Welcome to the www.myUSmobile.com website (the “Site”), which is provided to you by myUSmobile.com (“myUSmobile.com”). Your use of the Site and myUSmobile.com services, whether offered directly by myUSmobile.com or through a travel partner, are subject to the following Terms of Use and any operating rules or policies that may be published from time to time by myUSmobile.com. Please read these Terms of Use carefully. By checking the “I have read and accept the terms and conditions of the myUSmobile Terms of Use” box during registration for an account or by using the Site or the Services (as defined below) you agree to be bound by these Terms of Use. If you do not agree with or cannot comply with the Terms of Use, please do not use the Site or the Services.

Changes to the Terms of Use

myUSmobile.com may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Site. Your continue use of the Site or the Services after such changes are posted will constitute your agreement to such changes.

The Services

myUSmobile.com offers a number of products and services on the Site and through partners, such as global phonecards, international pay-as-you-go mobile phones and SIM cards, toll-free access to send and receive voice messages, email accounts, travel journals and travel tools (collectively, the “Services”). Registration and payment may be required to use the Services. Pre-payment using a credit card is also required for the use of certain Services. myUSmobile.com may require proof of identity prior to the sale of or use of the Services. Eligibility restrictions, if any, will be noted when registering for each Service. myUSmobile.com will keep a record of all Services provided to you.

Mobile Equipment; SIM Card; Telephone Number

You are responsible for your own end material (such as handsets, plug adaptors and chargers) and its proper configuration and installation, in compliance with any regulations and applicable instructions by myUSmobile.com or the manufacturer. You are also responsible for all preparation to install the Service, such as preparing and inserting SIM cards (interface cards) and setting adequate protocols. You agree to follow all instructions to properly insert the SIM card into your mobile phone. You have no right to be assigned or keep a particular phone number. myUSmobile.com has the right to cancel or change any phone number or other address element it may have assigned to you without compensation, if required for operational or technical reasons or as a result of government regulations or new partnerships. myUSmobile.com does not provide mobile phone number or SIM card portability. Any and all rights attached to a phone number assigned by myUSmobile.com to you remain vested in myUSmobile.com. All SIM cards remain the property of myUSmobile.com, which reserves the rights to alter and develop its content as well as claim its return.

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GSM Network Coverage

myUSmobile.com offers mobile phone and SIM card users a high degree of coverage via the GSM mobile network. Coverage depends on the network, technical and operational capabilities of the roaming partner. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. Lists and maps of coverage areas are available on the Site. myUSmobile.com will update this information when additional service becomes available. myUSmobile.com will make every effort to provide a high level of availability for its mobile network. However, myUSmobile.com is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities (SMS, for example). myUSmobile.com reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or guarantees are made with regard to availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines.

Modifications to the Site or the Services

myUSmobile.com reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site or the Services including but not limited to products, services, content, features or hours of availability. myUSmobile.com may impose limits on certain features of the Site or the Services, or restrict your access to part or all of the Site or the Services without notice or penalty.

Charges for the Services

You agree to pay all charges for requested Services in US Dollars. For Services which require pre-payment, you agree to pre-pay for the Service by debiting your credit card the selected amount. The cost of the Service you use will be debited against the prepaid credit using the then current prices for the Service. In the event your charges exceed your pre-paid credit, you agree to pay any amounts owed to myUSmobile.com within seven (7) days from myUSmobile.com’s request or myUSmobile.com may immediately suspend the Services. You agree to pay for all charges associated with your account, whether or not the use of your PIN was authorized by you. The charges will be deemed to be correct if they accurately reflect the technical records created by a correctly programmed system. You can request an extract of the Service records in writing (by mail, fax or email) from Customer Service within forty-five (45) days after the disputed charge. myUSmobile.com reserves the right to change the prices for the Services at any time. The current applicable prices, which are quoted in US Dollars, may be found on the Site or by calling Customer Service.

Off Network Usage

Any deliberate off network usage of the service (an attempt to circumvent the normal operation of the service in order to avoid paying for use) is prohibited. Any off network usage that is recorded will incur a separate surcharge (on top of standard rates):
- $3.00 per text message
- $3.00 per minute to make calls and receive calls
This surcharge may not be billed for to 60 days after actual usage.

Expiration and Service De-Activation

Phonecards
Any credit balance in your account will expire if you have not made a call using your account for a period of six (6) months. The credit balance may be re-instated by Customer Service, if you recharge your account within six (6) months.

Mobile Phones and SIM Cards
Expiration is when the credit balance in your account is set to zero and the ability to use the service to make or receive calls or text messages is de-activated.

