TERMS AND CONDITIONS
- (a) You accept the Agreement through an oral or electronic statement;
- (b) You attempt to or in any way use a Service;
- (c) You pay for a Service;
- (d) You open any package or start any program that says you are accepting the Agreement by doing so.
If you do not want the Agreement to begin, do not do any of these things. Term Commitments: Some of the lines of Services we offer (for example, relating to rate plans or Device discounts) require you to continue such Services with us for NO term commitment. Your Term Commitment will continue month-to-month. Early Termination Fee: If the customer decides to terminate services it has to be done 30 days prior to next billing cycle or customer will be charged for that monthly service. You are not responsible for paying an Early Termination Fee when terminating a Service: (a) which is provided on a month-to-month basis after the initial service agreement has been rendered; (b) consistent with our Money Back Guarantee Return Policy (described below) in effect on the date of, and applicable to, your purchase; (c) in response to a materially adverse change, we make to the Agreement as described herein. Termination of Recurring Charges: Termination of voice and data plan subscriptions will be processed as follows:
- Monthly and quarterly subscriptions will terminate at the end of the billing period in effect at the time of cancellation.
- Annual subscriptions will be terminated at the end of the anniversary date. Customers will be contacted in order to either renew or discontinue service. If the Customer terminates service during the subscription year the account will be assessed a $99.00 early termination fee.
Money Back Guarantee Return Policy: If you purchase your device from Adiant Mobile, by phone, off our website and/or any selling platforms (i.e. Amazon, Ebay, etc.) and if you decide to return your device within the 30 calendar days from your date of receipt of the Device (the “Money Back Return Period”), then, subject to your compliance with the terms and conditions of this Section, you will receive 100% of your original purchase price for the Device. During the Money Back Period, your return may be for any reason. To be eligible for a refund, a Device must be in substantially new condition, and the return must be post-marked (or otherwise delivered to the relevant carrier or received by us) by the 14th day after the date of your receipt of the Device. Refunds will NOT be issued for Devices that have been damaged or altered in any way, including by affixing adhesive or other items to the Device. For all returns, including returns within the Money Back Period, you will be responsible for the shipping costs back to our office. Refunds will be issued for the purchase price of the Device only; refunds will not be issued for activation fees, original shipping fees, or any other fees or costs whatsoever. Our Right to Interrupt or Terminate Your Service: We may interrupt or terminate a Service without notice:
- (1) for any conduct that we believe violates this Agreement;
- (2) if you exceed an Account Usage Limit (“AUL”);
- (3) if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives;
- (4) if we discover that you are underage;
- (5) if you fail to make all required payments when due;
- (6) if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that (i) is harmful to, interferes with, or may adversely affect our provision of the Service (ii) interferes with the use or enjoyment of Services received by others, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or offensive material, (v) constitutes a security risk or a violation of privacy;
- (7) if you provided inaccurate credit information;
- (8) if we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit;
- (9) if you modify a Device from its manufacturer specifications or alter it in any way that mechanically is not intended by this Agreement, such as unauthorized removal of the SIM card;
- (10) if we believe the action protects our interests or any customer’s interests. If we terminate a Service for any of the above reasons, and you are then subject to a Term Commitment, you must pay us an Early Termination Fee and a Device Fee (if applicable).
You’re Right to Terminate a Service: You can terminate a Service at any time by calling us and requesting that we deactivate your Service. You are responsible for all charges billed or incurred prior to deactivation. If a Service is terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Service. Except as provided above, you may be required to pay us an Early Termination Fee for each applicable line of Service that you terminate, and a Device Fee, if applicable. Agreement and Your Associated Rights: We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding a Service at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates or administrative charges) either in your monthly bill or separately. If we increase the price of any of the Services which you have availed, beyond the limits set forth in your Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the email address that you have identified to us at the time of purchase, as amended by you from time to time, or otherwise). In response to our changes to the Agreement as described above, you may terminate this Agreement as it a replies to a Service without paying an Early Termination Fee only if you: (a) call us within 30 days after the date you are notified of the change; and (b) specifically advise us that you wish to cancel a Service because of a material change to the Agreement. If you do not cancel Service within the 30-day period, an Early Termination Fee will apply if you later terminate such Service before the end of any applicable Term Commitment. Credit Checks and Credit Information: We agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies. You agree to provide information we may request or to complete any applications we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services, or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse. Account Usage Limits: (“AUL”) An AUL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud or criminal activity) we place on the amount of unpaid voice or text/SMS charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count towards an AUL. If you have an AUL, we may suspend your Services without prior notice if your account balance reaches the AUL, even if your account is not past due. We may impose or increase an AUL at any time with notice. An AUL is for our benefit only and should not be relied on by you to manage usage. Deposits and Returning Deposits: We may at any time require a deposit, as a guarantee or partial guarantee of payment, for you to establish or maintain a Service (“Deposit”). By providing us a Deposit, you grant us a security interest in the Deposit for all current or future amounts owed to us. We may change the Deposit at any time with notice. You may not use a Deposit to make or delay payments. The Deposit, the length of time we hold the Deposit, and changes to the Deposit are determined based on your credit history, payment history, and other factors. Unless prohibited by law, we may mix Deposits with our other funds. Deposits will not earn interest and we reserve the right to return the Deposit as a credit on your invoice at any time. If your Service is terminated for any reason, we may keep and apply your Deposit to any outstanding charges. We will send any remaining portion of the Deposit to your last known address within 90 days after your final invoice; if such mailing is returned to us, we will forward it on to the appropriate state authorities to the extent required by law. You’re Device Number: Your Device is designed exclusively for use on our network and in other coverage areas that we make available to you. Except for any legal right you may have to port/transfer your Device number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number. Warranty: Subject to the exclusions contained below, Adiant Mobile warrants its Devices and accessories (“Products”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy and applies as follows only to new devices and/or new accessories purchased.
