Patriot Mobile LLC
Terms and Conditions of Service
Thank you for choosing Patriot Mobile LLC (“Patriot Mobile ”), the only carrier that combines innovation and core values to offer a service that not only gives you mobile freedom, but also allows you to fight for conservative causes at no additional cost to you.
The following Terms and Conditions (“Terms”) are part of your agreement with Patriot Mobile for your wireless service (“Service”). If you activated your Service prior to January 26, 2017 (the “Effective Date”) of these Terms and Conditions, these Terms and Conditions replace and supersede any earlier version. Patriot Mobile is responsible for the Services as outlined in this document. If you have questions about your Service, call our customer service line at (877) 367-7524.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION. PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your agreement (“Agreement”) with us is made up of these Terms, in addition to any fixed-term agreement, and/or your Service Plan. We describe our Service Plans in our marketing materials and welcome kits, which include the rates and features we set for each Service Plan. In this Agreement, the words “we,” “us,” “our,” “Company,” or “Patriot Mobile ” refer to Patriot Mobile LLC. When you initiate use of our services – for example, by attempting to place/receive a call, including “911” or similar calls, (collectively “Service”) – you accept this Agreement and consent to being contacted by us on your mobile phone via free calls or texts.
Changes to this Agreement
Patriot Mobile MAY CHANGE THIS AGREEMENT AT ANY TIME. WE WILL NOTIFY YOU OF MATERIAL CHANGES, SUCH AS CHANGES THAT AFFECT THE RATES IN THIS AGREEMENT. IF YOU USE THE SERVICE AFTER THE EFFECTIVE DATE OF THE CHANGES, YOU ACCEPT THE CHANGES. IF YOU DO NOT ACCEPT THE CHANGES, YOU MAY TERMINATE SERVICE (BUT SEE TERMINATION; CHANGING SERVICE PLANS). For purposes of this Agreement, the term “use” includes keeping the right to access the Network by not terminating Service. (See Termination; Changing Service Plans).
Your Service Plan
You may select any Service Plan for which you qualify. Service Plans are either for a fixed length or month-to-month. Services and coverage under some Service Plans may be more limited than under other Service Plans. Your Service Plan sets forth the charges for Service and is your Service Plan until (1) that Service Plan is changed, (2) you switch to a different Service Plan, or (3) your Service terminates.
Changing Your Service Plan
If you would like to change your Service Plan to another Service Plan for which you qualify, you may contact Patriot Mobile Customer Service at (877) 367-7524. If you are currently enrolled in a fixed-length Agreement, you may need to consent to a new fixed-length Agreement or payment of the Termination Fee before changing to a new Service Plan. Changes are effective at the start of your next full billing cycle, unless we specify otherwise at the time you request the change. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full billing cycle, we will invoice you a prorated amount for the period during the previous billing cycle that the new Service Plan or service feature was effective.
Termination of Service
If you’re on a Patriot Mobile month-to-month Plan, you may terminate Service at any time, but you must provide us with at least 30 days advance notice. We may terminate Service at any time, with or without notice (subject to this Agreement). We may deactivate your Patriot Mobile number before you receive a notice of termination (if we choose to provide you with notice) to protect us from fraud or misuse without incurring liability. Termination by Patriot Mobile or you may be with or without cause. You must pay all charges for equipment and Service provided before termination, irrespective of who terminates Service. If Service is terminated prior to the end of your current billing cycle, we prorate (to the date of termination) the monthly recurring charge and bundled minutes.
If your Customer Agreement has a fixed length: (1) you have only a limited ability to terminate Services before the end of the agreed period of time; (2) you may only have a limited ability to change to another Service Plan before the end of the period; (3) we may require you to pay a termination fee; (4) we may not terminate Services before the end of the term without cause; and (5) if we terminate Services for cause prior to the end of the term, we may require you to pay a termination fee.
The early termination fee for term plans is $360 per line, reduced by $15 for each full month of your contract term that you complete or the remaining balance on the installment plan (retail price minus the months/amount paid to date) . Patriot Mobile will waive the termination fee when a new Customer terminates a fixed-length Customer Agreement, provided he or she does so within 14 days of the date the device was activated (“No Contract for 14 days”). You are responsible for the activation fee, express shipping or any service charges incurred during No Contract for 14 days. No Contract for 14 days applies to new customers only and does not waive fees for damaged or incomplete returns (see Warranty and Equipment Return Policy).
If you cancel because Patriot Mobile increases your rates, we will not charge a termination fee; however, you must cancel your service within 30 days of our notification to you of the rate increase (See “Changes to Agreement”).
