Internet on the Go®
Terms and Conditions
Welcome to Internet on the Go® (“us,” “we,” “our” or “IOTG”). Please read these Terms and Conditions carefully, as they apply to all IOTG devices, services, and related products or features (collectively, the “Service” or “Services”) that we provide to you. These Terms and Conditions contain important information and guidelines about your Service, and constitute an Agreement between you and IOTG (the “Agreement”). The Terms and Conditions consist of several parts, which may be amended from time to time:
- IOTG Terms and Conditions
You accept this Agreement by:
- Agreeing in writing, by email, over the phone, or in person;
- Activating your Service;
- Opening a package that contains a notice stating you accept upon opening;
- Using your Service or any related product or device; or
- Paying for the Service.
BY DOING ANY OF THE FOREGOING, YOU ARE INDICATING YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INITIATE SERVICE. IF YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED TO YOU UNDER A PRIOR AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST TERMINATE SERVICE AS SET FORTH IN THE PRIOR AGREEMENT; PROVIDED, HOWEVER, THAT IF YOU CHOOSE TO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS AND YOUR AGREEMENT TO ARBITRATE DISPUTES. IF YOU HAVE ANY QUESTIONS, DO NOT ACTIVATE OR USE YOUR SERVICE, AND CONTACT IOTG TO HAVE YOUR QUESTIONS ANSWERED.
When you accept, you represent that you are at least 18 years old and are legally able to accept an agreement. If you are accepting for an organization, you represent that you are authorized to bind that organization. By accepting, you agree to every provision of this Agreement, whether or not you have read it. Please read all parts of this Agreement carefully, including the MANDATORY ARBITRATION provision and the CLASS ACTION WAIVER provision.
If you do accept, you can cancel your Service within 15 days of accepting this Agreement without having to pay an early termination fee as long as you return any equipment you purchased from us or that was provided to you by IOTG in connection with your acceptance of the Agreement within 15 days.
Arbitration Agreement and Dispute Resolution
Any Dispute between you and IOTG shall be resolved, upon the election of either you or IOTG, by binding arbitration. References in this provision to “Dispute” shall be given the broadest possible meaning and shall include any dispute, claim, or controversy arising from or relating to this Agreement or Services and/or Products provided under this Agreement, including but not limited to: (1) all claims for relief and all theories of liability, whether based in contract, tort, statute, regulation, ordinance, fraud, or misrepresentation; (2) all disputes regarding the validity, enforceability or scope of this arbitration agreement (with the exception of its class action waiver); (3) all disputes that arose before this Agreement; (4) all disputes that arise after the termination of this Agreement; and (5) all disputes that are the subject of a putative class action in which no class has been certified. References in this provision to “us” include our parents, subsidiaries, affiliates, predecessors, successors, and assigns and our and their directors, officers, employees and agents. References in this provision to “you” include all beneficiaries of this Agreement and all users of the Services provided under this Agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court or bring Disputes to the attention of federal, state, or local agencies, including, but not limited to, the Federal Communications Commission.
Because this Agreement and the Services provided under this Agreement concern interstate commerce, this arbitration agreement shall be governed by the Federal Arbitration Act (“FAA”).
The party initiating arbitration may choose from the following independent, impartial arbitration administrators:
335 Madison Avenue, Floor 10
New York, NY 10017
1920 Main Street, Suite 300
Irvine, CA 92614
Copies of their respective rules for consumer disputes and forms and instructions for initiating arbitration may be obtained by contacting them or visiting their websites.
Any arbitration shall be conducted pursuant to the arbitration administrator’s rules for consumer disputes in effect when the arbitration is initiated except to the extent they are inconsistent with this arbitration agreement. If the arbitration administrator will not enforce this arbitration agreement as written, the parties shall agree on or mutually petition a court of competent jurisdiction to appoint a substitute arbitration administrator who will do so.
The arbitrator shall enforce contractual, statutory and other limitation periods and shall honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered in any court having jurisdiction.
If we initiate the arbitration, we will notify you in writing at your then-current account address or (if your account is closed) the last address at which we contacted you. If you initiate the arbitration, you must notify us in writing at the address set forth in the “Notices” section.
