Your U2C Mobile service is provided by U2 Connect Now, LLC, including its affiliates, assigns and agents (“U2C,” “we,” “us” or “our”). These Terms and Conditions (“T&Cs”) are part of your service agreement with U2C and constitute a contract under which we provide you Service under terms and conditions that you accept. Your service agreement (“Agreement”) with us includes (i) these T&Cs, (ii) our website Terms of Use located at https://u2connectnow.com/terms-and-conditions. (iii) our Privacy Policy located at https://u2connectnow.com/support, (iv) our Acceptable Use Policy located at https://u2connectnow.com/support, subscriber agreement or transaction materials that you sign or accept, (vii) the service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (viii) any confirmation materials that we may provide to you, (ix) the terms set forth in any applicable coverage map brochures, and (x) any other supplemental terms and conditions that we provide or otherwise make available to you. In the event of a conflict between these T&Cs and any other materials that makeup the Agreement, these T&Cs shall govern to the extent necessary to resolve the conflict.
Please read these T&Cs carefully. They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, embedded SIM (“eSIM”) (SIM card and eSIM used interchangeably as “SIM Kit”), data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, taxes, fees, assessments, and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court. You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new T&Cs.
Conditions
1. Acceptance
YOUR AGREEMENT WITH U2C STARTS WHEN YOU ACCEPT. You represent that you are at least the age of majority in your state of residence (twenty-one (21) years old or legally emancipated if you are a Puerto Rico customer) and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or a “U2C Mobile Device” (a Device purchased from U2C, a U2C dealer, or other U2C authorized retailer (“Dealer”) for use with the U2C Service). IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.
2. Dispute Resolution and Arbitration.
U2C AND YOU AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, DEVICES OR PRODUCTS, WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL, NON-REPRESENTATIVE, BASIS. This includes any claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, Dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. U2C and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 22). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). For all disputes (except for Puerto Rico customers), you must first give us an opportunity to resolve your claim by sending a written description and supporting documentation of your claim to the address set forth in Section 12 below. U2C and you agree to negotiate your claim in good faith. If U2C and you are unable to resolve the claim within sixty (60) days after U2C receives your claim description and supporting documentation, you may pursue your claim in arbitration. As an alternative to arbitration, U2C may choose to resolve billing disputes in small claims court in the county of your most recent billing address. U2C and you agree that if you fail to timely pay amounts due, U2C may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement. Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section 12) to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims of less than Seventy-Five Thousand Dollars ($75,000.00), the AAA’s Consumer Arbitration Rules will apply, for claims over Seventy-Five Thousand Dollars ($75,000.00), the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, U2C and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-Five Thousand Dollars ($75,000.00). For claims that total more than Seventy-Five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. Puerto Rico customers: Refer to Section 11 for details of the Puerto Rico Telecommunications Dispute Procedure. CLASS ACTION WAIVER. U2C AND YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against U2C. JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, U2C AND YOU WAIVE ANY RIGHT TO A JURY TRIAL.
3. Refunds; Cancellation or Termination of Service Plans.
3.1 General.
Subject to our Refund Policy as described below, you may cancel or we may terminate any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law and our Refund Policy, you will not receive any refund of amounts paid to us in connection with any such Service plan whether cancelled by you or terminated by us.