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Please read these T&Cs carefully. They cover important information about Immix Wireless services provided to you, your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service; and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your Device. These T&Cs include fees for early termination 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 your account. Authorized changes may require your agreement to a new minimum term and/or new T&Cs.
1. Acceptance. YOUR AGREEMENT WITH IMMIX WIRELESS STARTS WHEN YOU ACCEPT. You represent that you are at least 18 years old 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; (d) paying for the Service or an Immix Wireless Device (a Device purchased from Immix Wireless, or an Authorized Immix Wireless dealer). IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.
2. Your Term of Service and Termination Fees. Your “Term” is the period of time for which you have agreed to maintain Service with Immix Wireless. After your Term, you will become a month-to-month customer. Except for month-to-month customers, AN EARLY TERMINATION FEE WILL APPLY TO EACH LINE OF SERVICE IF YOU DO NOT MAINTAIN YOUR AGREED-UPON SERVICES THROUGH THE END OF YOUR TERM FOR THAT LINE OF SERVICE, OR IF WE TERMINATE YOUR SERVICE EARLY (see Section 18). Some Devices require maintaining certain features or Services (e.g. a data plan) as part of your Rate Plan, and cancelling them before the end of your Term will result in an Early Termination Fee. The Early Termination Fee is part of our rates and is not a penalty. The Early Termination Fee applies only to the extent permitted by law. If you terminate your Service, you will be required to pay your early termination fee before cancelling your account. Upon payment of your early termination fee, your cancellation will be effective at the end of your current billing cycle, and you will remain responsible for all fees and Charges for your Service and usage through the end of that billing cycle. If we terminate your Service, we will determine the date of termination, and you will be responsible for all usage and Charges through the date of termination. You can request that we port your number to another carrier, and Service for that number will be terminated when the porting is complete. If you port your number, you may be responsible for all usage and Charges through the end of your current billing cycle.
3. Cancellation and Returns. Service Cancellation: You can cancel a new line of Service without paying an Early Termination Fee if you cancel WITHIN 15 DAYS of activating a new line of Service. If you activate your Service through an authorized Immix Wireless dealer, the dealer’s return policy may differ from Immix Wireless. Activation fees and any usage/access prior to cancellation are non-refundable. To cancel Service during the Cancellation Period, you may be required to go to the place where you activated Service and return any Immix Wireless Device you acquired at the time of activation. If you cancel service after the Return Period and before your term ends, you agree to pay us in addition to amounts owed, as a reasonable estimate of our harm, an early cancellation fee per number (which may be deducted from your security deposit or any amounts prepaid by you). All terminations by you during a monthly billing cycle (including when you move your primary residence which results in change of service for you, or when you switch your wireless number to another carrier) become effective on the last day of that billing cycle, and you remain responsible to pay for the Service and all charges, fees and taxes incurred through the end of that billing cycle. If you do not return your Immix Wireless Device, we may prevent it from working on any network, and we may elect not to process your Service cancellation or you may be charged the suggested retail price of the Immix Wireless Device, (which may be greater than the price you paid), plus any shipping and handling charges. Device Refunds: For Immix Wireless Device and accessory returns and exchanges, see the applicable return policy, which is available at your place of purchase. Some Immix Wireless Devices and accessories may not be refunded or exchanged, and you may be required to pay a restocking fee. Immix Wireless reserves the right to charge you full retail price for any device that is returned at any time that is damaged or that is missing parts. Our cost of providing service and phone is not incurred evenly over the Term. Our monthly charges and other rates are based on the assumption that you will remain a customer for the whole term. If services are terminated before the end of your current billing cycle, we will not prorate charges to the date of termination nor will you receive a credit or refund for unused services. You may be able to take, or port, your current wireless phone number to another service provider. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we’ll treat it as notice from you to terminate our service for that number upon successful completion of port. After the porting is completed, you won’t be able to use our service for that number. You’ll remain responsible for any early termination fee, and for all fees and charges through the end of that billing cycle, just like any other termination.
