1 FOLLOWUP – To ensure that you are receiving the level of service you deserve an Immix Wireless Consultant will contact you 3-5 days after your purchase. 2 CANCELLATION AND RETURNS - You have 15 days from the date of purchase to return the phone with no penalties for cancellation. No refunds will be issued without an original sales receipt and you may be required to pay a $20 restocking fee. Refunds are given in the form of payment used. Credit card refunds may take up to three (3) business days to process. Cash refunds may not be available, and refunds may be given in the form of a check which will be mailed to you. Activation fees and any usage/access prior to cancellation are non-refundable. To cancel during the return period, you must return your device to the store where it was purchased (If purchased over the phone, contact customer care for return instructions). To receive a refund of the purchase price of your device (less any rebates received and shipping costs), you must return it (with original packaging and all contents) within the Return Period in undamaged condition and good working order. If you do not comply with store policy, we may elect not to process your Service cancellation or you may be charged the suggested retail price of the Device, (which may be greater than the price you paid), plus any shipping and handling charges. If you activate your Service through an authorized Immix Wireless dealer, the dealer’s return policy may differ from Immix Wireless. You may cancel service for any reason by providing us with notice. All terminations by you during a monthly billing cycle (including when you move your primary residence, 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 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 (Feature phone early termination fee is $200 and Smartphone early termination fee is $375) (which may be deducted from your security deposit or any amounts prepaid by you). 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. 3 BILLING, & PRORATION – 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 Prepaid. 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. Domestic data usage is billed in full-kilobyte increments and is rounded up to the next full-kilobyte increment at the end of each data session. There are 1024 kilobytes in a megabyte. 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. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, text, picture and instant messaging and internet access. 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. We bill on two bill cycles: 7th cycle bills are due before the 27th of each month and processes on the 7th. 21st cycle bills are due before the 11th of each month and processed on the 21st. 4 TAXES AND FEES – We bill you for taxes, fees, and other charges levied by or remitted to domestic or foreign governments as a result of providing the Service or your Phone ("Taxes & Fees"). We will determine, in our discretion, the type and amount of the Taxes & Fees to be billed and these may change at any time without notice. We may also bill you for regulatory and administrative fees to recover our costs of complying with certain regulatory mandates and Universal Service Fees ("USF") or similarly imposed charges except to the extent prohibited by law. 5 PAYMENTS, LATE FEES AND RECONNECT FEES – If we do not receive payment in full by the due date on the billing statement you will be charged a $7 late fee (per account). 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 is dishonored or returned, we may charge you up to $33, require 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 $25 reconnect fee (per account). All reconnect fees and in-full balances must be paid prior to your account being restored from a disconnected status. 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 their bill 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. 6 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. A refund request may be submitted after you have completed 12 months of service with Immix Wireless, and after you have submitted 12 consecutive months of on-time payments. The refund will post to the account in the form of an account credit. After service disconnection, any credit remaining will be refunded in the form of a check. 7 VOICEMAIL – You will be prompted to set up your voicemail the first time you call the Immix Wireless voicemail system. You can access your voicemail from your Immix phone or a landline phone by dialing your area code, exchange, and then MAIL (6245) or simply press and hold the “1” key on your handset - this will automatically dial into your voicemail. Your PIN code is your 7-digit phone number. You will be prompted to change this PIN code during setup. Please note your new PIN code. 8 BATTERY MAINTENANCE AND CARE – Your phone should be charged for a full 12 hours before use. This initial charge will maximize the life of your battery. 9 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 $45 deposit which will be credited to your account upon return. 10 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. 11 911 – When making 9-1-1 or other emergency calls, you should be prepared to provide information about where you are located. 9-1-1 operators may not know your phone number or have information about your location. 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. Immix Wireless is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 12 AUTO PAY – For your convenience we can automatically withdraw the balance due each month from your Visa, MasterCard, American Express, Discover, or debit bank card. You will still receive a paper bill each month. Call Customer Care at 888-249-8030 or dial 611 from your Immix Wireless phone to sign up for Autopay service. 