Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and Red Pocket Mobile™ (Red Pocket, Inc. and/or “Red Pocket”) and explain our respective legal rights concerning all aspects of our relationship.
IF YOU USE THE SERVICE OR THE WIRELESS DEVICE, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR DEVICE AND NOTIFY US IMMEDIATELY AT 1-888-993-3888 TO CANCEL SERVICE.
This is an agreement ("Agreement") for wireless radio telecommunications services and related services and/or features ("Service") between you and the entity licensed by the Federal Communications Commission to provide Service in the area associated with your assigned telephone, data and/or messaging number(s) ("Number") that is doing business as Red Pocket ("us" or "we"). The term "Device" means wireless receiving and transmitting equipment that we have authorized to be programmed with the Number.
A. Availability/Interruption. Red Pocket customers have access to nationwide wireless coverage under the agreements between Red Pocket and its underlying carriers. Please review the coverage maps available on our website, which shows a general representation of wireless coverage. The areas shown are approximate. These maps may include areas served by unaffiliated carriers and may depict their licensed area rather than an approximation of their coverage. Actual coverage may vary and depends on system availability and system capacity, system repairs and modifications, customer’s equipment, terrain, signal strength, weather and other conditions. Red Pocket does not guarantee network coverage, network availability or network uptime in any manner whatsoever. Red Pocket does not guarantee uninterrupted service. Wireless service offered by Red Pocket requires a compatible Device and are only available in the coverage area subject to wireless network availability. Not all features or Service offerings are available at all locations. Charges will be based on the location of the site receiving and transmitting the call, not your location. Rates apply to calls made within the Red Pocket coverage areas. Your Device's display does not indicate the rate that you will be charged.
B. Use of Service/Device/Number. Reproduction, retransmission, dissemination or resale of Service is prohibited without prior written contractual arrangements from Red Pocket, Inc. and any required regulatory approvals. You are responsible for ensuring that your Device is compatible with our Service and meets federal standards. You are responsible for the purchase and maintenance of any additional hardware, software and/or Internet access from your PC required to use the Service. You consent to receiving advertising, alerts and other broadcast messages from Red Pocket, Inc. or our authorized agents. You shall acquire no proprietary interest in numbers assigned by Red Pocket for your use. You have no ownership rights to the Number, any IP address, any e-mail address or any other identifier provisioned by us, our agents or the manufacturer of your Device to be used with the Service, and you agree we may change any such Number, IP address, e-mail address or any other identifier at any time with or without prior notice to you. Any Device purchased through our program has been manufactured to operate exclusively with Service provided by us. The Device cannot be activated with any other wireless carrier. By using Service, you agree to abide by the terms and conditions of any applicable software license.
C. Unauthorized Usage. You agree not to use the Device or Service for any unlawful, unauthorized or abusive purpose or in any way that damages our property or others' property, or interferes with, harms or disrupts our system or other operators' systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content that you transmit using the Service. You may not install any amplifiers, enhancers, repeaters or other devices that modify, disrupt or interfere in any way with the radio frequency licensed to us to provide Service. If your Device, user name or password is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. We have the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity. 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.
E. Your Rights to End This Agreement. You may terminate your Service at any time by notifying us of your intention to terminate Service. There is no penalty or termination fee; however, it may take up to 30 days to process the termination request and the balance remaining in your account is forfeited upon termination of Service. Your Service will resume and the termination request will be cancelled if you use your Service prior to our processing your termination notification.
A. Generally. You are responsible for paying all charges, including but not limited to: airtime, access, features, voice mail access, voice mail delivery, data usage, text messages, downloadable content, alerts, roaming, long distance, directory and operator assistance charges, the price of Devices and accessories, charges for other goods and services and shipping/handling fees. You will be billed at domestic airtime or roaming rates (please refer to rate card) for 800, 866, 877, 888, and other "toll free" calls. Applicable international charges will always be billed for direct dial calls placed from your Device. A long distance provider chosen by Red Pocket, Inc. will provide your long distance. For all calls, the length of the call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to begin a call until approximately the time you press "End," or other key to terminate the call. Airtime usage on each call is deducted in full minute increments, with partial minutes of use rounded up to the next full minute. For calls placed in the United States, you will not be charged for busy or unconnected calls if you press "End" or "No" within 30 seconds. Unanswered calls lasting 30 seconds or more will be charged standard airtime and rounded up to the nearest minute. Call waiting, 3-way calling, call forwarding, voicemail will incur applicable airtime or roaming and wireless long distance charges. Please note you may be charged a higher rate for calls made off-network. You will be charged for any check or electronic bank draft returned for non-payment. Please refer to your rate card for details.