4. Our Rights to Make Changes. This provision, which describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME. YOU MAY CANCEL THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (if applicable) IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS’ NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
5. Your Wireless Device & Compatibility with Other Networks. Your Immix Wireless Device may not be compatible with the network and services provided by another service provider. You may buy a Device from us or someone else, but it must, as solely determined by Immix Wireless, be compatible with, and not potentially harm, our network. Some Immix Wireless features will be available only on some Immix Wireless Devices purchased from us. Immix Wireless reserves the right to prevent your Device from being used on our network. At times we may remotely change software, systems, applications, features or programming on your Device without notice to address security, safety or other issues that impact the Immix Wireless network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, the way you have programmed your Device, or the way you use your Device. We may offer you changes to systems, applications, features or programming remotely to your Device; you will not be able to use your Device during the installation of the changes even for emergencies.
6. EQUIPMENT PROTECTION PROGRAM – If you have elected to add the Equipment Protection Program, you may take 2 replacement claims within a 12 month period. If you add Equipment Protection during the initial activation there is no waiting period before a claim may be submitted. If you enroll after the initial activation there is a 30 day waiting period before a claim may be submitted. A deductible will be required at time of replacement. If a loaner phone is available we can provide you with one. Loaner phones require a deposit which will be credited to your account upon return. Equipment Protection is not available on i-Pay in Advance phones. Equipment Replacement does not cover lost or stolen phones.
7. COVERAGE. Immix Wireless coverage maps depict an approximation of coverage. Actual coverage may differ from map graphics, and coverage may be affected by such things as network changes, traffic volume, service outages, terrain, weather, foliage, buildings and other construction, signal strength, customer equipment and other factors that may interfere with actual service, quality, and availability, including the ability to make, receive, and maintain calls. Immix Wireless does not guarantee coverage. You agree we are not liable for problems relating to Service availability or quality.
8. Important Emergency 9-1-1 Information. When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. Immix Wireless is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our wireless network, the street address you have provided us as your primary use location (“Primary Address”). Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and Immix Wireless does not determine the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available.
9. Billing. You agree to pay all Charges we bill you or that were accepted or processed through your Device. For disputed Charges, see Section 14. We will send you a bill that summarizes your Charges; you may review your bill details on our website at www.immix.com or, at your request and for a fee, we will provide detailed bills. We do not provide bills for certain services, such as i-Pay in advance plans. You are responsible to pay all charges for Service, including, but not limited to: recurring monthly access charges for each monthly billing period in which you had access to the Service for all or any portion of that billing period, optional features selected by you for which separate charges apply, voice mail access, voice mail delivery, data usage, text and multimedia messaging, downloadable content, alerts, roaming, long distance, directory and operator assistance charges, the price of devices and accessories, charges or other goods and services that you authorize to be charged through your wireless bill. You are also responsible for any Service activation, reinstatement, reconnection, administrative, termination or other charges that may apply. You agree to provide us with accurate and complete billing information and to report all changes within 30 days of the change. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network begins to process the call (before the phone rings or the call is answered) through its termination of the call (after you hang up). For Family and other multi-line pooling plans, all lines use and share the air time and features included in the Rate Plan. You may be charged for more than one call when you use certain features resulting in multiple inbound or outbound calls (such as call forwarding, call waiting, voicemail, and conference calling). Most calls you make or receive, and most data usage during a bill cycle will be included in your bill for that cycle, but some Charges may be delayed to a later billing cycle, which may cause you to exceed Rate Plan Allotments in a later billing cycle. Unused Rate Plan Allotments expire at the end of your billing cycle. Airtime usage applies to toll-free, operator- assisted, voice mail, call forwarding and calling cards using your Device. Airtime usage applies to all calls processed through your Device, including toll-free, operator-assisted, voice mail, call forwarding and calling card calls. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, messaging, internet access and applications. PRORATION – Your first bill may be higher than normal due to proration — charges for the time the service went into effect until the end of the billing period, plus your normal charges for service for the next month. Your minutes may also be prorated. Your bucket of minutes will reflect the number of days remaining in your billing period. Data Usage and Messaging: You will be charged for text, instant or picture messages and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.
