Términos del servicio
Last updated: 10/8/2024
TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS A BINDING CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 9. BELOW THAT IS APPLICABLE TO YOU AND US.
This Agreement governs:
(1) the provision of the Services by Unity Wireless LLC (“Unity Wireless,” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services and Devices; and
(2) your use of our website located at https://unitywireless.com/ (the “Site”).
As used in this Agreement, the term: (A) “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services, devices or products provided to you by Unity Wireless, including prepaid wireless service; (B) “Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by Unity Wireless or that you activate or use with our Services; and (C) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services. The complete Agreement between you and Unity Wireless consists of:
· these Terms and Conditions (“Terms and Conditions”), including the binding jury and class action waivers;
· any additional terms of service associated with your selected Service Plan;
· the Unity Wireless Privacy Policy;
· the Unity Wireless Acceptable Use Policy; and
· any other policies or documents incorporated herein or therein by reference.
To the extent that any provision or clause in these Terms and Conditions conflicts with any provision or clause of our more specific policies or a specific service plan offer, the terms of those specific documents will govern.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations related to the Services and Devices we provide to you, and your use of the Site, regardless of whether you purchase Services or Devices from us. These Terms and Conditions: (1) require the dispute resolution on an individual basis, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) to the fullest extent permitted by applicable law, reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on the Unity Wireless website, which you should check regularly for updates.
THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU: with respect to the Services, initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services; (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature; and with respect provisions governing use of the Site, during such usage. This Agreement continues until we or you terminate your Services. You must be 18 years or older to enter into this Agreement. When you accept these Terms of Service, you represent that you are at least 18 years of age; that you meet the eligibility standards for Unity Wireless’s Services; and if you are accepting these Terms or ordering a Service on behalf of a company or other entity, that you have all necessary authority to bind such company or entity to this Agreement. If you disagree with any of the terms or conditions stated herein or you are not 18 years of age, otherwise not eligible or do not have authority to bind any entity that will receive Service hereunder, do not initiate Services with Unity Wireless, or contact Unity Wireless Customer Service immediately to terminate your Services by dialing 611 from your Unity Wireless Device or calling toll-free at 1-800-701-9262. We may deny requests to subscribe to our Services for any lawful reason.
1. Affordable Connectivity Program
2. Service Plans and "Top Up" Plans
2.1 Service Plans
2.2 "Top up" Plans
2.3 Talk, Text, and Data Allotments
2.4 Use of Voice Allotments
2.5 Use of Data Allotments
3. Wireless Devices
3.1 Device Options
3.2 Returns and Refunds
3.3 Loss, Theft, Damage, or Destruction
3.4 Software Updates
3.5 Device Software, Content, and Applications
3.6 Unauthorized Modifications
3.7 Device Unlocking Policy
4. Unity Wireless Property Rights
5. Charges and Payments
5.1 Charges, Fees, and Taxes
5.2 Billing and Payment
5.3 Creditworthiness
5.4 Promotions and Rewards
5.5 Third-Party Purchases
6. Service Features, Limitations, and Notices
6.1 Account Access
6.2 International Calling and Messaging
6.3 Wireless Coverage
6.4 Service Availability and Quality
6.5 Service Security and Optimization
6.6 Wireless Device Location Information
6.7 911 and Other Emergency Services
6.8 Third-Party Content and Applications
6.9 Phone Numbers and Porting
6.10 Site Use
7. Termination, Suspension, Modification, and Limitations of Your Services
8. Warranties, Liabilities, and Indemnification
8.1 Warranty Disclaimer
8.2 Limitation of Liabilities
8.3 Indemnification
9.1 Pre-Trial Dispute Resolution
9.2 CLASS ACTION WAIVER
9.3 JURY TRIAL WAIVER
9.4 Governing Law, Venue and Jurisdiction
9.5 Registered Agent Information
10. Miscellaneous
10.1 Severability
10.2 Survivability
10.3 Consent to Receive Communications
10.4 Modifications to this Agreement
10.5 Notices
10.6 No Third-Party Beneficiaries
10.7 Assignment
10.8 Force Majeure
10.9 Enforcement and Waiver
10.10Headings
10.11Language
10.12Integration
11. Customer Service Contact Information
1. Affordable Connectivity Program
The Affordable Connectivity Program (ACP) was a federal program that offered eligible households a discount of up to $30 per month toward internet service and up to $75 per month for households on qualifying Tribal Lands. Eligible households could also receive a one-time discount of up to $100 toward the purchase of a laptop, desktop computer, or tablet from participating internet companies if the household contributed more than $10 and less than $50 toward the purchase price. Due to a lack of additional funding from Congress, the ACP ran out of funds and has ended for now, effective June 1, 2024. As a result, all ACP households will no longer receive the ACP discount. From and after June 1, 2024, former ACP customers who continue to subscribe to our Services are subject to the rates set forth in their applicable service plan. If you formerly received ACP-discounted Services from us and would like to investigate alternative Service plans, please contact Customer Support at support@unitywireless.com.
If Congress provides more funding for the ACP, the FCC will then share further guidance. Visit the FCC’s website at www.fcc.gov/acp for future ACP updates should Congress provide additional funding.
Subscribers with complaints related to Unity Wireless’s ACP services are encouraged to reach out to us at the contact information in Section 11 of these Terms. You may also file a complaint via the FCC’s Consumer Complaint Center available at: https://consumercomplaints.fcc.gov/hc/en-us.
2. Service Plans and "Top Up" Plans
2.1. Service Plans
Except as otherwise described in this Agreement, you must be enrolled in a Service Plan to utilize our Services. Wireless Service Plan descriptions, including rates and associated talk, text, and data allotments (collectively, “Allotments”), are available on the Unity Wireless website at https://prepaid.unitywireless.com/. Service Plan availability, rates, and Allotments may vary by state and are subject to change at any time. You may not be eligible for certain Service Plans or rates. Service Plans that include allocations of voice minutes include caller ID, voicemail, call waiting, and 3-way calling. Service Plans are non-refundable, cannot be transferred to any third party (including another Unity Wireless account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Unity Wireless may, from time to time, provide refunds in its sole discretion. New subscribers select a service plan upon enrollment, and existing subscribers can contact customer service to change their service plan by dialing 611 from their Unity Wireless Device or calling 1-800-701-9262 toll-free. Service Plan changes are usually effective at the start of the next monthly service renewal date.