If your Dispute does not exceed $10,000, we will reimburse your filing fee and will pay the arbitrator’s other fees, costs and expenses. (If you cannot pay the filing fee, you may request that we pay the filing fee directly.) If, however, the arbitrator finds that your Dispute is frivolous or brought for an improper purpose, you shall reimburse the filing fee to us and the payment of the arbitrator’s other fees, costs and expenses shall be governed by the arbitration administrator’s rules.
You may hire an attorney to represent you in the arbitration proceeding and may recover your attorneys’ fees and costs in arbitration to the same extent as you could in court if the arbitration proceeding is decided in your favor. We may hire an attorney to represent us in the arbitration proceeding but waive any right to recover our attorneys’ fees and costs if the arbitration proceeding is decided in our favor.
Unless you and we agree otherwise in writing, any arbitration hearings will be held in the county of your then-current account address or (if your account is closed) the last address at which we contacted you.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without a court or arbitrator determination of unenforceability.
JURY TRIAL WAIVER. If a claim proceeds in court rather than in arbitration, for any reason, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY NAMED IN THE ARBITRATION PROCEEDING AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
This arbitration agreement shall survive the termination of this Agreement or the Service relationship.
Unless otherwise provided by applicable law, or otherwise in this Agreement, neither party has the right to bring a Dispute or other legal action under this Agreement more than one (1) year after the Dispute arose.
Start of Service and Rate Plans
When you activate Service, you may receive a Service Contract, a Rate Plan, and/or a copy of these Terms and Conditions. These materials and any documents expressly referred to herein or within those documents, if any, make up the complete Agreement between you and IOTG and supersede any and all prior and contemporaneous agreements, arrangements, representations, advertising, contracts, statements, offers, and understandings relating to the subject matter of this Agreement, whether oral or written, including, but not limited to, all previous versions of the Terms and Conditions. You cannot rely on any other documents or statements by any sales person, service representative or other agent and you acknowledge and agree that you have not relied on any representation, assertion, guarantee, warranty, contract or other assurance, stated or made by anyone except those set out in this Agreement. Contact us by writing to the address set forth in the “Notices” section or by calling the appropriate customer service number applicable to your Service, as provided in the “Contact Us” section of the IOTG website if you (a) are missing any of these materials or documents, (b) would like printed copies of any of them, or (c) if you have any questions about them.
This Agreement governs the sale, use, and delivery of the Services to you (the purchaser or user) by IOTG. Your Services are also subject to, and you agree to adhere to, our business policies, practices, and procedures, which we can change without notice to you (collectively, the “Policies”).
Changes to the Agreement
IOTG reserves the right, from time to time, with or without notice to you, to change any part of the Terms and Conditions of Service, including but not limited to, rates, plans, charges, how we calculate charges, discounts, coverage, technologies used to provide services or your terms of service in its sole and absolute discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” link located at the Internet on the Go Web site (/). The most current version of the Agreement will supersede all previous versions. Your use of the Service or continued use of the Service after changes are made means that you agree to be bound by such changes.
Term of Service Commitments
Your Term of Service (“Term”) is the period of time for which you have agreed to maintain Service with IOTG. Your Agreement begins on the day that your Service is activated and continues for a predetermined period of time as indicated on your specific Service Contract. At the end of the initial Term, this Agreement will automatically continue on a month-to-month basis.
In order to fulfill your Agreement, you can pay for the Services described in your Service Contract for the Term, or you can terminate your Agreement prior to the end of the Term and pay an early termination fee as an alternative means of performing your obligations under the Agreement.
Your Termination Rights
You may cancel your Service within 15 days of acceptance without having to pay an early termination fee as long as you return any equipment you purchased or received from us in connection with your acceptance of the Agreement within 15 days in “as new” condition with the original packaging, or, if you purchased or received refurbished equipment, in the same condition and with the same packaging as it was provided to you at the time of purchase or receipt. You will still have to pay for your Service through the date of cancellation. If you do not return the equipment, you will be charged the difference between the amount you paid IOTG for the equipment and the amount you would have been charged for the equipment had you not agreed to a Service Contract. No activation fee will be refunded, regardless.
After the first 15 days, you may terminate your Agreement for any reason. However, if you do, you agree to pay any and all fees, charges, and/or other amounts incurred and owed by you to IOTG under your Agreement, plus any applicable early termination fee under your Service Contract. Pre-paid Service is not subject to an early termination fee.
After your initial Term ends and your Service continues on a month-to-month basis, you may terminate the Agreement at any time.
