Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.
You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new T&Cs.
1. Acceptance. YOUR AGREEMENT WITH Ucall STARTS WHEN YOU ACCEPT. You represent that you are at least eighteen (18) years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service purchased from Ucall; (e) or a Ucall authorized dealer, or any other Ucall MO authorized retailer (“Dealer”).
2. Dispute Resolution and Arbitration. Ucall AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, DEVICES OR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. This includes any claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, Dealers or third party vendors) whenever you also assert claims against us in the same proceeding. Our Company and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 22). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
2.1 For all disputes, you must first give us an opportunity to resolve your claim by notifying us with a timely and specific description of the issue(s) including any & all supporting documentation of your claim to the address set forth herein. Ucall and you each agree to negotiate your claim in good faith. If, Ucall and you are unable to resolve the claim within sixty (60) days after Ucall receives your claim’s description and supporting documentation, you may pursue your claim in arbitration.
2.2 The American Arbitration Association (“AAA”) will arbitrate all disputes. Upon requesting of any arbitration demand, Ucall and you will share equally all filing, administration and arbitrator fees for claims.
2.3 CLASS ACTION WAIVER. Ucall AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Ucall
WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE T&Cs OR ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES OR MODIFICATIONS ON THE EARLIER OF WHEN WE (i) POST THEM ON OUR INTERNET WEBSITE, OR (ii) SEND THEM TO YOU (ELECTRONICALLY OR OTHERWISE). BECAUSE THESE T&Cs ARE SUBJECT TO CHANGE AT ANY TIME, YOU SHOULD ALWAYS CHECK OUR WEBSITE FOR THE MOST CURRENT VERSION. IF WE CHANGE THE SERVICE FEE APPLICABLE TO YOUR SERVICE PLAN, YOU WILL HAVE 5 DAYS FROM THE DATE WE POST OR NOTIFY YOU OF THE REVISED SERVICE FEE TO TERMINATE YOUR SERVICE PLAN BY (i) contacting our customer service department at email@example.com, (ii) calling (347) 266-0000, or (iii) managing your account preferences on the Ucall website. IF YOU FAIL TO CANCEL YOUR SERVICE PLAN WITHIN THE 5 DAY PERIOD, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RATE INCREASE. ANY INCREASE IN TAXES, REGULATORY FEES OR ASSESSMENTS WILL NOT BE CONSIDERED AN INCREASE IN ANY SERVICE FEE AND WILL NOT ENTITLE YOU TO EXERCISE THE FOREGOING CANCELLATION RIGHT.
3. Compatible Devices. You must use a supported, compatible Device to access the Ucall network. Only certain phones and tablet computers are supported Devices. Ucall will provide you with a list of supported Devices upon your request. Modems, bypass, gateways, automated relay devices and any other Devices used for commercial or re-direction purposes are not supported Devices and violate our Acceptable Use Policy. Failure to use a supported, compatible Device when accessing our network will result in immediate termination of your Service.
4. Service Availability. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.
5. Important Emergency and 911 Information and Emergency Alerts. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Ucall is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier(s) may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us as your primary use location (“Primary Address”), or any other information necessary. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and neither Ucall nor its network supplier(s) determine the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you are porting a phone number to Ucall it is your obligation and responsibility to make certain that all information forwarded from the port-out carrier is accurate and complete. If you dial 9-1- 1 while outside the U.S., 9-1-1 services may not be available.
6. Service Plans.
6.1 General. Your Service will operate only after you have purchased and redeemed an Ucall Service plan. Please visit our website at www.ucallmobile.com for the latest information regarding our Service plans.
6.2 Charges. You agree to pay all charges we bill you or that were accepted or processed through your Device or on such other Devices connected with your account and as designated in your Service plan.
6.3 Voice Usage. Ucall Service plans include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network provider begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up) and the network disconnects.
6.4 Data Usage and Messaging. Ucall Service plans include a data plan (“Data Plan”) as part of your Service. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. For all Ucall Service plans, 1 gigabyte of data is equivalent to 1,000 megabytes. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. All data purchased with a Ucall Service plan (both data that comes with a particular Ucall Service plan and any additional data you purchase as an add-on), will expire immediately upon termination of your Ucall Service plan for any reason.
6.5 Permissible and Prohibited Uses. Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device. And subject to our Acceptable Use Policy.
