Huawei NET10 Service Manual page 17

TERMS AND CONDITIONS OF SERVICE
LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF
NET10'S AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims
arising out of your relationship with NET10, arising out of or relating to the Service or any equipment
used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation
or any other legal theory). Nothing contained in this arbitration provision shall preclude NET10 Wireless
from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your
NET10 phone, its software, the Service and/or PIN numbers in state or federal court. References to you
and NET10 include, where applicable, our respective subsidiaries, affiliates, predecessors in interest,
successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You
must first present any claim or dispute to NET10 Wireless by contacting Customer Care to allow an
opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim
shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless
Industry Arbitration Rules ("WIA Rules"), as modified by this agreement. You and NET10 agree that
use of the Service evidences a transaction in interstate commerce and this arbitration provision will be
interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All
issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator
is bound by the terms of this agreement. You and NET10 agree that any arbitration will be conducted
on an individual basis and not on a consolidated, class wide or representative basis. Further, you
agree that the arbitrator may not consolidate proceedings or more than one person's claims, and
may not otherwise preside over any form of a representative or class proceeding. If the preclusion of
consolidated, class wide or representative proceedings is found to be unenforceable, then this entire
arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between
you and NET10 in accordance with the WIA Rules, except that NET10 will reimburse you for the amount
of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its
own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this
arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows
for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by
jury and (ii) any claims for punitive or exemplary damages. Unless NET10 and you agree otherwise, the
location of any arbitration shall be Miami, Florida. Except where prohibited by law, NET10 and you agree
that no arbitrator has the authority to award punitive damages or any other damages not measured by
the prevailing party's actual damages. Neither you nor NET10 shall disclose the existence, contents, or
results of any arbitration except to the extent required by law. Judgment on the award rendered may be
entered by any court having jurisdiction.
15. CHOICE OF LAW:
These Terms and Conditions shall be construed under the laws of Florida, without regard to its choice
of law rules, except for the arbitration provision contained in these Terms and Conditions, which will
be governed by the Federal Arbitration Act. This governing law provision applies no matter where You
reside, or where You use or pay for the Services.
TERMS AND CONDITIONS OF SERVICE
16. PRIVACY POLICY:
To view our Privacy Policy please refer to our website.
17. NET10 UNLIMITED INTERNATIONAL CALLING SERVICE ADDITIONAL TERMS AND CONDITIONS.
These additional terms and conditions apply to customers who purchase and/or use the NET10
Wireless Home Phone Unlimited International Calling Plan (the "NET10 ILD Service"). By purchasing
or using the NET10 ILD Service, the user (or "You") accept/s the rates, terms, and conditions ("Terms")
set forth below as such Terms are updated from time to time on our Website.
The NET10 Unlimited ILD Card is intended for live dialogue between two individuals for personal use.
It may not be used for any other purpose including, but not limited to, conference calling, monitoring
services, data transmissions, transmission of broadcasts, transmission of recorded material,
interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other
connections that do not consist of uninterrupted live dialogue between two individuals. The service
is not for commercial use or resale. Loaning or renting your handset or service to other persons for
their use or calling, hosting, establishing or maintaining a Chat Line is not considered personal use.
We will presume certain usage, dialing, or calling patterns indicate that you are not using the ILD
service for your personal use and we reserve the right to suspend, terminate or restrict your services
with no prior notice.
The NET10 Unlimited ILD Card will allow you to place calls to select destinations internationally.
It will not allow you to place calls to all destinations or to all countries. The service excludes calls to
higher cost cellular, non-geographic and premium numbers, and calls originating outside the United
States. Roaming is not available for international service. The destinations which are available may
change without notice at any time. The NET10 Unlimited ILD Card is not a substitute for regular
international calling services. The NET10 Unlimited ILD Card excludes certain call types such as calls to
non-geographic and premium numbers. In order to determine if your destination of choice is available
on the service, you may check our website atwww.net10homephone.com. You can also check to see
if your specific destination is covered by texting 011 + Country Code + City Code + Phone Number
to 64372 from a cellular phone. Standard text message rates apply. Direct dialing is not available for
international calling. An access number must be used in order to initiate international calls. To make
international calls first dial 1-305-994-2389
NET10 will presume certain usage, dialing or calling patterns to indicate that you are using the ILD
Service in violation of these Terms and Conditions and We reserve the right to suspend, terminate
or restrict Your Services without prior notice. If You believe that We are in error, You may contact
customer Service and depending on the circumstances, We may reactivate Your Unlimited ILD Service.
If, however, You continue Your usage, dialing or calling patterns that We deem connote non-personal
use in violation of these terms and conditions, We reserve the right to suspend, terminate or restrict
Your Services with no prior notice. You will not receive a refund if your service is terminated for
violating these terms and conditions.