2.2. "Top up" Plans
Unity Wireless wireless subscribers can purchase “Top up” Plans to receive allotments, talk, text, and data by calling Unity Wireless Customer Services by dialing 1-800-701-9262 or 611 from your Unity Wireless wireless device. “Top up” Plans, including rates and associated talk, text, and data allotments, are available on the Unity Wireless website at https://prepaid.unitywireless.com/. “Top up” Plan availability, rates, and Allotments may vary by state and are subject to change at any time. “Top up” Plans are non-refundable, cannot be transferred to any third party (including another Unity Wireless account or customer), and may not be exchanged or resold. Notwithstanding the foregoing, Unity Wireless may, from time to time, provide refunds in its sole discretion.
2.3. Talk, Text, and Data Allotments
Talk, text, and data allotments have no cash value, are non-refundable, cannot be transferred to any third party (including another Unity Wireless account or customer), and may not be exchanged, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused Allotments. Notwithstanding the foregoing, Unity Wireless may, from time to time, provide refunds in its sole discretion. If you use your full talk, text, or data allotment before the start of a new monthly cycle, the Service associated that allotment with be suspended for the remainder of the monthly cycle unless your Service Plan permits you to purchase, and you in fact purchase, Top Up Allotments for the remainder of the cycle, except that you will be able to continue contacting emergency services by dialing 911 and Unity Wireless Customer Services by dialing 1-800-701-9262 or 611. Suspensions may occur while you are engaged in calls, text communications, or data usage, in which case Unity Wireless is not responsible for any costs, losses, or damages caused by such interruptions, including to reestablish communications. You may check your allotment balances at any time free of charge by dialing 611 from your Unity Wireless Device or calling 1-800-701-9262. You are responsible for all usage of Allotments regardless of who uses or possesses your Device and whether the Device is used with your consent or knowledge. Unused Service Plan Allotments, including Top Up Allotments, expire on the last day of your monthly cycle and will not carry over to the next monthly cycle unless specifically provided for by the Service Plan.
2.4. Use of Voice Allotments
All incoming and outgoing voice calls on your Device, regardless of whether the call is on the network of our Underlying Carrier or roaming, use talk minute allotments, including calls to toll-free numbers but excluding 911 emergency calls, Unity Wireless Customer Service Calls to 611 and 1-800-701-9262, and other calls specified herein. Call time is measured in one-minute increments, with a minimum time per call of one (1) minute. Partial minutes of use are rounded up to the next full minute at the end of each call. Unity Wireless does not allow free calls to other Unity Wireless subscribers. Outgoing calls begin the moment you initiate a call, and incoming calls begin when the caller's signal connection is established with our facilities. Calls end after you or the other party terminates the call, but not until we receive a signal that the call has disconnected. The call length information displayed on your device may not be accurate when calculating the use of voice allotments. For simultaneous calls (incoming call, waiting calls, and 3-way calls), talk minutes may be deducted for each call. Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call transfers. Calls that begin during one monthly cycle and end in another monthly cycle are generally deducted from talk allotments from the starting monthly cycle. No credit or refund is given for dropped calls.
2.5. Use of Data Allotments
All data usage that occurs through your wireless Device (except for data usage that occurs when your Device is connected to Wi-Fi provided by a third party) will be deducted from your data allotment, including all active and passive usage, regardless of who initiates the usage, and whether or not the data transmissions are successful. All data usage is calculated in full-kilobyte increments and actual usage is rounded up to the next full-kilobyte increment at the end of each data session. Data usage may occur whenever your Device is connected to the network of our Underlying Carrier or roaming and transmitting data, including, but not limited to: (a) sending, receiving, or downloading any type of content, including emails, documents, files, pictures, MMS or SMS messages, and any other content, (b) accessing websites, (c) downloading and using applications, (d) streaming content, or (e) requesting software updates. Data usage may also occur from normal operation of software used by the network and/or your Device, including (i) for access, transport, and routing of data on the network of our Underlying Carrier, (ii) from partial or interrupted downloads and resend requests caused by network errors or when you cancel or attempt to cancel a transmission, and (iii) from unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that come pre-installed on your Device regularly send and receive data transmissions when your Device is powered on to function properly without you affirmatively initiating transmissions. For example, applications that provide real-time information, location-based services, or synchronization with cloud services frequently or continually send and receive updated information so that it is available to you when you want to access it. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, and any messages or content that are initiated in response to an advertisement use data. Based on several factors (e.g., the specific application, network performance, etc.), data usage may vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. To prevent unintended data usage, you should connect your Device to third-party-provided Wi-Fi when available and supported by your Device, or power off your Device when it is not in use.
3. Wireless Devices
3.1 Device Options
Upon enrolling in Unity Wireless’s Service, Unity Wireless will provide you with a free SIM that you can use with a wireless Device you purchase from us or with your own wireless Device. Device models offered by Unity Wireless are selected at our sole discretion and comply with the FCC’s requirements for devices. If purchased from us, your Unity Wireless Device can only be used with our Services and cannot be activated by or used on the network of any other wireless service provider, subject to Unity Wireless’s device unlocking policy set forth in section 3.7. below. Unity Wireless reserves the right to substitute or replace any Device provided by Unity Wireless with another Unity Wireless Device of comparable quality at any time. Devices provided by Unity Wireless will be delivered to you in person or to your home address. Unity Wireless Devices may not be purchased in bulk or sold to third parties. If you provide your own Device, you are responsible for ensuring your Device is unlocked, compatible with, and does not interfere with our Services or the network of our Underlying Carrier and complies with all applicable laws, rules, regulations, and standards. Additionally, your Device cannot be reported as lost or stolen or associated with fraudulent activity. You are responsible for the maintenance of your Device and the purchase and maintenance of any additional hardware or software necessary to use your Device with our Services. We reserve the right to reject or decline Service to any Device that does not meet the foregoing requirements. Not all Services are available with all Devices, on all networks, or at all times, and we do not guarantee the availability of all Services on all Devices. Some functions and features referenced in the manufacturer’s manual for your Device may not be available when using your Device with Unity Wireless’s services, whether the Device is provided by Unity Wireless or you.