- (1) Term. The Products shall be covered under this warranty for a period of one year from the date of your purchase regardless of when the products are actually received by you.
- (2) Exclusions.
The following are excluded from coverage under this warranty:
- Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage;
- Ornamental Decorations. Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage;
- Batteries. Only batteries where a fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this limited warranty;
- Abuse & Misuse.
Defects or damage that result from: (i) improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse; (ii) contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; (iii) use of the device or accessories for commercial purposes or subjecting the device or accessory to abnormal usage or conditions; or (iv) other acts which are not the fault of the MX-LOCare GPS Watch, are excluded from coverage;
- Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than MX-LOCare GPS Watch, or its authorized service centers, are excluded from coverage;
- Altered Products.
Devices or accessories with (i) serial numbers or date tags that have been removed, altered or obliterated; (ii) broken seals or that show evidence of tampering; (iii) mismatched board serial numbers; (iv) nonconforming or non-MX-LOCare GPS Watch housings, antennas, or parts, are excluded from coverage; g. Communication Services. Defects, damages, or the failure of products and Services due to any communication service or signal you may avail to or use with the products and Services is excluded from coverage.
- (3) Transferability. This warranty extends only to the first consumer purchaser and is not transferable.
- (4) Actions. MX-LOCare GPS Watch, at its option, will at no charge repair, replace or refund the purchase price of any Product that does not conform to this warranty. We may use functionally equivalent reconditioned/ refurbished/pre-owned or new products, accessories or parts. No data, software or applications added to the device or accessories, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a back- up prior to requesting service.
- (5) How to obtain warranty service. To obtain warranty service, please contact Adiant Mobile Customer Service at (877) 980 4477 x3 or firstname.lastname@example.org.
- (6) Limited Products Warranty.
- “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated. This includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
- If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided us when you sign up for our Services, and notice to us will be sent to the Company’s mailing address set forth on the Company’s website. Each of us agrees to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the dispute to formal arbitration.
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
- Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the Agreement will also apply during the arbitration.
- We each agree not to pursue arbitration on a class wide basis. Unless both you and we agree otherwise, any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim), and the arbitrator may not consolidate more than one person’s claims nor otherwise preside over any form of a representative or class proceeding. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Dispute Resolution provision during the provision of a Service to you, you may reject any such change by sending us written notice within 30 days of the change to our headquarters office as set forth on the “Contact Us” page of our website at www.adiantmobile.com. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Exceptions to Our Agreement to Arbitrate Disputes: Either of us may bring qualifying claims in small claims court in Fairfax County, State of Virginia. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf. No Class Actions: TO THE EXTENT ALLOWED BY LAW, EACH OF US WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. No Trial by Jury: TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. Other Important Terms: Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of Virginia, without regard to the conflicts of law rules of that state. If either of us waives or does not enforce a requirement under this Agreement, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The Agreement as defined herein makes up the entire agreement between us and supersedes any prior written or spoken agreements. You cannot rely on any contradictory statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class acti on, no jury trial), survive termination of Services. Assignment: Adiant Mobile may assign the rights to this contract to third parties at our sole discretion without input or consent from you. Contacting Us: If you have any questions concerning this Customer Agreement, please contact us by telephone at (877) 980 4477, or by mail addressed to, 6017 Pine Ridge Road, Suite 306, Naples, FL 34119.