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PATRIOT MOBILE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and Patriot Mobile, LLC and explain our respective legal rights regarding 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 PHONE AND IMMEDIATELY NOTIFY US AT (855) 566-1776 TO CANCEL SERVICE.

This is an agreement for wireless 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) that is doing business as Patriot Mobile. The term “Device” means wireless receiving and transmitting equipment that we have authorized to be programmed with the associated number.

I. SERVICE

A. Availability/Interruption.

Patriot Mobile customers have access to nationwide wireless coverage under the agreements between Patriot Mobile and its underlying carrier. 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 carrier 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. Patriot Mobile does not guarantee network coverage, network availability or network uptime in any manner whatsoever. Patriot Mobile does not guarantee uninterrupted service. Wireless service offered by Patriot Mobile 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 Patriot Mobile coverage areas. Your phone #’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 Patriot Mobile 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 Patriot Mobile or our authorized agents. You shall acquire no proprietary interest in numbers assigned by Patriot Mobile 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.

D. Release of Information.

You consent to our release of information about you when we believe release is appropriate to comply with the law (e.g. a lawful subpoena, E911 information); to enforce or apply our customer agreements; to initiate, render, bill and collect for Services; to protect our rights or property; to protect users of those Services and other carrier from fraudulent, abusive, or unlawful use of, or subscription to, such Services; 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. You are deemed to have reviewed and consented to our Privacy Policy posted on our website at www.patriotmobile.com

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.

II. CHARGES/PAYMENTS/DEFAULT

A. Account Balance.

After 30 days 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 Phone and replenishment airtime PINS. No refunds or other compensations will be given for returned, expired, lost, damaged, or stolen PIN Amounts deposited to your account expire between 0 to 365 days depending on PIN denomination. However, if additional amounts are placed into your account before the current account balance expires, the existing balance will be carried over to the new expiration date. 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 reinstate service. 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. 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 Patriot Mobile UNLIMITED and monthly plans: Airtime expiration is 30 days from date appropriate refill PIN is loaded onto your phone.

B. Use of Service/Rates.

Your Service rates and other charges and conditions can be found at www.patriotmobile.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. Visit patriotmobile.com for international rates and available countries applicable to your Patriot 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 thirdparty- billed, and collect calls. You will be billed at domestic rates for 800, 888, 877, and 866 number calls. 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. Directory assistance, Call Forwarding, 3-way Calling and Roaming are NOT available for Patriot Mobile UNLIMITED or monthly plans. 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, are considered international long distance calls and rated accordingly.

C. 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.

D. 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.

E. 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 Patriot Mobile, 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:

Patriot Mobile, LLC
Attn: CPNI
2271 E. Continental Blvd. #120,
Southlake, TX 76092

Include your name, home address, home telephone including area code, and personal identification number. Removing consent will not affect your current Service.

F. Regulatory Recovery Fee.

The Regulatory Recovery Fee is assessed by Patriot 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.

III. INTENDED USAGE & RESTRICTIONS ON USE

You agree that Patriot Mobile 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, data transmission, transmission of recorded material or broadcasts, call forwarding, conference calling or other use that does not consist of uninterrupted live voice or SMS messaging between two individuals. Patriot Mobile may terminate or suspend Service or change your plan to one that does not offer unlimited Service if Patriot Mobile determines that you are using the unlimited Service offer in an unauthorized manner as described in this section. Patriot Mobile will make reasonable efforts to give prior notice before taking any above action and you may terminate the unlimited Service.

A. Voice Services.

UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED voice services are provided solely for live dialog between two individuals. UNLIMITED voice services may not be used for conference calling, 3-way calling, call forwarding, any type of monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If Patriot Mobile finds that you are using an UNLIMITED voice service offering for anything other than live dialog between two individuals, Patriot Mobile may at its discretion terminate your service or change your plan to one with no UNLIMITED usage components. Patriot Mobile reserves the right to cancel, suspend or deactivate service 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 Patriot Mobile service. Patriot Mobile reserves the right to deny or terminate Service, without notice, to anyone Patriot Mobile believes is using the Service in any manner prohibited above or whose usage, in Patriot Mobile’s sole discretion, adversely impacts the Carrier’s network or customer service levels. Patriot Mobile will presume you are engaging in a prohibited use in violation of these Terms of Use if in Patriot Mobile’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 of Use, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, decline to renew your service, and/or offer you a different service plan with no unlimited usage component. Notwithstanding the foregoing, Patriot Mobile reserves the right to deny service, deactivate or cancel existing service to anyone for any reason at any time, in Patriot Mobile’s sole discretion.