3.2 Returns and Refunds
Devices purchased directly from Unity Wireless may be returned for a full refund within 14 calendar days of purchase with the original receipt. Devices must be returned in their original package and with all original components, including, but not limited to the: handset, box, charger, battery, battery cover, manuals, and accessories. All items must be undamaged and in like-new condition, including free from cracks, scratches, liquid damage, or any other damage, and free from engravings or attachments that alter the original out-of-box appearance. Refunds will not be issued for Device returns that are missing components or damaged. Unity Wireless will also issue a refund for defective devices, as determined by us at our sole discretion, if they are returned within 14 calendar days. Prior to returning a Device, erase all personal data and disable or remove all security features. Please get in touch with Unity Wireless at 611 or 1-800-701-9262 for instructions. Unity Wireless is not responsible for lost or mishandled returns. If you ship a Device return, we recommend that you obtain a tracking number. Unity Wireless does not exchange Devices. If an exchange is necessary, you must follow the instructions for returning the Device and purchasing a new one. SIM cards are not eligible for returns and/or refunds.
Unity Wireless does not manufacture any Devices or equipment you may use with the Services, including Devices we may provide or sell to you. We are not liable for any defects, acts, or omissions of the manufacturers. Your Device’s manufacturer may provide you with a warranty directly, or we may pass through from the manufacturer to you, in our discretion and to the extent permitted by the manufacturer. If your Device becomes defective after the standard 14-day return policy, you must contact the manufacturer directly for any warranty options.
3.3 Loss, Theft, Damage, and Destruction
Upon accepting a Device from us, all risk of loss, theft, damage, or destruction of your Device or its accessories, whether provided by us or by you, is borne by you. Unity Wireless is not responsible for, nor will we issue refunds for, any lost, stolen, damaged, or destroyed phones or accessories. In the event your Device is lost, stolen, damaged, or destroyed, you may purchase a replacement Device from Unity Wireless at your own expense. If a Device provided by Unity Wireless is lost, stolen, damaged, or destroyed while in transit to you and before delivery, we may replace the Device at our sole discretion. When you activate a replacement Device, we will apply any remaining Allotments associated with your monthly Service Plan. If your Device is lost or stolen, you are responsible for any usage of your Allotments or charges incurred using your Device until you report the loss or theft to us by contacting Unity Wireless Customer Service at 1-800-701-9262. Upon receiving notice of a lost or stolen Device, Unity Wireless will take immediate steps to suspend the Services. If you do not activate a replacement Device or fail to notify Unity Wireless that you have found a lost or stolen Device within thirty days (30) days, we may cancel your subscription to Unity Wireless Services and reassign the number associated with your account to another user. If your Services are canceled or if you choose to terminate your Services following the loss, theft, damage, or destruction of your Device, we will not prorate charges to the date of the cancelation or termination, and you will not receive a credit or refund for any unused Allotments. You agree to cooperate and act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device (e.g., by providing facts, sworn statements, or other information that would help the investigation). Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges.
3.4 Software Updates
Unity Wireless may, from time-to-time remotely check, update or change your Device’s software, applications, or programming, including your Device’s electronic SIM card, without notice, to address security, safety, or other issues that may impact your service, our Underlying Carrier’s network, or your Device. These changes may result in the following: data use; modification of your Device; alteration or erasure of data stored on your Device; or changes to how you have programmed your Device or how you are able to use your Device. Unity Wireless is not responsible for lost data or functionality. While your Device is receiving a software update, whether by our action or yours, you may be unable to use your Device in any manner until the software update is complete, including contacting 911 or other emergency services.
3.5 Device Software, Content, and Applications
Unity Wireless may offer software, content, and applications (“Applications”), which you may choose to download from Unity Wireless or third-party sources or that may come preinstalled on your Device. These may be branded as Unity Wireless Applications, even though created or owned by third-party companies. By using your device, you consent to having any such applications preinstalled on your device, and you understand that you will generally have the right to delete or disable any such applications at any time. These Applications are licensed, not sold, to you by Unity Wireless and/or its licensors/suppliers for personal, lawful, non-commercial use solely in connection with your use of your Unity Wireless Device with our Services. You may be subject to additional license terms between you and the third-party creator or owner of such Applications. You acknowledge Unity Wireless or its licensors/suppliers are the intended third-party beneficiaries of these licenses. Your use of these Applications must comply with their intended purposes, the license, this Agreement, any applicable licensor terms, and all applicable laws. Except as may otherwise be stated in any terms provided by the licensor of such Application, You may only make such copies as is reasonably necessary for your personal, non-commercial use. You may not (and you agree not to enable others to) otherwise copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat, or circumvent protective and other digital rights management mechanisms, combine, or create derivative works of the Applications or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer, sublicense, broadcast, or cause public performance of the Applications or any portion thereof. You agree that the applications contain proprietary information owned by Unity Wireless, its licensors/suppliers, and/or the creator/owner. Unity Wireless and its licensors/suppliers reserve the right to update, modify, delete, suspend or terminate access to, or impose limits on the use or access of the Applications at any time, without notice. Without limitation, the warranty disclaimer, limitation of liability, and indemnification provisions found in this Agreement apply to these Applications.
