Terms & Conditions
Thank you for selecting S Mobile Wireless as your wireless service provider.
In these Terms and Conditions (“Agreement”), you will find important information about the terms and conditions for your wireless service (“Service”), including our ability to make changes to your Service, our liability if things do not work out as planned, and how any disputes between us must be resolved in arbitration or small claims court. If you signed up for Service with a minimum contract term, you will also find information in this Agreement about what happens if you cancel Service early or do not pay on time, including the possibility of owing S Mobile Wireless an early termination fee.
In this Agreement, when we use the words “we,” “us,” “our,” “Company,” or “S Mobile Wireless” we are referring to S Mobile Wireless. When we use the words “you,” “your,” “customer,” or “member” we are referring to the subscriber of S Mobile Wireless.
Additionally, we offer several service plans (“Service Plans”) that include monthly talk, text, and high-speed data usage allowances and features, provided in your coverage area, and the associated monthly charges. Because you may also select several optional services, such as data add–on packages and device protection (together defined as “Optional Services”), in this Agreement, we refer to the Service Plan plus any Optional Services you may have chosen as the “Plan.”
⦁ Your Agreement
These are the terms and conditions that govern your Service with S Mobile Wireless. Please read this Agreement carefully before agreeing to be a customer. Upon activating your Service or accepting and/or opening a product shipment from S Mobile Wireless, you are accepting this Agreement and agreeing to every provision of this Agreement, regardless of whether you have read it.
⦁ Capacity to Enter into This Agreement
By accepting this Agreement, you represent that you are at least 18 years old and are legally able to accept an Agreement. If you are accepting the terms of this Agreement as a representative for an organization, you are representing that you are authorized to bind that organization, and where the context requires, “you” means the organization.
⦁ Changes to this Agreement
S Mobile Wireless may change this Agreement at any time. Additionally, we may add, modify, or delete any terms, conditions, rates, or fees for any Service at any time. We will provide you with notice of all changes that are materially adverse to you (this does not include changes in fees or surcharges imposed by the government and passed on to you or changes to rates, fees, or surcharges within limits set forth in this Agreement or any documents incorporated into this Agreement) by email, bill insert, message, text message, posting on the website for your Service, or other method we deem practicable. We also may provide you with notice of non- material changes in our sole discretion. Your continued use or payment for the Services after the effective date of the change means you have accepted the change(s). If we notify you of a materially adverse change concerning a Service during your Service, if you don’t accept the change, you can cancel the Service.
⦁ Your Privacy
We are committed to your privacy. Our Privacy Policies govern our use and protection of your personal information. The terms of our Privacy Policies can be found via links on the homepage of S Mobile Wireless website at https://smobilewirelessusa.com, and may be updated from time to time. Your acceptance of this Agreement, or any use of S Mobile Wireless Services, constitute your acknowledgment and acceptance of our Privacy Policies.
⦁ Your Service Plan
Service Plans consist of wireless talk, text, and data Service. Service Plan features and benefits vary. Your Service Plan describes the charges for your Service, and that Service Plan remains in effect until (1) that Service Plan is changed, (2) you switch to a different Service Plan, or (3) your Service is terminated.
⦁ Our Provision of Service to You
Please note that some Services may not be available or may operate differently in some locations. Your purchase of devices or other equipment from us is not a guarantee of Service. We reserve the right to decline to provide you with Service for any lawful reason. Usage must be in line with usual and customary usage or can be terminated immediately.
⦁ Our Use of Wireless Service on Other Wireless Carrier Networks
S Mobile Wireless has agreements with other wireless carriers that allow you to use your Service outside of S Mobile Wireless, owned and operated wireless network. Within the U.S. and certain U.S. territories, the use of other carrier networks is referred to as domestic roaming or off-net usage. Use of other carrier networks while traveling internationally is called international roaming or offnet usage. Both off-net usage and roaming are dependent upon the agreements we have at any given time with other wireless carriers, and the network technology, frequencies, and functionality of those networks. Availability, quality of coverage, and speed of Service for off-net usage and roaming are not guaranteed and may be changed without notice. S Mobile Wirelesse may also reduce speeds (to 2G or other speeds) or suspend wireless data Service for off net and roaming at any time without notice and without regard to the amount of data you have consumed during the billing period. For further details, see the International Calling Section, below.
⦁ S Mobile Wireless Service
Wireless devices use radio transmissions, so, unfortunately, you cannot get Service if your device is not in range of a transmission signal. Please be aware that even within your coverage area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage, and weather. Your device will not accept the Services of any mobile provider other than S Mobile Wireless unless you have altered your device to receive such Services. Our unlimited voice Services are provided only within the United States for live dialog between two or more individuals.
⦁ Data Services
You will need a data-compatible device to access the Internet or check email using your mobile device (“Data Services”). The type of Data Services available depends on your device and the data plan you select.
When you browse the Internet, you are charged based on the high-speed data plan you ordered (e.g., KB, MB). While data is unlimited, data speeds will be reduced over your purchased amount of high-speed data. To the extent we notice that data sessions are being left open, we will suspend data until your next billing cycle. Your use of Data Services is subject to any memory, storage, or other equipment limitation. We do not guarantee access to Data Services or uninterrupted browsing. Domestic Data Services may not be available when you are roaming off the network internationally.
Your purchase of goods, content, and Services (including subscription plans) from other companies (“Mobile Content”) is at your own risk. You are responsible for all Mobile Content purchases that you make with any device assigned to your account. If your device needs to be replaced, you may need to download and purchase any previously downloaded items again. Note that ringtones and graphics are protected, copyrighted materials, and may only be used for individual, personal use. You may not copy, transfer, or distribute ringtones or graphics without the content owner’s prior written consent.
⦁ Coverage Guarantee
S Mobile Wireless Coverage Guarantee means that if a member is experiencing service issues, S Mobile Wireless will switch the member to another of S Mobile Wireless network options at no cost to the member. Arrangements with network carriers may change occasionally, and coverage is subject to change without notice. 4G/5G capable devices are required for 4G/5G service, respectively. Some uses may require certain plans or features. Coverage in areas outside of the U.S. is specifically excluded from the Coverage Guarantee. Members should contact.
+1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com if they experience any difficulty with coverage.
⦁ Unlimited Talk and Text
“Unlimited Talk” includes U.S. calling. Calling from the U.S. to international numbers is available using a S Mobile Wireless device. Rates for calling international numbers are available at by clicking here: https://smobilewirelessusa.com. To activate this feature, members can contact to: +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com
“Unlimited Text” includes unlimited text, picture and video messages within the U.S. Additional charges will apply for international text messaging. We bill international text messaging at international text rates. You may restrict SMS-based Mobile Content purchases by contacing to: Sales@astsolutionsllc.com, info@astsolutionsllc.com, +1855-476-0907.
and requesting a text messaging block. While we allow for Unlimited Talk and Text, usage must be in line with usual and customary usage or can be terminated immediately.
⦁ Your Number
You may be able to take, or “port”, your wireless device number, also known as an MDN (“Number”), to another carrier. If you port your Number from S Mobile Wireless, we will treat the request as though you asked us to cancel your Service for that Number. After the porting is completed, you will not be able to use our Service for that Number, but you will remain responsible for all fees and charges through the end of that billing cycle, just like any other cancellation. If you port a number to us, please be aware that it may take up to 24 hours to provide some services, such as 911 location services.
Except as required by law, you do not have any rights to your Number, except for any right you may have to port it. Your Number may not be programmed into any device or other equipment, transferred, or duplicated to any device or other equipment other than that authorized by us or in accordance with the FCC’s number porting rules. Additionally, you are unable to transfer the Number to any other person or entity. Please be aware that your Number may change upon area code changes, or other circumstances, outside our control.
S MOBILE WIRELESS MAKES NO REPRESENTATIONS AS TO YOUR ABILITY TO PORT YOUR NUMBER SHOULD YOU CANCEL SERVICE WITH S MOBILE WIRELESS OR S MOBILE WIRELESS TERMINATES YOUR SERVICE FOR ANY REASON, INCLUDING FOR NON-PAYMENT OF CHARGES. YOU BEAR THE SOLE RISK OF NOT BEING ABLE TO PORT YOUR NUMBER. S MOBILE WIRELESS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES, CLAIMS, OR DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE RELATING TO YOU NOT BEING ABLE TO PORT YOUR NUMBER.
⦁ Changing Your Service Plan
Depending on your current Service Plan, you can upgrade or downgrade, at any time during your billing cycle. In cases where you have already exceeded the monthly data, you will not be able to downgrade your Plan. Not all Plans are eligible to take effect within the current month and will start on your next billing cycle—contact to: +1855-476-0907 for eligibility.
If you change or add a different Service Plan or Service feature and the change is effective prior to the start of your next full billing cycle, we will invoice you a prorated amount for the period during the previous billing cycle that the new Service Plan or Service feature was effective.
⦁ Activation Period
By completing your order, you are agreeing to activate your S Mobile Wireless service within 7 calendar days from the date you receive your new Subscriber Identity Module (“SIM”) card and/or device. We will provide you with porting instructions, an easy-to-use self-activation tool, and personal customer service to help you get activated. You have 7 days after delivery to complete activation, at which point we will begin billing (on day 7). If an Embedded Subscriber Identity Module (“eSIM”) is ordered instead of a physical SIM, activation could occur when you place your order, depending on the additional items within your order.
⦁ Service Period
With S Mobile Wireless Service you agree to subscribe to a line of Service either on a month–to– month basis or for a minimum contract term.