The initial included credit balance expires one (1) month after initial use if you have not added additional credit to the account at the time of purchase or after purchase. Any credit balance in your account will expire if you have not made a charged call or sent a charged text message using your account for a period of six (6) months.

The full credit balance (including any remaining initial included call credit) will be automatically re-instated if you recharge your account with $30 or more within fifteen (15) months of last use, or purchase a new SIM card from Customer Service after fifteen (15) months.

Your US number remains active and will receive calls and text messages for up to two months after the last use of the service. If you use the service after this two month period you will automatically receive a new US number (it will be sent to you via text message). You can also pay a monthly fee to extend the life of your US number. Simply visit www.rechargeminutes.com, click on the “Get US number” menu option, enter your number and PIN, and click on the “Keep Number” button (in the Account status section).

Your Global (44) number is retained indefinitely as long as you recharge minutes at least once every 15 months.
After you have received 500 minutes of free calls, any new calls received for free are diverted to voicemail until the next time a recharge of your account occurs or until recharges totaling $50 or more have been made over the life of the account.

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Return/Refund Policy

Phonecards
myUSmobile.com does not offer refunds for phonecards. Any remaining credit on a phonecard should be used by making local and international calls, and will expire after six (6) months of inactivity.

Mobile Phones and SIM Cards
myUSmobile.com offers a 100% money-back guarantee of the purchase price (excluding shipping and handling charges) on all mobile phones and SIM cards returned to myUSmobile.com within seven (7) days of receipt. myUSmobile.com will not pay for return shipping costs. All returned products must be returned in “like new” condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the product in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. myUSmobile.com will only accept product returns that are accompanied by a “return number” issued by Customer Service. Please make sure to include your return number in your package. If a mobile phone is returned in an incomplete, scratched or damaged condition, myUSmobile.com reserves the right to refuse to refund the purchase price and the product will be returned to you. Return shipping and handling costs will be billed to your credit card.

Stolen, Lost or Damaged Mobile Phones and SIM Cards

myUSmobile.com does not offer refunds for stolen, lost or damaged mobile phones or SIM cards. However, any remaining calling credit can be transferred if a new mobile phone or SIM card is purchased from myUSmobile.com. Please contact Customer Service to arrange your calling credit transfer.

Used SIM Cards

myUSmobile.com does not offer refunds for used SIM cards.

Repair Policy

Mobile Phones
All defective mobile phones sold by myUSmobile.com must be reported by contacting Customer Service within the following warranty periods:

  • Refurbished handsets: within thirty (30) days of purchase
  • New handsets: within six (6) months of purchase

Customer Service will then determine if further analysis needs to be performed on the mobile phone and will advise you if it is necessary to send the mobile phone in order to be analyzed and, if required, repaired. Mobile phones must be sent to the designated myUSmobile.com location at your expense. You must return your mobile phone in “like new” condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the mobile phone in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. If the mobile phone cannot be repaired within thirty (30) days from the date the manufacturer receives it from myUSmobile.com, you may receive a replacement. myUSmobile.com will only be responsible for providing adequate information to receive calls, make outgoing calls, send text messages (SMS), data and to add airtime. All repair and warranty inquiries will be answered when the information is available to myUSmobile.com from its suppliers’ service centers.

SIM Cards
All defective SIM cards sold by myUSmobile.com must be reported by calling Customer Service within ninety (90) days of purchase. Customer Service will then determine if further analysis needs to be performed on the SIM card and will advise you if it is necessary to send the SIM card in order to be analyzed. The SIM card must be sent to the designated myUSmobile.com location at your expense. You must return your SIM card in “like new” condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the SIM card in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. If the SIM card cannot be repaired within thirty (30) days from the date the manufacturer receives it from myUSmobile.com, you may receive a replacement. You authorize myUSmobile.com to load data and software onto your SIM card as required.

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No Insurance Coverage

myUSmobile.com will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information including, but not limited to, any such loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information caused by or resulting from: (a) delays caused by Customs’ clearance procedures or those of other regulatory agencies; (b) delays in delivery caused by adherence to shipping company policies regarding the payment of duties and taxes; (c) myUSmobile.com’s inability to provide a copy of the delivery record; (d) myUSmobile.com’s failure to notify you of any delay or loss of your shipment and its contents; (e) shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement; or (f) myUSmobile.com’s shipping company's failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker's address. myUSmobile.com will also not be liable for any package where our records do not reflect that you made a purchase from us.