3.6 Unauthorized Modifications
Except as provided in sections 3.5 and 3.7., you are not permitted to unlock, re-flash, tamper with, or otherwise alter the hardware or software on your Unity Wireless Device for any purpose. Your Unity Wireless Device may have a software programming lock that protects certain of the handset’s operating parameters against unauthorized reprogramming.
3.7 Device Unlocking Policy
Subject to certain limitations, Unity Wireless complies with the CTIA Consumer Code regarding the ability of our current and former subscribers and individual owners to request that we unlock eligible Unity Wireless Devices that are locked by or at the direction of Unity Wireless. Specifically, Unity Wireless adheres to the following principles:
· Disclosure. Unity Wireless has posted this clear, concise, and readily accessible policy regarding postpaid and prepaid mobile wireless Device unlocking on its website.
· Prepaid Unlocking Policy. Unity Wireless will, upon request, unlock prepaid Devices no later than one year after initial activation, for subscribers that are in full compliance with our Terms and Conditions.
· Unlocking Policy. Unity Wireless will, upon request, unlock Devices used to access Unity Wireless’s services no later than one year after initial activation, for subscribers that are in full compliance with our Terms and Conditions.
· Notice. Unity Wireless will clearly notify customers that their Devices are eligible for unlocking at the time when their Devices are eligible for unlocking or automatically unlock Devices remotely when Devices are eligible for unlocking without an additional fee. Unity Wireless reserves the right to charge non-customers/non-former customers with a reasonable fee for unlocking requests. Notice to prepaid customers may occur at point of sale, at the time of eligibility, or through a clear and concise statement of policy on the Unity Wireless website.
· Response Time. Unity Wireless will, within two days of receiving an unlocking request, do one of the following: (i) unlock or provide information to facilitate the unlocking of an eligible phone; (ii) initiate a request to the original equipment manufacturer to unlock a Device; (iii) explain to the requesting customer why the phone is ineligible for unlocking; or (iv) offer a reasonable explanation as to why Unity Wireless needs more time to process the unlocking request.
· Deployed Personnel Unlocking Policy. For deployed military personnel who are in full compliance with the Unity Wireless Terms and Conditions, we will unlock Devices upon receiving a valid copy of deployment papers.
"Unlocking” refers only to the disabling of software that prevents a Device from being used on another carrier’s network, even if that network is technologically compatible. It does not pertain to hardware changes and does not guarantee that a Unity Wireless Device will be compatible with any particular carrier’s network or that all functionality of the Device can be enabled on any other network. Devices that work on Unity Wireless’s Underlying Carrier network may not work with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access. Unity Wireless’ unlocking of a Device will not limit your obligations (including payment obligations) under your Service Plan or these Terms of Service, unless and until you cancel your Service as provided for in your Service Plan or herein.
As a reseller of wireless service, Unity Wireless’s unlocking policy may be subject to limitations imposed by its Underlying Carrier. Additionally, Unity Wireless may deny a Device unlocking request if, in our sole discretion, we have a reasonable basis to believe that the request is an effort to defraud the company or its subscribers or that the Device is stolen.
4. Unity Wireless Property Rights.
The Services, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, trade dress, copyrights, photographs, audio, videos, and music, and all other elements of the “look and feel” of the Site (the “Unity Wireless Content”), and all intellectual property rights related thereto, are the exclusive property of Unity Wireless and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Unity Wireless Content. Use of the Unity Wireless Content for any purpose not expressly permitted by these Terms is strictly prohibited.
5. Charges and Payments
5.1 Charges, Fees, and Taxes
You are responsible for paying all one-time and recurring charges that result from your commercial relationship with Unity Wireless and from the use of our Services, whether accrued by you or by another person using your Device or Services, including, but not limited to: (i) one time or recurring Service Plan charges; (ii) Top Up Plan charges; (iii) Device purchase, upgrade, and replacement charges; (iv) activation, reconnection, prepayment, and other administrative or customer service charges or fees; (v) returned and late payment charges or fees; (vi) roaming, network, and other surcharges; (vii) optional feature charges, such as operator and directory assistance, toll and collect calls, voicemail, and call forwarding, if applicable; and (viii) all required or applicable federal, state, and local taxes, surcharges, fees, and any other regulatory or governmental assessments. We do not assess early termination fees. Taxes, fees, and surcharges may vary depending on the billing address associated with your account and may vary from month-to-month based on our or the government’s calculations. We may, but are not obligated to, provide notice of such variances. Advertised rates may not include federal, state, and local taxes, fees, surcharges, and other assessments. All charges, fees, and taxes, once paid, are non-refundable.
5.2 Billing and Payment
You may access your monthly invoice on our website. You will receive your bill electronically on a monthly basis. You must prepay the balance due before receiving the Allotment specified in your service plan. If you do not prepay, we may suspend your Service.
You are responsible for reviewing your bills to ensure that all charges are accurate. Unity Wireless bills will distinguish (a) charges collected and retained by the carrier, including charges for Service Plans, “Top up” Plans, and features, from (b) taxes, surcharges, fees, and any other regulatory or governmental assessments collected by us and remitted to federal, state, or local governments. Cost recovery fees and charges will not be labeled as taxes. You agree to pay for all prepaid charges immediately when billed and all postpaid charges on or before your payment due date or monthly expiration date using a credit or debit card or other valid payment method. You must promptly notify us of any change in your billing address or payment method.
For prepayments: We may require you to keep valid and current credit card information or other payment information on file with us. If we attempt to charge your credit card or any other payment account for a charge and the credit card company or other financial institution withholds or declines such payment because there is an insufficient balance or the charge has been disputed (a “Chargeback”), we reserve the right to suspend or terminate your access to our Service until the payment is processed or the Chargeback is reversed.
By providing payment information and accepting this agreement or using the Service, you authorize us or our payment service provider to charge your payment method in advance for prepaid payments to ensure that payments are received by any due date. You may cancel the automatic renewal of your Service Plan at any time. We will not, except in our sole discretion, refund, prorate, or credit any charges, fees, or taxes, including if you modify or terminate your service before or have remaining Allotments at the end of your monthly cycle. If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 9.