B. Account Balance. All charges incurred will be deducted automatically from your account. Any amounts loaded into your account are not transferable or refundable. You should take reasonable efforts to safeguard your Device and replenishment airtime cards. No refunds or other compensations will be given for returned, expired, lost, damaged, or stolen cards. Amounts deposited to your account expire between 0 to 365 days depending on card denomination. If new amounts are not added to your account prior to the expiration date any remaining amounts will be forfeited. Your account may be canceled if there is no usage (billable or non-billable) or if the balance remains as $0 for 30 consecutive days or more and you may be required to pay a fee to resume service. Credit card replenishment is available; limitations apply. In some instances you may be able to complete a call when the billing functionality is interrupted. When this occurs you will not receive correct balance information. All calls, however, will be deducted from your account and the balance updated when the billing functionality is operable. You are responsible for all data usage sent through our network and associated with the Device, regardless of whether the Device actually receives the information. For Red Pocket monthly plans: Airtime expiration is 30 days from date appropriate refill is loaded onto your account. To ensure uninterrupted service, you are required to recharge your account at least once every 30 days. Your account will be canceled if the balance remains at $0 for 30 consecutive days or more.
C. Use of Service/Rates. Your Service rates and other charges and conditions for each Number or Device are described in the replenishment card packaging and at our website at www.redpocket.com, each of which is a part of this Agreement. You can place domestic and international calls from the U.S. to certain designated international locations. The prepaid per minute rates are based on the card value purchased. International rates vary and are subject to change. Visit www.redpocket.com for international rates and available countries applicable to your Red Pocket Mobile™ plan. You cannot use the Service to place calls to 500, 700, 855, 900 or 976 numbers; or to place operator-assisted calls such as third-party-billed, and collect calls. Rates for calls to directory assistance are $3.00 per call plus airtime or roaming charges. You will be billed at domestic rates for 800, 888, 877, and 866 number calls. You are responsible for all taxes and surcharges associated with your use of the Service. Other than calls to 911, you can only make and receive calls when your account has a positive balance. Special dialing patterns may be required when making roaming or international calls. Some locations require a credit card to complete a call; these rates will be higher. When in these areas, you will not be able to receive calls. Prepaid wireless service is not available for purchase or use in all areas. When using Call Waiting or Three-Way Calling, you will incur two simultaneous airtime charges and if you disconnect from a conference call while the other two parties remain connected, you will continue to incur airtime charges for all calls. Nationwide long distance included from within the 50 states, Puerto Rico and U.S. Virgin Islands. Calls from the 50 United States to other destinations, including Puerto Rico and the U.S. Virgin Islands, may be considered international long distance calls and rated accordingly.
D. Default/Termination. If you breach any representation to us or fail to perform any of the promises you made in the Agreement, you will be in default and we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies available to us.
E. Account Information. Any person able to provide your Number and personal identification number is authorized by you to make changes to your account. You consent to disclosure of any information about you to any person as permitted by law if any Device programmed with your Number calls an emergency service number such as 911 or, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
F. CPNI Consent. Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about the amount, type, and destination of your wireless service usage (CPNI). You consent to us sharing your CPNI with Red Pocket, Inc., its affiliates and its contractors, to develop or bring to your attention any products and services. This consent survives the termination of your Service and is valid until you remove it. To remove this consent at any time, notify us in writing at Red Pocket, Inc. Attn: CPNI, 2060D Avenida de los Arboles, Ste 288, Thousand Oaks, CA 91362, providing your name, home address, home telephone including area code, and personal identification number. Removing consent will not affect your current Service.
G. Regulatory Recovery Fee. The Regulatory Recovery Fee is assessed by Red Pocket Mobile to recover costs associated with compliance and payment of telecommunications taxes and fees. The regulatory recover fee may be charged to all service payments to cover charges including, but not limited to: 1) Federal Universal Service Fund Fees, 2) E911 or 911 Fees, 3) State, County and Local Telecommunications Taxes and Surcharges, 4) Legal costs for regulatory compliance, 5) State and Local Sales Tax. Although added to the overall charge, the Regulatory Recovery Fee is separate from the cost of any Services.
