These terms of service (“Terms of Service”) apply to your use of US Mobile’s mobile services (“Services”). These Terms of Service apply to all of the Services we offer, including the rates, features and terms related to the call minutes, text messages and Internet data you use.
The Terms of Service become effective when you accept them, which you do by making a purchase from our website. We may change our Terms of Service, including our prices, from time to time. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service.
Services and network coverage
We cannot guarantee that a device not provided by US Mobile or its affiliates will be able to access and use the Services you have purchased. Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by damage to your device. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. Any statements or maps provided by us or our authorized dealers and resellers about coverage are intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should never rely solely on your mobile phone for emergency calls, including to 911.
Suspension or termination
We reserve the right to issue a warning and to suspend or terminate your service and access to the gousmobile.com website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion.
For a Credit Card Chargeback, if the Chargeback is not resolved and reversed, your account will be deactivated and we will assess you a termination charge equal to the balance in your account, which is not refundable. If your account is reactivated subsequently, you may be charged a fee for each Chargeback.
You agree not to use our services in any way that is illegal, fraudulent, threatening or abusive, as we determine in our sole discretion. You may not use your phone or device, or our service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity.
If you intentionally send spam, we may terminate your service without further notice. If we terminate your service, your account will be deactivated, you will lose your mobile phone number, and we will assess you a termination charge equal to the balance in your account, which is not refundable.
Mobile phone number
The mobile phone number we provide is for your use while you are a customer. If you cancel your service or your account is deactivated, we may give your mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). While we do not expect to change your mobile phone number, and such changes are rare, under certain circumstances, we may be required to change your mobile phone number; if we do so, however, we will notify you prior to any change.
US Mobile's unlocking service helps customers use their otherwise locked devices on US Mobile's network. Our goal is to help customers take advantage of savings by moving to US Mobile's flexible and affordable usage plans. On August 1st 2014, President Obama signed a bill into law that again made it legal for consumers to unlock their cell phones in order to take them to a carrier that best suits their needs. By using US Mobile to unlock your phone, you agree to the following conditions:
You agree that you are using US Mobile's unlocking service for a device that you own, or with the consent or direction from another person who owns the device, solely in order to enable you or other said owner to connect to US Mobile's wireless telecommunications network.
US Mobile has the right to deny your unlocking request without assigning any reason.
Your device is not under contract with another carrier.
You agree to pay all fees and penalties if you unlock your device while still under contract with another carrier.
You agree to use US Mobile's services at your own risk. US Mobile will not be responsible for any loss or damage to the device.
We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.
We and you each agree to contact each other first with any disputes. You must contact us with any dispute by the means indicated on our website. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute.
If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.
Limitation of liability, indemnity
We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our Services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, content, or lost messages from your voicemail system.
You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.
Effect of terms of service
These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.
Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of Delaware, except in the case of a customer resident in the State of California, in which case such disputes shall be within the exclusive jurisdiction of the federal or state courts of or in the California county in which the customer primarily uses the US Mobile service.
You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.