A minimum contract term will be required for: 1) Contract Buy-Out from your previous carrier (as described below); or 2) promotions and Service Plans S Mobile Wireless may offer that requires a minimum contract term. If you have agreed to subscribe to a minimum contract term, you agree to remain an active member on a Service Plan (talk & text or talk, text, & data) for the duration of the contract term. If your Service is suspended due to non-payment, that time does not count toward completing your contract term. Once you have completed your contract term, you will become a
member on a month–to–month basis for that line of Service.
⦁ Your S Mobile Wireless Account and Account Access
You may need to set up one or more accounts (“Account”) to purchase or use products and S Mobile Wireless Services. You are responsible for ensuring that any information you provide us in connection with your S Mobile Wireless Accounts, including contact information and billing information, is accurate and remains current.
You are responsible for any activity that occurs on or through your S Mobile Wireless Accounts. We do not guarantee the security of your Accounts, so please ensure that your credentials for accessing or using your Accounts, such as your passwords, personal identification numbers, social security number, or other personal information are secure. If you learn of any unauthorized use of your Account, please contact Member Services immediately at (877) 367-7524.
You may be able to authorize designated individuals (such as family members) to act on your behalf in managing your S Mobile Wireless Accounts, including changing or adding to your Services (“Authorized Users”). You are responsible for all actions and changes made by such Authorized Users, including purchases of products and additional Services. Further, you expressly authorize us to provide information about and make changes to your Accounts (as well as to perform any credit checks on you that we deem appropriate to implement the changes or respond to questions) upon the direction of any person who provides information sufficient to identify you, even if this person has not been designated as an Authorized User. In addition, you agree that all users of your Services, regardless of whether designated as Authorized Users (and including minors), are subject to the limitations and obligations of this Agreement, including its arbitration provision, as well as S Mobile Wireless Privacy Policies. It is your duty to inform them of their limitations and obligations and to make this Agreement available to them.
⦁ How We May Contact You
By signing up for our Service or otherwise opting into any of our optional offers, activism opportunities, or contact lists, you give express permission for us, or one of our service vendors, to contact you on your cellular device about your account, the services you are enrolled in, matters that align with our Mission Statement (including issue alerts, get-out-the-vote notices, issue advocacy, and invitations to special events), newsletters, and special marketing offers. Message and data rates may apply if your device is not using S Mobile Wireless Service.
S Mobile Wireless may contact you without charge on any wireless telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You expressly consent to be contacted by S Mobile Wireless or our agents for any purpose, including billing and collection, at any mailing address, telephone number, or any other electronic address where you may be reached. You agree that S Mobile Wireless or our agents may contact you in any manner, including pre-recorded artificial voice or an automatic telephone dialing system. You agree to notify us promptly if you can no longer be reached at the contact number you provided us. You represent that you have received the consent of any authorized users and other users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive the cancellation of your service and account.
Text “stop” to any promotional text to opt-out of non-account-related SMS communications from us.
You understand and agree that on occasion it may be necessary that we contact you regarding your Account, Services, and additional products and services that we, our affiliates, assignees, successors, or third parties may offer. Accordingly, you agree that S Mobile Wireless and its current and future affiliates, assignees, successors, agents, and outside collection agencies (collectively “Affiliates”) may contact you using any method that you provide to us or any current or future Affiliate, including by phone, mail, email, text message (SMS/MMS), RCS chat, push notification, or other medium, as well as by including messages on or inserts with bills for your S Mobile Wireless Service. You agree to contact us promptly if any contact information we have for you has changed.
Communications from S Mobile Wireless or its current or future Affiliates may include emergency alerts, communications regarding payments or past-due balances, communications that align with our Mission Statement (including issue alerts, get out the vote notices, and invitations to special events), and information concerning promotions regarding any Service or by our third-party partners regarding their products or services. You are not required to agree to receive promotional communications to purchase any S Mobile Wireless Services.
Written notice to you is sent to your last known address in our billing records, by text message to your S Mobile Wireless phone, or email of record for your account. Written notice is deemed delivered three (3) days after deposit in the U.S. mail, postage prepaid and properly addressed or, if by email or text message, by the sent date/time stamp. You agree that we may leave messages for you on your mobile phone, answering machine, or with your answering service. You expressly consent to receive all communications, agreements, documents, notices, and disclosures from us, at your Number or the physical or electronic address you provide to us. You also agree that notices provided to you using any of these methods are sufficient to be deemed to be received by you.
Please do not overlook the important messages section of your bill. Bill messages and inserts are a keyway we share information with you. If you have online billing, you are deemed to have received those notices when your online bill is available for viewing. If you get a paper bill, you are deemed to have received those notices three days after we mail the bill to you.
We may at times contact you using autodialed or prerecorded message calls or text messages at any phone number you provide to us. We may place such calls or texts to (i) provide notices regarding your account or account activity, (ii) investigate or prevent fraud, (iii) inform you about products, services, issues, or events that may be of interest to you, or (iv) collect a debt owed to us. You expressly agree that we, our service providers, and Affiliates may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may also share your contact information with service providers with whom we contract to assist us in pursuing these interests. Standard telephone minutes and text charges may apply. You may choose to revoke your consent by contacting S Mobile Wireless Customer Service.
You can unsubscribe from promotional emails, calls, or messages by following the unsubscribe options in the promotional communication itself or by exercising the opt-out methods detailed in S Mobile Wireless Privacy Policies. For more information about your rights and choices regarding how we communicate with you, please view our Privacy Policies at https://smobilewirelessusa.com/contact-us.
⦁ Credit Verification
By applying for or using certain S Mobile Wireless Services, you are giving us permission to obtain your credit information from consumer credit reporting agencies at any time and for any reason, including because of questions from, or Account changes made by, Authorized Users or persons who provide information we deem sufficient to identify you. We also may share information about your credit with S Mobile Wireless affiliates, assignees, successors, and service providers at any time and for any reason.
⦁ Early Termination Fee
If you agree to a minimum contract term for a line of Service and cancel that line prior to the end of your term, your early termination fee will be $250 (“Early Termination Fee”). The Early Termination Fee is not a penalty, but rather is an alternative means for you to perform your obligations under the Agreement that partially compensates us for concessions we made to you in exchange for your agreement to a minimum contract term including, but not limited to, promotional discounts you received when you signed up for the Service.
Please note that the $250 Early Termination Fee applies to each line of Service. If, for example, you have three lines of Service on your Service Plan with a minimum contract term and cancel all three lines, your early termination fee will be $750.
⦁ Contract Buy-Out
S Mobile Wireless offers its potential Members the opportunity for a “Contract Buy-Out” to ease the financial obligation with their current provider as they terminate their cellular service and switch to S Mobile Wireless. The Contract Buy-Out program offers a credit to your S Mobile Wireless account of up to $500 per line (a maximum of 3 lines). The Contract Buy-Out program applies to the cost of any remaining payments on a device purchased from your current Service provider and early termination fees charged by your current cellular service provider. Charges, such as taxes, monthly recurring charges, and other fees do not qualify for the Contract Buy-Out program.
To be eligible for this program, you must:
⦁ Agree to remain an active member on a talk, text, and data plan for 24 consecutive months. Plans consisting of data only or talk and text only do not qualify.
⦁ Have activated Service with S Mobile Wireless for at least 30 days, and must have at least one successful automatic payment transaction processed through AutoPay completed; and
⦁ Provide a copy of your itemized final bill to AIRESPRINGEMAIL within 90 days of activation.
For the avoidance of doubt, under no circumstances will the Contract Buy-Out credit be payable to you prior to the expiration of the 14-Day Trial Period (as defined below) and any obligations of S Mobile Wireless relating to such credit shall not vest until all the eligibility requirements have been satisfied.
The final bill from your prior carrier must show:
⦁ The same name and address as your S Mobile Wireless account name and address.
⦁ The early termination fee and/or device payoff for the same telephone number that is currently active with S Mobile Wireless; and
⦁ Your payment of the early termination fee and device pay-off.
This offer expires 90 days after activation.
If you do not complete your 24-month Service contract term, the amount of your Contract Buy Out credit will be charged to your credit card/debit card and an Early Termination Fee will apply. Member Loyalty Device Discount
Members having maintained an account in good standing for 18 consecutive months will earn a Member Loyalty Device Discount (“MLDD”). The MLDD provides a 20% discount (up to $150) off the Retail Price of a single device purchased from S Mobile Wireless. This discount may be applied to an outright purchase. The MLDD only applies to device purchases.
One MLDD is earned for each line after that line has been active for 18 months and the account has remained in good standing. The device purchased with an MLDD must be for use with either (1) an existing line or (2) a new line of Service with S Mobile Wireless on an existing account. S Mobile Wireless reserves the right to limit, modify, or discontinue the MLDD at any time.
The MLDD program can only be utilized once every 18 months per line with a maximum of 2 lines per account per year.
⦁ Your Wireless Device
Your wireless device must comply with Federal Communications Commission regulations, be certified for use on the S Mobile Wireless network, and be compatible with your Service. When you activate a Service that uses either a physical SIM card or eSIM (collectively, “SIM card”), you agree that S Mobile Wireless owns the intellectual property and software in the SIM card and that we may change the software or other data in the SIM card remotely and without notice. Additionally, we may utilize any SIM card capacity for administrative, network, business, and commercial purposes.
If you bought a wireless device from S Mobile Wireless and you want to reprogram it for use with another wireless network, please note that your wireless device may not work with another wireless network, or the other wireless provider may not accept your wireless device on its network.