For both month-to-month and fixed-length Plans, we may terminate or suspend your Service without liability if: (1) you breach any provision of this Agreement (including failure to pay any charges for Services); (2) you fail to pay any charges that you owe us for equipment or otherwise; (3) or we believe there may be fraud or misuse. If you cure the breach within 5 days, we may (but have no obligation to) reactivate your Service.
Our Provision of Service to You
Please note that some services may not be available or may operate differently in some locations. Your purchase of phones or other equipment from us is not a guarantee of Service. We reserve the right to decline to provide you with Service for any lawful reason.
Use of Service & Equipment
By subscribing to the Service, you attest to being 18 years old, and agree that you will not use the Service or equipment in any unlawful, fraudulent or abusive manner. You are not permitted to resell or lease Service or equipment to anyone.
Patriot Mobile Service
Patriot Mobile Service is available within the operating range of the servicing Network. However, actual coverage, quality and availability of coverage may vary based on network, signal strength, your equipment, terrain, structures, weather and other limitations or conditions beyond our control. We do not guarantee that there will be no interruptions or delays in Service. Your phone will not accept the services of any mobile provider other than Patriot Mobile unless you have altered your phone to accept such services. Our unlimited voice services are provided only within the United States for live dialog between two individuals.
Patriot Mobile will assign a phone number (“Number”) to the phone or other equipment that you use on the Patriot Mobile Network. You do not own the Number we assign to you. You are not permitted to (1) modify the Number we program into any phone or other equipment; (2) transfer or duplicate the Number to any phone or other equipment other than that authorized by us or that is in accordance with the FCC’s number porting rules; or (3) transfer the Number to any other person or entity. Your Number may change upon area code changes or other circumstances outside our control.
As we provide telecommunications products and Services to you (the subscriber), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill (“CPNI”). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us. For some accounts with a dedicated Patriot Mobile representative, we may rely on contacting your pre-established point of contact as the standard authentication measure.
In order to access the Internet or check email using your mobile phone (“Data Services”), you will need a data-compatible phone. The type of Data Services available depends on your handset model. Smartphone customers must maintain a Data Services plan. When you browse the Internet, you are charged based on the amount of data transferred (e.g. KB, MB). Your use of Data Services is subject to any memory, storage or other equipment limitation. We do not guarantee access to Data Services or uninterrupted browsing. Domestic Data Services may not be available when you are roaming off the Network. International Data Services are available while roaming off the Network and will be billed at international Data Services rates. Note that your Number may be transmitted to sites you visit.
Your purchase of goods, content and services (including subscription plans) from other companies (“Mobile Content”) is at your own risk. You are responsible for all Mobile Content purchases that you make with any phone assigned to your account. Charges for Mobile Content will appear on your bill, including (in certain cases) charges on behalf of other companies. You may restrict Mobile Content purchases by calling Customer Service and requesting a data services.
In addition to the cost of the Mobile Content, we will also charge you for the amount of data transferred (e.g. KB, MB) during Web Browsing while downloading your purchased item. If your phone needs to be replaced, you may need to download and purchase any previously downloaded items again. Note that ringtones and graphics are protected, copyrighted materials and may only be used for individual, personal use. You may not copy, transfer, or distribute ringtones or graphics without the prior written consent of the content owner.
Not all phone models allow text messaging (SMS). We charge you for all incoming and outgoing text messages. We bill international text messaging at international text rates.
You may restrict SMS-based Mobile Content purchases by calling Customer Service and requesting a text messaging block.
Prohibited Network Uses
To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our Service in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Patriot Mobile’s network or systems. Patriot Mobile reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses detailed below or if Patriot Mobile, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.
Examples of prohibited voice uses: Patriot Mobile voice services are provided solely for live dialogue between, and initiated by two individuals for personal use and as otherwise described in this policy. Patriot Mobile Service may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals.
Examples of prohibited data uses: Patriot Mobile data services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or online gaming. Our data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files, or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either Patriot Mobile’s wireless services or other parties’ Internet-based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user; (vi) for an activity that connects any device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage); or (vi) for any other reason that, in our sole discretion, violates our policy of providing service for individual use.
Unlimited Use Plans. If you subscribe to any Service described as “unlimited,” you should be aware that such “unlimited” plans are subject to these Patriot Mobile Prohibited Network Uses.
All domestic calls are included in your Patriot Mobile plan. You will not receive Roaming charges.
