Total Call Mobile - Terms & Conditions

We are Total Call Mobile. In this document, we use the words “we,” “us,” “our” or “Total Call Mobile” to refer to Total Call Mobile, a subsidiary of Total Call International. In addition to any information related to the wireless calling plan (the “Plan”) you have selected, please read this Total Call Mobile Terms and Conditions of Wireless Service Agreement (“Agreement”) carefully before filing it in a safe place. To contact us regarding this Agreement or your Plan, call Total Call Mobile Customer Service at 1-800-550-5265.

General. This Agreement covers the terms on which we agree to provide, and you agree to accept, all services or products Total Call Mobile makes available to you including your prepaid and/or postpaid wireless services and wireless devices (collectively, “Services”). Your agreement with us includes the terms in this document together with the terms associated with the Plan you select (as described on our website: www.totalcallmobile.com). You represent that you have the legal capacity to accept this Agreement. If you're ordering for a company, you're representing that you're authorized to bind it, and where the context requires, "you" means the company. By accepting this Agreement, you are bound by its conditions.

YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY USE ANY OF THE SERVICES; (B) PROVIDE YOUR WRITTEN OR ELECTRONIC SIGNATURE; (C) PAY FOR ANY SERVICES; OR (D) ACCEPT THROUGH AN ORAL OR ELECTRONIC STATEMENT.

Using Total Call Mobile Services. You agree to not use our Services in an unlawful, fraudulent or abusive manner or for any purpose that isn't allowed by this Agreement. You may not resell or lease our Services to anyone without our prior written approval. Services are provided at our discretion and we may change or cancel Services at any time for any reason. We can, without notice, limit, suspend, or end your Service or any agreement with you for improper use of our products or services or for any violation of this Agreement including, but not limited to: (a) paying late more than once in any 12 months; (b) incurring charges larger than a required deposit or billing limit (even if we haven't yet billed the charges); (c) for prepaid service, failing to maintain a positive account balance; (d) lying or making a misrepresentation to us; (e) interfering with our operations; (f) becoming insolvent or going bankrupt; (g) breaching this Agreement; (h) “spamming,” or other abusive messaging or calling; (i) modifying your wireless phone from its manufacturer's specifications; (j) providing credit information we can't verify; (k) using your service in a way that adversely affects our network or other customers; (l) allowing anyone to tamper with your wireless phone number; or (m) harassing our employees or agents. We can also temporarily limit your wireless service for any operational or governmental reason. Total Call Mobile is not responsible for any opinions, advice, statements, services applications or other information provided by third parties and accessible through our various Services, including the Internet. Neither Total Call Mobile, its vendors nor licensors guarantees the accuracy, completeness or usefulness of information that is obtained through these Services. You are responsible for evaluating such content. You are also responsible for any use of our Services through any wireless device on your account including, but not limited to, use by children or minors. We strongly recommend that you closely monitor any such usage. Total Call Mobile wireless network services are provided on the nationwide wireless network of an underlying service provider (the “Network”).

Activating Service. Before we activate your account, you expressly authorize Total Call Mobile or its agent to check your credit and verify your identity, whether you ultimately take Services from us or not. You must have and maintain satisfactory credit to receive and continue to receive Services. We may charge a nonrefundable activation fee, deposit, prepayment or other fee to establish and/or maintain Services.

Activating Prepaid Service. In addition to the above, you may use your Total Call Mobile phone only after it has been activated and only when you have a positive balance in your prepaid wireless service account (“Prepaid Account”). From the day you add money to your Prepaid Account it is active. You must maintain a minimum account balance to keep your account active.

Changes to Agreement. All changes to this Agreement or your Plan will be posted on our website. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. Unless otherwise prohibited by law, prices are subject to change without notice. With notice, unless otherwise prohibited by law, we can also change any other conditions in this Agreement and your Plan at any time. Any noticed changes to this Agreement or your Plan are effective 25 days after they are published on our website. If you choose to use your Service or make any payment to us on or after the effective date of the changes, you accept the changes. If the changes have a material adverse effect on you, however, you can end the affected Service, without any early termination fee, by calling us within 30 days of the changes going into effect. You understand and agree that taxes, fees and other charges imposed by the government or based on government calculations as well as Total Call Mobile surcharges may increase or decrease on a monthly basis.

Deposits. We may require an advance deposit (or an increased deposit) from you. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. Please retain your evidence of deposit. You can't use a deposit to pay any bill unless we agree. If your account is terminated for any reason, we may, without notice, apply your deposit to any outstanding charges. We may send any remaining deposit amounts to your last known address within 75 days after account termination. If the funds are returned to us, you may claim these funds for one year from the date of return. Any money held during this one-year period will not accrue interest for your benefit and is subject to a servicing fee charged against the balance. You forfeit any portion of the money left after the one-year period. We refund final credit balances of less than $1 only upon request.