H. No Refunds for Your Cancellation of Service or Product Order.Red Pocket offers prepaid, non-refundable service only. You may cancel any Service plan that you pay for in advance at any time; provided that, except as otherwise may be required by applicable law, you will not receive any refund of amounts paid to us in connection with such Service plan (regardless of whether such plan is a 7-, 15-, or 30 day Service plan or a multi-month Service plan). Any purchase from the Red Pocket website is considered a final sale and is non-refundable, except as otherwise may be required by applicable law. Any purchase from one of our authorized e-commerce outlets hosted on a third party site, including eBay.com and Amazon.com, is also non-refundable, except as otherwise may be required by applicable law or as provided by Red Pocket’s specific terms on such third party site.
I. Auto-Refill Plans. Red Pocket Mobile Auto-Refill Plans are available in various denominations of minutes and service days. You may enroll in Auto-Refill by registering your credit or debit card online with Red Pocket Mobile through your Online Account and selecting the Service Plan you want. With Auto-Refill, a new Service Plan will be automatically purchased and added to your Account each month on your Plan Expiration Date and your credit or debit card will automatically incur a charge for the cost of the Plan you elect to purchase on a recurring basis. Please note that your Auto-Refill billing date is determined by your plan expiration date for the plan you have purchased with Red Pocket Mobile. To modify or cancel Auto-Refill you must contact Customer Service or login to your online account to request cancellation of Auto-Refill.
J. Online Product Purchases. For all Devices and SIM Kits purchased online ("Online Product Purchases"), Red Pocket Mobile reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when Red Pocket Mobile confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product that you ordered, Red Pocket Mobile will cancel and refund your order purchase based on the full price paid. Online Product Purchases are are not intended for resale. You are not eligible to request a refund for any Online Product Purchases when forty-five (45) calendar days have passed since the order date (“45-Day Refund Exclusion”). Online Product Purchases that are subject to the 45-Day Refund Exclusion, that are bundled with a service plan, and that are not subsequently activated will automatically become inactive after ninety (90) calendar days following the order date.
K. Family Plans. Each line of service on a Red Pocket Mobile family plan will be charged the full monthly retail price during the first month of service. All lines of service on a family plan must share the same expiration date on subsequent billing months. As a result, lines added to a family plan after the initial primary line may receive a partial month service period for the first month of service. For such lines, Red Pocket Mobile will provide discount credits to the second month of service on a pro-rated basis.
III. INTENDED USAGE & RESTRICTIONS ON USE
You agree that Red Pocket plans are to be used for voice and SMS messaging only between two individuals. You agree that the Service is not to be used for any type of monitoring service, commercial data transmission, transmission of recorded material or broadcasts, non-personal or non-real time conference call bridging, call forwarding for extended periods of time or other use that does not consist of uninterrupted live voice or SMS messaging between two individuals. Red Pocket may terminate or suspend Service or change your plan to one that does not offer unlimited Service if Red Pocket determines that you are using the unlimited Service offer in an unauthorized manner as described in this section. Red Pocket will make reasonable efforts to give prior notice before taking any above action and you may terminate the unlimited Service.
C. Data Services. UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED Data services are provided solely for personal, non-commercial access to the Internet for purposes of web browsing, messaging, and similar data activities as your authorized device’s native applications and capabilities permit. To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another Red Pocket Mobile customer's use of our service or that disproportionately impacts Red Pocket Mobile's network or resources. Red Pocket reserves the right, without notice or limitation, to place you on a different service plan with no unlimited usage components, to limit data throughput speeds or quantities, or to deny, terminate, end, modify, disconnect or suspend your service, or decline to renew your service, if you engage in any of the prohibited uses detailed herein or if Red Pocket Mobile, in our sole discretion, determines that action is necessary to protect our wireless service or resources from harm or degradation, or that your usage disproportionately impacts Red Pocket Mobile's network or resources. You may not use our data service: (1) with server devices or host computer applications or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable "bots" or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical web usage behaviors; (5) 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; and (6) for any other reason that, in our sole discretion, harms our network or disproportionately impacts Red Pocket Mobile's network or resources.