13 ADDITIONAL CHARGES – Depending on your rate plan you may experience charges for the following: Text Messages – Unlimited on select plans only, MMS Messages, Internet/Content Downloads, Additional Minutes, SIM Card Replacement, Change of Phone Number, Directory Assistance, Roaming - calls placed on networks served by roaming partners may take longer to process and billing may be delayed. Those minutes will be applied in the month they were placed, Detailed Billing. 14 PREPAY RATE PLANS – Prepay plan minutes must be refilled every 30 days to keep phone active. 15 BLACKBERRY CUSTOMERS – Customers who purchase a Blackberry are required to maintain the Blackberry data service. 16 SMART PHONES – Customer who purchase a smart phone may be required to maintain an Internet Plan. 17 RATES — we determine what types of service and rate plans (“Rate Plans”) we offer to you. We may offer different Services and different Rate Plan(s) to different people and entities. Services offered under some Rate Plans may be more limited than those offered under other Rate Plans. Rate Plans may also vary by the local market in which Service is offered. The Services and Rate Plan you select determine the charges you have to pay for Services. The Rate Plan you select will be your Rate Plan until that Rate Plan is modified, you switch to a different Rate Plan (if we offer other Rate Plans to you) or your Service is terminated. You may be required to make deposits, or advance payments, pay certain fees, or agree to maintain service for a certain period of time before we will start Service for you. If we make more than one Rate Plan available to you, you may change to another Rate Plan by giving us reasonable advance notice, but you may be required to pay us a Rate Plan change fee or other fee(s) and agree to maintain service for a certain period in connection with changing Rate Plans. ALTHOUGH YOUR RATE PLAN, FEATURE AND PROMOTION DESCRIPTIONS ARE IN SEPARATE DOCUMENTS, THEY ARE PART OF THIS AGREEMENT. 18 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. 19 CHARGES/PAYMENTS — a. 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, downloadables, 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. b. Various taxes, surcharges, fees, and other assessments are imposed relating to the Service we provide to you, goods or services you purchase, and the wireless network and equipment used in providing the Service. We will determine, in our reasonable discretion, the taxes and other assessments that you are responsible to pay and the amounts of such charges. These may include federal, state, or local taxes, surcharges or fees, as well as assessments to defray costs for federally mandated programs. You are responsible for paying these taxes and other assessments, regardless of whether they are assessed on you or us. c. Recurring monthly charges are billed in advance. For Rate Plans that include per minute airtime access charges, such as long distance, the length of your call will be rounded up to the nearest minute and applied against the services you have purchased. Charges for a completed call from your wireless phone will begin when you press the SEND key and will end when either party ends the call. d. We will provide your bill in a format we choose, which may change from time to time. Payment of all charges is due upon receipt of invoice. Billing cycle and dates may change from time to time. Service may be billed in a subsequent month due to delayed reporting between carriers; this service will be charged as if used in the month billed. e. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice or by the tenth (10) day after mailing of the invoice, whichever is later. If you do not pay your bill on or before the date due as stated on your bill, we may immediately suspend or terminate your Service. Immix Wireless is not required to provide you with any notification before terminating your Service. We may impose a late fee of any balance due, payable for every month such amount remains unpaid. 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. For any check or electronic payment returned to us for nonpayment for any reason, we will assess an additional fee, without notice to you, suspend Service and/or terminate this Agreement. 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. Billing Dispute must be received by us within 60 days of the billing date. f. 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. g. You must promptly notify us of any change in your billing address. h. You may terminate Service at any time by notifying a Immix Wireless customer care representative. Please note, however, that if you have a fixed term agreement, you will be subject to an Early Termination Fee if you terminate Immix Wireless service before the end of your commitment. IF THIS AGREEMENT TERMINATES FOR ANY REASON, YOU WILL NO LONGER BE ENTITLED TO ACCESS ANY OF OUR SERVICES AND YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OF ANY PAYMENTS YOU HAVE MADE TO US FOR MONTHLY SERVICE, FEES, FOR ANY OTHER PREPAID SERVICE, OR FOR ANY OTHER REASON. 