Astound Mobile Terms and Conditions

The following Terms and Conditions (“Terms” or “Terms and Conditions”) form a legally binding agreement between you and Astound Mobile¹ (“Astound Mobile”). Please carefully review these Terms and Conditions. These Terms contain important information about legal rights relating to your Services and CONTAIN A BINDING ARBITRATION PROVISION THAT LIMITS COURT ACTIONS BY YOU. If you disagree with any of the Terms contained herein, please immediately discontinue use of the Services and contact Astound Mobile Customer Support at 800-427-8686 to terminate Services.

1. Acceptance of the Terms and Conditions. By enrolling in the resold commercial mobile radio services (“Services”) provided by Astound Mobile to businesses and residents, and using the Services, you (“Customer”) acknowledge and agree that you are legally able to enter into these Terms and Conditions as an agreement, either individually or on behalf of your organization, and agree to be bound by these Terms and Conditions.To the extent permitted by law, Astound Mobile reserves the right to modify any of these Terms and Conditions, at any time and at its sole discretion, without prior notice. Any modification to these Terms and Conditions will be binding upon you once posted on the Astound website https://www.astound.com/policies-disclaimers/. You should check the Astound website regularly for updates to these Terms and Conditions.

2. Additional Terms Applicable to your Services. Your Services incorporate additional terms and conditions, such as the Astound Internet Access Agreement, the Astound Internet Customer Guide, the Astound Acceptable Use Policy, the Astound Privacy Policy, and others, as the same may be amended from time to time. These additional terms and conditions are incorporated herein and are located at: https://www.astound.com/policies-disclaimers/. In addition, the Terms and Conditions of your Services incorporate the specific terms and conditions applicable to the rate package you have chosen; the rate package terms and conditions are provided to you at enrollment. By Customer’s use of the Services, Customer is deemed to have read and agreed to be bound by these documents. Customer’s breach of any of the foregoing agreements or policies shall be automatically deemed to be a breach of this Agreement.

3. Requests for Services. Applicants for Astound Mobile Services must complete a request for Services, and must provide supporting information and documentation for the request for Services. Astound Mobile Services are provided at Astound Mobile’s discretion based on a variety of factors (such as availability of mobile coverage); requests for Services may be denied by Astound Mobile at its sole discretion. Where permitted by law, Astound Mobile reserves the right to verify credit as a condition of providing its Services. Customer authorizes Astound Mobile to make inquiries, and receive and transmit information about Customer’s credit experience, enter such information into the Customer’s file with Astound Mobile, and disclose such information to appropriate third parties for reasonable business purposes. Astound Mobile may, in its sole discretion, require Customer to pay a refundable deposit as a condition of activating Service, adding any additional services, or as a result of Customer’s failure to pay any amounts when due. Astound Mobile will refund any required deposit, without interest, within thirty (30) days after termination of the applicable Services, minus any amounts due on Customer’s account.In evaluating requests for Services or requiring a deposit, Astound Mobile does not discriminate on the basis of race, color, sex, creed, religion, nationality, sexual orientation, marital status, or any other protected class. Astound Mobile (or third party credit bureaus) will conduct risk assessments in accordance with all applicable laws.

   Note: Astound Mobile Services are limited to residents receiving bills for Services in the following jurisdictions: California, District of Columbia, Illinois, Indiana, Maryland, Massachusetts, Oregon, Pennsylvania, Texas, Virginia, and Washington.

4. Mobile Devices. As part of the request for Services, Customers must provide Astound Mobile information about the Customer’s handheld mobile device that will be used for Astound Mobile Services (“Astound Mobile Device” or “Mobile Device”). Astound Mobile does not provide Mobile Devices – Customers must bring their own Mobile Devices to use Astound Mobile Services. The Mobile Device must be compatible with Astound Mobile Services, must be a non-stationary, non-desktop device, and must be approved by Astound Mobile for use with the Services. Note: Customer remains subject to these Terms and Conditions in addition to the terms of service and use applicable to the Customers Mobile Device.To activate your Mobile Device with Astound Mobile, you must ensure that the device is unlocked, is compatible with the Astound Mobile Services, will not interfere with the Astound Mobile Services, and complies with all applicable laws, rules and regulations. Astound Mobile reserves the right to deny Services based on the Mobile Device.