You acknowledge that, except as required by law, you shall acquire no proprietary interest in the SIM card assigned by S Mobile Wireless for your use. You acknowledge that any intellectual property or software in the SIM not provided by S Mobile Wireless or you is the property of the supplier of services to S Mobile Wireless, and such supplier may change or update the software or other data in the SIM card or the software in your device over the air and utilize any capacity in the SIM card for administrative, network, business, and/or commercial purposes. The supplier of services to S Mobile Wireless shall have no liability whatsoever for your losses, claims, or damages for any cause whatsoever, including but not limited to any failure or disruption of the Service provided hereunder, regardless of the form of action, whether in contract, tort, or otherwise. S Mobile Wireless shall not be deemed a third-party beneficiary of any contract between S Mobile Wireless and S Mobile Wireless supplier of services.
⦁ 14-Day Trial Period and 14-Day Device Return Policy
You have 14 days from the date you either (a) accepted your product shipment, which may include a device or SIM card, or (b) activated your line, whichever is earlier, to choose to continue or cancel your Service Plan and/or return your purchased device (“14-day Trial Period”). If you cancel both your Service Plan and return your purchased device within the 14-day Trial Period, S Mobile Wireless will refund your activation fee and purchase price of the device you made, unless you secured third party financing for your device, in which case, we will return the funds to the third-party lender.
If only returning your purchased device within the 14-day Trial Period, S Mobile Wireless will refund your activation fee for the purchased device and the portion of advanced payments or deposits that were required as a condition to your eligibility for a device promotion of device installment plan. If returning a device purchased from S Mobile Wireless, the device must be returned as specified below and is subject to a $35 restocking fee. The 14-Day Trial Period may only be utilized once per line as to any Service Plan and once per line every 12 months as to any purchased device.
With respect to any device, you received from S Mobile Wireless during the 14-day Trial Period, you may elect to do one of the following during the 14-Day Trial Period (collectively, referred to as “14-day Trial Period Rights”):
⦁ Cancel your Service but keep the device subject to paying the remaining balance on the device before the end of the 14-Day Trial Period.
⦁ Return the device for a refund subject to the Device Return or Exchange Conditions below; or
⦁ Exchange the device subject to the Device Return or Exchange Conditions below.
You must contact Member Services at +1855-476-0907 to let them know which of the 14-day Trial Period Rights you wish to exercise.
⦁ Device Return or Exchange Conditions
To the extent you wish to return or exchange your device, you will be sent a pre-addressed postage paid return label by email. The device must be shipped within five (5) days of receiving the label; otherwise, the device’s remaining cost will be charged along with any applicable Early Termination Fee.
Devices must be returned in the following condition:
⦁ Be returned in like-new condition in the original box with all accessories.
⦁ All personal content MUST be erased.
⦁ Passcodes must be disabled, and the device must be UNLOCKED.
⦁ iPhones must have the “Find My iPhone” feature removed.
⦁ Android devices must have the Google account removed.
⦁ Be able to power on/off.
⦁ Have a working battery.
⦁ Have an intact functioning screen and glass must be free of cracks or breaks.
⦁ Have intact charging port and headphone jack; and
⦁ Have no water damage.
Returned devices will be examined and dispositioned, resulting in either a full refund, partial refund, or no refund.
If exchanging a device, once the first device has been verified as shipped back to S Mobile Wireless, then another device can be shipped. A device exchange will include a $35.00 restocking fee. A defective device return, and replacement will not include the restocking fee.
⦁ Bring Your Own Device
For your device to be eligible for Service, it must be a compatible device without a lock on your device from your current carrier (“Carrier Lock”). Carrier Locks may be in place if you still owe money to the carrier from whom you purchased your device.
For S Mobile Wireless to activate your current device with your Number on the S Mobile Wireless network, we will need the current account number and PIN where you had cellular service prior to activating with S Mobile Wireless. If you have a balance due to your current carrier, you will not be able to port your existing number until that balance is paid in full.
⦁ Roaming
All domestic data, roaming, and in-network charges are included in your S Mobile Wireless Service Plan. You will not receive roaming charges. However, excessive roaming may result in your ability to roam being blocked by S Mobile Wireless.
⦁ Caller ID
If you do not want people you call to see the number assigned to your device, you can contact to: +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com for information about automatic Caller ID blocking. You may block the number assigned to your device on a per-call basis by dialing *67 + Destination Number + TALK (or a similar key). Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your number is dependent on receiving the information from the calling party. Pay-Per-Call Services
S Mobile Wireless does not allow you to make calls from your number to 900, 976, and similar numbers for pay-per- call Services.
⦁ International Calling
Calling from the U.S. to international numbers is available using your S Mobile Wireless device. Rates are available at: +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com.
International Roaming
In select countries, you may use your S Mobile Wireless device to complete calls while traveling abroad; this is called International Roaming. Prior to travel, you must call Member Services at +1855-476-0907 to initiate this feature. S Mobile Wireless ability to provide this feature is dependent upon its relationship with other wireless carrier networks, and included countries can be changed by these carriers without notice. Your ability to use S Mobile Wireless Service while traveling abroad depends on your device type. Please note that substantial charges may be incurred if your device is taken out of the U.S. even if international roaming is not intentionally used. Many devices have preloaded and downloaded apps that transmit and receive data without user intervention and can generate unexpected charges when your device is powered on outside the U.S. To prevent unexpected international charges while traveling abroad, we recommend that you keep your device turned off or in airplane mode when it is not in use.
Your rate plan may include the capability to send and receive calls and text messages and use data for international roaming. Certain eligibility restrictions may apply to international roaming, which may be based on wireless service tenure, payment history, and/or credit. We may, in our sole discretion, block or remove your ability to use international roaming until our eligibility criteria is met.
International roaming rates apply to any calls made or received, messages sent, and data used while outside the United States. International roaming rates are subject to change without notice and vary by country. If you do not subscribe to an international roaming package or plan, you will be charged pay-per-use rates that may be substantially higher on a per-unit basis than international package rates. Coverage within other countries and territories may vary depending on your device type, plan, and package and may be changed by us at any time without notice.
Charges for a call placed to or from your Number begin when you press SEND (or similar key) and end when the call is terminated. To ensure the call is terminated, you must press END (or a similar key).
Charges for voice Services are incurred in one-minute increments, and partial minutes of use are rounded up to the next highest minute.
⦁ Access
PLEASE CAREFULLY READ THE INFORMATION BELOW. IT CONTAINS IMPORTANT INFORMATION REGARDING THE LIMITATIONS OF 911 FUNCTIONALITY. YOU ACKNOWLEDGE THESE LIMITATIONS AND AGREE TO SHARE THESE LIMITATIONS WITH ANYONE WHO MAY USE YOUR SERVICE TO PLACE CALLS OR SEND TEXTS.
911 services are provided by your state and local government. Your device can make calls to 911 in the United States, and 911 access is available to members regardless of your Plan. Your device must have battery power and network connectivity to complete a 911 call. Although S Mobile Wireless is often capable of communicating your phone number and/or current location to a public safety answering point (“911 Communications Center”), in some cases, 911 Communications Center operators may not know your phone number or have information about your current location. As a result, when making 911 calls, you should provide your contact information and current location. Other third-party entities are involved in connecting a 911 call and S Mobile Wireless is not solely responsible for determining which 911 Communications Center your 911 call may be routed to. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 911 location services, while the port is in process. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services.
Wi-Fi Calling. Wi-Fi Calling services use a broadband internet connection to make calls, including calls to 911. Calls to 911 using Wi-Fi Calling operate differently than 911 calls made over a cellular network or a landline phone. If possible, use a cellular connection or a landline phone to place any 911 calls. If a cellular connection is available when you a place a 911 call, your handset will make the 911 call using the handset’s native dialer over the cellular connection to improve call quality and location accuracy even if you have Wi-Fi Calling services enabled.
When you first enable Wi-Fi Calling on S Mobile Wireless, you must provide us with the primary street address at which the Wi-Fi Calling service will be used (“Your E911 Registered Address”). If you call 911 over Wi-Fi, we may transmit Your E911 Registered Address to the 911 Communications Center that answers the call, and it may be used to help emergency responders locate you. However, because of the limitations associated with Wi-Fi 911 calling, including the fact that the broadband internet connection utilized may be supplied by a third-party unaffiliated with S Mobile Wireless, you should provide the 911 Communications Center with your contact information and current location. You agree to update Your E911 Registered Address before you use the Wi-Fi Calling service at a location different from Your E911 Registered Address. You can update Your E911 Registered Address by contacting +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com
Text-to-911. Text-to-911 service may be available in some locations where S Mobile Wireless service is provided. This is dependent on your local 911 Communication Center’s ability to receive text messages.
TTY Calls to 911. Calls to 911 from a TTY will not work when using Wi-Fi Calling or Voiceover-LTE (“VoLTE”). If you cannot make a voice call to 911, S Mobile Wireless recommends that you use an internet-based Telecommunications Relay Service such as Video Relay Service, IP Relay Service, or IP Captioned Telephone Service. S Mobile Wireless Real-Time Text (“RTT”) technology is also available on S Mobile Wireless network and can be used on select devices to contact 911.
⦁ VoIP Services
Some S Mobile Wireless voice services, including Wi-Fi Calling services, may utilize Voice over Internet Protocol (“VoIP”) technology. VoIP telephony is fundamentally different from traditional telephone service and has inherent limitations. VoIP services, including 911 calling, may be unavailable or limited in some circumstances. If possible, use a cellular connection to place any 911 calls.
911 functionality for S Mobile Wireless VoIP services may be impaired or unavailable:
⦁ If you use the VoIP Service in a location other than at Your E911 Registered Address.
⦁ If there is a problem with the broadband network utilized, including network congestion, network, equipment, power failure, another technical problem, or during system updates or upgrades; and
⦁ If you have lost electrical power.