B. Text Services.

UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED text services are provided solely for live messaging purposes between two individuals. UNLIMITED text services may not be used for Premium SMS which utilizes short codes, SMS chat programs, monitoring services, data transmissions, or other connections that do not consist of uninterrupted live messaging purposes between two individuals. If Patriot Mobile finds that you are using an UNLIMITED text service offering for anything other than live messaging purposes between two individuals, Patriot Mobile may at its option terminate your service or change your plan to one with no UNLIMITED usage components. Text messages are limited to 160 characters per message. Premium text messages are NOT permitted under UNLIMITED Text Services. Patriot Mobile currently supports international text messaging, but not as an UNLIMITED feature. Additional charges will apply for international text messaging. Patriot Mobile does not guarantee delivery of messages and reserves the right to change this offer as needed without notification. Text messages, including downloaded content, not delivered within 7 days will be deleted. Patriot Mobile reserves the right to change this delivery period as needed without notification. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. Patriot Mobile reserves the right to deny or terminate Service, without notice, to anyone Patriot Mobile believes is using Patriot Mobile service in any manner prohibited above or whose usage, in Patriot Mobile’s sole discretion, adversely impacts the Carrier’s network or customer service levels. Patriot Mobile will presume you are engaging in a prohibited use in violation of these Terms of Use if in Patriot Mobile’s sole opinion, you are placing an abnormally high number of text messages, 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 Patriot Mobile service in violation of the Patriot Mobile Terms of Use, or in any other manner that we deem to be unreasonable or excessive, then we may terminate and/or block individual messages, decline to renew your service, and/or offer you a different service plan with no unlimited usage component. Notwithstanding the foregoing, Patriot Mobile reserves the right to deny service, deactivate or cancel existing service to anyone for any reason at any time, in Patriot Mobile’s sole discretion.

C. Data Services.

UNLIMITED DOES NOT MEAN UNREASONABLE USE. UNLIMITED Data services are provided solely for personal, noncommercial 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 Patriot Mobile customer’s use of our service or that disproportionately impacts Patriot Mobile’s network or resources. Patriot Mobile 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 Patriot 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 Patriot 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 machineto- 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 Patriot Mobile’s network or resources.

D.

Patriot Mobile 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 Patriot Mobile web service. Patriot 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; (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. Patriot Mobile reserves the right to deny service, deactivate or cancel existing service to anyone for any reason at any time, in Patriot Mobile’s sole discretion.

E.

Patriot Mobile service plans are for individual use only and not for resale. Specifically, Patriot Mobile 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.

Patriot Mobile 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 Patriot Mobile service. Patriot Mobile 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 Patriot Mobile believes is using the Service in any manner prohibited above or whose usage, in Patriot Mobile’s sole discretion, adversely impacts the Carrier’s network or customer service levels. Patriot Mobile will presume you are engaging in a prohibited use in violation of these Terms and Conditions if in Patriot Mobile’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, Patriot Mobile 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 Patriot Mobile’s sole discretion.

G.

Patriot Mobile 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 Patriot Mobile: (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 Patriot Mobile customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network or Patriot Mobile or the Carrier’s ability to provide service to other customers; or (3) for any other reason in Patriot Mobile’s sole discretion. By initiating Service and placing or receiving calls, you acknowledge and agree to Patriot Mobile’s right to terminate your Service under these circumstances.

H.

Patriot Mobile 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.

I.

PATRIOT MOBILE SERVICE CANNOT BE USED FOR: (1) access to the internet, intranets, or other data networks except as the device’s native applications and capabilities permit, or (2) any applications that tether your device to a laptop or personal computer other than for the use of Wireless Sync, or (3) any other prohibited uses described herein. IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU ACKNOWLEDGE THAT THE USE OF THE PATRIOT MOBILE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. PATRIOT MOBILE MAKES NO WARRANTY THAT PATRIOT MOBILE SERVICES WILL (i) MEET YOUR REQUIREMENTS, (ii) ALLOW ACCESS TO ALL THIRD PARTY SITES, OR (iii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION OBTAINED FROM ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR THESE TERMS OF USE. You are responsible for all activities undertaken by you using the Patriot Mobile Services, including without limitation, the use of email. You shall not use, nor permit others to use, Patriot Mobile Services in a manner or for a purpose contrary to this Agreement.