If you do not want people you call to receive the number assigned to your phone, you must call Patriot Mobile Customer Service for information about automatic Caller ID blocking. You may block the number assigned to your phone on a per-call basis by dialing *67 + Destination Number + TALK (or similar key). Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your number is dependent on receiving the information from the calling party.
Patriot Mobile does not allow you to complete calls from your number to 900, 976 and similar numbers for pay-per-call services.
Patriot Mobile allows its customers to use their Patriot Mobile phone to make calls from the U.S. to international numbers. Rates are available in the International Calling Section of www.PatriotMobile.com.
In select countries, you may use your Patriot Mobile phone to complete calls while traveling abroad. Prior to travel you must call Patriot Mobile Care to initiate this feature. Your ability to use Patriot Mobile service while traveling abroad depends on your phone type. View these rates online at www.Patriot Mobile - Global calling. NOTE: in order to prevent unexpected international charges while you are traveling abroad, we recommend that you keep your phone turned off or in airplane mode when it is not in use.
Lost or Stolen Equipment
If your phone or other equipment is lost or stolen, you must notify us by calling Patriot Mobile Customer Service. During the period before you notify us of the loss or theft, you are responsible for the monthly recurring charges. Upon notification to us of any loss or theft, we will deactivate Service to the Number. We may require you to give us evidence of the loss or theft (for example, through a police report or affidavit). If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Service, as well as require you to pay a reactivation fee. Reactivation is at the sole discretion of Patriot Mobile. We will deactivate Service to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree that you will reasonably cooperate with us in any investigations of suspected unlawful or fraudulent use.
Patriot Mobile’s goal is to ensure that you are completely satisfied with your purchase. If you find it necessary to return your purchase, your ability to return or exchange varies based upon the number of days that have elapsed following your purchase.
All new devices purchased from Patriot Mobile come with a one-year manufacture warranty from original date of sale. All certified devices purchased from Patriot Mobile come with a 90-day warranty from original date of sale. Other devices brought to Patriot Mobile through the ‘bring your own device’ program are not covered.
If you’re not happy with your new device or accessories, you can return or exchange them in undamaged, like new condition within 14 days of your activation date. iOS devices must be removed from Find My iPhone prior to returning. All devices must be erased of personal content and settings, and passcodes must be disabled.
You’ll be charged a $35 restocking fee for each device you exchange or return. If your device in a damaged condition, you’ll be charged full retail price or the price of missing or damaged parts.
New devices have a one year manufacturer's warranty, Certified and non certified devices have a 90 day warranty. Defective equipment that is covered by the manufacturer’s warranty will be replaced according to the terms of the manufacturer’s warranty. If you would like to replace your equipment pursuant to the manufacturer’s warranty or the 90 day certified warranty, call Patriot Mobile Customer Service at (800 272-8746) for return authorization and shipping instructions. Warranty replacements are not available under the Bring Your Own Device program.
You are required to pay, by the due date indicated on each invoice, all charges for Services provided for the Number for each phone or other equipment that our records show you activated, regardless of who actually uses or has possession of the phone or other equipment during the provision of Services. Examples of these charges include (1) recurring monthly service charges, (2) local and long-distance toll charges, (3) usage charges (voice, text, and data), (4) connection fees, (5) misc charges, (6) directory assistance, (7) call completion charges, (8) optional features you select at an extra cost, and (9) taxes and other surcharges. Charges for a call placed to or from your Number begin when you press TALK (or similar key) and end when the call is terminated. To ensure the call is terminated, you must press END (or similar key).
Charges for most services are incurred in one-minute increments, and partial minutes of use are rounded up to the next highest minute. Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equals 1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to KB, so you will be charged at least 1 KB for each data usage session (“data session”). Rounding occurs at the end of each data session, and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent.
Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. Unless we state otherwise in your Service Plan, monthly Plan Charges are invoiced one billing cycle in advance. Airtime overage is invoiced retroactively to the first minute based on your Service Plan for your total usage in your billing cycle. Overage charges are usually invoiced as soon as possible after the charges accrue. Nevertheless, we may invoice you for usage and charges occurring before the current billing cycle, if we did not previously invoice you for them.
If we invoice you for usage you incurred during a prior billing cycle, those minutes will be applied to your Service Plan minutes for the current billing cycle. However, if you have changed your Service Plan between the time the usage was incurred and the beginning of the current billing cycle, we will charge those minutes from the prior billing cycle at the applicable per-minute rate set out in the Service Plan in effect at the time the usage was incurred.
