LIMITLESS MOBILE, LLC
MOBILE FIXED BROADBAND TERMS OF SERVICE
If you activated your Limitless Mobile Services before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions. The terms and conditions included with your fixed broadband router may not be the most current version. The most current version of Limitless Mobile’s terms and conditions are available at http://limitlessmobile.com/fixed-broadband.
Agreement: Your agreement (“Agreement”) with Limitless Mobile and any of its representatives doing business as Limitless Mobile providing Limitless Mobile Services (“Services”) to you is made up of these Terms and Conditions of Service (“Terms”) and the Service Plan we agree to provide you. Your “Service Plan” is described in our marketing materials and includes the rates and features we establish for that Service Plan. We use the words “we,” “us,” “our” or “Limitless Mobile” to refer to Limitless Mobile. You accept the Agreement and Terms when you do any of the following: (1) sign a contract with us on paper or electronically; (2) tell us orally or electronically that you accept; (3) activate Services or attempt to use our Services; (4) pay for the services; (5) open any package or start any program that says you are accepting the Agreement when doing so; and (6) use your service after making any change or addition after you have been informed that continued use of the new or modified service will mean you have given us your acceptance.
You agree and understand that the only warranty or guarantee made concerning the fitness, quality, design, condition capacity, suitability, reliability or performance of any hardware or software sold or provided to you by Limitless Mobile is made by the manufacturer of said product. We shall not be liable in any event for loss of use, profit, revenue, consequential damage, or any claim for damage resulting from the use of purchased hardware, use of Internet and software, or interruption of such service for any cause. Our liability for any cause shall never exceed the actual amount paid to us by you.
Provision of Service: Your purchase or rental of equipment from us does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Some Services may not be available in some areas covered by the Limitless Mobile Network (“Network”).
Credit Verification: If you are making payments on your Service Plan by credit card, you must have and maintain a valid credit card to receive and continue to receive Services. We will verify that your credit card is valid before agreeing to provide Services to you and we may verify that your credit card is valid at any time while we provide Services to you. Credit card verification may include a review of credit reports that we receive from commercially available credit bureaus. If at any time we determine, in our sole discretion, that payment for Services may not be made when due, we may suspend your fixed broadband Service and require that you provide payment on your account or a guarantee of payment before we resume your fixed broadband Service.
Changes to Agreement: We may change this Agreement at any time (but see Service Plan Obligations). Any changes to the Agreement are effective when we publish them on our website, www.limitlessmobile.com. We will give you thirty (30) days’ prior notice, either in your monthly bill or separately, of any material change to this Agreement. If you use our Services on or after the effective date of the changes or make any payment to us (for services not already rendered prior to the effective date of the changes) on or after the effective date of the changes, you accept the changes. If we change a material term of the Agreement and that change has a material adverse effect on you, you may terminate the Agreement without an early termination fee by emailed firstname.lastname@example.org within sixty (60) days of the effective date of the change. You understand and agree that taxes, fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis, and that this paragraph does not apply to any increases in such taxes, fees and other related charges.
Service Plan Duration: Limitless Mobile offers no-contract, one-year, and two-year Service Plans.
Service Plan Obligations: A Service Plan contractually binds you to obtain Services from Limitless Mobile. We may offer non-identical Service Plans to different individuals or entities. Services and coverage under some Service Plans may be more limited as compared to other Service Plans. Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate. Your Service Plan may require that you make a deposit, prepayment, or a series of deposits or prepayments, or be subject to an account spending limit, before Services are activated or maintained. If you are on a Service Plan, your ability to change to another Service Plan may be limited and we may require you to pay a termination fee as set out in the Termination sections of the Agreement. Any change is effective at the start of your next full billing cycle unless otherwise specified by us at the time that you place your change order. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full billing cycle, you will be billed a prorated amount for the period during the previous billing cycle that the new Service Plan or service feature was effective. We may require a service charge for implementing any change directed by you to your Service Plan or optional service features you select.