   Once a Mobile Device is approved for use on Astound Mobile’s Services, Astound Mobile will provide Customer with a SIM card for use in the Mobile Device. Upon activation, the Astound Mobile Device can only be used with Astound Mobile Services, and cannot be used with any other wireless or cellular services. Some functions and features referenced in certain manufacturer’s manuals for your Mobile Device may not be available with Astound Mobile Services. Customer is responsible for ensuring that the Mobile Device meets all federal laws and standards and for all maintenance of the Mobile Device required to use the Services. Not all aspects of the Astound Mobile Services will function on all devices. Astound Mobile reserves the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Mobile Device, at any time without notice, and will have no liability for doing so.

   For Customers without a Mobile Device, Astound Mobile may refer the Customer to third party provider to obtain a Mobile Device. Astound Mobile makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including, any warranty of merchantability, fitness for a particular purpose, service quality of content, non-infringement, performance, accuracy, or efforts, relating to any third party provider of Mobile Devices, to any Mobile Device, or to Astound’s referral to any third party provider.

5. Activation of Services. Upon activation of the Services, the Astound Mobile Device will receive an assigned telephone number for use with Astound Mobile Services. The assignment of the telephone number to your Astound Mobile Device does not confer on you any proprietary interest in the telephone number. Astound Mobile may reassign the Mobile Device telephone number to another subscriber, without giving notice, if you cancel the Services, or if your account is deactivated or is otherwise terminated.You may transfer a telephone number assigned to you by another provider to an Astound Mobile Device for use on Astound Mobile Services by contacting Astound Mobile Customer Support at 800-427-8686. You must contact Astound Mobile Customer Support to port the telephone number to your Astound Mobile Services prior to terminating services with the other provider or prior to the telephone number’s reassignment by the other provider. Astound Mobile will not reimburse Customer for any termination charges or other charges and fees imposed by other providers for transferring a telephone number to Astound Mobile.

6. Services. The Services provided by Astound Mobile are acquired by Astound Mobile from third-party networks and providers, including networks owned and operated by one or more licensed CMRS providers (“Carriers”). Customers may only activate new Services if enrolled in an Astound Broadband Internet plan; Customers are not required to maintain the Astound Broadband Internet plan to continue Astound Mobile Services. Astound Mobile Services provide broadband Internet access service (“BIAS”) bundled with Data, Voice, and Texts. The terms and conditions applicable to Astound’s Internet services are located at: https://www.astound.com/policies-disclaimers/. Enrollment in Services requires you to choose an Astound Mobile Service package that contains broadband data. Existing Astound Mobile customers who wish to switch packages may do so by calling 800-427-8686.

   All Astound Mobile Service packages contain a specified-amount of broadband data per month (such as 1 Gigabyte, 3 Gigabytes, or 20 Gigabytes usage). Voice, and texts, short message service (“SMS”), and multimedia service (“MMS”) (collectively, “Text”) are functionality supported by Data. Your Services also incorporate the specific terms and conditions applicable to the rate package you have chosen, which take precedence over the below descriptions in the event of a conflict.

   Data Usage. Astound Mobile offers packages that provide gigabytes of broadband (“Data”) as part of the Services. Data offers access to many forms of Data content such as Internet, music, email, or other materials, and supports voice and Text functionality. The 20 Gigabyte plan offers high-definition (“HD”) streaming; the 1 Gigabyte and 3 Gigabyte plan offer solely non-HD streaming. Astound Mobile data usage is measured in 1 MB increments. Customers will be charged for Data usage in excess of a chosen plan used during a billing period, as indicated in the enrollment terms and conditions for the rate plan chosen by the Customer.

   Voice Telephone. Astound Mobile Services include voice telephone usage provided through the Customer’s Data as Internet-based calling. Voice functionality is supported by your Data usage and is measured in 1 MB increments. Voice telephone usage includes all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, call forwarding, and calls to toll-free numbers. For simultaneous calls, such as incoming call waiting and 3-way calling (where available), and call forwarding, voice service will be billed for each participating call. Voice telephone usage does not apply for calls to 911, 411, and 611 (Astound Customer Support). SEE IMPORTANT NOTICES RELATING TO 911 EMERGENCY SERVICE CALLING BELOW. Voice telephone usage applies for voicemail calls and for incomplete, busy, and no answer calls.

   Texts. Astound Mobile provides Customer with unlimited Text messaging as part of the Services. Sending and receiving Text messages (including picture messages or video messages) is supported by your Data usage and is measured in 1 MB increments. Astound Mobile permits international Texts and permits 411, 611, and other short code Texts.