IV. LIMITATIONS

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 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. PATRIOT MOBILE 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 PATRIOT MOBILE, YOU SHALL INDEMNIFY AND HOLD PATRIOT MOBILE, 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 ACCESS TELEPHONE NUMBER, 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 ACCESS TELEPHONE NUMBER (WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF SUPPLIERS OF SERVICE). 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 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.

A. Binding Arbitration.

It is intended that this provision be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.

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.

VI. MISCELLANEOUS

Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. Patriot Mobile is not responsible for loss or disclosure of any sensitive information you transmit. Patriot Mobile’s wireless services are not equivalent to landline Internet. Patriot Mobile is not responsible for nonproprietary services or their effects on devices. PATRIOT MOBILE 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.

ILD CONSUMER AGREEMENT Introduction

This ILD Consumer Agreement (“Agreement”) sets forth the terms and conditions that apply to Your purchase of Services from Patriot Mobile. By using the 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 (855) 566-1776.

Definitions

“Account” refers to usage within a billing cycle for a predetermined set of international destinations purchased through Patriot Mobile and/or a prepaid balance established with Patriot Mobile. which are associated with the Consumer’s phone number allowing Consumer to purchase and use the Service. “Client” means Patriot Mobile. and its affiliates, distributors or retailers authorized to market and/or distribute the Service. “Consumer”, “You” and “Your” means the end-user of the Service also the owner of the Account. “Website”; is the website found at www.patriomobile.com or such other location as designated by Client and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the specific Service. This Agreement incorporates by reference the Service’s prices, charges, restrictions and the terms and conditions for using the 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 Service.

CHARGES AND PAYMENT Price, Feature and Rate Changes

We may change the prices or features associated with the Service from time to time, and such changes will be effective from the time they are posted or available through the Website. 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.

Suspending/Canceling the Service

If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your Account, or if Your form of payment for the Service is canceled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account without advance notice. The Unlimited 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 nonpersonal use, We reserve the right to suspend, terminate or restrict Your Services with no prior notice and not allow You to reactivate the Service. Patriot Mobile 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 Service for any unlawful purpose.

Limitations of Liability

This section describes PATRIOT MOBILE or its authorized Clients responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any 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 forany 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 Service are interrupted, or if there is a problem with the interconnection of the 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, Patriot Mobile’s liability in such jurisdictions shall be limited to the extent permitted by law. any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for

Insurance Program

The Patriot Mobile Insurance Program is provided by an independent, third party insurance provider called Fortress. To learn more about Fortress visit their website at www.yourfortress.com. The FREE insurance offered by Patriot Mobile is the BASIC or PATRIOT PROTECTION PLAN which offers THEFT coverage in the USA with a rapid replacement program. This also includes other Fortress services such as SyncYourMobile, Battery Beacon, NukeYourMobile, Fortress Freedom & Fortress Connect. This insurance will be provided on ACTIVATION by a NEW SUBSCRIBER to the Patriot Mobile program who has LOADED a plan of $29.99 or higher. In order for the FREE INSURANCE to be activated and begin, the end user MUST DOWNLOAD and ACTIVATE the Fortress Insurance app. This program can only be used on SMART PHONES which have the ability to interact with the Fortress application software, which MUST BE loaded on your phone, then opened to be in effect. Please visit the Fortress website for more details and further information. Patriot Mobile reserves the right to cancel, adjust or amend its Insurance Program with no prior notice.

Give Back Program

Patriot Mobile at its sole discretion will provide a percentage of each bill to causes and or groups that it is affiliated with that support American Values. The interpretation of American Values is at the sole discretion of Patriot Mobile and by activating a plan with Patriot Mobile you agree to its Give Back Program. Patriot Mobile reserves the right to cancel, adjust or amend this program with no prior notice.

MISCELLANEOUS 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 Patriot Mobile 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, Patriot Mobile, 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 carrier or suppliers, or acts of regulatory or governmental agencies.

Assignment

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.

Notices

Any notice from Patriot Mobile 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 Us by mail at:

Patriot Mobile, LLC 2771

E. Continental Blvd.

#120 Southlake, TX 76092

Separability

If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

Governing Law

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.

Entire Agreement

This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between You and Patriot Mobile and its Clients and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in the changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither You or Patriot Mobile is relying on any representations or statements by the other party or any other person that is not included in this Agreement.

Changes to the Agreement

This Agreement may only be changed in the manner provided for in this section. Patriot Mobile 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 (855) 566-1776.

 


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