Account and PIN

You agree that all account information provided by you is accurate and up-to-date, and you will promptly notify myUSmobile.com of any changes. You are solely responsible for protecting the confidentiality of your PIN and may not disclose your PIN to any other person. You are also solely responsible for all acts and omissions that occur in connection with your account or PIN, whether or not authorized by you. You agree to notify myUSmobile.com immediately if your PIN is stolen or otherwise passes out of your control so that access using the PIN can be terminated. Until you notify myUSmobile.com, you are responsible for all charges associated with your PIN.

User Conduct

The Site and Services are provided to individuals only. Any unauthorized commercial use or resale of the Site or the Services is prohibited. The use of the Site or the Services to solicit business for any competitive website or service is also prohibited. You are solely responsible for the content and context of any materials you post or submit through the Site or the Services or that are posted or submitted using your account. Please choose carefully what you post or submit. You agree to comply with the Terms of Use and all applicable local, state, national and international laws, regulations, ordinances, and rules when using the Site and the Services. You warrant and agree that while using the Site and the Services, you will not:

  • use the Site or the Services in connection with chain letters, junk email, spamming, any duplicative or unsolicited messages (commercial or otherwise), or advertising of any kind;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
  • upload, post, transmit, distribute or otherwise publish through the Site or the Services unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, false, misleading, offensive or otherwise objectionable material;
  • upload, post, transmit, distribute or otherwise publish any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trade marks or copyright;
  • upload, post, transmit, distribute or otherwise publish any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  • upload, post, transmit, distribute or otherwise publish a photograph of another person without that person’s consent;
  • solicit personal information from anyone under the age of 18;
  • use the Site or the Services to violate any applicable law restricting the export or import of data, software or any other content;
  • interfere with or disrupt networks connected to the Site or the Services or violate the regulations, policies or procedures of such networks;
  • gain or attempt to gain unauthorized access to the Site or the Services, other accounts, computer systems or networks connected to the Site or the Services, through password mining or by any other means;
  • interfere with another member's use and enjoyment of the Site or the Services or another entity's use and enjoyment of similar services;
  • use the Site or the Services in any unethical manner or contrary to accepted community standards; or
  • engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.
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No Spam

myUSmobile.com will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition to myUSmobile.com's other rights or remedies, you agree to pay myUSmobile.com the sum of five dollars (USD$5) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account (which is myUSmobile.com's genuine estimate of the damage it would suffer) or myUSmobile.com's actual damages, whichever is greater.

Responsibility for Use of Mobile Lines

You are solely responsible for the content of information and communications transmitted using the Site and the Services. You are responsible for all use of your mobile line, including use by third parties. In particular, you are responsible for the payment of all charges arising in connection with use of your mobile line including goods and services ordered or obtained via your mobile line. PIN/PIN2 and PUK/PUK2 codes and any other security codes that may be assigned should be stored carefully and separately from the mobile phone and the SIM card, and should not be disclosed to anyone. You must comply with all reasonable security procedures and standards with respect to the Service, including activating and periodically changing your PIN code. myUSmobile.com may communicate security issues to you when abuse or misuse is observed or reported by others.

Intellectual Property

You acknowledge and agree that all content and materials available on the Site and via the Services, including but not limited to the myUSmobile.com name and logos, text, music, software, photographs, and video, are protected by intellectual property and other laws. Except as expressly authorized by myUSmobile.com, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.
myUSmobile.com does not claim any ownership rights in the content or materials posted by you or other members. By uploading, posting, transmitting, distributing or otherwise publishing content and materials on the Site or via the Services, you: (a) grant myUSmobile.com a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, modify, publicly perform, publicly display, reproduce, edit, translate, aggregate, reformat, prepare derivative works based upon, distribute and otherwise exploit the content and materials, in whole or in part, on the Site and via the Services; and (b) represent and warrant that you own the content and materials or have the right to grant the license to myUSmobile.com.
In appropriate circumstances and at its sole discretion, myUSmobile.com may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify myUSmobile.com by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512):

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit myUSmobile.com to locate the material;
  • Information reasonably sufficient to permit myUSmobile.com to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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The notification should be sent to myUSmobile.com’s copyright agent:

myUSmobile.com
Email: support@myusmobile.com

Endorsements

All product and service marks that appear on the Site and the Services that are not myUSmobile.com marks are the marks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.

Monitoring

You agree that myUSmobile.com has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site or via the Services. Notwithstanding this right, myUSmobile.com does not and cannot review all materials posted by users on the Site or via the Services and myUSmobile.com is not responsible for any materials posted by users.