5.3 Creditworthiness
Unity Wireless does not condition the provision of Services on a subscriber’s credit rating, credit history, or other method of determining creditworthiness. Unity Wireless does not provide subscriber payment history and other account billing and charge information to any credit reporting agency or industry clearinghouse. No deposits are held or required as a condition of receiving Services nor do we have any preset account spending limits.
5.4 Promotions and Rewards
Unity Wireless may, from time to time, provide you with promotional credits, promotional offers, or loyalty rewards (collectively, “Promotions and Rewards”). Promotional credits are typically courtesy account credits due to service issues, device issues, or customer inconveniences. Promotional offers are typically plan, device, and pricing offers that are available for a limited time or when you meet certain conditions. Loyalty rewards are typically rewards for being a Unity Wireless customer. Promotions and rewards are offered at Unity Wireless' sole discretion. Promotions and Rewards can only be claimed and redeemed by accountholders and will only be associated with the account of the customer who was offered the Promotions and Rewards. Promotions and Rewards may not be sold or transferred to another Unity Wireless account or to any other person. Promotions and Rewards have no fixed or cash value or equivalent and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If your Unity Wireless Services are terminated for any reason, any Promotions and Rewards offered to you or associated with your account are forfeited. If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem Promotions and Rewards. Promotions and Rewards are not your property and Unity Wireless may, in its sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate them at any time, with or without notice. Promotions and Rewards may not be available to all subscribers in all locations or combinable with other Promotions and Rewards. Promotions and Rewards may be subject to additional terms and conditions as described to you when offered to you.
5.5 Third-Party Purchases
Devices associated with your Services may be used to purchase content, information, applications, and other goods and services from third parties, including in-app purchases (collectively, “Third-Party Purchases”). On occasion, we may link to other providers, vendors, products or services on the Site, from which you may make Third-Party Purchases. You are solely responsible for all charges resulting from Third-Party Purchases and are presumed to have provided the consent and representations required for those purchases regardless of whether the purchases were made by you or someone using a Device associated with your account, including consent for the use and disclosure of your account information to provision and bill for the purchases, consent to use location information to deliver the purchases to the Device, and representations of age for the person using the Device when a purchase is made. If you cancel or attempt to cancel a download or purchase that is in progress, or if a download or purchase is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions associated with the purchase. Unity Wireless will not be liable in any manner for any Third Party Services or the charges therefor. If you believe your Services were used fraudulently to make purchases, you must notify us immediately and provide us with such documentation and information as we may request (including affidavits and police reports) as evidence of the fraudulent use. After you notify us, we will attempt to help you prevent the fraud by terminating existing Services if possible and practicable, but you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage and charges. Unity Wireless makes no representations or warranties (expressed or implied), and to the fullest extent permitted by law expressly disclaims all such warranties, including for merchantability or fitness for a particular purpose, of Third-Party Purchases nor are we responsible for proper download, installation, functionality, or security of Third-Party Purchases. Unity Wireless’ making access to third party products or services via the Services, any Device or the Site shall not be construed as an endorsement of such third-party products or services by Unity Wireless.
6. Service Features, Limitations, and Notices
6.1 Account Access
You can access your subscriber account information by contacting Unity Wireless Customer Service and providing necessary authentication information. You will only be able to access Customer Proprietary Network Information (“CPNI”), as defined by the FCC, see 47 CFR § 64.2003, by providing a password associated with your account. If you are not able to provide a password, Unity Wireless can only disclose your CPNI by sending it to your address of record or by calling you at your telephone number of record. We may, but are not obligated to, allow you to authorize other individuals to access your account. If you authorize another person to access your account or provide such person with your authentication information, those individuals may be permitted to make changes to your account. You authorize us to provide information about and make changes to your account, including changes to your Service Plan and features, upon the direction of any person able to provide your authentication information. Those changes will be binding on you, and Unity Wireless will take no responsibility for them. To protect the security of your CPNI, your password should be unique and complex. You should not provide your account authentication information, including your password, to third parties, and such information should be stored safely to prevent third-party access. If you believe your account authentication information was disclosed or accessed by an unauthorized person, we advise you to change the information immediately.
6.2 International Calling and Messaging
Unity Wireless wireless talk and text allotments can only be used for domestic calls and text messages. At this time, international calls and text messages are not included with our Service Plans or “Top up” Plans.
6.3 Wireless Coverage
The availability of Unity Wireless wireless Services is subject to the geographic coverage area of our Underlying Carrier and its roaming partners. Only domestic U.S. coverage is available; we do not offer international coverage. Coverage is not available everywhere in the domestic U.S., and you will not have access to our Services outside the coverage area. A coverage map reflecting the approximate geographic coverage area of our Underlying Carrier and its roaming partners can be accessed from our website, at www.unitywireless.com/. Areas without coverage are shown as gaps. Coverage maps are generated using generally accepted methodologies and standards but are only approximations of actual coverage. There may be locations within the estimated coverage area where actual coverage is limited, and you may experience interruptions or reductions in service quality, including interference from buildings and other structures, terrain, and foliage. Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control, as described in Section 6.4. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times, or without interruption. Unity Wireless does not guarantee or warrant the coverage of the network of our Underlying Carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, subscribers should dial 911 from the nearest landline phone. Coverage maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier and its roaming partners.
6.4 Service Availability and Quality
In addition to factors that affect coverage, Service availability and quality may be subject to “Service Limitations,” which may depend on whether you are using wireless or landline Services. Service may be temporarily refused, interrupted, curtailed or limited due to a variety of factors, including, but not limited to: weather and atmospheric conditions; terrain; or other natural or artificial conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency. Service may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission network. Once identified, Unity Wireless takes reasonable steps to attempt to remedy Service Limitations that are within its control. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by Unity Wireless, its Underlying Carrier, or interconnecting carries. Unity Wireless will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. You acknowledge that the Services are provided through the nationwide wireless network of the Underlying Carrier of our choosing and may be subject to the service availability and quality of our Underlying Carrier. All Service is provided on an ”as available,” “reasonable efforts” basis. We do not represent, guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations. Notwithstanding the foregoing, if your Services experiences Service Limitations for 24 or more continuous hours by a cause within our control, and you notify Unity Wireless at 1-800-701-9262 within seven (7) days of the Service Issue, we may, in our sole discretion and on a case-by-case basis, issue you a credit.