20 LONG DISTANCE, DIRECTORY ASSISTANCE AND OTHER OPTIONAL PREPAID FEATURES — a. We determine what types of Prepaid Service(s) and Prepaid Rate Plans we offer you. There may be an activation charge. We may offer different Services and Rate Plan(s) to different people and entities. Prepaid Rates and available Service may change at any time. b. For some Immix Wireless rate plans, you must pay in advance for access to long distance, directory assistance and other optional Services not included in your Rate Plan. You may purchase optional prepaid services from us in increments established by us up to any maximum we establish. c. If you purchase a Service that is available for a specific period (for example, a fixed number of long distance minutes per month) or that has an expiration or termination date, you will not be permitted to use that Service after the end of the specific period or after the applicable expiration or termination date. d. Long distance calls may be made only from your Immix Wireless service area to destinations in the United States, Mexico, Canada and other specific areas designated by Immix Wireless from time to time. 21 CHANGES TO AGREEMENT OR RATE PLAN — We may change this Agreement or your Rate Plan at any time. Any changes to this Agreement are effective when we publish the revised terms and conditions or otherwise give you notice of such changes. Increases or decreases in State and Federal taxes, Universal Service Fees and other government assessments, fees and surcharges that we include on your bill are not considered a rate change by Immix Wireless. IF IMMIX WIRELESS INCREASES YOUR SERVICE RATES OR MATERIALLY ALTERS THE FEATURES OR SERVICES INCLUDED WITH YOUR RATE PLAN, YOU MAY TERMINATE SERVICE WITHIN FOURTEEN (14) DAYS OF THE DATE THAT WE SEND YOU NOTICE OF SUCH EVENT WITHOUT INCURRING AN EARLY TERMINATION FEE. If you use the Service more than 14 days after we make a change, you agree to that change. You acknowledge that no Immix Wireless employee, dealer or other agent is authorized to make any representation or warranty with respect to the Agreement, the Service or the Unit, or to waive or alter any provisions of the Agreement. 22 SMS — Text Messaging a. Immix Wireless offers a short messaging Service (“text messaging” or “SMS”) for an additional fee, which allows subscribers to send messages to some other subscribers. The content of all messages sent or received through the SMS service (“Content”) is the sole responsibility of the person sending the message. Since Immix Wireless does not control the Content of messages sent to you by others, you may be exposed to messages that are offensive, indecent, or objectionable. You agree that you will not hold Immix Wireless liable in any way for any message/Content created or sent by others, including any messages that contain errors or omissions. You further consent to receiving advertising, alerts and other broadcast messages from us or our authorized agents. b. If you are a subscriber to SMS Service, you agree that you will not transmit or knowingly accept any communication or data that would violate any laws, court order or regulation, or would be offensive to the recipient. You further agree that you will not to use SMS service to (1) transmit or accept any material that contains a software virus or any other computer program designed to interfere with any other computer software or hardware or telecommunications equipment or any data transmission not authorized by Immix Wireless, (2) impersonate any other person, including but not limited to, a Immix Wireless employee, or otherwise act in a manner that negatively affects other participants, (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via SMS, (4) collect or store personal data about other users; or (5) spam, post or transmit any solicited or unsolicited advertising, promotional materials, or any other forms of solicitation. In addition, you agree to bear all risks associated with the use of SMS and any Content, including any risks relating to your reliance on the accuracy, completeness, timeliness or usefulness of such Content. c. You agree that Immix Wireless may remove or block any Content that Immix Wireless believes violates this Agreement or is otherwise objectionable. d. You agree that Immix Wireless may terminate your Service, may preserve Content, and may disclose Content if required to do so by law or in the good faith belief that such termination, preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any Content violates the rights of third-parties; (4) protect the rights, property, or personal safety of Immix Wireless, its employees, users and the public, or (5) further any other lawful purpose. You also agree that you will cooperate with Immix Wireless in (1) investigating any complaints lodged by third parties for Content sent by you and (2) ensuring compliance with this Agreement. e. The technical processing and transmission of the SMS Service, including your Content, may involve transmissions over various networks not operated or controlled by Immix Wireless. Immix Wireless may change the Content to meet the technical requirements of connecting networks or devices. Immix Wireless cannot guarantee that your intended recipient is the only party that will receive the Content or that you will receive timely confirmations of the Content you send. In addition, Immix Wireless cannot guarantee that messages you send or that are sent to you will be received in a timely manner, or that your messages will be received at all. 23 RINGTONES AND ICONS — a. You may not forward, sublicense or disseminate any Ringtones or Icons in any other way or to any other phone or device, except for the transfer of Icons as part of a permissible SMS text message. Any such transfer of a Ringtone or Icon is a violation of these Terms and Conditions and may constitute a violation of other laws or regulations, such as U.S. Copyright laws. b. In order to download a Ringtone or Icon, you must have a compatible Immix Wireless phone. Please consult the Immix Wireless website and the user manual for your phone to determine if it is capable of downloading Ringtones or Icons. The ability to receive text messages does not necessarily indicate the ability to receive Ringtones or Icons. c. Ringtones or Icons are non-refundable. If you order a Ringtone or Icon and your phone is not compatible or will not support the Ringtone or Icon you will still be charged, but your phone will not be able to play the Ringtone or Icon. Please make sure that you have a compatible phone before you confirm your purchase. If you purchase a Ringtone or Icon and your phone’s memory does not have available storage, you will be charged for the download. It may take up to an hour for a download to complete. 