Term Agreements. The prices you pay may depend in part on how long (the minimum term) you're agreeing in advance to do business with us. Prices do not include taxes or national and local surcharges. Unless we specifically tell you otherwise, our service plans require that you maintain service for a minimum term (“Term”). (Periods of suspension of service don't count towards your minimum term.) After satisfying your Term, your Plan will automatically renew for an additional one (1) year term (“Renewal Term”), unless you have agreed to extend the term for additional period(s). If you do not want a Renewal Term, contact us at least 60 days prior to the end of your Term. For 60 days after the start of your Renewal Term you may cancel Service without incurring an early termination fee. Certain service, promotional or product offers may require that you agree to or extend a Term. We may charge an early termination fee if you deactivate your Plan before the end of the Term or Renewal Term, except as otherwise provided for herein. To the extent any condition in your Plan expressly conflicts with this Agreement, the condition in your Plan will govern. The Term begins on the phone activation date and, for customers changing Plans, the Term begins when the new service Plan is selected.

Basic Service. All phone usage, including incoming and outgoing calls, incur charges. Plans do not include roaming. On a call that crosses time periods, minutes are deducted or charged based on the call start time.

Add-a-Phone. Adding a phone to an existing Plan requires a minimum one-year Term for each phone added (“Secondary Line”). The first phone activated on the Plan (“Primary Line”) and Secondary Lines may have different Term end dates. If the Primary Line on the account is terminated prior to the expiration of the Term of any Secondary Line, a Secondary Line must move to the Primary Line position.

Messaging. You may incur charges, or your account may be debited, for accessing, sending or receiving messages on your device. We may impose limits on the number of voicemail, text, email or other messages that can be retained through your account. Indicators of messages on your device, including mailbox icons, may not always provide an up to date indication of new messages and you may at times need to manually reset or clear your mailbox indicator. Legitimate messages may be interrupted by software aimed at prevention of unsolicited bulk email, text messages or the like (“Spam”). We do not permit sending Spam. Total Call Mobile will terminate your service if we determine that you have used your phone to send Spam.

Coverage. Coverage is not available everywhere nor can we guarantee you will receive coverage at all times, or without interruptions or delays (e.g., dropped calls, blocked calls, etc.) in the coverage areas we identify. Available coverage areas for Services are generally identified on our website. This may include coverage on the Network as well as coverage we make available to you through agreements with other carriers ("off network" or “roaming” coverage). There may be gaps in coverage within areas shown as covered on the maps. Actual coverage and quality of service may vary due to circumstances beyond our control, including network limitations, signal strength, interference from buildings and other structures and atmospheric conditions. There are places, particularly in remote areas, with no service at all.

Roaming. You are roaming anytime your phone indicates that you are roaming. Roaming coverage is only available with certain devices and, unless included as part of your Services, will result in additional charges. Roaming charges will vary based on the caller’s location when the call is initiated. Roaming calls placed “manually” (through an operator or with a credit card) will always incur separate and additional charges. Depending on your phone settings, you may automatically roam if there is a gap or interruption in coverage within the Network coverage area. For directions on how to adjust phone settings, see your user manual or contact our Customer Service. Total Call Mobile may terminate service if a majority of minutes in a given month are used while roaming. When roaming, international calling and certain features and services (including voicemail, call waiting, call forwarding, etc.) may not be available. Roaming is not available with prepaid Services.

Changing Services. Changes to Services will generally be effective at the start of your next full billing cycle. If the changes take place sooner your bill will reflect pro-rated charges. Certain changes may be conditioned upon payment of an early termination fee or other charges.

Total Call Mobile Risk-Free Guarantee. We will waive the early termination fee if, within 14 days of activation (longer in certain states, e.g., 30 days in California), you cancel Service and return your complete, undamaged Total Call Mobile Phone to us with the original retailer's proof of purchase and original receipt indicating the cost of the phone. Please contact Customer Service to process your return and cancellation. You must still pay all charges based on actual usage (partial monthly service charges, taxes and applicable surcharges).

