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This Agreement governs the sale and delivery of wireless services ("Service" or "Services") to you by RentalPhoneUnlimit. This Agreement is between you (the user of Services) and us. Certain other laws may also govern our provision of Services to you and such laws are incorporated in their entirety by reference into this Agreement as if set forth in this Agreement.
IMPORTANT: READ THIS AGREEMENT CAREFULLY. IT REQUIRES THE USE OF INDIVIDUAL BINDING ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES. BINDING ARBITRATION IS MORE INFORMAL THAN LITIGATION BECAUSE IT USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND ALLOWS FOR LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.
IF YOU ARE A CUSTOMER, TO USE THE SERVICE, YOU AGREE TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL APPLICABLE LAWS. BY USING THE SERVICE, YOU ARE INDICATING YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE OF THIS AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INITIATE SERVICE.
Nature of Services. The Services are provided via service plans in which, in certain circumstances, you do not pay metered "per minute" charges for service. In an effort to offer this service on a reliable basis at a reasonable cost, you agree that, RentalPhoneUnlimit, solely within its own discretion and without incurring any liability, may discontinue providing service to you, change the services provided to you, discontinue your account, or discontinue providing connections to particular telephone numbers, countries, destinations, providers, or types of services used or called by you, that, in the sole discretion of RentalPhoneUnlimit , appear likely to generate abnormally high call volumes, abnormally long average call lengths, calls with abnormally high costs, or other disproportionate use when compared to those of other customers of RentalPhoneUnlimit. By initiating service and placing calls or by use of any other service, you acknowledge and agree to RentalPhoneUnlimit's ability to modify or terminate your Service under these circumstances.
Scope of Service. Service is limited to the operating range, spectrum, and capacity of the wireless system in your service area. Your service area is limited to the area depicted in the coverage area map as found on the site, RentalPhoneUnlimit.com. RentalPhoneUnlimit reserves the right and you agree that RentalPhoneUnlimit may change the scope and area of the coverage area map as found on the site, RentalPhoneUnlimit.com from time to time. You will not be able to use your wireless phone outside of your service area for any calls, including local, long distance and international calls. Further, since services outside Main SVC Area are provided by third parties, not all services may work outside your service area. Service depends on over-the-air radio transmissions. Many factors beyond our control affect your ability to make and receive calls on your wireless phone and the quality of those calls including, but not limited to, your location, the conditions of the atmosphere, terrain, nearby buildings and other structures, network capacity issues, system outages or failure of equipment to operate as expected, spectrum used, a problem that occurs with service we purchase from someone else, system upgrades, performance of maintenance work, accidents or other events outside of our control. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be unavailable, interrupted or may fail, and the quality of calls may sometimes be poor. RentalPhoneUnlimit takes no responsibility for service interruptions or problems caused by factors beyond our control.
YOU AGREE TO HOLD RENTALPHONEUNLIMIT HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR OTHER CAUSES OF ACTION (INCLUDING ACTIONS BY THIRD PARTIES) ARISING OUT OF THE USE OR ATTEMPTED USE OF THE SERVICE.
When you initiate Service with RentalPhoneUnlimit , you should receive your invoice and, this Agreement. Your Invoice identifies the rate and any applicable surcharges or other fees. The rate plan to which you subscribe when you initiate Service will remain in effect for the term of your Service.
Charges. You are responsible for paying all charges and costs by the time you receive this Agreement.
Terms of Service. You agree to use the Service in accordance with this Agreement and to comply with all applicable laws. You agree to indemnify, defend, and hold harmless RentalPhoneUnlimit from any violation by you of the terms and conditions of this Agreement or of any applicable statutes, ordinances, laws or regulations of any local, state, or federal authority.
RentalPhoneUnlimit may deny a request for Service from you for any reason. RentalPhoneUnlimit also reserves the right to cease serving you, without incurring liability, if you are not acting in accordance with the terms of this Agreement, to disconnect calls that are not in accordance with the terms and conditions of this Agreement, and to cease providing service to telephone numbers or categories of services that are inconsistent with the terms and conditions of this Agreement and the nature of the Service.
Always use your telephone in a safe manner that does not create a risk to your safety or the safety of others around you. It can be dangerous, and in some jurisdictions illegal, for you to use a wireless phone or our Service while driving. It is your responsibility to comply with laws that apply to you when you are driving.
REFUND POLICY. AMOUNTS PAID FOR SERVICE CHARGES ARE NON-REFUNDABLE
DISCLAIMER OF WARRANTY: WIRELESS PHONES AND RELATED EQUIPMENT. TOUCHBASECELLUAR DOES NOT MANUFACTURE WIRELESS PHONES OR RELATED ACCESSORY EQUIPMENT. YOUR WIRELESS PHONE AND RELATED ACCESSORY EQUIPMENT COME WITH A SEPARATE WRITTEN WARRANTY FROM THE MANUFACTURER. RENTALPHONEUNLIMIT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT YOUR WIRELESS PHONE OR ANY RELATED ACCESSORY EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RENTALPHONEUNLIMIT BE LIABLE FOR ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, TREBLE, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) ARISING FROM THE MANUFACTURE OR WARRANTY OF THE WIRELESS PHONE OR RELATED ACCESSORY EQUIPMENT. THIS DISCLAIMER DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER. WITHOUT LIMITATION, RENTALPHONEUNLIMIT WILL NOT BE LIABLE TO YOU IN CONNECTION WITH (1) THE MANUFACTURER'S WARRANTY, (2) ANY ACTIONS OR OMISSIONS OF THE MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF THE WIRELESS PHONE OR RELATED ACCESSORY EQUIPMENT.
DISCLAIMER OF WARRANTY: SERVICES. RENTALPHONEUNLIMIT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICE. RENTALPHONEUNLIMIT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU). YOU ACKNOWLEDGE THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME AND AGREE TO HOLD RENTALPHONEUNLIMIT HARMLESS FOR ALL SUCH INTERRUPTIONS. IN NO EVENT SHALL RENTALPHONEUNLIMIT BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE SERVICE OR THIS AGREEMENT.
Risk of Loss or Damage to Wireless Phones. Upon your acceptance of delivery of your wireless phone, all risk of loss, damage, theft, or destruction of your phone is borne by you. In the event of any loss, damage, theft, or destruction of your phone, in whole or in part, you are responsible for as described on the agreement.
GOVERNING LAW The laws of Texas shall govern this Agreement.
Customer Service. If you have any questions regarding your Service or information in this Agreement, you may call our activation center at 1-972-280-9595