6.5 Service Security and Optimization
Unity Wireless or our Underlying Carrier may, but are not obligated to, take any action we deem necessary to: (1) address security threats and otherwise protect the networks, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the networks, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their subscribers and third parties; and (4) otherwise ensure the activities of some users do not impair the ability of Unity Wireless or our Underlying Carrier to provide their subscribers with access to reliable Services provided at reasonable costs. Such actions may include, but are not limited to:
· discontinuing, blocking, or terminating certain categories of Services;
· restricting, reducing, or limiting the amount of usage of the Services;
· limiting data throughput speeds or quantities;
· reducing the size of data transfers;
· limiting, disabling, or preventing access to particular features;
· blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;
· limiting the provision of Services at certain times or in certain areas, including due to changes in coverage of our Underlying Carrier or changes in roaming agreements;
· filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware (we do not guarantee that you will not receive and we are not liable for such calls, text, or transmissions; if you are receiving unwanted telemarketing messages, contact the source and unsubscribe or remove your mobile phone number from the service);
· blocking calls to you at your request or to other called parties at their request;
· blocking or otherwise preventing access to third-party services or other premium services, features, or content that would generate additional fees or charges billed to Unity Wireless, either directly or through your account as a result of your use of or access to the service, feature, or content;
· blocking hacking and other attempts for unauthorized access, and
· blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy, including uses that result in abnormally long calls, high costs, or high usage.
Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. Nonetheless, neither Unity Wireless nor the Underlying Carrier can guarantee the security of wireless transmissions or will be liable for any lack of security relating to the use of the Service.
6.6 Wireless Device Location Information
Your wireless Device may be location enabled, which means the location of your Device can be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology when your device is turned on. Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy. Additionally, your location information may be used by 911 and other emergency services, as described in Section 6.7. Your location information may be unavailable if your Device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Section 6.3. and 6.4. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location. You may be able to configure the settings on your Device or in third-party services to restrict or disable the sharing of your location information. It is your responsibility to notify individuals who may use your Device that it may be location-enabled.
6.7 911 and Other Emergency Services
Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services. Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call. Even when location information is transmitted from your wireless Device to a dispatcher, the information may not be accurate. If you attempt to make an emergency call from your wireless Device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone. Unity Wireless does not guarantee that your location information will be transmitted to emergency dispatchers, that any location information that is transmitted will be accurate or that the Public Safety Answering Point or other emergency call taker will be able to receive location information. Nor does Unity Wireless guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
For data-only plans: Your data-only plan does not allow you to contact 911 or other emergency services. Please use a non-data-only line or a landline phone to contact 911 or other emergency services. Unity Wireless does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate, nor does Unity Wireless guarantee that you will be able to contact emergency services in areas where there is limited or no wireless coverage.
6.8 Third-Party Content and Applications
Devices may be used to access and disseminate third-party content and applications through the Services. Some content and applications may: (i) harm your Device or its software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors. When you access, download, install, or use third-party content and applications, you may voluntarily or involuntarily provide information to third-party content and application providers. You are solely responsible for evaluating the third-party content and applications accessed while using the Device and Services. By allowing a minor to use the Device and Services, you are consenting to the minor being able to access any third-party content and applications available through the Services and provide information to the third-party content and application providers; we strongly recommend that you monitor the third-party content and applications accessed by minors using the Device and Services. Unity Wireless does not control and is not responsible for any third-party content and applications accessed or disseminated using the Device or Services. We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain third-party content and applications. Unity Wireless is not a publisher of third-party content and applications. When you access, download, install, or use third-party content and applications, you are subject to the terms and conditions and privacy policies of those third-party content and applications. You may review our Privacy Policy. to learn how you may provide information to third-party content and applications. For assistance with third-party content and applications, contact the third-party developers or owners directly.
6.9 Phone Numbers and Porting
You must accept the phone number we assign to you at the time you subscribe to Unity Wireless’s Services. We reserve the right to change your mobile phone number at any time, but we will attempt to notify you prior to any such change. You can switch your number to another Unity Wireless Device at no additional charge. Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you, your Device, or your account. We do not guarantee that numbers ported to or from Unity Wireless will be successful. To request to port a phone number to or from Unity Wireless, please contact Unity Wireless Customer Service by dialing 611 from your Unity Wireless Device or calling toll-free at 1-800-701-9262. Before you call to port a number to Unity Wireless, please have a bill from your existing wireless or wireline provider available. Unity Wireless may require written authorization from you to port a number to or from Unity Wireless. When you port a number to Unity Wireless from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; Unity Wireless will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain a new device to use our Services after you port a number to Unity Wireless, and you may be without Services until the new device is configured. If you authorize another carrier to port a number from Unity Wireless, we will consider that a request by you to terminate all of your Services with us that are associated with that number and the termination will occur on the date the number is ported. Notwithstanding our honoring port requests, any balance due will still be owed to us by you. If your Services are terminated for any reason and you do not port your number to another provider, we may reassign the phone number you were using to another subscriber without notice. You will not be able to transfer any unused talk, text, or data allotments on your Unity Wireless account to your new provider, and after the porting is completed, you will no longer be able to use our Services with that number. Under no circumstance will we refund you for any Allotments or account payments if you port out your number. If you port your phone number to or from Unity Wireless, some Services, such as 911 location services, may not be immediately available through Unity Wireless or the other carrier while the port is being processed.
