TERMS AND CONDITIONS OF SERVICE
Thank you for purchasing a Monthly Data Plan from Mobility Help Desk! Please read our terms and conditions carefully.
1. SCOPE OF TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service ("Terms") carefully. These Terms are a legally binding agreement ("Agreement") between you and Verilytics, Inc. DBA Mobility Help Desk. ("MHD"). THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 12 BELOW.
By purchasing, activating, and/or using any MHD product ("Product") or service ("Service"), you the customer ("You") acknowledge and agree to these Terms and Conditions of Service. MHD reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at selfserve.mobilityhelpdesk.com. These Terms and Conditions of Service are subject to change at any time without notice. Check our website for the most current version of these Terms and Conditions of Service. MHD uses Contractors to assist us with certain functions including wireless device activation, wireless service account maintenance, wireless device activation, and wireless network operation and maintenance. For purposes of these Terms and Conditions only, MHD's Contractors (e.g., wireless network operators, activation and account management providers, distributors, and retailers) and the services that they provide to MHD will be referenced as if they are a single entity with or subsidiaries of MHD, which is how they will perceived by customers like you in connection with MHD's wireless services.
For assistance or more information, please contact MHD at 888-333-5958
2. ACTIVATING YOUR MHD SERVICE
To use MHD's cellular wireless service ("MHD Service" or "Service"), you must first purchase and activate a device (e.g., cellular wireless enabled things) that is compatible with MHD Service. You must also purchase a MHD service plan and have selected to be billed for overages on your account. You may activate your MHD Service by visiting our website at selfserve.mobilityhelpdesk.com. You will be prompted for an email address upon registration at MHD's website. You will use this email address to create and access your account. Upon registration, you will have the opportunity to provide your address and to set up a password for your account. If you elect not to provide your address, you may not be able to obtain copies of your usage reports except upon service of a valid Subpoena or a Court order.
When you activate your Service. Please note that you have no ownership rights to any telephone number, Internet Protocol (IP) address, or any other identifier associated with your wireless service, and you acknowledge and agree that we may change any such telephone number, IP address or other identifier associated with your MHD Service at any time without prior notice to you. Once you have been assigned your MHD telephone number, you cannot change the telephone number or your Service plan until your Service End Date (as described below) without losing any unused Service balance. If you change your assigned telephone number prior to your Service End Date, you will lose any unused Service balance.
Your MHD Service can only be activated where MHD Service is offered and supported by MHD. MHD Service is provided at MHD's discretion. The wireless telecommunications networks used to transmit calls, text messages, multimedia messages, and data for the Service are owned and operated by licensed commercial mobile radio service providers ("Carriers"), and not MHD.
Certain features and functions may not be available throughout the entire network or their functionality may be limited in certain geographic areas. All plan rates, features, functionality, and other product specifications are subject to change without notice or obligation.
If you purchased a SIM card and are using your own compatible device with the MHD Service, it must be compatible, and not interfere with our service, and must comply with all applicable laws, rules and regulations. You are responsible for ensuring that any compatible wireless device that you use is compatible with the MHD wireless service and that your device meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware, software and/or internet access required in order to use your non-MHD product on the MHD Service. MHD Service will only work with wireless devices that are compatible with our network. Not all services are available with all wireless devices or on all networks.
If you notify us that your Product is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred. At MHD's discretion, service may continue until the Service End Date.
3. TERMINATION OF SERVICE
Either party may terminate this Agreement (which will terminate the provisioned MHD Service) at any time, for any client that has been provided custom pricing, all lines of service, regardless if customer priced or rack rate will have an early termination liability equal to 3 months of service. Any unused service at the time of termination will not be refunded. MHD may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your MHD product and/or wireless service for an unlawful purpose or in a way that may adversely affect our Service, if you engage in any deceptive or unfair conduct with respect to your MHD product and/or wireless service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of MHD Products.
4. MHD SERVICE PLANS
MHD Service includes but is not limited to the following service plan options: 0MB, 0GB, 100MB, 500MB, 1GB, 2,GB, 5GB, 10GB, 20GB, 30GB, 50GB or 100GB. We strive to transfer data from your MHD service to the IP address or SMS destination via the most energy efficient connection protocol available which generally means the fastest data connection protocol available up to and including 4G LTE. Connection protocols and thus data speeds are dependent on your MHD service’s capabilities and the type of data coverage available at the location of your MHD service. Actual data speeds are further affected by existing and changing network conditions. You can designate how overages are handled in your account settings. You will be billed for overages above your subscribed plan, we will continue providing high speed data up to and including 4G LTE in excess of the plan amount at the billing rate stated in your account settings.
MHD does not support international SMS messaging. Attempting to send international messages where not permitted or supported could result in Service deactivation. In the event of a deactivation, your data balance previous to deactivation will be cleared from the account.
5. YOUR MHD SERVICE
Your MHD service will only operate when (1) your Service is active AND (2) you have selected to be billed for overages at the overage rate in your account settings. Texts, data, and Service days do not have cash value and do not accumulate. MHD Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances that expire by your Service End Date; (ii) unused Service balances on your MHD service if it is lost or stolen.
Service End Date: Your "Service End Date" is the last day of your Service Period. You can find your Service End Date by visiting selfserve.mobilityhelpdesk.com, logging in, and visiting your Account Settings.