Submissions

All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site or via the Services will become the exclusive property of myUSmobile.com. myUSmobile.com will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.

Privacy

myUSmobile.com respects your privacy. For an explanation of our practices with regards to information collected or submitted to the Site or for the Services, please see our Privacy Policy online.

DISCLAIMER OF WARRANTIES

THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MYUSMOBILE.COM DOES NOT WARRANT THAT THE SITE AND THE SERVICES, OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

Myusmobile.com and its distributors and agents will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, terrorist acts, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.

Myusmobile.com makes no express or implied representations or warranties about its services and disclaims 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. myUSmobile.com does not authorize anyone to make a warranty on myUSmobile.com’s behalf and you may not rely on any statement of warranty as a warranty by myUSmobile.com.

myusmobile.com and its distributors and agents WILL NOT BE LIABLE FOR ANY DAMAGES AND You will indemnify, defend, and hold harmless myusmobile.com and its distributors and agents against any and all claims of loss or damage arising from or in any way related to use of the myusmobile.com service by you or others authorized by you, including, but not limited to:

(a) Allegations and/or claims arising out of or related to the alleged negligence of myUSmobile.com;
(B) Allegations and/or claims arising out of or related to any errors, omissions, interruptions, errors, failures to transmit, or delays in connecting a call      using the myUSmobile.com service;
(C) allegations and/or claims arising out of or related to any intentional act or omission by you or others authorized by you to use the myUSmobile.com       service;
(D) Allegations and/or claims asserted against you by third parties;
(E) Allegations and/or claims arising out of or related to any act or omission of a third party, including, but not limited to any other company or companies      furnishing a portion of the service and those vendors participating in myUSmobile.com offerings made to you;
(F) Allegations and/or claims for libel, slander, or invasion of privacy; and
(G) Allegations and/or claims arising out of any purported breach of these Terms.

In no event will myusmobile.com be liable for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, including lost profits. With regard to any allegation, claim, or dispute related to use of myusmobile.com service, including, but not limited to, claims for credits for interruptions, the liability of myusmobile.com will be limited to the charges that myusmobile.com assessed for placing the call.

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YOU AND myusmobile.com BOTH AGREE THAT YOU WILL RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS.  YOU AND myusmobile.com HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL OF ANY DISPUTE BETWEEN US.  NEITHER YOU NOR myusmobile.com MAY BRING ANY REPRESENTATIVE ACTION, act as a class representative, or participate as a member of a class of claimants with respect to any dispute or claim BETWEEN US. 

As used in this arbitration agreement and waiver, references to "myUSmobile.com" and "you" include myUSmobile.com 's and your respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. You and myUSmobile.com intend that this agreement to arbitrate and class action waiver will be interpreted broadly, and will encompass all disputes between you and myUSmobile.com, including, but not limited to:

(A)  Claims that relate in any way to the relationship between you and myUSmobile.com (regardless as to whether the dispute is based in contract, tort,        statute, fraud, misrepresentation, or any other legal or equitable theory).
(B) Claims that arose before these Terms or any prior Terms, including, but not limited to, claims arising out of or related to advertising.
(C) Claims that may arise after the termination of these Terms; and
(D) Claims that are currently the subject of purported class action litigation in which no class has been certified.


This arbitration agreement does not preclude you from raising issues with federal, state, or local government agencies, such as the Federal Communications Commission. Such agencies can, if the law allows, seek relief against myUSmobile.com on your behalf.  This arbitration agreement similarly does not preclude you or myUSmobile.com from seeking temporary equitable relief in any court of competent jurisdiction.  Finally, this arbitration does not preclude you or myUSmobile.com from bringing qualifying claims in small claims court. 

Arbitration of any dispute or claim between you and myUSmobile.com must be initiated within one year of the date on which the basis for the dispute or claim first arises.  To initiate arbitration, you or myUSmobile.com must submit a claim either to the American Arbitration Association ("AAA") at AAA Central Case Management Center, 13455 Noel Road, Suite 1750, Dallas, TX 75240-6636 or to JAMS ("JAMS") at 1101 17th St., NW, Suite 808, Washington, D.C. 20036, for final and binding arbitration, with notice to the other party by certified mail.  Notice to myUSmobile.com should be sent to:  119 W. Tyler St., Suite 260, Longview, Texas 75601.  For more information regarding AAA or JAMS, you may visit their respective web sites at http://www.adr.org or http://www.jamsadr.com.