If you have authorized payment for Service or equipment by credit card or by debiting a bank account, you must promptly notify us of any change in your billing address or of the credit card or bank account you use for payment. We reserve the right to require you to pay or pre-pay by money order, cashier’s check or some other secured form of payment. We may charge an additional fee for any check or other negotiable instrument that you endorsed and a financial institution has returned unpaid for any reason.
You may be liable for all charges on an invoice unless you raise any dispute about any charges invoiced to you within 180 days of the date of the invoice. To notify us of any dispute, call Patriot Mobile Customer Service. We will not consider calls to our sales or general business offices as notice of a dispute. You are not required to pay any properly disputed amounts while we investigate them; however, you are required to pay amounts not in dispute by the due date. Once we have completed our investigation, all charges that we have not removed as a result of the investigation are due and payable.
If we require you to make a deposit to establish or keep Service, we will hold the deposit as partial guarantee of payment for Service. We reserve the right to change the deposit amount at any time to reflect revised estimated monthly charges based upon your usage. You may not use a deposit to pay any invoice (unless you use it to pay toward a final invoice) or delay payment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined by your credit and payment history. The rate of interest on the deposit is subject to change. If Service is terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding charges and return any excess to you at your last known address within 75 days after termination of Service. If the U.S. Postal Service cannot deliver the money to you and returns it to us, we will hold it for you for one year from the date of return, and we may charge a monthly servicing fee against the deposit balance. Any money that we hold during this one-year period will not accrue interest for your benefit. You forfeit any portion of the money that remains after the one-year period, except where such forfeiture is prohibited by law.
Phone Activation Fee
We may require you to pay a non-refundable fee when you (1) activate a new Number, (2) have us switch a Number to a different phone, (3) change the Number on your existing phone, or (4) activate an additional phone on your existing account. More information about applicable fees is set out in your Service Plan or can be obtained by calling Patriot Mobile Customer Service.
To receive Service, you must have and keep satisfactory credit. We will verify your credit before we agree to provide you with Service and we may verify your credit at any time while we provide that Service. Our credit verification process will include a review of credit reports from commercially available credit bureaus. Upon acceptable credit, term plans or term device plans will be offered. Depending on credit score, a limit may be set on the number of devices or the total value of devices that can be included in an Installment plan. We may require a deposit from you (see Deposits). If at any time we suspect fraud, in our sole discretion, we may suspend your Service and require you to provide payment on account or a guarantee of payment before we resume your Service. We may ask that you provide us with information we reasonably require to determine whether you qualify for Service.
Taxes & Surcharges
We invoice you for taxes, surcharges and other charges levied by federal, state or local authorities, or foreign governments on the Service, mandated to be paid in proportion to receipts from telecommunications services provided, or applied to sales of equipment (except for taxes based on our net income), if we pay these taxes or other surcharges. Taxes, surcharges and charges not directly paid by us are not invoiced to you, but payment to the taxing or levying authority of any applicable taxes, surcharges and charges due from you are your responsibility. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we receive a valid tax-exempt document. We also invoice you for surcharges that we collect and keep to pay for the costs of complying with government programs such as number pooling and portability, and Enhanced 911 service; these charges are not taxes nor government imposed assessments and are described in the “Miscellaneous Charges” section below.
FCC Universal Service Fee (“USF Fee”): The USF Fee applies to all Customers, and is calculated as a percentage of the interstate and international charges of the customer’s current bill. It is based on the percentage assessed by the Federal Communications Commission (FCC) on mobile carriers for the support of universal service. The USF Fee will change to match any modification made by the FCC to its charge to Patriot Mobile .
Regulatory Charge: The Regulatory Charge recovers some of the costs that Patriot Mobile incurs in complying with government regulations, including those that relate to mobile number portability. This charge is not a tax and we are not required to collect it by law. The components used to calculate this charge and the charge itself may change from time to time. Suspension Fee: When Service is blocked for non-payment of charges, we will apply a $15 suspension fee to your account. Reactivation fees may apply.
Limitation of Liability
Except as otherwise stated in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors or defects) does not exceed:
where the case relates to a specific piece of equipment, the prorated monthly recurring charge (“MRC”) for Service to the piece of equipment during the affected period, or
where the case does not relate to a specific piece of equipment, the prorated MRCs for Service to you during the affected period.