D. Red Pocket service plans may ONLY be used for the following purposes: (i) Person to Person Voice Calls (ii) Text and Picture Messaging and (iii) Internet browsing through the Red Pocket Mobile™ web service. Red Pocket Mobile™ service MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of audio or video programming or games for commercial or non-personal purposes; (iv) 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 (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without notice or a refund. Red Pocket reserves the right to deny service, deactivate or cancel existing service to anyone for any reason at any time, in Red Pocket’s sole discretion.
E. Red Pocket service plans are for individual use only and not for resale. Specifically, Red Pocket services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Unlimited voice services may not be used for any other purposes, 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.
F. Red Pocket reserves the right to cancel or deactivate service, and/or reduce data throughput, without notice, in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of Red Pocket service. Red Pocket reserves the right to limit or reduce data throughput speeds or the amount of data transferred, block particular websites, and to deny or terminate Service, without notice, to anyone Red Pocket believes is using the Service in any manner prohibited above or whose usage, in Red Pocket’s sole discretion, adversely impacts the Carrier’s network or customer service levels. Red Pocket will presume you are engaging in a prohibited use in violation of these Terms and Conditions if in Red Pocket’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or Mobile Web usage is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using the Service in violation of these Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, terminate or reduce the speed of data connection throughput, Mobile Web Access or terminate your service, decline to renew your service, block particular websites, and/or offer you a different service plan with no unlimited usage component. Notwithstanding the foregoing, Red Pocket reserves the right to deny service, deactivate or cancel existing service, block particular websites, terminate data connections and/or reduce data throughput speeds, to anyone for any reason at any time, in Red Pocket’s sole discretion.
G. Red Pocket may discontinue providing Service to you, discontinue your account, discontinue providing connections to particular telephone numbers or types of Services used or called by you, terminate data connections and/or reduce data throughput speeds for any reason that we deem appropriate, including but not limited to accounts with usage patterns, in the sole judgment of Red Pocket: (1) appear likely to generate abnormally high call volumes or Mobile Web Access and data usage and/or abnormally long average call lengths or Mobile Web Access and data usage as compared to the usage of other Red Pocket customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network or Red Pocket or the Carrier’s ability to provide service to other customers; or (3) for any other reason in Red Pocket’s sole discretion. By initiating Service and placing or receiving calls, you acknowledge and agree to Red Pocket’s right to terminate your Service under these circumstances.
H. Red Pocket may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
The parties intend that the limitations on liability, warranty and damage awards provided for in this Agreement will apply to the fullest extent allowed by law. Some jurisdictions do not allow the exclusion of certain warranties or the waiver, limitation or exclusion of liability for punitive, incidental or consequential damages, or for intentional or willful conduct in some circumstances. To the extent that applicable law does not permit any of these limitations, they will not apply to you.
A. Limitation of Liability. WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES OR DEVICES RELATED TO USE OF THE DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR DEVICE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE DEVICE, EQUIPMENT FAILURE OR MODIFICATION, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES, NOR FOR SERVICE LIMITATIONS OR INTERRUPTIONS. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. RED POCKET AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WE AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR (i) ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE DEVICE OR ANY EQUIPMENT USED IN CONNECTION WITH THE DEVICE UNLESS CAUSED BY OUR SOLE AND GROSS NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE DEVICE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
B. Indemnification. UNLESS CAUSED BY THE SOLE NEGLIGENCE OF RED POCKET, YOU SHALL INDEMNIFY AND HOLD RED POCKET, ITS OFFICERS, EMPLOYEES, SUPPLIERS OF SERVICE AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, JUDGMENTS, CAUSES OF ACTION, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES), AND LIABILITY OR DAMAGES FOR LIBEL, SLANDER OR INFRINGEMENT OF COPYRIGHT FROM THE MATERIAL TRANSMITTED VIA THE DEVICE OR SERVICE , AND AGAINST ANY AND ALL OTHER CLAIMS, DEMANDS, SUITS, JUDGMENTS, CAUSES OF ACTION, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES), LIABILITY, INCLUDING WITHOUT LIMITATION FOR ANY PERSONAL INJURY OR DEATH, ARISING IN ANY WAY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE DEVICE OR SERVICE (WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF SUPPLIERS OF SERVICE OR DEVICE). THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE DEVICE OR SERVICE UNLESS DUE TO OUR SOLE AND GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH APPEAL EXCEPT AS PROVIDED IN PARAGRAPH 5, BELOW. USE OF YOUR DEVICE WHILE OPERATING A MOTOR VEHICLE OR IN ANOTHER DISTRACTED OR NEGLIGENT MANNER MAY BE PROHIBITED, OR RESTRICTED BY LAW IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY US FROM CLAIMS ARISING FROM ANY SUCH UNLAWFUL OR NEGLIGENT USE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
C. No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR THE DEVICE OR ANY SERVICES OR DEVICES PROVIDED BY ANY THIRD PARTIES, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
V. RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
B. Arbitration Procedures. You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute has not been resolved within 90 days. 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. The WIA Rules and information about arbitration and fees are available upon request from the AAA online at www.adr.org. You and we agree that this Agreement 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. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party's election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