AMOUNTS PAID FOR SERVICE CHARGES ARE NON-REFUNDABLE. IF YOUR SERVICE IS TERMINATED FOR ANY REASON AND YOU HAVE A POSITIVE BALANCE IN YOUR SERVICE ACCOUNT, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND.
Authentication and Account Access
You may establish “Authorized Users” to manage your account. You, any individual with your personal account information, and any Authorized Users will have access to your account information and will each be able to make changes to the account and receive any notices or disclosures on the account holder’s behalf. These actions may result in additional fees or charges to your account, or changes to the applicable Term. You agree that you will be bound by all such notices, disclosures, and changes to the Agreement, and are obligated to pay any resulting fees or charges. Authorized changes may also result in your agreement to any new terms and conditions.
Your Use of the Service
You agree to use the Services in accordance with this Agreement and to comply with all applicable laws. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS IOTG FROM ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, USE OF YOUR DEVICE OR SERVICE, YOUR ACTS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY VIOLATION BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE POLICIES, OR OF ANY APPLICABLE STATUTES, ORDINANCES, LAWS OR REGULATIONS OF ANY LOCAL, STATE, OR FEDERAL AUTHORITY, YOUR USE OF THE DEVICE OR SERVICE AND ANY INFORMATION YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE VIA THE SERVICE, FAILING TO PROVIDE APPROPRIATE NOTICES REGARDING LOCATION-SENSITIVE SERVICES, FAILURE TO SAFEGUARD YOUR PASSWORDS, BACKUP SECURITY QUESTION TO YOUR PASSWORD OR ANY OTHER ACCOUNT INFORMATION, OR THE RIGHTS OF ANY THIRD PARTY.
INTENDED USE OF MBB SERVICE (FAIR USE). MBB Service and any related data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. You may not use the MBB Service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) with continuous data streams or high traffic B. services; (3) as a substitute or backup for private lines or frame relay connections; (4) with “responders”, “cancel-bots”, or similar automated or manual routines which generate excessive amounts of traffic, or which disrupt user groups or email use by others; (5) to send “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (6) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties’ Internet based resources. Plans with a limited duration are intended to be used in no less time than the stated duration of that plan. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Terms of Service.
Access to Content. MBB Service allows you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials (“Content”). Some Content is available from us or our business partners, while other Content can be accessed from other third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your device access. We strongly recommend that you monitor Content access by children or minors. Prior to accessing certain Content, we may require you to provide some personal information to verify that you are at least 18 years of age. Content from third parties may also harm your device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
NO REPRESENTATIONS REGARDING CONTENT. We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. You may not sell or resell Content. You will be solely responsible if you engage in any unauthorized use of Content.
Objectionable or Offensive Content. You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit (“Post”) any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others’ rights, including privacy rights.
Unlawful Content. You may not Post any Content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any of our rules or policies.
Soliciting Information. You may not Post any Content that solicits any information from other customers or involves any commercial activities, including advertisements.
Content Infringement. You may not post any Content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any Content, including graphics, pictures, photographs, logos, software, articles, music, games, or videos. By posting any Content, you represent that you have legal rights to use, distribute and publish such Content.
Harmful Content. You agree not to Post any Content that contains viruses, worms, time bombs or other similar programs.
Removal of Content. We reserve the right, in our sole discretion, to remove or delete any Content that you Post on our service that violates the Terms of Service or is otherwise deemed objectionable by us in our sole discretion. We may delete Content that you have downloaded or limit the amount of Content that you may download during any given period.
We reserve the right to limit, suspend, or terminate your Service for good cause. You agree not to misuse the Service in any way, including but not limited to the following actions:
- Reselling or rebilling the Service or our devices;
- “Spamming,” telemarketing, or engaging in abusive or unsolicited communications, or engaging in any other mass, automated voice or data communications for commercial purposes;
- Using the Service to engage in unlawful activity;
- Using the Service in a way that adversely affects our business, customers, or any other persons, or that interferes with our operations, network, reputation, or ability to provide service;
- Using the Service to provide a commercial or private dispatch service;
- Using the Service in connection with server devices or host computer applications, including continuous or automated devices or applications that could disrupt net user groups or email use by others, or other applications that harm network capacity or functionality;
- Accessing or attempting to access without authority the information, accounts, or devices of others, or penetrating or attempting to penetrate IOTG’s or another entity’s network or systems;
- Running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or
- Assisting anyone else in any of the above activities.
