You agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, You agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to North American Mobile, Attn: Legal Department- Consumer Claims PO BOX 785 Solana Beach, CA 92075
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF NORTH AMRICAN MOBILE’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY ARBITRATION BUT THAT AN ARBITRATION MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND NORTH AMERICAN MOBILE FURTHER AGREE THAT THE ARBITRATIOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
This provision is intended to encompass all disputes or claims arising out of your relationship with North American Mobile, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and North American Mobile include or respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to North American Mobile by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org or by calling 1-800-778-7879, or by contacting North American Mobile’s Legal Department as set out above. You and North American Mobile agree that the use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and North American Mobile agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and North American Mobile agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidate class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), North American Mobile will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does not deem that your demand was frivolous, was brought for improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and North American Mobile in accordance with AAA Rules. Additionally, North American Mobile hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper, or malicious under the standards set out above. Nothing in the section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where in the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If North American Mobile made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds you in favor in any respect with an award that is greater that the last written offer made to You by North American Mobile, North American Mobile will pay You the amount of the award or a minimum of $5000, whichever is greater. Additionally, North American Mobile will pay your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that your attorney reasonably incurs for investigating, preparing, and pursuing Your claim. If North American Mobile opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $5000 if the arbitrator finds in your favor and that North American Mobile will reimburse your reasonable attorneys fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and North American Mobile agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless you and North American Mobile agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of your, the customer’s, residence for those customers located within the United States. For customers requesting outside of the United States, the location of arbitration shall be Miami, Florida, unless You and North American Mobile agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and North American Mobile waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) your right to serve in a representative capacity in any class or consolidated basis. Neither You nor North American Mobile shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
In the even any claim proceeds in a court of law rather than through arbitration, You and North American Mobile agree that there will not be a jury trial. You and North American Mobile unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and North American Mobile further agree in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH NORTH AMERICAN MOBILE AND DO NOT OPTOUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OUT OF THIS PROVISION BY CALLING 800-485-9305 OR BY WRITING TO NORTH AMERICAN MOBILE, ATTN: LEGAL DEPARTMENT- CONSUMER CLAIMS PO BOX SOLANA BEACH CA 92075. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE 9OR, IN THE CASE OF THOSEMAILED, POSTMARKED AFTER THE OPT-OUT EADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Texas.