10. Data Plans and Other Features. Permissible and Prohibited Uses: Your Data Plan is intended for Web browsing, messaging, and similar activities on your Device and not on any other equipment. Unless explicitly permitted by your Data Plan, other uses, including for example, using your Device as a modem or tethering your Device to a personal computer or other hardware, are not permitted. Other examples of prohibited uses can be found in Section 16. Protective Measures: If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan. Downloadable Content and Applications: Some Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content & Apps”) that you can purchase with your Device may not be sold by Immix Wireless. For some third party purchases, although the charges may appear on your Immix Wireless bill, Immix Wireless is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Any support questions for these Content & Apps may be directed to the third party seller. You may be able to restrict access and certain services by contact Immix Wireless customer care. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. When you use, download, or install Content & Apps that you purchase from Immix Wireless, the Content & Apps are licensed to you by Immix Wireless and may be subject to additional license terms between you and third parties. Whether purchased from Immix Wireless or a third party, any Content & Apps you purchase are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge which may result in additional charges. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. Immix Wireless is not responsible for any third party content, advertisements, or websites you may be able to access using your Device. Use of Information: Immix Wireless may retain, use, and share information collected when you download, use, or install some Content & Apps, may update your Content & Apps remotely, or may disable or remove any Content & Apps at any time. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps. Wi-Fi: You acknowledge and agree that your use of any Wi-Fi network is permissible and that you (and not Immix Wireless) are responsible for your use.
11. Roaming and International Calling. Roaming: Your Device may connect to another provider’s network (“Off-Net”) even when you are within the Immix Wireless coverage area. Check your Device to determine if you are Off-Net. There could be extra Charges (including long distance, tolls, data usage) and higher rates for Off-Net usage, depending on your Rate Plan. You must use your Device predominantly within the Immix Wireless owned network coverage area. We may limit or terminate your Service without prior notice if you no longer reside in an Immix Wireless-Mobile-owned network coverage area or if more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period. International Roaming & Dialing: International roaming and dialing are available with some Rate Plans and on some Devices and may require an additional feature on your account. Whether roaming internationally or making and sending international calls and messages while in the U.S. (or Puerto Rico), you will be charged international rates (including for voicemails left for you and for data usage). This includes per minute rates for calls and, while roaming internationally, per minute rates for calls transferred to your voicemail and the relevant data rates for data usage. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in an actual voicemail message being left for you and regardless of whether your phone is on or off. Some Devices and applications may incur usage and Charges while roaming. You may be able to disable these applications and features through your Device settings. Different rates and rounding increments apply in different countries.
12. Taxes, Fees, and Other Charges. You agree to pay all taxes, fees, and surcharges (“Taxes & Fees”) imposed by the government. We may not always give advance notice of changes to Taxes & Fees. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use (“PPU”). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. You agree to pay all other Charges we assess to recover or defray governmental charges or costs we incur in connection with the Services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts and similar taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These Charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these Charges are subject to change without notice.
13. Payments, Late Fees, Deposits, and Credit Checks. If we do not receive payment in full by the due date on your bill, you may be charged a late fee, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. If your check, electronic funds transfer payment, including debit or Automated Clearing House payment, or other payment is dishonored or returned, we may charge you the maximum amount allowed under applicable law. We may also require you to use another payment method, and/or immediately suspend or cancel your Service. We will not honor limiting notations you make on or with your checks. If your service is disconnected for nonpayment you will be charged a reconnect fee. All reconnect fees and in-full balances must be paid prior to your account being restored from a disconnected status. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. Deposits: We may require a deposit. You agree that only we can apply deposits, payments, or prepayments in any order to any amounts you owe us on any account. We refund eligible deposits and final credit balances only upon request, unless otherwise required by law. Credit Checks: You authorize us to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You authorize us to report your payment record to credit-reporting agencies. Payment Extensions - Customers may be given the option to receive a payment extension under special circumstances. A customer can extend their due date for up to two weeks (max) per billing period. A $7.50 non-refundable payment extension fee and 25% (per week) of the outstanding balance is required. A customer who is on a payment extension plan is in a pending disconnection status (until full payment is received). Immix Wireless reserves the right to disconnect service at any time for non-payment. Immix Wireless is not required to provide you with any notification before terminating your Service. Acceptance of late or partial payments (even if marked “paid in full”) shall not waive any of our rights to collect the full amount due under this Agreement.