These Terms evidence a transaction in interstate commerce, and thus any arbitration will be conducted in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). If AAA is chosen, the arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules") or if JAMS is chosen, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. The arbitration will be conducted by a single arbitrator, to be chosen jointly by you and myUSmobile.com, who will determine all issues, including any controversy over whether an issue is arbitrable in the first instance.  Unless you and myUSmobile.com agree otherwise, the arbitrator may not join your claim(s) or myUSmobile.com 's claim(s) with any other claim, and may not preside over any representative or class proceedings.
For any arbitration in which you claim less than $10,000, myUSmobile.com will reimburse you for the cost of your filing fee with AAA or JAMS and will directly pay all of the AAA's or JAMS's other costs and fees. For claims between $10,000 and $75,000, you will pay any filing fee required by the AAA or JAMS, and myUSmobile.com will pay all of the AAA's or JAMS's other costs and fees.  If you bring claims between $10,000 and $75,000 and cannot afford to pay the filing fee, myUSmobile.com will pay the fee directly on your behalf upon written notice from you.  If, however, the arbitrator determines that any claim brought by you is frivolous, then payment of the AAA's or JAMS's costs and fees will be governed by the AAA Rules or the JAMS rules.  Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse myUSmobile.com for any costs or fees that it paid that otherwise would have been your responsibility under the AAA Rules or the JAMS Rules.  If you bring a claim for greater than $75,000 payment of fees and other costs to the AAA or to JAMS will be governed by the AAA Rules or the JAMS Rules.  Except to the extent authorized by statute and awarded by the arbitrator, each party will bear the cost of preparing and presenting its own case.

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The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise.  If you elect another arbitration process, you must pay your allocated share of any higher administrative fees and costs for the process you select. Any in-person arbitration proceedings will be held within fifty (50) miles of the location at which the call giving rise to the dispute was placed, or at a location otherwise selected by the AAA or JAMS.

In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and myUSmobile.com of the reasons for his or her decision.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim.  Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA. 

You may not modify or assign these Terms. In its sole discretion and without notice to you, myUSmobile.com may modify and assign these Terms.
No waiver of these Terms is valid.

These Terms are binding upon you and myUSmobile.com and upon, respectively, your and myUSmobile.com’s agents and heirs. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Terms.

Indemnification

You agree to defend, indemnify and hold myUSmobile.com and its officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Site or the Services; (b) your breach or violation of any of these Terms of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Site or the Services using your password. myUSmobile.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of myUSmobile.com.

Termination

This agreement constitutes a binding agreement between you and myUSmobile.com until terminated by you or myUSmobile.com, which myUSmobile.com may do at any time, without notice, in its sole discretion. Without limiting the foregoing, reasons for termination may include myUSmobile.com’s belief that: (a) you have breached the Terms of Use; (b) you are or may become insolvent or bankrupt; (c) an unauthorized person is or may be using your account; (d) you do not have any prepaid credit; (e) your use may be damaging or degrading the integrity of a third party network used by myUSmobile.com; (f) it is required to comply with a government request or order; (g) it is required to perform exceptional facilities’ upgrades or maintenance; or (h) it is required to protect myUSmobile.com, the Site or the Services. If you become dissatisfied with the Site or the Services, your only recourse is to immediately discontinue use of the Site or the Services. ALL OUTSTANDING CHARGES WILL BECOME IMMEDIATELY DUE AND PAYABLE TO MYUSMOBILE.COM UPON NOTICE OF TERMINATION AND IN NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO ANY REFUND OF PAYMENTS MADE.

Choice of Law; Forum

This agreement shall be governed by and in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any controversy involving myUSmobile.com arising from or in any way related to the Terms of Use or your use of the Site or the Services shall be heard in the appropriate State or Federal court in the State of New York and you irrevocably consent to the jurisdiction of such courts.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to myUSmobile.com at support@myusmobile.com or to you at the email address you provide to myUSmobile.com. Notice shall be deemed given twenty four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

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General Provisions

If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or myUSmobile.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. A waiver is only effective in the specific instance and for the specific purpose for which it was given. You agree that any cause of action arising out of or related to the Site, the Services or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You cannot assign your rights under the Terms of Use without myUSmobile.com’s prior written approval. Except as expressly stated otherwise, the rights and remedies under these Terms of Use do not exclude any other right or remedy provided by law or in equity. The Terms of Use and all registration forms comprise the entire agreement between you and myUSmobile.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. The Terms of Use have been executed in the English language, which language will be controlling. No translation, if any, of the Terms of Use into any other language will have any effect on the interpretation of the Terms of Use or in determining the intent of the parties. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use.

Feel free to contact us with any questions about the Terms of Use.