24 DATA SERVICES & CONTENT USAGE — Immix Wireless data services and your handset may allow you to access the internet, text, pictures, videos, games, graphics, music, email, sound, and other materials (“data content”) or send Data Content elsewhere. Some data is available from us or our vendors, while other data content can be accessed from others (third party web sites, games, ringtones, etc). Immix Wireless makes absolutely no guarantees about the data content you access on your handset/device. Data Content may be (1) unsuitable for children/minors; (2) unreliable or inaccurate, or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the data content accessed by you or anyone on your account. Data Content from third parties may also harm your handset/device or its software. To protect our network, services, or for other reasons, Immix Wireless may place restrictions on accessing certain data content (such as certain websites, applications, etc.), impose separate charges, limit throughput or the amount of data you can transfer, or otherwise limit or terminate your data services. Depending on the data service feature you have opted for, usage may be charged against an allowance or on a fixed price per kilobyte (KB). If you are charged on a fixed price per KB or on KB overage, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your handset/device’s internet address, including data sessions you did not initiate and for incomplete transfers. As long as your handset/device is connected to Immix Wireless data network, you may incur data charges. Examples of data you will be charged for include: games, ringers, pictures, etc, in addition data used in accessing, transporting, and routing the file on our network, data from partial or interrupted downloads, resent data, the data associated with unsuccessful attempts to reach websites or use applications. These charges are in addition to any charges for the Data Content itself (games, ringers, etc.). In addition to the rules for using all of our other services, unless we identify the service or handset/device you have selected as specifically intended for that purpose (for example, wireless routers, data link, etc), you cannot use Immix Wireless data service: (1) with server devices or host computer applications, or other systems that drive continuous heavy traffic or data sessions; and (2) as a substitute or backup for private lines or frame relay connections. Immix Wireless reserves the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network. If your services include unlimited web or data access, you also cannot use your handset/device as a modem for computers or other equipment. 25 NUMBERS — a. You do not own the Number assigned by Immix Wireless. We can change or reassign the Number by giving you notice. b. If your account is deactivated, we can reassign the Number without giving you any notice. c. You may not assign the Number to any wireless phone or other equipment except as approved by us or otherwise required by law. You may not assign the Number to any other party. d. Please note that your name and Number may be displayed on the phone of a person you call if that person uses caller identification. Your telephone number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers. 26 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. You must fulfill the remainder of your Term or the Early Termination Fee will apply. 27 MISUSE OF SERVICE OR DEVICE – You agree not to misuse the Service or any Device, including: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or engaging 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; (c) tampering with or modifying your Device; (d) "spamming" or engaging in other abusive or unsolicited communications; (e) reselling Immix Wireless Devices for profit, or tampering with, reprogramming or altering Devices for the purpose of reselling the Device; or (f) assisting or facilitating anyone else in any of the above activities. 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. 28 YOUR RIGHT TO DISPUTE CHARGES – If you have a dispute regarding your bill or charges to your account, you agree to notify us of the dispute within 60 days after the date you first receive the disputed bill or charge, unless otherwise provided by law. If you do not notify us of our dispute in writing within this time period, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 33 below. To contact or notify us, see Section 29 below. 29 NOTICES AND CUSTOMER COMMUNICATIONS – You may contact our Customer Care department at www.immix.com, by calling 1-888-249-8030 or 611 from your Device, or by writing to: Immix Wireless Customer Relations, 27599 Riverview Center Blvd., Suite 201, Bonita Springs, Florida, 34134, Attn: Customer Care Manager. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email of fax number you provided to us, or 4 days after mailing to your billing address. For multi-line accounts, a “Primary Telephone Number” may be assigned to your account for the purposes 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. 30 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-network for any three consecutive billing cycles; (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; (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. 