14. Notices and Customer Communications. You may contact our Customer Care department at by calling 1-888-249-8030 or 611 from your Device, or by writing to: Immix Wireless, 27599 Riverview Center #201, Bonita Springs, FL 34134. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to your billing address. For multi-line accounts, a “Primary Telephone Number” may be assigned to your account for the purpose of receiving notices from us, as well as for other purposes. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above. You have the right to dispute charges on your bill, but you must notify us of the dispute within 60 days after the billing date or you waive the right to dispute. Even if you dispute with us, you have to pay all charges on time until the dispute is resolved. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. All communications concerning disputed amounts owed must be in writing, marked “Billing Dispute” on the outside of the envelope, and sent to: Immix Wireless, 27599 Riverview Center #201, Bonita Springs, FL 34134. If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses of collection. Such costs and expenses may include attorneys’ fees and expenses, the fees of any collection agency, and court costs.
15. Lost or Stolen Devices. You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service and you will not be responsible for Charges incurred with the lost or stolen Device after you notify us. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred. We may prevent a lost or stolen Device from registering on any network. Even if your Device is lost or stolen, you must fulfill the remainder of your Term or the Early Termination Fee will apply.
16. Misuse of Service or Device. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your Immix Wireless Device; (e) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling Immix Wireless Devices for profit, or tampering with, reprogramming or altering Immix Wireless Devices for the purpose of reselling the Immix Wireless Device; (g) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Immix Wireless’s or another entity’s network or systems; (i) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g. using a Data Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (j) assisting or facilitating anyone else in any of the above activities. Unless authorized by Immix Wireless, you agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms Immix Wireless, which cannot be fully redressed by money damages, and that Immix Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.
17. AVAILABILITY/INTERRUPTION — a. Immix Wireless reserves the right to manage our wireless systems and the use of our Services. As a result, we may deny a request for Service from any customer or potential customer for any lawful reason. In addition, we may block access to certain categories of numbers (for example, 976 and 900 numbers and international destinations) if, in our discretion, we are experiencing billing, collection or fraud problems or other misuse or abuse of our wireless system. b. Services are generally available within the operating range of our wireless system in your service area. The Services we provide you depend on over-the-air radio transmissions. As a result, many factors can affect your ability to make and receive calls on your wireless phone and the quality of those calls. These factors include your location, the conditions of the atmosphere, the terrain, nearby buildings and other structures. In addition, there may be times when you cannot make calls, you have difficulty making calls on our system, or your calls are interrupted. This may occur in response to suspected fraud, abuse, misuse of the network, hacking or viruses, or because (1) the number of calls being made or received exceeds the capacity of a part of our system, (2) a portion of our system breaks or fails to operate as expected, (3) a problem occurs with service we purchase from someone else, (4) we are improving our system or performing maintenance work, (5) an accident occurs, or (6) events occur that are outside of our control. Interruption may also result from nonpayment of charges by you. At such times, Service, including calls or attempted calls to emergency services like 911, may be interrupted or fail, and/or the quality of calls may be poor. In some severe cases, service to a geographic area may be eliminated altogether. c. Any statements by Immix Wireless, its employees, representatives or agents about the coverage of our system are only intended to describe approximately the Immix Wireless coverage in your service area. You should not interpret any such statement to mean that Service will be available without interruption in your service area. d. You must comply with all laws and regulations while using the Service. The Service may not be used (1) for telemarketing, commercial research, commercial data collection or transmission, sale or resale of Service (i.e., selling, bartering or trading to others the use of local, long distance Service, or SMS messaging on your Immix Wireless phone) or the operation of any telephone-based business (for example, chat lines or fortune telling services); (2) for any fraudulent, illegal or abusive purpose, or in a manner that interferes or causes problems with the operation of the Immix Wireless system; or (3) continuously, with or without breaks, so as to create the functional equivalent of a telephone line dedicated to your use. Except for short messaging services (“SMS”) for text messages only and other Services expressly offered or approved by Immix Wireless, the Service may only be used for voice communications and may not be used with automatic number dialers or to transmit or knowingly receive data not authorized by Immix Wireless. You may not resell the Service or use the Service in any manner or for any purpose that contradicts the terms of this Agreement.
18. Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we haven't yet billed the Charges); (c) provides inaccurate information or credit information we can't verify; (d) lives in an area where we don’t provide Service or more than 50% of your voice and/or data usage is Off-Net for any three billing cycles within any 12 month period (see Section 11); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service or Device as described in Section 16; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If we suspend or terminate your Service and later reinstate your Service, you may be charged a fee.
19. Intellectual Property. You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of Immix Wireless or any third party. Except for a limited license to use the Services, your purchase of Services and Immix Wireless Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Immix Wireless or others related to the Services and Immix Wireless Devices; this intellectual property may be used only with Immix Wireless Service unless expressly authorized by Immix Wireless. You agree that a violation of this section harms Immix Wireless, which cannot be fully redressed by money damages, and that Immix Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.
20. Privacy Information. Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online at www.immix.com/privacy. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers.
21. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCT LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR IMMIX WIRELESS DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.
22. Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.
23. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You can't assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Immix Wireless is not a party to that agreement. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion.
24. Choice of Law. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
25. Additional Terms for i-Pay in Advance Customers. Monthly plan features are available for a 30 day Service Cycle. You must use your Immix Wireless i-Pay Service during the designated period of availability. i-Pay Service is non-refundable (even if returned during the Cancellation Period), and no refunds or other compensation will be given for unused airtime balances. Coverage specific to i-Pay in Advance Service may be found at www.immix.com and differs from coverage related to Immix Wireless postpaid Service. If you purchase an Immix Wireless Device that is sold for use on Immix Wireless Service, you agree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the Immix Wireless Devices, or assist someone in these activities. An email address is required to activate service. You must pay for Services in advance each month and in some cases Services may not become available until after we apply your payment. Your first Service cycle may start several days after activation. You may not be able to make changes to your account during certain periods of your Service cycle. You may not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a Court order. If you do not refill your i-Pay in Advance Account by your Service End Date, your i-Pay phone number may be lost. Once you have been assigned your i-Pay phone number you cannot change it or your Service plan until your Service End Date (as described below) without losing any unused Service balance. If you change your assigned phone number or Service plan prior to your Service End Date, you will lose any unused Service balance. If you notify us that your phone is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred. Payments. If you do not pay the Amount Due by the date on your Payment Reminder (text message or email), your monthly Services will not be available.
26. REFILLING i-Pay in Advance Service. Your i-Pay service will only operate when your Service is active and you have a positive Service balance in your account. Minutes, texts, Mobile Web Access and Service days do not have any cash value and do not accumulate. With each refill your Services will reset for an additional 30 days. I-Pay in Advance Services are non-refundable. No refunds or discounts will be given. You may refill your Service as follows: (1) Auto-Refill program: You may enroll by registering your credit or accepted debit card (with Visa or MC logo) and you will receive a recurring charge to your credit or accepted debit card on your Service End Date each month which will automatically refill your i-Pay in Advance service with the Plan you select. (2), by visiting any Immix Wireless retail location to make a payment. (3) by visiting www.immix.com to make a payment. (4) by calling toll free 888-249-8030 to make a payment.
27. I-Pay in Advance Service End Date. Your Service End Date is the last day of your Service period. When you make a payment, your Service End Date will be reset to reflect 30 days of available Services.
28. Refilling Your Account before Service End Date. Your Service End Date will remain the same day of each month unless you make a late payment (after the Service End Date).
29. Refilling Your Account after Service End Date: If you do not make a payment prior to the Service End Date, your i-Pay service will be deactivated on the Service End Date and you may lose your telephone number. Your phone number will be “quarantined” for 30 days. You may make a payment on your i-Pay account at any time during the quarantine period. Your new service start date will begin when you make a payment (note this will effectively change your Service End Date from your previous Service End Date). If no payment is made during the quarantine period, your phone number will be recycled and you will no longer have access to it. New service activation will require assigning you a new phone number. Please note that i-Pay in Advance Service does not provide any refunds.
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