Before using any S Mobile Wireless VoIP service, you must provide us with Your E911 Registered Address. If you call 911 using a S Mobile Wireless VoIP service, we may transmit Your E911 Registered Address to the 911 Communications Center that answers the call, and it may be used to help emergency responders locate you. You agree to update Your E911 Registered Address before you use your S Mobile Wireless VoIP service at a different location. You can update your E911 Registered Address by contacting +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com
In some circumstances when using a S Mobile Wireless VoIP service, we may not be able to provide 911 Communications Centers with your correct current location. If you make a 911 call using a S Mobile Wireless VoIP service, you should always provide the 911 Communications Center with your contact information and current location.
In some limited circumstances, such as when a user makes a call from an area not covered by the 911 network, users may have limited access, or no access, to either basic 911 or E911. If the user does not have access to either basic 911 or E911, calls to 911 using S Mobile Wireless VoIP services will be sent to a national emergency call center. A trained agent at the national emergency call center should ask for the name, telephone number and location of the user calling 911, and then contact the local 911 Communications Center to request help for the user.
Lost or Stolen Equipment
If your device or other equipment is lost or stolen, you must notify us by contacting to +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com
. During the period before you notify us of the loss or theft, you are responsible for the monthly recurring charges.
Upon notification to us of any loss or theft, we will place your account on hold for the Service to the Number. We may require you to give us evidence of the loss or theft (for example, through a police report or affidavit). Reactivation is at the sole discretion of S Mobile Wireless. We will deactivate the Service to any Number without prior notice if we suspect any fraudulent or illegal use of the Number. You agree that you will reasonably cooperate with us in any investigations of suspected unlawful or fraudulent use.
Warranty Replacement
S Mobile Wireless does not manufacture devices and does not provide a device warranty. Before purchasing any device, we recommend understanding what warranty coverage (if any) applies from the manufacturer. If you are interested in purchasing device protection for damage and loss, we are happy to refer you to a device protection provider. Please note that S Mobile Wireless might receive compensation from a device protection provider we refer you to if you purchase device protection from such provider. Please contact S Mobile Wireless for more details.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS AN OFFER BY S MOBILE WIRELESS TO: (A) MAKE OR PROPOSE TO MAKE ANY CONTRACT OF INSURANCE; (B) EXCHANGE ANY CONTRACT OF INSURANCE BY ANY MEANS FOR MONEY OR ITS EQUIVALENT, ON BEHALF OF AN INSURANCE COMPANY; (C) SELL OR ATTEMPT TO SELL ANY INSURANCE CONTRACT BY ASKING OR URGING A PERSON TO APPLY FOR A PARTICULAR KIND OF INSURANCE FROM A PARTICULAR INSURANCE COMPANY; (D) CONFER DIRECTLY WITH OR
OFFER ADVICE TO A PURCHASER OR PROSPECTIVE PURCHASER OF A PARTICULAR CONTRACT OF INSURANCE CONCERNING ANY OF THE SUBSTANTIVE BENEFITS, TERMS, OR CONDITIONS OF THE CONTRACT; (E)
UNDERWRITE, PRICE OR DELIVER ANY INSURANCE CONTRACT; (F) COLLECT ANY INSURANCE PREMIUM PAYABLE BY A MEMBER FOR ANY INSURANCE CONTRACT; OR (G) ADMINISTER ANY INSURANCE CONTRACT AFTER ISSUANCE THEREOF, INCLUDING WITH RESPECT TO THE ADJUSTMENT OR PAYMENT OF ANY CLAIMS ARISING THEREUNDER.
Charges
You are required to pay, by the due date indicated on each invoice, all charges for Services provided for the Number for each device or other equipment that our records show you activated, regardless of who uses or has possession of the device or other equipment during the provision of Services. Examples of these charges include:
⦁ recurring monthly Service charges,
⦁ usage charges (voice, text, data, and domestic and international),
⦁ connection fees,
⦁ miscellaneous charges,
⦁ optional features you select at an extra cost, and
⦁ taxes and other surcharges.
Data and MMS/SMS usage is measured in bytes, kilobytes, megabytes, and gigabytes. Bytes are rounded up to the next highest KB so you will be charged at least 1 KB for each data usage session (“Data Session”). Rounding occurs at the end of each Data Session, and at intermittent collection points during a Data Session.
Depending on your Data Service, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. When you are charged a fixed price per KB, fractional cents will be rounded up to the next cent.
Billing
Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. Unless we state otherwise in your Service Plan, monthly Plan Charges are invoiced one billing cycle in advance. Nevertheless, we may invoice you for usage and charges occurring before the current billing cycle if we did not previously invoice you for them. If we invoice you for usage incurred during a prior billing cycle, those charges will be applied to your Service Plan usage for the current billing cycle. However, if you have changed your Service Plan between the time the usage was incurred and the beginning of the current billing cycle, we will charge that usage from the prior billing cycle at the applicable per usage rate set out in the Service Plan in effect at the time the usage was incurred.
Payments
Your payments will be due on the “DUE DATE” reflected on your monthly billing and processed through AutoPay that will be set up upon becoming a S Mobile Wireless member. If payments are not received on time, a late fee equal to 1.5% per month (18% per annum) on the unpaid balance may be added to your amount due, if allowed by law in the state of your billing address. You may have to pay a $30 fee to reactivate Service if your Service is terminated, or a $15 fee to reconnect Service if it is interrupted for non–payment or suspended for any reason. S Mobile Wireless acceptance of late or partial payments does not waive any of our rights to insist upon payment of the full amount due. You will also be charged a fee for each and any check or other instrument (including credit card charge backs) returned unpaid for any reason (subject to applicable law and except as may otherwise have been expressly agreed in writing).
If you fail to pay on time and S Mobile Wireless refers your account(s) to a third party for collection, a collection fee will be assessed and due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18% per annum. Subject to, and insofar as not contrary to applicable law, we will not be responsible or liable for any negative or adverse consequences that may arise as a result of our reporting your Account or payment information or history to any third-party credit reporting or collections agency.
AutoPay
Enrollment in AutoPay is required to initiate Service with S Mobile Wireless and must be maintained as a condition to use of the Service. By enrolling in an automatic credit card billing, automatic payment, or electronic funds transfer plan, you authorize us or our agent to charge or place holds on the credit or debit card or financial institution account number you provide to us, without requiring a signed receipt. You certify you are the owner of the payment method, authorize S Mobile Wireless to store this information, and authorize S Mobile Wireless to automatically charge the amount of your monthly bill(s) each month on the date indicated on your monthly bill, and to charge any amounts outstanding if you cancel Service. You agree to provide S Mobile Wireless with updated credit or debit card or bank account information when needed by calling Member Services at +1855-476-0907 , or updating such information in your Account online. You acknowledge that, if your card issuing bank participates in a card updater program and unless you opt out of this service, your bank may provide us with updated card numbers and expiration dates, and we will update our files with this information and continue to charge your card. You agree that we are not responsible for any insufficient funds or other charges you might incur as a result of any attempts to charge, or place holds on your credit or debit card or to transfer funds. When payment is made by credit or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit or debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may charge you an additional fee.
Advance Payments/Deposits
We may refuse to provide Services or require an advance payment, a nonrefundable payment, a deposit, or other form of credit requirement if we determine that you may be a credit risk due to (1) your credit rating; (2) insufficient credit history; (3) previous late payments, suspension, disconnection, or restoration of Service; or (4) fraudulent or abusive use of any Services within the last five years. We may also require you to make an advance payment and/or a deposit to either (1) benefit from a device promotion, or (2) enter a device installment plan. We will not pay interest on advance payments or deposits unless required by law. We may, however, require special payment terms, such as additional advance payments or deposits, if we determine that the initial payment was inadequate. We may establish limits and restrict Services or features as we deem appropriate, and we may immediately interrupt or suspend Services until your balance is brought below the limit, we set for you. Any charges you incur more than your limit become immediately due. Upon determination solely by S Mobile Wireless of satisfactory payment history or as required by law, S Mobile Wireless may begin refunding deposits through bill credits or cash payments or as otherwise determined solely by S Mobile Wireless. Advance payments or deposits to enter a device installment plan will not be returned unless you exercise one of your 14-day Trial Period Rights. These payments will be applied toward the device’s price and used to reduce your monthly installment. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies.
Device Activation Fee
We may require you to pay a non-refundable fee when you (1) activate your Number with S Mobile Wireless, (2) change the number on your existing device, or (3) activate an additional device on your existing account with a new Number. More information about applicable fees is set out in your Service Plan or can be obtained by contacting to+1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com
.
Miscellaneous Charges
FCC Universal Service Fee (“USF Fee”): The USF Fee applies to all members and is calculated as a percentage of the interstate and international charges of the member’s current bill. It is based on the percentage assessed by the Federal Communications Commission (“FCC”) on mobile carriers for the support of universal service. The USF Fee will change to match any modification made by the FCC to its charge to S Mobile Wireless.
Regulatory Administrative Cost Recovery and Compliance Recovery Fees: The fees are not government taxes or government-imposed fees but rather fees collected and retained by S Mobile Wireless to help defray and recover certain costs we have already incurred and continue to incur, including (a) costs of complying with regulatory and industry obligations and programs, such as E911, wireless local number portability costs; and (b) costs associated with our network, including operations and maintenance costs paid to other companies for network services and other services we obtain to provide you with service.
Referral Program
S Mobile Wireless may, from time to time, offer incentives/programs for you to refer other potential members to S Mobile Wireless. Those referral incentives/programs may change from time to time. The details regarding referral programs that are currently active for any member who has been enrolled in such a referral program or may do so under the current plan can be found here on S Mobile Wireless https://smobilewirelessusa.com.