USE OF SERVICES AND EQUIPMENT
Availability: You must be at least 18 years old to subscribe to our Services. We may require you to provide proof of your age and identity. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Services or equipment to anyone. Services are available within the operating range of the Network only and not everywhere in our license area. Coverage and quality of Services may be affected by conditions beyond our control, including atmospheric, geographic or topographic conditions. We do not guarantee that there will be no interruptions or delays in Services.
SIM Setup Fee: You may be required to pay a non-refundable SIM setup fee when you activate a new router. Details on any applicable SIM setup fee are set out in your Service Plan or can be obtained by calling Limitless Mobile Customer Care toll-free at 1-888-249-8030.
Charges: You must pay, by each invoice due date, all charges for Services provided via the broadband router that our records show you activated no matter who actually uses or has possession of the router at the time Services are provided. These charges include, but are not limited to, recurring monthly service charges, router rental charges, overage charges, optional features you select at an extra cost, and taxes and other regulatory related charges. The usage of data Services is typically measured in megabytes (MB) and gigabytes (GB), which refer to the volume of data transmitted and received by the router while on the Network. Services are billed to your account at a flat rate on a recurring monthly basis. You do not receive data Services session details unless you are on a capped usage plan.
Billing: Billing cycles are approximately thirty (30) days in length. Billing cycles and dates may change from time to time. Except as otherwise provided in your Service Plan, monthly recurring charges (MRCs) are billed one billing cycle in advance. Data usage in excess of your monthly Service Plan allotment is billed to your account as soon as possible after the charges accrue.
Payment: If you have authorized payment for Services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice your credit card or debit your bank account, for all amounts (including any late charges, taxes or other regulatory related charges) due to us or billed by us on behalf of a third party. You must promptly notify us of any change in your address, the credit card used for payment, or the bank account used for bank debits. If we take action to receive payment beyond billing you for charges for Services or equipment, you must pay our costs and expenses of collection, including attorneys’ fees and expenses, the fees of any collection agency and court costs.
Disputed Charges: You must raise any dispute that you have about any charges billed to your credit card or bank debit account within fifteen (15) days of the date of the credit card or bank debit account statement or you have accepted the charges. You may notify us of any dispute by emailing us at email@example.com. Calls to our sales or general business offices are not notice of a dispute. You do not have to pay any properly disputed amounts while we investigate them; however, you must pay amounts not in dispute by the due date.
Termination, Service Plan: If you are on a Service Plan: (1) your ability to terminate Services before the end of the term is limited; (2) your ability to change to another Service Plan before the end of the term may be limited and may result in a termination and/or additional SIM setup fee; (3) you may be required to pay a termination fee as liquidated damages and not as a penalty; (4) we may not terminate Services without cause before the end of the term; and (5) if we terminate Services for cause before the end of the term, you may be required to pay a termination fee as liquidated damages and not as a penalty. No termination fee is charged if you terminate your Service Plan within seven  days of activation of your Limitless Mobile fixed broadband account. You will only be billed the SIM setup fee and the pro-rated portion of the monthly service fee. During the term of this Agreement, we must give each other notice to terminate Services. At the end of your term, your Agreement automatically changes into a “Month-to-Month” Service Plan. At and after the expiration of the original term, you may terminate Services at any time by giving us notice and we may, subject to this Agreement, terminate Services at any time, with or without notice. If either party terminates the Agreement after the original term has expired, you agree to pay that month’s recurring charges and all other charges due and owing on your account. You also agree that you will not receive a credit or refund for any unused data for that month’s billing cycle. No termination fee is assessed if you terminate your Month-to-Month Service plan with us.