31 INTELLECTUAL PROPERTY — You agree not to infringe, misappropriate or injure the intellectual property rights of Immix Wireless or any third party. Except for a limited license to use the Services or Devices arising from the sale of a product, your purchase of Immix Wireless Devices and Services 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 Devices and Services, which 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. 32 LIMITATION OF LIABILITY — Our liability regarding your use of the services or equipment, or the failure of or inability to use the services or equipment, is limited to the charges you incur for services or equipment during the affected period. We are not liable for any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive or exemplary damages, or attorneys’ fees. a. We make no representations or warranties regarding the services or equipment you receive from us, and disclaim any warranties or representations, express or implied, including any warranties of merchantability or fitness for a particular purpose. We are not responsible for circumstances beyond our control, including without limitation acts or omissions of others or atmospheric conditions. We do not promise uninterrupted or error free service. We do not manufacture any equipment or software that you may use in connection with your service, and your only warranties and representations with respect to equipment or software are those provided by the manufacturer (with respect to which we have no liability whatsoever). b. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE DEVICE OR SERVICE UNLESS DUE TO OUR SOLE AND GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS’ AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT. USE OF YOUR DEVICE WHILE OPERATING A MOTOR VEHICLE OR IN ANOTHER DISTRACTED OR NEGLIGENT MANNER MAY BE PROHIBITED OR RESTRICTED BY LAW IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY US FROM CLAIMS ARISING FROM ANY SUCH UNLAWFUL USE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. c. Your Agreement is subject to (a) the laws of the Commonwealth of Pennsylvania and (b) any applicable federal laws. In the event of an inconsistency between any governmental requirement and this Agreement regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency. d. We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent. e. If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force. f. Our maximum liability to you for any interruption or failure of Service is limited solely to Immix Wireless providing you with a credit for any continuous Service interruption that lasts for more than 24 hours. The credit will equal 1/30 of your monthly service charge for the interrupted Service for each continuous 24-hour period that Service remains interrupted after the Service interruption begins. In calculating any credit owed to you, we will treat the interruption as starting when it is reported to or detected by Immix Wireless, whichever occurs first. The total credits owed to you for interruptions during any monthly service period may never be greater than your monthly service charge for that period. Immix Wireless will have no liability to you, and will not have to issue you a credit if: (1) your negligence or intentional misconduct caused the Service interruption; (2) the Service interruption resulted from a failure of equipment or service not provided by Immix Wireless; or (3) Immix Wireless acted upon a written or verbal request to suspend or terminate your Service. 33 ARBITRATION — Any dispute arising out of this Agreement or relating to the Services and Equipment must be settled by arbitration administered by the American Arbitration Association, using the Wireless Industry Arbitration Rules. Information regarding this procedure may be found at www.adr.org. Each party will bear the cost of preparing and prosecuting its case. We will reimburse you for any filing or hearing fees to the extent they exceed what your court costs would have been if your claim had been resolved in a state court having jurisdiction. The arbitrator has no power or authority to alter or modify this Agreement or any Terms and Conditions, including the foregoing Limitation of Liability section. All claims must be arbitrated individually, and there will be no consolidation or class treatment of any claims. This provision is subject to the Federal Arbitration Act. 34 PRIVACY— except as follows, we won’t share personal information about you with others without your permission. We have a duty under federal law to protect the confidentiality of information about the quantity, technical configuration, type, destination, and amount of your use of our service, together with similar information on your bills. This doesn’t include your name, address, and wireless number. We can, however, share and use this information as required by law, by legal process, by exigent circumstances, or to protect ourselves. We can also use this information to communicate with you about goods and services related to the products and services you already buy from us, and we can share it with our affiliates when related to goods and services you already buy from both us and our affiliates. You can call us any time if you do not wish us to use this information to communicate about such other goods and services with you or you do not wish us to share this information with our affiliates. In addition, you’ve authorized us to investigate your credit history at any time and to share credit information about you with credit reporting agencies. If you ask, we’ll tell you the name and address of any credit agency that gives us a credit report about you. You agree to these terms and conditions throughout the contract period you choose (one year, two years, or month to month.
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