Disputed Charges
You are liable for all charges on an invoice unless you raise a dispute about charges invoiced to you within 90 days of the invoice’s date. If you fail to dispute charges within the 90-day time, you will have waived your rights to dispute the bill and to participate in any legal action raising that dispute. This limitations period does not apply in any state in which such contractual notice provisions are prohibited.
To notify us of any dispute, call Member Services on +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com. We will not consider calls to our sales or general business offices as notice of a dispute. You are not required to pay any properly disputed amounts while we investigate them; however, you must pay amounts not in dispute by the due date. Once we have completed our investigation, all charges that we have not removed because of the investigation are due and payable.
Cancellation of Services by You
We hope to keep you as a life-long member, but things happen. If you need to cancel your Service here is what you need to know.
You can cancel either a month-to-month Service Plan or a minimum contract term Service Plan within 14 days from the date you either (a) accepted your product shipment, which may include a device or SIM card, or (b) activated your line, whichever is earlier without penalty, except as described in the 14-Day Trial Period and 14-Day Device Return Policy section, above without payment of an Early Termination Fee.
You can also cancel any individual line of Service on your Account or your whole Account at any time by Contacting +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com and requesting the cancellation. S Mobile Wireless does not accept cancellation requests sent to it by any other method, including by mail, email, or facsimile, and any request sent by this method shall not be effective to cancel your account or constitute notice to us of your intent to do so. You must pay all amounts owed for Service used prior to cancellation and through the end of the billing period, including applicable taxes, surcharges, and other fees. If you entered into an Agreement for a minimum contract term, you must also pay the Early Termination Fee and/or repay the Contract Buy-Out credit, as specified above, if you cancel a line of Service or your Account prior to the expiration of the minimum term. Termination or Suspension of Services by S Mobile Wireless
S Mobile Wireless reserves the right, in its sole discretion and without notice or limitation, to limit data throughput speeds or quantities or to modify, suspend, or discontinue any function or feature of any Service, including your rates or charges, or to terminate your Service entirely, for any reason. This may include, but is not limited to, excessive data usage above the amount of high speed data purchased through your Service Plan; remaining in governmental and regulatory compliance (laws and policies); protecting the interests of S Mobile Wireless, our suppliers, and our members; or using our Service in a manner that is unlawful, infringes on intellectual property rights, harms or unduly interferes with the use of S Mobile Wireless network or systems, or otherwise constitutes a prohibited voice, text or data use, as detailed below.
Any use of S Mobile Wireless; or any interaction with S Mobile Wireless, its employees, its vendors, or its members; that is threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, otherwise violates any law, could be detrimental to S Mobile Wireless, or provides support or resources to any organization designated by any government as a foreign terrorist organization shall constitute immediate grounds for termination of Service.
The following are examples of prohibited uses that would allow S Mobile Wireless to terminate your Service, but in all cases, usage must be in line with usual and customary usage or can be terminated immediately:
Examples of prohibited voice use: S Mobile Wireless voice Services are provided solely for live dialogue between and initiated by two or more individuals for personal use. However, S Mobile Wireless Service may not be used for any other purposes, including, but not limited to monitoring services, the transmission of broadcasts, the transmission of recorded material, telemarketing, auto-dialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals.
Examples of prohibited text use: S Mobile Wireless text Services are provided solely for live messaging purposes between two or more individuals. However, text Services may not be used for premium SMS, which utilizes short codes, SMS chat programs, monitoring Services, data transmissions, or other connections that do not consist of uninterrupted live messaging purposes between two or more individuals. If S Mobile Wireless finds that you are using a text Service offering for anything other than live messaging purposes between two or more individuals, S Mobile Wireless may at its option terminate your Service, block individual text messages, or, if you are subscribed to an unlimited text plan, change your plan to one with no unlimited usage components. S Mobile Wireless currently supports international text messaging, but not with its unlimited text plans. Additional charges will apply for international text messaging. S Mobile Wireless does not guarantee delivery of messages and reserves the right to change this offer as needed without notification.
Text messages, including downloaded content, not delivered within seven (7) days, will be deleted. S Mobile Wireless reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. S Mobile Wireless reserves the right to deny or terminate Service, without notice, to anyone S Mobile Wireless believes is using the Service in any manner prohibited above or whose usage of text messaging, in S Mobile Wireless sole discretion, adversely impacts S Mobile Wireless network or member Service levels. S Mobile Wireless will presume you are engaging in a prohibited use in violation of this Agreement if, in S Mobile Wireless sole opinion, you are placing an abnormally high number of text messages, or if your text usage is harmful or disruptive to S Mobile Wireless network or Services.
Examples of prohibited data use: S Mobile Wireless Data Services are provided solely for web surfing, sending and receiving email, photographs, and other similar messaging activities, and the noncontinuous streaming of videos, downloading of files, or online gaming. However, our Data Services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, or to operate hosting Services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to “autoresponders,” “cancel bots,” or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, junk mail, unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either S Mobile Wireless or other parties’ Internet based resources, including, but not limited to, “denial of Service” attacks against another network host or individual user; (vi) for an activity that connects any device to personal computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless the member is using a plan designated for such usage); or (vii) for any other reason that, in our sole discretion, violates our policy of providing Service for individual use.
Regardless of the reason we terminate your Services you must pay all amounts owed for Service used prior to cancellation and through the end of the billing period, including applicable taxes, surcharges, and other fees. In addition, if you entered into an Agreement for a minimum contract term, you must also pay the Early Termination Fee and/or repay the Contract Buy-Out credit, as specified above, if we terminate your Agreement or cancel a line due to misconduct by you, including any Authorized User of your Account, prior to the expiration of the minimum term.
Dispute Resolution by Mandatory, Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most member concerns can be resolved quickly and to the members’ satisfaction by emailing to : support@smobilewirelessusa.com
. In the unlikely event that S Mobile Wireless Member Services department is unable to resolve a complaint you may have to your satisfaction (or if S Mobile Wireless has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve disputes or claims through either binding arbitration, small claims court, your state’s Public Service Commission or an appropriate federal or state governmental agency instead of courts of general jurisdiction. You maintain your right to file a complaint with your state’s Public Service Commission regarding the Service provided and charges imposed by S Mobile Wireless. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”). Judgment on the award may be entered in any court with jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement
S Mobile Wireless and you agree to resolve all disputes and claims between us through either arbitration or the filing of a complaint with your state’s Public Service Commission or an appropriate federal or state governmental agency. This Agreement to arbitrate is intended to be broadly interpreted. The term “disputes,” as used in this Agreement, includes, but is not limited to:
⦁ all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (including but not limited to claims under the Telephone Consumer Protection Act, and other federal and state statutes).
⦁ claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
⦁ claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
⦁ claims that may arise after the termination of this Agreement.
References to “S Mobile Wireless” and “us” include our respective subsidiaries, affiliates, representatives, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and S Mobile Wireless are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions – not state law – govern all questions of whether a dispute is subject to arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to S Mobile Wireless should be addressed to Accounting, S Mobile Wireless, 1527 W. State Hwy 114, Suite 500 PMB 297, Grapevine, TX 76051 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If S Mobile Wireless and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or S Mobile Wireless may commence arbitration proceedings. During the arbitration, the amount of any settlement offer made by S Mobile Wireless, or you, shall not be disclosed to the arbitrator until after the arbitrator determines the amount if any, to which you or S Mobile Wireless is entitled (“Award”).
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-7787879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless S Mobile Wireless and you agree otherwise, any arbitration hearings will take place in Tarrant County, Texas. If your claim is for $10,000 or less, we agree that you and we will jointly choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the Award is based. Except as otherwise provided for herein, the party filing the claim will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the Notice requirements above. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will continue to be your obligation. Additionally, you agree to reimburse S Mobile Wireless for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an Award, then S Mobile Wireless will:
⦁ pay you the amount of the Award.
⦁ reimburse you the AAA filing fee, administration fee, and arbitrator fees for any arbitration associated with your claim in arbitration; and
⦁ pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“Attorney Premium”).
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, the Award, and Attorney Premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The right to attorneys’ fees and expenses discussed in the paragraph above supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you are entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND S MOBILE WIRELESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and S Mobile Wireless agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if S Mobile Wireless makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service, you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting any such future change to this provision, you agree that you will arbitrate any dispute between us in accordance with the language of this provision.
Limitation of Liability
Except as otherwise stated in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed:
⦁ where the case relates to a specific piece of equipment, the prorated monthly recurring charge (“MRC”) for Service to the piece of equipment during the affected period, or
⦁ where the case does not relate to a specific piece of equipment, the prorated MRCs of your Service to you during the affected period.
S Mobile Wireless is not liable for any damage arising out of or in connection with the following:
⦁ your negligent or intentional act or omission.
⦁ any act or omission of any telecommunications service or other service provider other than S Mobile Wireless.
⦁ any act or omission of any third party or independent contractor that offers products or services in conjunction with or through your Service.
⦁ any lack of Service availability in any specific country or location within a country.
⦁ any directory listing.
⦁ any dropped calls.
⦁ any late or failed message delivery.
⦁ traffic or other accidents, or any health-related claims allegedly arising from the use of services, devices, equipment, or accessories used in connection with your Service.
⦁ the use of S Mobile Wireless Data Service, including the accuracy or reliability of any information obtained from the Internet using S Mobile Wireless Data Service, or Internet services, content, or applications not supported by S Mobile Wireless.
⦁ any interruption or failure of 911 or E911 emergency services or identification of the number, address, or name associated with any person accessing or attempting to access emergency services from your device.
⦁ any Mobile Content you install on your device or other equipment.