MHD Auto-Refill: You are enrolled in a monthly auto-refill by saving an accepted, valid payment method in your account settings. You will receive a recurring charge to your entered method of payment on your Service End Date each month or year which will automatically refill your MHD service with the MHD Service Plan you select. Your Auto-Refill is determined by the last plan that you have used with your MHD service. For example, if you purchase a Service Plan, your Auto-Refill will occur every 1 month at the same data level as the previous month. To change this, you must change your account settings.
Credit Card Fraud: Credit card fraud and identity fraud are criminal offenses. At MHD, we use automated and manual systems to obtain and confirm proper credit card authorization. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data, location information, and email addresses is collected and will be provided to appropriate law enforcement officials to assist in the prosecution of any persons that MHD has reason to believe is attempting to commit fraud in connection with their purchases and other transactions on the MHD website or the websites of our Contractors.
You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
6. USE OF SERVICE
MHD Service is for individual or commercial use only and may not be offered for resale. MHD reserves the right to take measures to protect the Carriers' networks (i.e., MHD's Contractors' networks) and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using the MHD Service in a manner that adversely impacts the Carriers' networks. We may monitor the compliance of customers with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
MHD Service is not intended for use by children. In the event that you, as a legal guardian allow your child to use MHD Products and Services, you acknowledge that your child has the permission to access the Internet. You further acknowledge that as a legal guardian, it is your responsibility to supervise content sent to the public Internet by your child while using MHD Products and/or Services, and it is your responsibility to determine whether use of the Internet via MHD Service is appropriate for your child. If you access the Internet with the MHD Service, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites. Availability and reliability of MHD Service is subject to transmission limitations, and your actual device speed may vary from time to time. Access to certain websites may be blocked or unavailable due to carrier or other restrictions. You agree that MHD is not responsible for and has no liability for content (e.g., photos and videos) sent to the public Internet by you or your child. For the 8MB and 12Mb Unlimited service offerings (Powered by AT&T), MHD and its contractors reserve the right to throttle the speed on the 8MB after 50GB’s of usage and after 75GB’s of usage on the 12MB service. Additionally, no audio or video streaming services are allowed on these 2 service offerings (ie: Netflix, Pandora, YouTube, etc.). Use of any streaming services on these services will be considered cause to terminate the services.
7. SERVICE AREA MAPS AND COVERAGE MAPS
You will find Service Area Maps and Coverage Maps on our website. These maps are for general informational purposes only. The coverage maps are provided by our Contractors (i.e., wireless network operators) and depict the general coverage area of MHD. The coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network's roaming partners, if applicable. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage, especially for data service. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds, or no data connectivity. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your MHD Product's proximity to buildings, foliage and other obstructions, weather and other conditions. Areas with weak coverage may significantly reduce battery life of MHD Products. Your MHD Product will work outside of coverage areas, but content (photos and videos) will not be transmitted via the MHD Service to the destination you have designated. The coverage depicted on the MHD coverage maps is based on the information provided by other carriers and public sources, and we cannot guarantee their accuracy. MHD is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Although MHD Products support roaming, MHD Service does not support roaming. International Roaming is strictly prohibited. You will not be able to send or receive data via your MHD service on the MHD Service outside of the United States. When outside of the United States, you may modify your wireless device to operate on another wireless service provider network (e.g., use a SIM card from a carrier in that location).
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL MHD, ITS EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE ANY MHD PRODUCT AND/OR SERVICE INCLUDING, WITHOUT LIMITATION, VOICE SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, MOBILE WEB SERVICES OR OTHER WEB CONTENT, EVEN IF MHD, OR THEIR RESPECTIVE CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, MHD, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $100.
10. DISCLAIMER OF WARRANTIES
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING THE CONDITION OR FITNESS OF THE SERVICES OFFERED OR USE OF THE SERVICE FOR ANY PARTICULAR USE OR PURPOSE, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. MHD DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON ITS BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY MHD. YOU ACKNOWLEDGE THAT MHD SERVICE IS PROVIDED "AS IS" AND MHD MAKES NO WARRANTY TO YOU OR TO ANY THIRD PARTY WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE SUITABILITY, DURABILITY, DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR USE OR PURPOSE OF THE SERVICE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, MHD EMPLOYEES, TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOUR USE OF THE MHD SERVICE IS SOLELY AT YOUR RISK.
You agree to defend, indemnify and hold harmless MHD, its affiliates, licensors, employees, and Contractors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions of Service or your use MHD Products and/or Service, including, but not limited to, your use of MHD's Products and/or service including other than as expressly authorized in these Terms and Conditions of Service.
12. DISPUTE RESOLUTION
Most customer concerns can be resolved to your satisfaction by contacting MHD at http://www.mobilityhelpdesk.com or by phone at 888-333-5958. You can also contact us in writing at MHD Support, 10332 W. Ustick Rd. Boise, Idaho 83704 and provide a description of your dispute, all relevant documents, and your proposed resolution prior to taking any formal action. You further agree to submit your dispute to binding arbitration or small claims court as set forth herein if we are unable to resolve your dispute within 60 days of your notice to us.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF MHD'S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND MHD FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
All claims by you against MHD or our Contractors will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to MHD, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879. You and MHD agree that use of the MHD Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and MHD agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and MHD agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Unless you and MHD agree otherwise, the location of any arbitration shall be in Boise, Idaho. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State of Idaho.
CHOICE OF LAW
This Agreement shall be construed under the laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule of the State of Idaho or any other jurisdiction.
14. WAIVER AND SEVERABILITY
No waiver of by MHD of any term or condition set forth in these Terms and Conditions of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MHD to assert a right or provision under these Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Service will continue in full force and effect.
15. ENTIRE AGREEMENT