Your Wireless Phone. Your wireless phone is any Total Call Mobile device you use to receive our wireless voice or data service. It must be a Total Call Mobile device, comply with Federal Communications Commission regulations and be compatible with the Network and your Plan. We did not manufacture your wireless device and we are not responsible for any defects or for the acts or omissions of the manufacturer. The only warranties on your device are any limited warranties extended by the manufacturer directly to you or passed on to you through the vendor you purchased the phone from. At times we may change your wireless phone's software or programming remotely and without notice. This could affect data you've stored on, or the way you've programmed, your wireless phone. You cannot use Total Call Mobile phones with any other service or on any other network.

Your Wireless Phone Number And Caller ID. You don't have any rights in any personal identification number, email address, or identifier we assign you; you may not modify, change or transfer any of these except as we allow or as allowed for by law. (We'll tell you if we decide to change or reassign them.) The same is true of your wireless phone number, except for any right you may have to port it. Your wireless phone number and name may show up when you call someone. If you do not want people you call to receive the number assigned to your phone, call Customer Service about Caller ID blocking.

TTY Access. A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY doesn't work with all devices. If you have a TTY-capable device, it may not function effectively, or at all, when attempting 911 calls and should not be relied on for such calls.

Lost or Stolen Equipment. If your device is lost or stolen, please notify us immediately by calling Customer Service. We may grant a suspension of Service but until we do so you're still responsible for all fees and charges. You agree to cooperate with us in investigating suspected unlawful or fraudulent use.

Returns. Return policies may vary depending upon the retailer that sold you the Total Call Mobile phone. Returns must be accompanied by the original receipt plus all equipment materials. Credit remaining in your Prepaid Account at the time of return will not be refunded.

Charges. You agree to pay, or have your Prepaid Account debited for, all access, usage, and other charges and fees we bill you or that the user of your wireless phone accepted, even if you weren't the user of your wireless phone and didn't authorize its use. You will be assessed charges based on the terms of your Service including, without limitation, monthly recurring charges and charges based on actual usage (e.g., charges for long distance, roaming, call forwarding, directory assistance, etc.). Airtime and other time based usage charges are calculated from when your device first initiates contact with a network until the network connection is broken, whether or not you were actually successful in connecting to the intended destination. For voice calls received by your device, you are charged from the time shortly before the phone starts ringing until the call is terminated. You are charged for an entire voice call based on the time period in which the call is initiated. International rates may change without notice. Calls to international cellular termination points may be billed at higher rates. For billing purposes, call times are measured in whole minutes and rounded up to the next minute. We charge airtime for most calls, including toll-free and operator-assisted calls. Additional features and services such as operator or directory assistance, etc., may have additional charges. Features such as call waiting, call forwarding, or 3-way calling involve multiple calls and multiple charges.

Prepaid Charges. In addition to the relevant charges set forth above, please see our point of sale material or website for specific charges associated with per minute, directory assistance (411) and call waiting charges for which your Prepaid Account will be debited. When calling outside the U.S., additional charges will apply. International rates vary and may change without notice. Calls to international cellular termination points may be billed at higher rates. Restrictions on certain countries apply. For a listing of countries you can call from your Total Call Mobile phone and the applicable international rates, go to our website or call Customer Service. Anytime minutes are consumed from your account balance during inbound and outbound calls; and for the deposit and retrieval of voicemails. In addition, your account will be debited for each text message sent. All rates are subject to change without notice. You may check your Prepaid Account balance at any time by calling Customer Service.

Taxes, Fees, And Surcharges. You agree to pay all taxes, fees, and surcharges set by the government. We may not always give advance notice of changes to these items. For Prepaid Accounts, applicable taxes, surcharges and regulatory fees may be debited from your account when you use your Total Call Mobile Service. If you're tax-exempt you must give us your exemption certificates and pay for any filings we make. Charges may include surcharges that we collect and keep to pay for the costs of complying with government programs such as number pooling, number portability, and Enhanced 911 service. We set these charges. They aren't taxes, aren't required by law, are kept by us in whole or in part, and are subject to change.

Your Bill/Payments. Your bill is our notice to you of your fees, charges and other important information. Your bill reflects the fees and charges in effect under your Plan at the time they're incurred. You should read everything in your bill carefully. Monthly recurring and related charges for Services are generally invoiced one invoicing cycle in advance. Most usage is generally applied to the invoicing cycle in which they are incurred, but in some instances may be applied to subsequent invoicing cycles. Calls placed on networks served by other carriers (roaming) may take longer to be processed, and billing for these calls may be delayed. Those minutes will be applied against your anytime monthly minutes in the month in which the calls appear on your bill. Payment is due in full as stated on your bill. Past due amounts accrue late charges until paid at the rate of one and a half percent (1.5 %) per month or at the highest rate allowed by law and may result in immediate suspension of your account. If you agree to any auto-payment option through banking or credit account, we may initiate payment from the account for all amounts we invoice you without additional authorization or notice. Based on your credit or payment history, we may require certain forms of guaranteed payment as a condition of maintaining Services. If we invoice you for amounts on behalf of a third-party, payments received are first applied to amounts due to us. You may be charged additional fees for certain methods of payment and for payments denied by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We won't honor limiting notations you make on or with your checks.