⦁ the installation or repair of any products or equipment by parties who are not our authorized employees or agents; and/or
⦁ any use of your device or other equipment whether authorized by you.
This section survives the termination of this Agreement.
Indemnification
You agree to indemnify and defend us, our partners, directors, officers, employees, and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Service or equipment used in connection with the Service; or (2) any communications you make or receive using the Service. This indemnification extends to and includes any attorneys’ fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives the termination of this Agreement.
No Consequential or Other Damages
S MOBILE WIRELESS WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES FOR ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, DEVICES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICE. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, OR COST OF REPLACEMENT PRODUCTS AND SERVICE, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Disclaimer of Warranties
We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device. We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network- related modifications, upgrades, or similar activity. We also do not warrant or guarantee that Service will be available in any country, or location in a country and S Mobile Wireless shall not be liable, whether in contract, warranty, strict liability, tort, or otherwise, based in whole or part, on gaps in Service. If you download or use applications, services, or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third–party products. S Mobile Wireless is not responsible for any third-party information, content, applications, or services you access, download, or use on your device. You are responsible for maintaining anti-virus and other Internet security protections when accessing these third–party products or services. This section survives the termination of this Agreement.
Government Requests for Member Records
We will refuse to comply with unlawful government requests for member records or call content and will only divulge our member’s private records pursuant to an emergency request or under court order or subpoena.
Assignment
S Mobile Wireless may assign this Agreement or parts of this Agreement to any non-affiliated third party without your consent and without notice to you, but you cannot assign the Agreement or any rights or legal claims arising from it without our prior written permission. Upon any assignment of this Agreement by S Mobile Wireless, all references in this Agreement to “S Mobile Wireless,” “we,” “us,” or “our” shall refer solely to the assignee of this Agreement and shall no longer refer to S Mobile Wireless or its affiliates. From the date of an assignment by S Mobile Wireless, S Mobile Wireless will no longer be your service provider and the assignee shall be responsible for providing your services. You acknowledge and agree that S Mobile Wireless will have no liability or obligation to you if this Agreement is assigned by S Mobile Wireless, and your recourse for any liabilities or obligations shall be solely limited to the assignee of this Agreement.
No Third-Party Beneficiaries
Except as stated in this Agreement, anyone who uses or benefits from your Services is not a third-party beneficiary who can enforce this Agreement against you, us, or anyone else.
Operational Limits/Force Majeure
S Mobile Wireless ability to provide Services to you is subject to the availability and the operational limitations of the requisite equipment and associated facilities, including third party networks that S Mobile Wireless does not control. You understand and agree that Service may be temporarily refused, interrupted, curtailed or otherwise limited because of transmission limitations caused by any factor, including, but not limited to, physical obstructions; network congestion; atmospheric, environmental or topographical conditions; system and/or facilities interference, limitations or constraints; or system and/or facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the facilities. You further understand that You may encounter temporary capacity-constraint-related symptoms, such as excessive call blocking, call dropping, or data-throttling in highly concentrated usage locations. S Mobile Wireless shall not be liable for any such temporary interruptions, delays, or capacity constraints.
In addition, S Mobile Wireless is not responsible for interruptions or delays caused by events outside its control, such as war, acts or threats of terrorism, civil disorder, labor strikes or disruptions, natural disasters (including fires, floods, earthquakes, and severe weather), medical epidemics, pandemics or outbreaks, destruction of network facilities or transportation infrastructure, or any other events beyond S Mobile Wireless reasonable control.
This section survives the termination of this Agreement.
No Waiver
The failure of either of us to enforce any right or remedy available under this Agreement is not a waiver of the right or remedy for any other breach or failure by the other party. If we waive any requirement in any one instance, it is not a general waiver of that requirement and does not amend this Agreement.
Choice of Law
This Agreement is governed by and construed under the laws of the state of Texas, except to the extent that such law or laws is preempted by or inconsistent with applicable Federal law. This section survives the termination of this Agreement.
Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
Survivability
The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
Section Headings
Section headings in this Agreement are for descriptive purposes only and are not used to interpret this Agreement.
Entire Agreement
This Agreement constitutes our entire agreement and supersedes any prior or contemporaneous agreements or understandings between us or any reliance on marketing materials or statements or promises by S Mobile Wireless employees or agents.
Notices
You may obtain our current address for written notice by emailing to +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com, Please address your written notice to COO at S Mobile Wireless. Written notice is deemed delivered by either certified mail, overnight mail with a tracking number showing signature received, or, if by email, by the sent date/time stamp. Email notification must be sent to Sales@astsolutionsllc.com, info@astsolutionsllc.com Addresses for notice purposes may be changed by giving notice as provided in this section.
State-Specific Terms
California: Unauthorized Charges: You are not liable for charges you did not authorize, but the fact that a call was placed from your device is evidence that the call was authorized. Unauthorized charges may include calls made to or from your device or other device after it was lost or stolen. Once you report to us that the device is lost or stolen, and your device is suspended, you will not be responsible for subsequent charges incurred by that device. You can report your device as lost or stolen and suspend Services without a charge by contacting S Mobile Wireless +1855-476-0907 , Sales@astsolutionsllc.com, info@astsolutionsllc.com
If you notify us of any charges on your bill you claim are unauthorized, we will investigate. If there are charges on your bill for calls made after the device was lost or stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. You may submit documents, statements, and other information to show any charges were not authorized. We will advise you of the result of our investigation within 30 days. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission and you may have other legal rights. While an investigation is underway, you do not have to pay any charges you dispute or associated late charges, and we will not send the disputed amount to collection or file an adverse credit report about it. While your device is suspended you will remain responsible for complying with all other obligations under this Agreement, including but not limited to, your monthly fee. We both have a duty to act in good faith and in a reasonable and responsible manner, including in connection with the loss or theft of your device.
Connecticut: Questions About Your Service: If you have any questions or concerns about your Service, please contact Member Services at (877) 367-7524. If you are a Connecticut customer and we cannot resolve your issue, you have the option of contacting the Public Utilities Regulatory Authority. Online: ct.gov/pura; Phone: (800)382-4586; Mail: Connecticut DPUC, 10 Franklin Square, New Britain, CT 06051.
Puerto Rico: If you are a Puerto Rico customer and we cannot resolve your issue, you may notify the Telecommunications Regulatory Board of Puerto Rico of your grievance. Mail: 500 Ave Roberto H. Todd, (Parada 18), San Juan, Puerto Rico 00907-3941; Telephone: (787)756-0804 or (866)578-5500; Online: jrtpr.gobierno.pr.
TERMS OF USE
Acceptance of Terms
This website is published, owned, and operated by or on behalf of S Mobile Wireless, its affiliates, subsidiaries, and related entities (“S Mobile Wireless,” “we,” “us,” “our,” or “Company”). These Terms of Use (“Terms”) govern your access to and use of any S Mobile Wireless website, portal, application or extranet, or the services provided on any S Mobile Wireless website and all websites where these Terms are posted, including any subdomains and, versions (collectively, the “Site”).
By visiting, accessing, browsing, submitting information to, using and/or shopping on the Site, you (referred to throughout the Terms as “you”) agree and acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws. If you do not agree with these Terms, please do not use the Site.
If you are an S Mobile Wireless customer, you are also bound by the S Mobile Wireless Terms and Conditions and any other terms that apply to your plan or service. If any provision of these Terms conflicts with any term in the Terms and Conditions, the Terms and Conditions apply. If you are a S Mobile Wireless service provider, dealer, agency, contractor, or an employee of any of these entities, your use of the Site may also be subject to your binding agreement with S Mobile Wireless, and if any provision of these Terms conflicts with any term in your agreement with S Mobile Wireless, the term of your agreement with S Mobile Wireless, applies.
Site Access
You represent that you are at least 18 (or, if you are a Puerto Rico resident, at least 21), legally emancipated, or that you are using the Site under the supervision of a parent or guardian. We may ask you to provide accurate registration information to create an account in order to use the Site or some of its features or services. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Site, terminate or suspend your account, or otherwise limit or restrict your use or service. Your use of the Site is limited to non-commercial, personal use only. We grant you temporary access to the Site and a limited, non-exclusive, revocable, and nontransferable license to access and use the information contained within the Site solely for your personal or internal business use and in accordance with these Terms, the S Mobile Wireless, Terms and Conditions, and any other terms that apply to your plan or service. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice. You agree not to access the Site by any means other than through the interface that is provided by S Mobile Wireless, for use in accessing the Site.
Purpose of Site
S Mobile Wireless , provides the Site for the purposes of a) providing an online space for conservative news, opinion, and activism; b) distributing information about S Mobile Wireless , products and services; c) providing an online method whereby individuals may use or place orders for such products and services; d) providing an online method whereby members may manage their S Mobile Wireless , accounts; and e) providing a , application for certain services.
We are constantly seeking to improve and enhance the Site and, unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms. You understand and agree that the Site is provided “AS-IS” and that S Mobile Wireless assumes no responsibility for the timeliness, deletion, delivery, or failure to store any user communications or personalization settings.
S Mobile Wireless reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any parts thereof) with or without notice, in S Mobile Wireless, sole discretion. You understand and agree that S Mobile Wireless shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Temporary interruptions of the services may occur as normal events.
To access the Site, you must have access to the Internet and related equipment or software, which is your responsibility to obtain at your own expense. You acknowledge that you are solely responsible for upgrading and configuring your systems to be, and remain, compatible with the Site. S Mobile Wireless has no control over third-party networks you may access during your use of the Site; therefore, delays and disruption of other network transmissions are completely beyond S Mobile Wireless, control.