You agree that a violation of this section harms IOTG, and that harm cannot be fully remedied by monetary damages. You agree that we are entitled to immediate injunctive relief in addition to all other remedies available if a violation of this section occurs.
IOTG’s Rights Regarding the Services
IOTG may discontinue providing Service to you, change the Services provided, change your Rate Plan, reduce the speed of any Service provided, cap or restrict the amount of use of any Service, discontinue or suspend your account, or discontinue or limit providing connections to particular, providers, features, services, or types of services used, requested or called by you or allowing the provision of certain services or services in certain areas, at certain times, or at certain speeds that, in the sole judgment of IOTG, appear likely to generate abnormally high use, or other disproportionate use when compared to those of other customers of IOTG, numbers or types of services or which may be harmful, disruptive, or interfere with IOTG’s system or services to other customers. We may, but are not required to provide notice to you before taking any of the foregoing actions. By activating and using any IOTG Service, you acknowledge and agree to IOTG’s ability to modify or terminate your Service under these circumstances.
In addition, we may limit, suspend, or terminate your Service or the Agreement without notice for good cause, including, but not limited to the following reasons – if you, or any user on your account:
- Breaches this Agreement;
- Incurs charges greater than any billing or credit limitation on the Account;
- Provides inaccurate information or credit information that IOTG cannot verify;
- Lives in an area where IOTG does not provide service, more than 50% of our voice and/or data usage is Off-Net for any three billing cycles within any twelve month period, your Off-Net usage makes it uneconomical for IOTG to provide Service to you, or relating to IOTG’s arrangements with an Off-Net provider;
- Transfers Service to another person without IOTG’s consent;
- Becomes insolvent, enters or threatens bankruptcy (except as prohibited by law);
- Misuses the Service or any devices as described above;
- Uses the Service or Device in a manner that is excessive, unusually burdensome, or unprofitable for IOTG; or
- Is on a Rate Plan that IOTG determines, in its sole discretion, is no longer available.
If your Service or account is limited, suspended, or terminated, and then reinstated, you will be responsible for paying a reactivation fee, if applicable.
In order to ensure the quality of our Services and for other lawful purposes, we may monitor or record any calls that you make to us or that we make to you, such as calls with our customer service or sales departments.
Any device or equipment that you use in connection with our Services must, in our sole discretion, be compatible with, and not interfere with, our Services and network, and must comply with all applicable laws, rules, and regulations. We may periodically program your device remotely for features that cannot be changed manually. We assume no responsibility for the condition or repair of any device or equipment that you provide.
Exclusive Remedy; Limitation of Liability
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR (i) OUR, OR OUR DEALER’S, AGENT’S, REPRESENTATIVE’S, VENDOR’S, SUPPLIER’S, OR OTHER CARRIER’S FAILURE TO PROVIDE YOU WITH SERVICE OR IOTG’S FAILURE TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE IOTG RE-PERFORM SUCH SERVICE. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, OR (ii) ANY FAILURE, MALFUNCTION, DEFECT, OR OTHERWISE RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH ANY DEVICE, HANDSET, OR OTHER EQUIPMENT OR PRODUCT SUPPLIED OR PROVIDED BY US, SHALL BE YOUR RIGHT TO HAVE IOTG REPAIR, OR HAVE REPAIRED, REPLACE, OR HAVE REPLACED, SUCH DEVICE, HANDSET, OR OTHER EQUIPMENT OR PRODUCT. UNLESS THE EXCLUSIVE REMEDY SET FORTH IN THE PREVIOUS SENTENCE IS PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST THE IOTG PARTIES, OR ANY SUPPLIER, AGENT, DEALER, REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER, TO THE LESSER OF: (A) YOUR DIRECT DAMAGES OR (B) THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR WIRELESS DEVICE FOR ONE MONTH’S SERVICE CHARGES. AS A MATERIAL PART OF THE CONSIDERATION PAID BY YOU FOR THE SERVICES PROVIDED BY IOTG OR ANY SUPPLIER, AGENT, DEALER, REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER OF IOTG, UNDER THIS AGREEMENT, AND NOTWITHSTANDING ANY OTHER PROVISION HEREOF, YOU AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES, TO THE FULLEST EXTENT THE SAME MAY BE DISCLAIMED BY LAW. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS EXCLUSIVE REMEDY, LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS EITHER PARTY MAY BRING AGAINST THE OTHER PARTY TO THE EXTENT THAT IT WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY. YOU AGREE THAT THE FOREGOING ALLOCATION OF RISK SHALL, IN THE EVENT OF IOTG’S INABILITY, DESPITE GOOD FAITH EFFORTS, TO PROVIDE THE SERVICES OR THE PRODUCTS, REMAIN IN EFFECT REGARDLESS OF WHETHER THE EXCLUSIVE REMEDIES PROVIDED FOR UNDER THIS SECTION THEN SATISFY THE ESSENTIAL PURPOSES FOR WHICH THEY WERE INTENDED, OR OTHERWISE PROVIDE YOU WITH A FAIR QUANTUM OF RELIEF.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from: (a) any action or omission by a third party: (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a wireless device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) data content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a wireless device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; and (h) damage to your wireless device or any computer or equipment connected to your wireless device, or damage to or loss of any information stored on your wireless device, computer, equipment, or IOTG storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio. You agree we aren’t responsible for problems caused by you or others, or by any act of God or other events beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You also agree we aren’t liable for missed or deleted voice mails or other messages, or for any information, such as pictures, that gets lost or deleted if we service your wireless device. If another wireless carrier is involved in any problem (for example, while you’re roaming), you also agree to any limitations of liability in its favor that it imposes. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each.