Patriot Mobile is not liable for any damage arising out of or in connection with the following:
your negligent or intentional act or omission;
any act or omission of any telecommunications service or other service provider other than Patriot Mobile;
any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Service; any directory listing;
any dropped calls;
any late or failed message delivery;
traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phones, equipment or accessories used in connection with the Services;
the use of Patriot Mobile data services, including the accuracy or reliability of any information obtained from the Internet using Patriot Mobile data services, or Internet services, content or applications not supported by Patriot Mobile; any interruption or failure of 911 or E911 emergency services or identification of the number, address or name associated with any person accessing or attempting to access emergency services from your phone;
any Mobile Content you install on your phone or other equipment;
the installation or repair of any products or equipment by parties who are not our authorized employees or agents; or
any use of your phone or other equipment whether or not authorized by you;
You agree to indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Service or equipment used in connection with the Service; or (2) any communications you make or receive using the Service. This indemnification extends to and includes any attorneys’ fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives termination of this Agreement.
No Consequential or Other Damages
Patriot Mobile WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES FOR ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICE. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, OR COST OF REPLACEMENT PRODUCTS AND SERVICE, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Disclaimer of Warranties
WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY Patriot Mobile . WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY Patriot Mobile , THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE SERVICE IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Dispute Resolution by Mandatory, Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary: Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling Customer Service at (877) 367-7524. In the unlikely event that Patriot Mobile's Customer CARE department is unable to resolve a complaint you may have to your satisfaction (or if Patriot Mobile has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court, your state’s Public Service Commission or an appropriate federal or state governmental agency instead of courts of general jurisdiction. You maintain your right to file a complaint with your state’s Public Service Commission regarding the service provided and/or charges imposed by Patriot Mobile . Nothing in this paragraph or this Agreement in any way eliminates or abridges that right. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Patriot Mobile will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from Patriot Mobile to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Patriot Mobile will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what Patriot Mobile has offered you to settle the dispute.
Patriot Mobile and you agree to resolve all disputes and claims between us through either arbitration or the filing of a complaint with your state’s Public Service Commission or an appropriate federal or state governmental agency. This agreement to arbitrate is intended to be broadly interpreted. The term “disputes,” as used in this Agreement, includes, but is not limited to:
All claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (including but not limited to claims under the Telephone Consumer Protection Act, and other federal and state statutes);
claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.
References to “Patriot Mobile ,” “you,” and “us” include our respective subsidiaries, affiliates, representatives, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Patriot Mobile are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions – not state law – govern all questions of whether a dispute is subject to arbitration.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Patriot Mobile should be addressed to: Glenn Story, CFO Patriot Mobile LLC,2271 East Continental Boulevard, Suite 120, Southlake TX, 76092 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Patriot Mobile and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Patriot Mobile may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Patriot Mobile or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Patriot Mobile is entitled.
After Patriot Mobile receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $125 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, Patriot Mobile will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Patriot Mobile and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Patriot Mobile will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Patriot Mobile for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Patriot Mobile’s last written settlement offer made before an arbitrator was selected, then Patriot Mobile will:
pay you the amount of the award; and
pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
If Patriot Mobile did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws Patriot Mobile may have a right to an award of attorneys’ fees and expenses if it prevails in arbitration, Patriot Mobile agrees that it will not seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND Patriot Mobile AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Patriot Mobile agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Patriot Mobile makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Unless otherwise required by this Agreement or Applicable Laws, (1) you may provide us with any required legal notices by calling Patriot Mobile Customer Service, and (2) we may provide you with required legal notices by leaving a message for you on your mobile phone, answering machine or with your answering service.
You may obtain our current address for written notice by calling Patriot Mobile Customer Care. Written notice is deemed delivered 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed. Written notice is deemed delivered 3 (three) days after deposit in the U.S. mail, postage prepaid and properly addressed or, if by email, by the sent date/time stamp. Addresses for notice purposes may be changed by giving notice as provided in this section.
Choice of Law
This Agreement is governed by and construed under the laws of the state of Texas without regard to choice of law principles.
The failure of either of us to enforce any right or remedy available under this Agreement is not a waiver of the right or remedy for any other breach or failure by the other party. If we waive any requirement in any one instance, it is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings in this Agreement are for descriptive purposes only and are not used to interpret this Agreement. You are prohibited from assigning this Agreement to any other person or entity. This Agreement constitutes the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. This Agreement is subject to any applicable federal and state law (collectively, “Applicable Laws”). If there is a conflict, Applicable Laws control over the Service Plan and the Terms, and the Service Plan controls over the Terms. Changes to Applicable Laws are effective as provided in the Applicable Laws.
Last updated January 26, 2017.