Security
Whenever S Mobile Wireless manages information that you enter on our Site, regardless of where this occurs, we take steps to ensure that your information is treated securely and in accordance with the relevant Terms and Conditions, and Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, S Mobile Wireless cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we will make our best effort to ensure its security on our systems.
Some parts of the Site may require a username, account name, or password. You are responsible for maintaining the confidentiality of your account, including a username and password. You agree to accept responsibility for all activities that occur under your username, account, or password, and to notify S Mobile Wireless immediately if the confidentiality of your username, account or password is compromised. S Mobile Wireless will not be liable for any loss that you may incur as a result of someone else using your account or password. To protect the security of the Site and your account, we may terminate or suspend your account, change your username or password, request additional information before we authorize transactions on your account, or take other reasonable actions.
Permission to Call/Text
By signing up for our service through the Site or by opting into any of our optional offers, activism opportunities, or contact lists, you give express permission for us, or one of our service vendors, to contact you on your device. Message and data rates may apply if your device is not using S Mobile Wireless Service. Text “stop” to any promotional or list text to opt out of non-account-related SMS communications from us.
Use of the Site
S Mobile Wireless, grants you permission to access and use the Site and the text, graphics, software, images, designs, icons, features, functionality, video, and audio (collectively, the “Content”) for your personal, information, and shopping purposes only and under the conditions set out in these Terms.
The Content is protected by copyright under both United States and foreign laws and contains trademarks and other proprietary information. Title to the Content remains with S Mobile Wireless, or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of S Mobile Wireless, All rights not expressly granted herein are reserved to S Mobile Wireless, and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or using the Sites or Content. You may not modify, publish, transmit, display, reproduce, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
In consideration of your use of the Site, you agree to use the Site as intended by S Mobile Wireless, and to refrain from any misuse of the Site, or any other services or systems made available to you by S Mobile Wireless. Misuse of the Site includes, but is not limited to, any action that compromises the Site or the services, systems, or information contained therein. Additionally, you agree that you will not:
⦁ use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of them.
⦁ alter or modify the Site.
⦁ use the Site or its contents for any purpose that is unlawful or prohibited by these Terms.
⦁ resell any aspect of the Site or services available on it.
⦁ share, reproduce, duplicate, copy, sell, trade, exploit, or use the Site for any commercial use (other than the purchase of products and services offered for sale) without the prior written authorization of S Mobile Wireless.
⦁ bypass or circumvent measures we may use to prevent, interfere with, or limit access to the Site or any S Mobile Wireless, network.
⦁ use the Site to send altered, deceptive, or false source-identifying information.
⦁ use the Site to intercept, collect or store personal information about other users.
⦁ attempt to gain unauthorized access to any other user’s account, computer systems or networks associated with S Mobile Wireless, or the Site.
⦁ spam other users or take other actions that may affect the operation or enjoyment of the Site by other users.
⦁ access, monitor, or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process.
⦁ decompile, disassemble or reverse engineer any of the software or content used in any part of the Site or any S Mobile Wireless, network.
⦁ introduce or send any virus, Trojan horses, worms, logic bombs or use any malicious programs or techniques in connection with the Site.
⦁ impersonate or attempt to impersonate S Mobile Wireless, a S Mobile Wireless , employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
⦁ overload or crash the Site or any S Mobile Wireless, server or network.
⦁ attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
⦁ collect or harvest personally identifiable information.
⦁ use the website for commercial solicitation purposes.
⦁ post or transmit through the Site any material which (in S Mobile Wireless ,’s sole discretion) is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, otherwise violates any law, could be detrimental to S Mobile Wireless,, or provides support or resources to any organization designated by any government as a foreign terrorist organization;
⦁ engage in excessively high-volume data transfers or bandwidth use, including without limitation by hosting a web server, internet relay chat server or any other server via any use of the Site; or
⦁ infringe the copyrights or intellectual property rights of others.
You agree that S Mobile Wireless shall have the right, but not the obligation, to monitor the content of the Site and to remove any material that S Mobile Wireless, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable. Without limiting the foregoing, S Mobile Wireless, and its designers, shall have the right to remove any material that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any such material, including any reliance on the accuracy, completeness, or usefulness of such material. In this regard, you acknowledge that you may not rely on any material created or linked to by S Mobile Wireless, or submitted to S Mobile Wireless, It is your responsibility to evaluate the information and content available through the Sites.
S Mobile Wireless, grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of Site materials, but not caches or archives of such materials. S Mobile Wireless reserves the right to revoke these exceptions either generally or in specific cases.
Terms and Conditions
All sales of products and services on the Site are governed by the S Mobile Wireless, Terms and Conditions or other applicable terms to your plan or service. Please refer to the Terms and Conditions for the terms and conditions applicable to your purchase and use of products and services through the Site. By purchasing products or services through the Site, you agree to be bound by and accept the Terms and Conditions. The Terms and Conditions are subject to change at any time without notice, in S Mobile Wireless sole discretion; therefore, you should review the Terms and Conditions every time you make a purchase on the Site.
Privacy Policy
For information about how we collect, use, and share information related to your use of the Site or our services, please refer to our Privacy Policy.
Termination
S Mobile Wireless reserves the right to disable, terminate or restrict your use of the Site at any time, without notice, for any or no reason whatsoever. S Mobile Wireless reserves the right to determine, in its sole discretion, whether your engagement with the Site is appropriate and complies with these Terms. S Mobile Wireless may remove any materials you submit to the Site or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at S Mobile Wireless, sole discretion. Any rights you have in accessing the Site shall terminate upon the deactivation or termination of your account or the termination of these Terms with you.
User-Generated Content
The Site may have features that let you submit content or communicate with S Mobile Wireless, other users, and the public, such as email, posting comments, reviews or ratings, participating in chats or forums, and uploading files. Any questions, comments, suggestions, ideas, plans, notes, drawings, images, photographs, pictures, information, and other materials you submit via the Site are referred to here as “User-Generated Content.” You agree to only post, upload, submit, or request User-Generated Content that is appropriate and related to the purpose of the Site. By sharing User-Generated Content, you warrant and represent that you own or control all the rights necessary to use your User-Generated Content and grant the licenses and sublicenses to your User Generated Content as described in these Terms. By posting User-Generated Content that contain images, photographs, pictures or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, public display and reproduction of any Image. You are fully responsible for any damage or harm resulting from your User-Generated Content, and we assume no liability for User Generated Content posted or submitted by you or other users.
You must not post, upload, submit or request:
⦁ any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion.
⦁ any commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services).
⦁ any information you are prohibited from transmitting by contract or confidential relationship.
⦁ any material that exploits or harms minors (any person under the age of 18) in any way, intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors.
⦁ any material that could harm S Mobile Wireless business, reputation, employees,
subscribers, facilities, or any person.
⦁ any material that infringes, misuses, or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy.
⦁ content for which you were compensated or granted any consideration by any third party.
⦁ any material, including but not limited to email communication or content, which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable.
⦁ forged headers or otherwise manipulated identifiers to disguise the origin of any content, including but not limited to email commentary, transmitted through the Site.
⦁ any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
⦁ any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
⦁ content that would interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
⦁ content that references other websites, addresses, email addresses, contact information, or phone numbers; or
⦁ content that contains computer viruses, worms, or other potentially damaging computer programs or files.
Rights in User-Generated Content
For any User-Generated Content you post, upload, submit or request via the Site, you grant S Mobile Wireless, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to (i) use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, disclose and publicly display and perform your User-Generated Content for commercial purposes throughout the world in any media now known or hereafter developed; and (ii) publish the name that you submit in connection with your User-Generated Content, in S Mobile Wireless ,’s sole discretion. You agree that you have no recourse against S Mobile Wireless, for anyone’s infringement, misuse, or violation of any right you may have in your User-Generated Content, and you irrevocably waive any “moral rights” in your User-Generated Content. You also irrevocably agree that S Mobile Wireless can pursue claims against anyone who violates S Mobile Wireless rights in the User-Generated Content. You also acknowledge that we assume no responsibility for the deletion of, or failure to store or otherwise provide access to User-Generated Content submitted by you or others. No compensation will be paid with respect to the use of your User-Generated Content as provided in these Terms. By submitting your email address in connection with your User Generated Content, you agree that S Mobile Wireless, and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Feedback
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) you submit to us through the Site or otherwise will be considered nonconfidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as S Mobile Wireless, confidential information. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information, or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Third-Party Sites and Content
The Site may contain links to websites controlled or operated by persons and companies other than S Mobile Wireless,, Parties other than S Mobile Wireless, may display and make available content, data, services and products through the Site, or S Mobile Wireless, may link to, host, or operate websites as a service for retailers or our other partners (“Third-Party Sites”). You acknowledge that S Mobile Wireless, is not a publisher of, does not control or endorse, and is not responsible or liable for, any such Third-Party Sites or their content, we do not control Third-Party Sites and we are not responsible for their content, their privacy practices, or any other policies provided on those websites. Managers and hosts of interactive forums on the Site (e.g., blogs) are not authorized S Mobile Wireless, spokespersons, and their views do not necessarily reflect those of S Mobile Wireless.
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or merchants found on or through the Site, other than S Mobile Wireless, including payment and delivery of related goods or services or websites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or merchant. You agree that S Mobile Wireless shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or merchants on the Site.
Third-Party Applications
You acknowledge that your access and use of any third-party applications or software on our Site and third-party content (the “Third-Party Applications”) is at your discretion and risk, and S Mobile Wireless, has no liability to you arising from your use of the Third-Party Applications. S Mobile Wireless, hereby disclaims any representation, warranty, or guaranty regarding the Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-Party Applications, and you agree to indemnify and hold S Mobile Wireless, harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications.