6.10 Site Use
The Site is provided on an “as is” basis. Unity Wireless makes no representation, warranty or commitment of any kind with respect to the completeness or accuracy of any information on the Site or any other website linked on the Site, or the availability of the Site. Unity Wireless makes no guarantee that its Site and/or content or services will be operational with your computer, browser, hardware, or software. You may download, view, print, and copy the content on the Site and other downloadable items displayed on the Site for personal use only, provided that you maintain, to the extent reasonably practicable, all copyright and other notices contained therein. Unity Wireless may, in its sole and absolute discretion, change, suspend, or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. Unity Wireless may also impose limits on certain features and services available on the Site or restrict your access to parts or all of the Site without notice or liability. Your use of the Site is subject to our Privacy Policy.
7. Termination, Suspension, Modification, and Limitations of Your Services
Either party may terminate this Agreement, at any time on advance notice to the other party with or without cause. Additionally, Unity Wireless may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Services if:
· we know or suspect you or someone using your Device or Services violated or attempted to violate this Agreement, the Acceptable Use Policy, or any other Unity Wireless policies or terms and conditions, including the terms and conditions of your Service Plan;
· we know or suspect you used or attempted to use false or fraudulent means to obtain our Services;
· we know or suspect you violated or attempted to violate any applicable laws or regulations;
· we know or suspect that you have committed a criminal or harmful act against Unity Wireless or any of our employees or agents;
· we know or suspect you are using our Services for fraudulent purposes;
· we know or suspect you have engaged in improper, illegal, or unauthorized use of your Unity Wireless Device;
· your payment is returned unpaid, you fail to make all required payments when due, any payment is past due, or we reasonably believe there has been fraudulent payment activity in connection with your Services;
· you provide inaccurate or misleading credit information, your credit has deteriorated, you become insolvent or bankrupt, or we otherwise believe that there is a risk of non-payment;
· your actions expose Unity Wireless to sanctions, prosecution, civil action, or other liability;
· your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our Underlying Carrier;
· your actions interfere with another subscriber’s ability to use the Services;
· your actions otherwise present an imminent risk of harm to Unity Wireless or its subscribers.
· we discover you are under 18 years old and therefore incapable of contracting for goods and services;
· you threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or your Device;
· we are ordered to do so by any federal or state government entity;
· a condition immediately dangerous or hazardous to life, physical safety, or property exists;
· we cease to provide Services in your area or
· for any other operational or governmental reason
We may terminate or suspend talk, text, and data services individually or collectively. Upon termination, any unused Allotments will expire, and you will not receive a refund. Additionally, upon termination, Unity Wireless may reassign the phone number you were using to another subscriber without notice. Limitations of your Services may include any method discussed in Section 6.5. We may modify your Services by changing your Service Plan or features. We are not liable for any harms that may result from termination, suspension, modification, and limitations of your Services and you will not receive a refund or credit from Unity Wireless for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations.
You can request that we terminate your Services by contacting Customer Service by dialing 611 from your Unity Wireless Device or calling toll-free at 1-800-701-9262.
Service may be temporarily suspended or permanently terminated without notice if our agreement with the respective Underlying Carrier is terminated for any reason. You waive any and all claims against the Underlying Carrier, including any roaming carrier, for such suspension or termination.
8. Warranties, Liabilities, and Indemnification
8.1 Warranty Disclaimer
Unity Wireless makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, or fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services, Devices and/or the site, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services or the Site, wireless coverage, or particular service speeds or quality of service. We also do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. You should implement appropriate safeguards to secure your Device and any other equipment you may use with the Services. We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations. Notwithstanding the foregoing, the manufacturer of your Device may provide you with a warranty.
8.2 Limitation of Liabilities
To the fullest extent permitted by law, you agree that Unity Wireless and all parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns shall not be liable, whether or not due to our or their negligence, for any:
· act, omission, or error by you or a third party, including third-party service providers or vendors;
· charges for any products or services provided by third parties and accessed through or for use with our Services or Site;
· claims against you by third parties;
· mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services or the operation of the Site;
· deficiencies or problems with a Device or network coverage (e.g., dropped, blocked, interrupted Services, etc.);
· damage, injury, or loss caused by or arising out of your use of the Services, including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services;
· damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services from a Device or using the Services, including 911 services;
· interrupted, failed, or inaccurate location services;
· quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Service or the Site;
· information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;
· damage, harm, or loss that may result from your communications being intercepted;
· unauthorized access to your account caused by your actions or that circumvent our reasonable security measures;
· unauthorized access to your Device;
· changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification;
· damage to or loss of any information or data stored on your Device or any other equipment you use with the Services (including when we service your Device);
· loss or disclosure of sensitive information you transmit when using the Services or when accessing the Site (including any damage, loss, harm, or disclosure that results from malware);
· default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events, as described in Section 10.8.; or
· unauthorized or disputed charges for Unity Wireless services that appeared more than 15 days earlier on your online account statement and which you did not properly dispute within 15 days after the charge was posted to your account (no fiduciary or other special relationship exists between you and Unity Wireless by virtue of this Agreement or your use of Unity Wireless Devices and Services.
To the fullest extent permitted law, Unity Wireless shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer by use of or inability to use your Device or the Services or the Site, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries. To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us shall not exceed the total amount of charges paid by you for the applicable products or services for the twelve (12) months preceding the date on which the claim accrued. The above limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.
8.3 Indemnification
To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Unity Wireless and its parents, subsidiaries, affiliates and their past, present, and future officers, directors, employees, agents, representatives, partners, licensors, successors, and assigns from and against any and all claims, causes of action, losses, expenses, liability or damages, losses, liabilities, injuries, including without limitation for any personal injury or death, costs, penalties, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, (a) your or any other person’s use of a Device or the Services, or the use, failure to use or inability to use a phone number, whether based in contract or tort (including strict liability) and regardless of the form of action; or (b) your acts or omissions, including your breach or violation of this Agreement, other Unity Wireless policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority, whether or not such claims arise in whole or in part from the alleged negligence of Unity Wireless. If we reasonably determine that a claim might adversely affect Unity Wireless, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with Unity Wireless.