C. Costs of Arbitration. For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
D. Waiver of Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.
E. Limitations Period. Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted or otherwise limited by you.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. Red Pocket is not responsible for loss or disclosure of any sensitive information you transmit. Red Pocket’s wireless services are not equivalent to landline Internet. Red Pocket is not responsible for nonproprietary services or their effects on devices. RED POCKET RESERVES THE RIGHT TO TERMINATE YOUR SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS SERVICE. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited.
A. Privacy. We are not liable for any lack of privacy, which may be experienced with regard to the Service. You authorize our monitoring and recording of calls to us concerning your account or the Service and consent to our use of automatic dialing equipment to contact you. We have the right to intercept and disclose any transmission over our facilities in order to protect our rights or property.
B. Assignment. We may assign all or part of this Agreement without such assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent.
C. Notices. We may send you notice by mail or electronic means, in our sole discretion. Notices to you shall be effective 1) 3 days following the date deposited in the U.S. Mail or delivered to a nationally recognized courier or delivery service, postage prepaid and addressed to your address as kept in our files and/or 2) immediately upon our transmission using an electronic means such as e-mail or text messaging service. You are responsible for notifying us of any changes in your mailing or e-mail address. Written notice to us shall be effective when directed to our Customer Care Department (at the mailing address listed on our website) and received by us. Oral and electronic notices shall be deemed effective on the date reflected in our records. Your notice must contain specific information adequate to identify you and your Service.
D. Entire Agreement. These Terms and Conditions represent the entire agreement between you and us, which may only be amended as described in this Agreement. This Agreement supersedes any inconsistent or additional representations made to you by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. If, at any time, we do not enforce any right or remedy available under this Agreement, that failure is not a waiver of our right to enforce the right or remedy at a later time. Copied, microfiche, scanned or other duplicate or electronic images of this Agreement are admissible for all purposes.
E. Governing Laws. This Agreement is subject to applicable federal laws, federal or state tariffs, if any and the laws of the state associated with the Number. Where a state agency or the FCC regulates the terms and conditions of our Service, the regulations are available for your inspection; if there is any inconsistency between this Agreement and those regulations, this Agreement shall be deemed amended as necessary to conform to such regulations.
F. Capacity. You represent that you are legally competent to enter into this Agreement, and that you are not aware of any disability that would prevent you from entering into this Agreement.
G. Resale. Resale of our Service is permitted solely if you have advance written permission from us to do so. If you are purchasing Service for resale pursuant to such written permission, you agree to remit the appropriate taxes and/or fees to the appropriate taxation or regulatory body, respectively. You further agree to hold harmless Red Pocket Inc. for any taxes or fees resulting from the further use of any services purchased, and acknowledge that Red Pocket Inc. is neither collecting nor remitting any telecommunications taxes or fees for such purchases. If it is determined that you resold our Service but did not remit taxes or fees to the appropriate taxation or regulatory body, respectively, we reserve the right to bill you in arrears for any taxes and/or fees which should have been collected and remitted.
ILD CONSUMER AGREEMENT
This ILD Consumer Agreement ("Agreement") sets forth the terms and conditions that apply to Your purchase of international long distance services from Red Pocket, Inc. By using the ILD Services, You agree to the terms and conditions in this Agreement and any changes that may be made to the Agreement. If You do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting Customer Service at 1-888-993-3888.
"Account" refers to usage within a billing cycle for a predetermined set of international destinations purchased through Red Pocket, Inc and/or a prepaid balance established with Red Pocket, Inc. which are associated with the Consumer’s phone number allowing Consumer to purchase and use the ILD Service.
"Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom)
“Client” means Red Pocket, Inc. and its affiliates, distributors or retailers authorized to market and/or distribute the ILD Service.