6.6 Data Usage Level. Ucall has set a 30-day 4G data usage level (“Usage Level”) for each of its Service plans. For purposes of these T&Cs, “4G” means minimum data speeds equal to the lesser of (i) an average of 1.0 mbps over a 30-day service term, or (ii) the average network speed in your market over a 30-day service term as dictated by Ucall network supplier (over which Ucall has no control). Our network supplier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable 30-day period (“Usage Total”), exceeds the 30-day 4G Usage Level for the Service plan you selected. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as network overhead. For example, if you request that an image be downloaded to your Device, but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you purchased a Service plan that includes a finite amount of data in a 30-day Service period, your data will be suspended once you reach the 30-day data limit and reset upon the commencement of the following 30-day Service period. If you purchased a Service plan that includes unlimited data and you exceed your Service plan’s 30-day Usage Level, Ucall will reduce the speed at which you can send and receive data over the Ucall’s network until the end of the applicable 30-day period. The initial reduction in your data speed depends upon your Service plan and can be found in our FAQs. If you continue to send and/or receive a substantial amount of data (as determined by the Ucall in its sole discretion) after our initial reduction of your data speed, we may further reduce your data speed to 128 kbps. Once you begin a new 30-day period in your Service plan, your Service plan Usage Level will be reset and your upload and download speeds will be restored. For example, if a customer purchases a Service plan that includes unlimited data service, but only includes up to 1 gigabyte of high speed data at 4G speeds during a given 30-day period, then the first gigabyte of data requested by that customer in that 30-day period will be provided at up to 4G speeds (subject to 4G network availability and the actual network speeds of Ucall’s network supplier). Any data uploaded or downloaded by that customer in excess of 1 gigabyte will be provided at reduced speeds not lower than 128 kbps. Please be aware that your Usage Level is much more likely to exceed your Service plan’s 30-day Usage Level if you use streaming video, or if you download significant quantities of music files, movies, software applications, or engage in other high- bandwidth activities.
6.7 Protective Measures. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan which may result in an increased cost. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services, if applicable. Additionally, we may implement other network management practices, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology, if applicable. Streaming video optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on your Device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by us on the basis of such competition. Streaming video optimization technology is automatically applied to Service plans based on the applicable data upload and download speed option chosen by the customer, if such options are available.
6.8 Wi-Fi Features. Ucall, at its sole discretion, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling). If offered by Ucall, Wi-Fi Calling will only be available for Ucall customers that (i) have a Wi- Fi capable Device with Ucall’s supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card, and (iv) are connected to functioning third-party internet service. Not all services available on Ucall’s supplier’s network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than traditional 9-1-1 (see our complete 9-1-1 disclosure posted on our website at www.ucallmobile.com/911-disclosure). For example, 9-1-1 may not work during power or internet outages or disruptions, or if internet or your Service is suspended. Location information when using Wi-Fi Calling may be limited or unavailable. Neither Ucall nor its network supplier(s) are responsible and/or liable for anything related to your use of or inability to use any Wi-Fi Calling MADE AVAILABLE TO you, including, without limitation, any failure of emergency calls (whether 9-1-1 calls or otherwise). Wi-Fi Calling may decrement Service plan minutes. Most devices will not transition between Wi-Fi and the wireless network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the device.
6.11 Roaming. Your Device may connect to another provider’s network (“Roaming”) even when you are within the Ucall coverage area. Check your Device to determine if you are Roaming. There may be extra charges (including long distance, tolls, data usage) and higher rates for Roaming usage, and your quality and availability of service may vary significantly. Our Roaming charges and rates are subject to change at any time and any such changes are effective forty-five (45) days after the posting of same to the Ucall website. Please check our web site frequently so that you are aware of our Roaming charges and rates and any changes thereto.
7. Regulatory Recovery Fee. The Regulatory Recovery Fee is assessed to help recover Ucall’s costs to comply with various federal and state programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay Service Programs, (ii) Federal Universal Service Fund Program, (iii) international, federal, state, municipal, local and/or other governmental franchise, excise, public utility and other telecommunications taxes, fees and charges now in force or enacted in the future, and (iv) other regulatory reporting and compliance obligations imposed upon Ucall in connection with providing the Service. For all Ucall Service plans the Regulatory Recovery Fee is calculated as a flat per transaction fee of $0.50 for service charges of $10.00 or less, and $1.00 for service charges of $10.01 or more. Although added to the overall charge, the Regulatory Recovery Fee is separate from the cost of Service and the Regulatory Recovery Fee shall not result in the purchase of any additional Service time.
7.1 Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is designed to recover Ucall’s contribution to the Federal Universal Service Fund program. The Universal Service Administrative Company (“USAC”) establishes a quarterly contribution factor, and Ucall charges its customers the then- applicable rate charged to Ucall by USAC.
7.2 State Universal Service Fund Fees. The State Universal Service Fund Fee is designed to recover Ucall contribution to various state universal service fund programs. Certain state agencies establish a quarterly, semi-annual or annual contribution factor, and Ucall may choose to charge its customers to recoup the state universal service fund fees charged to Ucall.
7.3 Sales and Use Taxes. Sales and use taxes are assessed to allow Ucall to recover the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for Ucall Service.
7.4 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase Ucall Service may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly invoice.
8. Notices and Customer Communications.
8.1 Receipt of Communications. You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your Device, or physical or electronic address you provide to us. Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us, and/or three (3) days after mailing to your billing address if applicable.
8.2 Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls or text messages at the telephone number associated with your Service. We may place such calls or texts to (i) provide notices regarding your account or account activity, and/or investigate or prevent suspected fraud. You agree that we and/or our service providers may contact you using autodialed or prerecorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number with third parties for their own purposes without your consent. Standard telephone minute(s) and text charges may apply.