Data Charges. Data usage is measured in kilobytes, not minutes. Usage rounding occurs at the top of each clock hour while in a session, and at the end of each session, and is then charged to you based on the terms of your Plan. Depending on your Plan, usage may be charged against an allowance or on a fixed price per kilobyte. Usage charges may be rounded up to the next cent at monthly or other intervals. In certain instances, you may not know that your session has not ended. As long as your device is connected to our network, you will incur data usage charges. You will be charged for all data directed to the internet address (or “IP address”) assigned to your device, regardless of who initiates the activity or whether your device actually receives the data. This includes, but is not limited to, the amount of data associated with the particular information/item (e.g. game, ringer, email, etc.), additional data used in accessing, transporting and routing this information/item on our network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. Based on these and a number of other factors (e.g., the specific application, network performance, etc.) data used and charged to you will vary widely, even for the same activity. Estimates of data usage - for example, the size of downloadable files - will not be an accurate or reliable predictor of actual usage. Your invoice will not separately identify the number of kilobytes attributable to your use of specific sites, sessions or services.

Disputed Charges. Disputes concerning any charges must be raised within 30 days of the date of the bill. You accept all charges not disputed in this time period. You must pay any disputed charges until the dispute is resolved. Disputes concerning debits from your Prepaid Account must be raised within 14 days of the date of the disputed debit. You accept all debits not disputed in this time period. Within 30 days we will review any claim to determine if an error has been made and, if appropriate, credit your account accordingly. Disputes can only be made by writing us.

Account Spending Limit. Based on your payment and usage history with us we may impose an account spending limit (“ASL”) at any time and without advance notice. At our discretion we may further reduce the ASL at any time without prior notice. An ASL should not be relied on to manage usage on your account. We may suspend an account without prior notice when the account balance reaches the ASL, even if the account is not past due. Services may be restored upon payment of an amount that brings the account balance below the ASL and covers any past due amounts. For questions regarding an ASL, or your account, contact Customer Service.

Prepay Refills. Credits to your Prepaid Account will be valid for a limited time from purchase, in accordance with the terms of your Plan and/or the expiration date provided in conjunction with your purchased refill card. When the credits to your account expire or fall to zero your Prepaid Account will become inactive. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any purpose except to call 911 emergency services and Customer Service. To refill your account, purchase a Total Call Mobile refill card from an authorized retailer. If you purchase additional credits for your Prepaid Account before existing credits expire, all credits will be subject to the new expiration date. Total Call Mobile refills can only be used with Total Call Mobile phones. Credits cannot be transferred from one account to another. Once your account has been credited we will not accept returns or give refunds. If your account becomes inactive you have a grace period during which you may refill your account and begin using your phone again. If you have not refilled your account by the end of the grace period, we will de-activate your account and you may lose your phone number. If you wish to use our wireless services after your account has been de-activated, call Customer Service to reactivate your account. There may be a charge for reactivation and we cannot ensure that the same phone number will be available.

Termination of Services. You may terminate Services at any time with prior notice to us. Except as otherwise provided in this Agreement, if you terminate your Term early, or we do so for good cause, you will be required to pay the applicable early termination fee associated with your Plan for each line that is terminated early. This fee applies only to the extent permitted by law. If you buy your wireless phone from an agent or third-party vendor, you should check to see if they charge a separate termination fee. You may terminate any line of service before its Term ends by calling Customer Service. Payment of the early termination fee does not satisfy other outstanding obligations owed to us, including maintaining Term commitments on other lines of service, or Service or equipment related charges. We will not charge an early termination fee for deactivations consistent with our Risk Free Guarantee or during the first 60 days of a Renewal Term. All terminations by you during a monthly billing cycle become effective on the last day of that billing cycle.

Number Portability. You may be able to take, or “port,” your current wireless phone number to another service provider. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we'll treat it as notice from you to terminate our Service for that number upon successful completion of porting. You must have an active Total Call Mobile account to transfer your phone number. If your Prepaid Account is de-activated, your phone number may be assigned to a different customer. You will not be able to transfer any unused balance in your Prepaid Account to your new service, and you will not receive a refund from Total Call Mobile. After the porting is completed, you won't be able to use our Service for that number. If you transfer your number away from us, the terms of this Agreement (e.g., the early termination fee, etc.) still apply. If you wish to port your phone number from another company to a Total Call Mobile phone, please contact Customer Service. If a request to port your number to Total Call Mobile is not successful, you may be responsible for any discounts provided to you with the purchase of your device.