“ILD Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides the Consumer with international calling capability.
“Consumer”, "You" and "Your" means the end-user of the ILD Service also the owner of the Account.
"Website" is the website found at Redpocket.com or such other location as designated by Client and contains the specific prices and charges, ILD Service descriptions and other terms and conditions not set forth here that apply to the specific ILD Service.
You can also request information about the specific prices and charges, ILD Service descriptions and other terms and conditions not set forth here that apply to the ILD Service by calling toll free at 1-888-993-3888. This Agreement incorporates by reference the ILD Service’s prices, charges, restrictions and the terms and conditions for using the ILD Service and/or owning an Account, as well as any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the ILD Service.
Charges and Payment
Price, Feature and Rate Changes
We may change the prices or features associated with the ILD Service from time to time, and such changes will be effective from the time they are posted or available through the Website. The terms and conditions of the ILD Service, including the rates for calls made and/or available destinations in conjunction with the use of the ILD Service are subject to change at any time without prior notice. All calls for the PAYGo ILD Service are billed in one minute increments. The PAYGo ILD Service expires 180 days after last use or 30 days after account suspension. There are no additional fees or surcharges associated with the ILD Services. The Unlimited ILD Service is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. UNLIMITED DOES NOT MEAN UNREASONABLE USE. In addition, certain destinations may be limited to an advertised maximum number of minutes. To minimize unreasonable use, each Unlimited Account will be allowed to call up to 10 unique destination numbers per Unlimited cycle which expire 30 days after initial funding or last renewal. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Account is renewed. You may contact Customer Service at 1-888-993-3888 or visit the Website if You have any questions about the ILD Service, including the international long distance rates or available destinations associated with the ILD Service.
Suspending/Canceling the Service
If We have reason to believe that You or someone else is abusing the ILD Service fraudulently or unlawfully through Your Account, or if Your form of payment for the ILD Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the ILD Service and close Your Account without advance notice. In the event of suspension or cancellation of the ILD Service due to any other aforementioned reasons, Elite Telecom may from time to time discontinue offering the ILD Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the ILD Service is contrary to any law, rule or regulation or upon Your violation of this Consumer Agreement.
The Unlimited ILD Service may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, 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. If usage, dialing or calling patterns We deem connote non-personal use, We reserve the right to suspend, terminate or restrict Your ILD Services with no prior notice and not allow You to reactivate the ILD Service.
Elite Telecom and its Client are not responsible for any ancillary costs incurred by You, including but not limited to, cell phone provider charges or fees and/or penalties incurred by the Consumer in the event the Consumer uses the ILD Service for any unlawful purpose.
Restrictions on Use; Intellectual Property
All of Elite Telecom and Client trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its Client and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the ILD Service and the Website. You are not permitted to commercially resell the ILD Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the ILD Service.
You agree that Elite Telecom or its authorized Clients shall not be responsible for any third party claims against Elite Telecom, Client and/or You that arise from Your use of the ILD Service or Your Account. Further, You agree to reimburse Elite Telecom and or Client for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.
Limitations of Liability
This section describes Elite Telecom’s or its authorized Clients responsibility for any claims for damages You may assert arising out of the failure of the ILD Service or any other claims You may assert in connection with the ILD Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any ILD Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Clients, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the ILD Service, the Website and/or the telecommunication services underlying the ILD Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the ILD Service are interrupted, or if there is a problem with the interconnection of the ILD Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Elite Telecom’s liability in such jurisdictions shall be limited to the extent permitted by law.
You acknowledge that (a) the ILD Service is provided by Elite Telecom “AS IS”, and (b) we make no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the ILD Service or any Elite Telecom product associated with the ILD Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the ILD Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Clients, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the ILD Service is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You.
No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Acts Beyond Our Control
Neither You or Elite Telecom or Client will be responsible or liable to the other for any failure to perform duties under this Consumer Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Client (Force Majeure Event), including but not limited to the failure to perform due to any of the following: fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or governmental agencies.
We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.
Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone number provided by You.
You may contact Elite Telecom by mail at:
You may contact Red Pocket by mail at:
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.
Changes to the Agreement
This Agreement may only be changed in the manner provided for in this section. Elite Telecom or Client may change this Agreement and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on the Website. You may also request a copy of the revised Agreement by calling Customer Service toll free at 1-888-993-3888.