Termination, General: Regardless of the term of your Service Plan, we may, without notice, terminate or suspend Services to you without liability at any time: (1) if you breach any provision of this Agreement (including if you fail to pay any charges for Services); (2) if you fail to pay any charges due us for equipment or otherwise; (3) if you incur charges in excess of a billing limit (even if we have not yet billed the charges); (4) if you harass or threaten our employees or agents; (5) if you provide false information to us; (6) if you interfere with our operations; or (7) if we believe the action protects our customer’s interests or our Network. If you promptly cure the breach, we may, but are not obligated to, reactivate Services to you. You must pay all charges for: (1) Services provided before termination of Services; and (2) equipment, regardless of who terminates Services.
Deposits: If we require a deposit for you to establish or keep Services, we will hold the deposit as partial guarantee of payment for Services. We may change the deposit at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to delay payment or pay any bill (unless it is used to pay a final bill). The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history. We may mix deposits with our other funds.
After one year of on-time payment, you may request that your deposit be refunded to your account in the form of a bill credit. If you cancel your account within the seven [7)] day return period and you have paid a deposit, regardless of the form of payment, your deposit will be refunded less any amount owed in the form of a refund check. Refund checks take 6-8 weeks to process.
If Services are terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding charges and any excess will be returned to you at your last known address, within ninety  days after termination of Services. If the U.S. Postal Service cannot deliver the check to you and returns it to us, we will hold it for you for one  year from the date of return; we may charge a monthly servicing fee against the deposit balance. Money held during this one-year period will not accrue interest for your benefit. You forfeit any portion of the money left after the one  year period.
Early Termination, Service Plan: You may terminate your Agreement before the term expires by calling us at 1-888-249-8030 and paying an EARLY TERMINATION FEE of $375 (plus tax) or less (depending on when you terminate) per fixed broadband router as liquidated damages, not as a penalty. The amount of the Early Termination Fee will be reduced by $10 for each full month of your Service Plan that you complete. For example, if you cancel service after the completion of six months of a two-year Service Plan, your Early Termination Fee will be reduced by $60. We may terminate the Agreement if you are in default and charge you the Early Termination Fee as liquidated damages, not as a penalty. The Early Termination Fee is payable in addition to any other outstanding charges for services or equipment on your Limitless Mobile account. We will not charge you the Early Termination Fee if you deactivate service within seven  days after you activated your Limitless Mobile fixed broadband Services. An administrative fee of up to $20 may apply for processing your request to terminate services. Any remaining balance will be refunded within 90 days of cancellation.
Taxes and Other Regulatory-Related Charges: We bill you for taxes, regulatory-related obligations and other charges levied by federal, state or local authorities, or foreign government on Services, or mandated to be paid in proportion to receipts from telecommunications services provided, or on sales of equipment (except for taxes based on our net income), if we pay these taxes or other regulatory-related charges on your behalf. Any additional taxes, regulatory-related charges and other charges not directly paid by us and not billed to you are your responsibility. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we received a valid tax-exempt document.
Unlimited Data Services, Prohibited Uses: We reserve the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to the Network. Examples of prohibited uses include, but are not limited to, the following: (i) server devices or host computer applications, including, but not limited to, continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing; (ii) as a substitute or backup for private lines or dedicated data connections; (iii) “auto-responders,” “cancel-bots,” or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either our Service or other parties’ Internet-based resources, including “denial of service” (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s network or systems; or (vii) software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle or any “keep alive” functions or (viii) tethering a wireless device to a computing device (such as a computer, Smartphone, eBook or E-reader, media player, laptop or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology).
Equipment Replacement Program (ERP): If you enrolled in our Equipment Replacement Program and paid the applicable monthly fees, you may replace your damaged router one time per year during the length of your Service Plan. You must pay a deductible of $50 for each replacement router.
Limitless Mobile does not manufacture the wireless equipment used by customers for its Services. Limitless Mobile disclaims any harm that may result from the use or misuse of any wireless device or equipment provided by Limitless Mobile for use of its Services.
Interruption of Service: We may give credit for a continuous interruption of Services for more than twenty-four (24) hours on a case-by-case basis. Interruptions caused by your negligent or willful actions, or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. You must notify us within twenty-four (24) hours after the interruption occurs to obtain credit.