9. DISPUTE RESOLUTION
9.1. Pre-Trial Dispute Resolution
For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 9.5 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in court. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
9.2. CLASS ACTION WAIVER
WE (YOU AND Unity Wireless) EACH AGREE THAT ANY PROCEEDINGS 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. If a court determines in an action between you and us that this Class Action Waiver is unenforceable, then the class action waiver will be void as to you.
9.3. JURY TRIAL WAIVER
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.
9.4. Governing Law, Venue and Jurisdiction
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law provisions.
Exclusive Jurisdiction: The state and federal courts located in Broward County, Florida shall have exclusive jurisdiction to hear and determine any claims or disputes between the parties arising out of or relating to this Agreement.
Venue: Any lawsuit, legal action, or proceeding arising out of or relating to this Agreement must be instituted in the state or federal courts located in Broward County, Florida.
Consent to Jurisdiction: The parties hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue in such courts, including any objection based on forum non conveniens.
9.5. Registered Agent Information
Unity Wireless’s Registered Agent Contact Information:
Incorp Services, Inc.
3458 Lakeshore Drive
Tallahassee, FL 32312
10. Miscellaneous
10.1. Severability
If any part or provision of this Agreement, including the Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties or shall be severed from this Agreement in that jurisdiction if required and the remaining provisions of the Agreement shall remain in full force and effect.
10.2. Survivability
Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to, those relating to complaints, payment obligations, restrictions on the use of Devices, 911 and emergency communications, limitation of liability, and dispute resolution (including no class action and no jury trial). Section 9 Dispute Resolution will survive any termination, payoff or transfer of this contract.
10.3. Consent to Receive Communications
Unity Wireless may occasionally need to communicate with you about your Services. We may do so without your consent in certain instances, for example in emergency situations or for service-related communications where you are not charged for the message. In addition, you have a right, and we have a duty, under federal law, to protect the confidentiality of CPNI. You hereby provide consent for us or our authorized agents or representatives to use your CPNI to market communications-related services to you. You may restrict our right to use CPNI for marketing purposes at any time, as stated in the Privacy Policy. Denial of approval will not affect the provision of the services we provide to you. Any approval, or denial of approval for the use of CPNI outside of the service to which you already subscribe is valid until you affirmatively revoke or limit such approval or denial.
Further, you provide consent for Unity Wireless or our authorized agents or representatives to contact you using live, automated, or prerecorded messages (including artificial voice technologies) to any landline, wireless, or facsimile telephone number, including via text messages to your phone. We may contact you for service-related, informational or marketing purposes via these methods. You also provide consent to contact you, regardless of whether your number is listed on the Do-Not-Call Registry or a state equivalent registry. Consent to such contacts is not a condition of service and may be revoked at any time.
Finally, you provide consent for us to contact you for any reason, including for marketing purposes via the email address we assign you or you provide in connection with your service.
You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons via any of the methods described above. Some of these communications may result in charges to you. Your consent to be contacted via any of the methods described above may be revoked at any time by any reasonable means. Please review our Privacy Policy for additional information about how you may revoke consent to receive communications.
10.4. Modifications to this Agreement
We may, at any time, modify any part of this Agreement; any other terms, conditions, and policies; our rates, fees, and charges; our Service Plans, features, and products; and our coverage areas, Underlying Carrier, and provisioning technology. We will provide you with advanced notice of any modifications that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges). We may provide you with notice of any other modifications, as described in Section 10.5 (Notices) or as otherwise required by any applicable law, regulation, or order. If any regulatory body or a court of competent jurisdiction, issues a law, regulation, rule, or order that has the effect of materially increasing the cost to provide the Services or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent, and purpose of the Regulatory Requirement and otherwise as is necessary to comply with the Regulatory Requirement. Material adverse modifications become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice. All other modifications become effective when posted on the Unity Wireless website, www.unitywireless.com or as specified in any notice. If you continue to access, use, or purchase Unity Wireless Services on or after the effective date of such modifications, you accept those modifications. Neither the course of conduct between you and Unity Wireless nor common trade practice will act to modify any provision of this agreement.
10.5. Notices
We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your Device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means Unity Wireless deems practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to a voicemail service associated with your service or an alternate telephone number you have provided to us, text messaging service, email address you have provided to us, or Device; when posted on our website or in an application; and three (3) days after mailed to your last known billing address. Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 11.
10.6. No Third-Party Beneficiaries
This Agreement is solely for the benefit of you, Unity Wireless, and our parent companies, affiliates, subsidiaries, and successors in interest. No provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.
10.7. Assignment
You may not transfer or assign this Agreement or any of your rights or obligations under it, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, Unity Wireless shall be released from all liability with respect to this Agreement.
10.8. Force Majeure
Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.
10.9. Enforcement and Waiver
Unity Wireless has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Unity Wireless will determine, in its sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement or the Acceptable Use Policy. If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit your Services, as described in Section 7. Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities. Unity Wireless will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance
10.10. Headings
Section headings are for descriptive, non-interpretive purposes only.
10.11. Language
The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.
10.12. Integration
This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and Unity Wireless. It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.
11. Customer Service Contact Information
If you have any questions, concerns, comments, or complaints regarding your Services, your bill, or this Agreement, please contact Unity Wireless Customer Service using the following information:
Email: support@unitywireless.com
Phone: 1-800-701-9262 or 611 from your Unity Wireless Device during normal business hours: Sunday to Saturday from 9 AM to 9 PM EST.
If Unity Wireless is unable to resolve your issue, you may file an informal consumer complaint with the FCC at 888-CALL-FCC (888-225-5322), or at https://consumercomplaints.fcc.gov/hc/en-us.
SMS MARKETING:
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In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/gounitywireless/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/gounitywireless/terms_of_service)."