Your Privacy. We have a duty under federal and state law to protect the confidentiality of information about the quantity, technical configuration, type, destination, and amount of your use of our Service, together with similar information on your bills. (This doesn't include your name, address, and wireless phone number.) Except as provided in this Agreement, we won't intentionally share personal information about you without your permission. We may use and share information about you: (a) so we can provide our goods or services; (b) so others can provide goods or services to us, or to you on our behalf; (c) for purposes of determining compensation for our agents; (d) so we or our affiliates can communicate with you about goods or services related to the ones you already receive (although you can call us any time if you don't want us to do this); (e) to protect ourselves; or (f) as required by law, legal process, or exigent circumstances. In addition, you've authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies. If you ask, we'll tell you the name and address of any credit agency that gives us a credit report about you. It's illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you.

Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OF WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS. THIS DOES NOT DEPRIVE YOU ON ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.

Limitation of Liability/Indemnification. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS ARE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY; (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.); (C) TRAFFIC OR OTHER ACCIDENTS, OR ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES OR RELATED ACCESSORIES; (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING OR ATTEMPTING TO ACCESS EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING THROUGH 911, E911 OR OTHERWISE; OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD (INCLUDING, WITHOUT LIMITATION, WEATHER-RELATED PHENOMENA, FIRE OR EARTHQUAKE), WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, OR TORT, OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. YOU AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, WHILE YOU ROAM), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES.

Mandatory Arbitration of Disputes. IN THE EVENT OF A DISPUTE, INSTEAD OF SUING IN COURT YOU AND TOTAL CALL MOBILE AGREE TO SUBMIT ANY CLAIM FOR FINAL, BINDING ARBITRATION IN THE STATE OF CALIFORNIA, LOS ANGELES COUNTY BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT WWW.ADR.ORG. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, WE WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN CLASS ACTION LITIGATION. THIS AGREEMENT DOESN'T PERMIT CLASS ARBITRATIONS. WE AGREE TO PAY OUR RESPECTIVE ARBITRATION COSTS, EXCEPT AS OTHERWISE REQUIRED BY RULES OF THE AAA, AS APPLICABLE, BUT THE ARBITRATOR CAN APPORTION THESE COSTS AS APPROPRIATE. WE ALSO EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT: (1) EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BEFORE THE AAA. (2) THIS PROVISION DOES NOT PREVENT YOU OR US FROM BRINGING A CLAIM IN A SMALL CLAIMS COURT OR BEFORE A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY. (3) A SINGLE ARBITRATOR ENGAGED IN THE PRACTICE OF LAW WILL CONDUCT THE ARBITRATION. (4) ALL EXPEDITED PROCEDURES PRESCRIBED BY THE APPLICABLE RULES WILL APPLY. (5) THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. (6) IF ANY PARTY FILES A JUDICIAL OR ADMINISTRATIVE ACTION ASSERTING A CLAIM THAT IS SUBJECT TO ARBITRATION AND ANOTHER PARTY SUCCESSFULLY STAYS SUCH ACTION OR COMPELS ARBITRATION, THE PARTY FILING THAT ACTION MUST PAY THE OTHER PARTY'S COSTS AND EXPENSES INCURRED IN SEEKING SUCH STAY OR COMPELLING ARBITRATION, INCLUDING ATTORNEYS' FEES. (7) AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF. (8) IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, WE EACH WAIVE ANY TRIAL BY JURY.

Miscellaneous. A waiver of, or failure to enforce, any part of this Agreement in one instance isn't a waiver of any other part or any other instance. You can't assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement or your debts to us without notice, and you agree to make all subsequent payments as instructed. Notices by us are considered delivered when we send them to any email or fax number you've provided to us, or 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website. You may notify us by calling Customer Service, or contact Customer Service to get our current address for written notice. If any part of this Agreement, including any part of its arbitration provisions, is held invalid or unenforceable, that part may be severed from this Agreement. This Agreement and the documents to which it refers form the entire agreement between us on their subjects. You can't rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to Service or this Agreement, except as specifically provided by law. This Agreement isn't for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent we've agreed otherwise this Agreement and disputes covered by it are governed by federal law and the laws of the state of New York, without regard to choice of law principles or the conflicts of laws rules of that state. Section headings are for descriptive, non-interpretive purposes only.