Equipment Returns: Routers may be purchased and returned as provided in the purchase documents. We are not the manufacturer of the routers and the only warranties on the routers are limited warranties extended by the manufacturer.
Lost or Stolen Equipment: If your router is lost or stolen, you must notify us by calling Limitless Mobile Customer Care toll-free at 1-888-249-8030. You are responsible for all charges for Services related to the lost or stolen equipment before you notify us of the loss or theft. We will deactivate Services to the router upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (e.g., a police report or affidavit). If the router is later found, we may require that you exchange it for another router before we reactivate Services (if we elect to reactivate Services), as well as require you to pay a SIM setup fee. We will deactivate Services to any router without prior notice to you if we suspect any unlawful or fraudulent use. You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use.
Customer Proprietary Network Information (CPNI): Federal law protects your privacy rights as a customer of Limitless Mobile. Customer Proprietary Network Information (CPNI) is information we possess solely due to the customer-carrier relationship that is necessary for us to serve your telecommunications needs. CPNI is defined by the Federal Communications Commission as information that relates to the quantity, technical configuration, type, destination and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and information contained in the bills pertaining to telephone exchange or toll service received by a customer of a carrier. CPNI does not include information that is in the public domain or available from other sources (i.e., census data, subscriber list information, published directory information). Unless you specifically authorize its use, we may not use CPNI to market our services that are unrelated to the services to which you currently subscribe. We will not share CPNI with any other company, including our affiliate companies, unless you are also a customer of our affiliate, or unless you have provided authorization. CPNI can be used by us for certain purposes without your permission. We may use CPNI to offer you new or enhanced services that are related to the category of services to which you currently subscribe. We may also use CPNI to respond to your inquiry regarding services you use or related services we offer. We may also use CPNI in repair and maintenance services, billing and collection, to protect company property, and to prevent fraud. We take measures to discover and protect against attempts to gain unauthorized access to your CPNI. In so doing, we authenticate a customer prior to disclosing CPNI based on customer initiated telephone contact, online account access, or an in-store visit. We value our relationship with our customers and are committed to respecting and protecting your privacy.
Limitation of Liability: Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors or defects) will not exceed: (1) in cases related to a specific piece of equipment, the prorated MRCs for Services to the piece of equipment during the affected period; or (2) in cases not related to a specific piece of equipment, the prorated MRCs for the Services to you during the affected period. We are not liable for any damage arising out of or in connection with: a) Any act or omission of any telecommunications service or other service provider other than us; b) Any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitation or system capacity limitations; c) Accidents or any health-related claims allegedly arising from the use of Services, equipment or accessories used in connection with the Services; d) The installation or repair of any products or equipment by parties who are not our authorized employees or agents; e) Events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike or orders of governmental authority; f) Any use of your router or related equipment not authorized by you; g) Any act or omission of any third-party or independent contractor that offers products or services in conjunction with or through the Services; or h) Your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES: UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Indemnification: You promise to indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services; or (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorneys’ fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives termination of this Agreement.
DISCLAIMER OF WARRANTIES: WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY Limitless Mobile. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR THE OPERATORS OF THE NETWORK AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY Limitless Mobile. THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Notices: You may get our current address for written notice by calling Limitless Mobile Customer Care toll-free at 1-888-249-8030. Written notice to you is sent to your last known address in our invoicing records. Written notice is deemed delivered three  days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Law: (1) you may notify us by calling Limitless Mobile Customer Care; and (2) we may notify you by leaving a message for you on your Limitless Mobile phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
Choice of Law; Jurisdiction: This Agreement is governed by, and construed under, the laws of the Commonwealth of Pennsylvania without regard to its choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts of the Commonwealth of Pennsylvania.
General: If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable Federal and Pennsylvania laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not intended to be used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.