Immix Wireless -- immix.com --

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Immix Wireless Important Customer Information

NOTICE: BY USING THE IMMIX WIRELESS SERVICE YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE IMMIX WIRELESS SERVICE, AND RETURN YOUR PHONE IMMEDIATELY TO IMMIX WIRELESS TO CANCEL YOUR SERVICE. AN EARLY TERMINATION FEE MAY APPLY.

Immix Wireless reserves the right to temporarily suspend your service for any balance that is not paid by the due date. Immix Wireless reserves the right to terminate your service if less than 50% of your usage over three consecutive billing cycles is on Immix-owned systems. If you are under contract you will be charged an Early Termination Fee.

Service Agreement: Terms and Conditions READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and Immix Wireless and explain our respective legal rights concerning all aspects of our relationship. It explains our respective legal rights concerning prohibited uses, billing and payment, dispute resolution, starting and ending service, fees, limitations of liability and other important topics. This Agreement also includes by this reference any terms and conditions applicable to the Service(s) that you select as described in any of our product brochure(s) and advertising.

In addition, certain regulatory filings and other laws may also govern our provision of Services to you. If this Agreement conflicts with any applicable law, the law shall control. This Agreement replaces and supersedes all previous versions of the Terms and Conditions of Service. Because these Terms and Conditions of Service may change from time to time, please visit us at our official website (www.immix.com) or visit one of our retail stores for the most current version.

1. Service— WHEN YOU START SERVICE OR PLACE ANY CALL ON OUR WIRELESS SYSTEM, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IN ADDITION, EACH TIME YOU PAY FOR SERVICE FROM US, YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DISAGREE WITH ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, YOU DO NOT HAVE TO ACCEPT THE AGREEMENT. IF YOU DO NOT WANT TO ACCEPT THIS AGREEMENT, DO NOT START SERVICE OR PLACE ANY CALLS ON OUR WIRELESS SYSTEM AND RETURN YOUR PHONE, UNUSED AND WITH THE ORIGINAL RECEIPT AND ALL PACKAGING AND ACCESSORIES, TO THE STORE WHERE PURCHASED WITHIN THE RETURN PERIOD SET BY THAT STORE.

2.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.

3. 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.

4.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 have a 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. Data Services & Content Usage — Immix Wireless data services and your handet 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.

10. 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.

11. 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.

12. 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.

13. 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).

You agree to these terms and conditions throughout the contract period that you choose. If a month to month plan is available and applicable and you choose a month to month plan, you agree to abide to all the terms and conditions of this Agreement in each and every month you use the Service.

Last updated July 2008