8.3 Revocation of Consent. You do not have to consent to receive autodialed or prerecorded message calls or texts in order to use Ucall Service. Where Ucall is required to obtain your consent for such communications, you may choose to revoke your consent by any reasonable means, including by (i) contacting our customer service department at firstname.lastname@example.org, (ii) calling (347) 266-0000, (iii) writing to: Ucall at: 41-40 Kissena Blvd. Suite #2, Flushing, New York, 11355, Attn: Customer Service. (iv) managing your account preferences on the Ucall’s website. Written notices from you to us are considered delivered when you send an email or three (3) days after mailing to the address above.
9. Lost or Stolen Devices.
9.1 You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Service plan charges, and applicable Taxes and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred and applicable Taxes and Surcharges. We may prevent a lost or stolen Device from registering on any network.
9.2 Misuse of Service or Device. By activating or renewing Service with Ucall you agree that you do so because you want Service from Ucall and not for any other purposes. Ucall Service plans may only be used for the following purposes (and your use of our Service must be initiated from your supported and compatible Device: (i) voice calls between two individuals; (b) text and picture messaging; and (iii) Internet browsing and ordinary content downloads. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) using the Service for continuous, mobile to mobile or mobile to landline voice calls; (e) using the Service for automated text or picture messaging to another mobile device or email address; (f) uploading, downloading or streaming of continuous video or audio; (g) tampering with or modifying your Ucall Device; (h) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (i) reselling Ucall Devices for profit, or tampering with, reprogramming or altering Ucall Devices for the purpose of reselling the Ucall’s. Device; (j) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, voice or SMS relay, or peer-to-peer (P2P) file-sharing; (k) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Ucall’s or another entity’s network or systems; (l) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a Service plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); (m) using the Service to relay voice calls or text and picture messages not originated from the Device; or (n) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. Voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, relay services, interconnection to other networks, telemarketing activity, autodialed calls or ‘robo calls’.
10. Our Rights to Limit or End Service or the Agreement.
10.1 WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service or Device as described in Section 14 above; (e) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 10XXX, 0+/0-, chat services, 900 or 976 calls), in our sole discretion and without notice.
10.2 Ucall reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect its supplier’s network from harm or to protect itself from financial or other harm due to any cause including, without limitation, the excessive and/or unauthorized use of Ucall Service. Ucall reserves the right to limit throughput or the amount of data transferred and to deny or terminate Service to anyone Ucall believes is using their Service in an unauthorized manner or whose usage, in Ucall’s sole discretion, adversely impacts its supplier’s network or customer service levels. Ucall will presume you are engaging in an unauthorized use in violation of these T&Cs, if in Ucall sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to Ucall’s suppliers network or service levels or to Ucall’s financial or other interests. If we determine, in our sole discretion, that you are using your Service in violation of these T&Cs or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your Service, decline to renew your Service, or offer you a different Service plan without an unlimited usage component which may result in an increased cost to you.
10.3 Ucall may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of Ucall: (i) appears likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Ucall customers; or (ii) may be harmful or disruptive to, or interfere with, Ucall supplier’s network, Ucall’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to Ucall’s right to terminate your Service under these circumstances.
10.4 If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.
11. Refund Policy
11.1 Refund Policy. If you have purchased one of our 30-day Service plans and we terminate or suspend your Service for any reason specified in Section 15.1 or otherwise, you will not receive any refund of amounts paid to us in connection with such Service plan. If you have purchased one of our pre-paid, multi-month Service plans and we suspend or terminate your Service for any reason specified herein or otherwise, we will refund a pro rata portion of your Service fee for any then-remaining 30-day Service period(s) within your Service plan, not including the 30-day Service period in which we suspend or terminate your Service.
11.2 Device Refunds and Restocking Fees. For Ucall-provided Devices, SIM Kits and accessory returns and exchanges, see the applicable return policy, which is available in the Device, SIM Kit or accessory box or packaging. Some Ucall-provided Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Devices offered to Ucall customers, if any, will comply with the FCC’s regulations concerning hearing aid compatibility.
11.3 No Future Service. In the event Ucall terminates your Service for any reason specified herein, we reserve the right to prohibit you from using any Ucall Service plan in the future by blocking your device from our network; prohibiting you from using a new Ucall Service account that you purchase, or through other means.
12. Intellectual Property
12. 1 Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Ucall or any third party. Except for a limited license to use the Services, your purchase of Services and Ucall Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Ucall or others related to the Services and Ucall’s. Devices; this intellectual property may be used only with Ucall’s Service unless expressly authorized by Ucall. You agree that a violation of this section harms Ucall, which cannot be fully redressed by money damages, and that Ucall shall be entitled to seek immediate injunctive relief in addition to all other remedies available.
13. Disclaimer of Warranties. EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.
14. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
15. Indemnification. You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.
16. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in herein, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between Ucall and you and defines all of the rights you have with respect to your Service or Ucall Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Ucall is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion.
17. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
If you have any questions concerning these Terms and Conditions, please feel let us know.