Intellectual Property Rights
Except for User-Generated Content, the Site and its content, software, and services (together, “Materials”) are the property of S Mobile Wireless, and its suppliers and is protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.
Except as expressly authorized by S Mobile Wireless, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Site. Any use of materials on the Site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without S Mobile Wireless, prior written permission.
Trademarks and Service Marks
The trademarks, service marks, logos, designs, icons, graphics, product and service names, company names and other source identifiers displayed or presented on the Site are registered or unregistered trademarks of S Mobile Wireless, its suppliers or other third parties, and may not be copied, imitated, or used, in whole or in part, without prior written permission of S Mobile Wireless , or their relevant owners. Nothing contained in this Site may be construed as a grant of a license or right of use of any trademark displayed on this Site without the prior express written permission of S Mobile Wireless, or its relevant owner, by implication, estoppel, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, affiliation, sponsorship, approval, or recommendation by S Mobile Wireless,
Claims of Copyright Infringement/DMCA Notices
S Mobile Wireless, respects the Intellectual Property Rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.
If you believe that material available on the Site or residing on our system or network infringes a copyright of yours or a third party for whom you are authorized to act, please notify our Designated Agent by using the procedures described in the DMCA and below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our Designated Agent under the DMCA.
The notice must include the information as provided by the DMCA, 17 U.S.C. § 512(c)(3):
⦁ A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
⦁ Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
⦁ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit S Mobile Wireless, to locate the material.
⦁ Information sufficient to permit S Mobile Wireless, to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
⦁ A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
⦁ A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that material you have placed on S Mobile Wireless , system or network has been removed by mistake or as the result of an improper take down notice, you may send our Designated Agent, identified above, a “counter notification” containing the following information was provided by the DMCA, 17 U.S.C. § 512(g)(3):
⦁ Your physical or electronic signature.
⦁ Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
⦁ A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
⦁ Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which S Mobile Wireless , may be found, and you will accept service of process from the person who provided notification that led to the mistaken removal of your material or an agent of such person.
There are substantial penalties for sending false notices. It is S Mobile Wireless policy, in appropriate circumstances and in its sole judgment, to suspend or terminate the service of any subscriber, account holder, or user who is deemed to be a repeat or blatant infringer of copyrights.
Promotional Codes
From time to time, you may receive a promotional code provided by or on behalf of S Mobile Wireless, redeemable for certain promotions or offers (“Codes”). Such Codes have no cash value, are nontransferable and may have an expiration date, as well as other limitations and restrictions identified by a promotion. Codes may be found on or in product packaging, through the Internet and other digital promotions, on brochures, notices (electronic, online, TV, radio), or other materials. A Code may only be entered once unless otherwise expressly permitted by S Mobile Wireless, we are under no obligation to release, continue to release, honor, or maintain any Codes or maintain any services or features provided through Code redemption. S Mobile Wireless reserves the right to limit, modify, or discontinue services and features accessed by Codes for any reason even after such service/feature has been redeemed, at our discretion and without prior notice to you.
Pricing and Information
S Mobile Wireless does not warrant that the content on the Site is accurate, complete, or current. Despite our efforts, items on the Site may be mispriced and product and service descriptions may be inaccurate. S Mobile Wireless, reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.
Warranty Disclaimers
THE SITE AND ITS CONTENT IS PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND UNLESS AND TO THE EXTENT ANY WARRANTIES ARE EXPRESSLY INCLUDED IN THE ADDITIONAL TERMS FOR ANY SERVICE. S MOBILE WIRELESS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, S MOBILE WIRELESS, MAKES NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE SITE, SERVICES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT S MOBILE WIRELESS IS NOT LIABLE FOR INACCURATE CONTENT POSTED BY, OR THE DEFAMATORY, OBSCENE, OR UNLAWFUL CONDUCT OF, OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. S MOBILE WIRELESS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. S MOBILE WIRELESS, FURTHER MAKES NO WARRANTY THAT THE SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT THEY WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT S MOBILE WIRELESS, AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST S MOBILE WIRELESS, FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO CEASE YOUR USE OF THE SITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEN THE AGGREGATE LIABILITY OF THE COMPANY UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED
U.S. DOLLARS ($100.00).
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL S MOBILE WIRELESS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, OR THE DATA, CONTENT OR INFORMATION
ACCESSED VIA THE SITE OR ANY THIRD-PARTY SITE, OR ANY THIRD-PARTY APPLICATION, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN,
UNFORESEEN, OR FORESEEABLE, EVEN IF S MOBILE WIRELESS, HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE SITE SUBJECT TO
THESE TERMS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND
IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE TOTAL AGGREGATE LIABILITY OF S MOBILE WIRELESS, WITH REGARD TO YOUR USE OF THE SITE TO WHICH THESE TERMS APPLY, SHALL NOT EXCEED FIVE U.S. DOLLARS ($5.00).
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, S Mobile wireless liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless S Mobile Wireless ,, its affiliates, subsidiaries, licensors and services provides and such parties’ officers, directors, employees, agents, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties, liabilities, judgments, awards, expenses, fees or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (I) your violation of these Terms, the S Mobile Wireless , Terms and Conditions or other applicable terms to your plan or service; (ii) your use of the Site and/or any content from the Site; (iii) any User-Generated Content you supply; or (iv) your violation of any law or the rights of a third party.
Governing Law
These Terms are governed by and construed under the laws of the state of Texas, except to the extent that such law or laws is preempted by or inconsistent with applicable Federal law. This section survives termination of these Terms.
Dispute Resolution by Mandatory, Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
In the unlikely event that S Mobile Wireless , that a dispute arises between S Mobile Wireless , and you, and if S Mobile Wireless , has not been able to resolve the dispute informally, we each agree to resolve disputes or claims through either binding arbitration, small claims court, your state’s Public Service Commission or an appropriate federal or state governmental agency instead of courts of general jurisdiction. You maintain your right to file a complaint with your state’s Public Service Commission regarding the Site and these Terms. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”). Judgment on the award may be entered in any court with jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement
S Mobile Wireless, and you agree to resolve all disputes and claims between us through either arbitration or the filing of a complaint with your state’s Public Service Commission or an appropriate federal or state governmental agency. This Agreement to arbitrate is intended to be broadly interpreted. The term “disputes,” as used in this Agreement, includes, but is not limited to:
⦁ all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (including but not limited to claims under the Telephone Consumer Protection Act, and other federal and state statutes).
⦁ claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising).
⦁ claims that are currently the subject of class action litigation in which you are not a member of a certified class; and
⦁ claims that may arise after the termination of this Agreement.
References to “S Mobile Wireless,” and “us” include our respective subsidiaries, affiliates, representatives, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services or devices under these Terms or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this Agreement, you, and S Mobile Wireless, are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the FAA governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
The FAA applies to these Terms and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to S Mobile Wireless, should be addressed to S Mobile Wireless, LLC, C/O CFO, 1527 W. State Hwy 114, Suite 500 PMB 297, Grapevine, TX 76051 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If S Mobile Wireless, and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or S Mobile Wireless, may commence arbitration proceedings. During the arbitration, the amount of any settlement offer made by S Mobile Wireless, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or S Mobile Wireless, is entitled (“Award”).
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-7787879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless S Mobile Wireless, and you agree otherwise, any arbitration hearings will take place in Tarrant County, Texas. If your claim is for $10,000.00 or less, we agree that you and we will jointly choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by AAA Rules. If your claim exceeds $10,000.00, the right to a hearing will be determined by AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the Award is based. Except as otherwise provided for herein, the party filing the claim will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the Notice requirements above. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will continue to be your obligation. Additionally, you agree to reimburse S Mobile Wireless for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000.00 in damages, the AAA Rules will govern the payment of these fees.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an Award, then S Mobile Wireless, will:
⦁ pay you the amount of the Award.
⦁ reimburse you the AAA filing fee, administration fee, and arbitrator fees for any arbitration associated with your claim in arbitration; and
⦁ pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney accrues for investigating, preparing, and pursuing your claim in arbitration (“Attorney Premium”).
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, the Award, and Attorney Premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The right to attorneys’ fees and expenses discussed in the paragraph above supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you are entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND S MOBILE WIRELESS, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and S Mobile Wireless agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceedings. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be invalid.
Notwithstanding any provision in this Agreement to the contrary, we agree that if S Mobile Wireless , makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service, you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting any such future change to this provision, you agree that you will arbitrate any dispute between us in accordance with the language of this provision.
Electronic Communications
When you visit or use the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from S Mobile Wireless, electronically. You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.
Revisions of Terms of Use
We may change these Terms without advance notice. Please visit this page periodically to see the most current Terms that govern your use.
Severability
If any part of these Terms is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms will continue in full force and effect. S Mobile Wireless failure to enforce strict performance of any part of these Terms does not waive any of our rights. S Mobile Wireless may assign its rights and duties under these Terms to any party at any time.
No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and S Mobile Wireless because of these Terms. You may not assign these Terms without the prior written consent of S Mobile Wireless, in all instances. S Mobile Wireless, may assign these Terms, in whole or in part, at any time. S Mobile Wireless ,’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of S Mobile Wireless ,’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by S Mobile Wireless , with respect to such use.
Entire Agreement
Other than as may be set forth in these Terms, S Mobile Wireless , Terms and Conditions, any other terms that may apply to your plan or service, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and S Mobile Wireless , with respect to the Site, and supersede all prior and contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company related thereto. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
S Mobile Wireless, Contact Information
You may contact us using the methods described on the Contact Us page at: Contact Us - S Mobile Wireless