Disclaimer of Warranty: Services
IOTG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME AND AGREE TO HOLD THE IOTG PARTIES HARMLESS FOR ALL SUCH INTERRUPTIONS. IN NO EVENT SHALL IOTG PARTIES BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE SERVICE OR THIS AGREEMENT.
You agree that we will not be held responsible for any delay, loss, damage, or failure in performance of any of the Services or of any of these terms and conditions, if applicable, caused by accident or casualty, fire, flood, lightning, meteorological phenomenon, earthquake, volcanic action, power failure or blackout, severe weather, explosion, declared or undeclared war or armed conflict, national, state or local emergencies, civil disobedience, delay in transportation, failure of suppliers to deliver equipment, acts or omissions of carriers or suppliers, shortage of labor or materials, labor disputes, strikes or other concerted acts of workers (whether of IOTG or others), embargo, government requirement or other civil or military authority, acts of regulatory or governmental agencies, act of terrorism, act of God, or unnamed events or acts otherwise known as force majeure, acts of any third party, or other similar causes beyond our control, which prevent or hinder the delivery of any Services (“Condition”). If any such Condition occurs, you must pay for any Services provided, and we may elect to immediately terminate any Services without notice.
You agree to respect the intellectual property rights of IOTG and third parties, and not to infringe, misappropriate, or otherwise injure those rights. Except for a limited personal, non-commercial license to use the Services or devices, your purchase of our devices and Services does not grant you any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of IOTG or others related to the devices and Services, without the express permission of the owner. You acknowledge that any violation of this section harms IOTG, cannot be fully redressed by money damages, and entitles us to immediate injunctive relief, in addition to all other available remedies.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe that material available through our Services or on our network infringes the copyright of you or any third party, notify us by using the notice procedure under the DMCA. After receiving the notice, we may remove or disable access to any infringing material as provided for in the DMCA.
If any provision of this Agreement is found invalid or unenforceable by a court or agency, such invalidity or unenforceability shall not invalidate or render unenforceable the remainder of this Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision.
You may not assign this Agreement without our prior written consent, which may be withheld, conditioned, or delayed at our discretion. We may transfer or assign this Agreement in whole or in part without giving you notice or obtaining your consent, other than as required by law.
This Agreement shall be interpreted under the laws of the state in which the Service is primarily provided to you, excluding that state’s conflicts of laws principles.
You agree that we may contact you or any Authorized User on your account for Service or account related reasons through the contact information that you provide, at the current address on your account, through the Services to which you subscribe, or through other available means, including through text message, email, recorded message, mail, or mobile, residential, or business phone. Any such notice will be treated as provided to you when left with you, on your device, or on your answering service. Any notice that we mail to you will be deemed provided to you, to the extent permitted by applicable law, when the notice is deposited into the U.S. mail addressed to you at your last known address, as shown in our records. You must notify us of any address changes, and failure to notify us of any changes constitutes a breach of this Agreement. Your notice to us shall be deemed given when received by us, whether by phone, mail, or other means, to IOTG, 10440 North Central Expressway, Suite 700, Dallas, Texas 75231-2228.