   Your package may include international voice calling and international texting. International voice calling and texting is restricted to calls and texts placed to the countries, and are billed at the rates, listed here: https://www.astound.com/support/mobile/international-calling-rates/. For international roaming, the eligible countries and respective rates are listed here: https://www.astound.com/support/mobile/international-roaming/. The countries applicable to international calling and international roaming are subject to change at any time without prior notice.

   All Astound Mobile Services are restricted from operating when you are located anywhere outside of the United States, Puerto Rico, or the U.S. Virgin Islands, including offshore or in international waters. You will not be able to use your Astound Mobile Device unless you are located in the United States, Puerto Rico, and the U.S. Virgin Islands.

7. Trial Period. When Customers initiate Services, Astound Mobile informs Customers, at points of sale and on its website, that they have may cancel service without charge for usage of the Services within thirty (30) days. Astound Mobile will not impose charges for usage of the Services if the customer cancels Service within the 30-day trial period, provided that the Customer complies with all applicable return and/or exchange policies. Other charges may still apply. Customer will be charged for Services if Customer does not terminate Service during the 30-day trial period.

8. Limitations on Data. Astound Mobile does not guarantee the availability of Data on all of its Mobile Device models or at all times. Data is not available in certain areas. Astound Mobile is not responsible, and will not be liable, for any interruptions or discontinuation of Data or for any failure in Data.

   In addition, you may access third party content and apps using Data for Astound Mobile Services. Access to third party content and apps using Data provided by Astound Mobile is at your own risk. Some content from third parties may harm the Mobile Device or its software, may cause Mobile Device or personal information to be transmitted over the Internet, may including content unsuitable for minors or which is offensive or illegal, or may result in additional charges to your Astound Mobile monthly invoice caused by a third party. Astound Mobile does not have control over the content provided by third parties or charges imposed by third parties. Astound Mobile makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including, any warranty of merchantability, fitness for a particular purpose, service quality of content, non-infringement, performance, accuracy, or efforts of any third party’s content that you may access while using the Services. If you would like to block third party charges, at no charge, contact Astound Customer Care at 800-427-8686.

9. Limitation on Services. Astound Mobile provides coverage maps on its website at: https://www.astound.com/mobile/coverage/. These maps are for general informational purposes only; actual coverage and service areas may vary from the maps and may change without notice. Astound Mobile offers limited “roaming”, where available outside the coverage areas shown, as part of its Service in United States, Puerto Rico, and the U.S. Virgin Islands. While roaming, you may make phone calls from your Astound Mobile Devices at an additional charge indicated at: https://www.astound.com/support/mobile/international-roaming/.

   Astound Mobile does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Factors such as network congestion, terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and/or your equipment may interfere with actual service, quality, and availability. In addition, services may be temporarily refused, limited, interrupted, or curtailed due to system capacity limitations, technology migration, or limitations imposed by Astound Mobile or the Carriers, or because of equipment modifications, upgrades, repairs, relocations, or other similar activities necessary for the operation of the Services. In the event Astound Mobile determines that it is necessary to interrupt the Services for maintenance, Astound Mobile will use reasonable efforts to notify Customers prior to the interruption and will attempt to schedule such maintenance during non-peak hours. Neither Astound Mobile, nor the Carriers or any other carrier, shall have any liability any coverage gaps or for service failures, interruptions, outages, or limitations of Service.

10. Emergency Calls and Services. Astound Mobile Services provide free access to 911 emergency services but your Mobile Device must have battery power and network connectivity to complete a 911 call. You should always be prepared to provide your location information even if your Mobile Device is GPS-enabled because your Mobile Device may not transmit accurate location information or enhanced 911 services may not be available in your location. In addition, Text-to-911 service is not available in all locations.

    IF THERE IS NO OR LIMITED WIRELESS COVERAGE, YOUR CALL TO 911 MAY NOT GO THOUGH — YOU SHOULD DIAL 911 FROM THE NEAREST LANDLINE PHONE. PLEASE REVIEW THIS SECTION CAREFULLY. BY USING THE SERVICES, YOU ACKNOWLEDGE THE LIMITATIONS IN THIS SECTION.

    Using Internet-based calling through your Astound Mobile Service or through your Astound Wi-Fi Internet connection may limit your ability to access Emergency Services. WHERE POSSIBLE, USE A TRADITIONAL LANDLINE. Internet-based calling applications operate differently than traditional landline telephone services. It is important that you understand these differences. The differences in the Emergency Services calling capabilities include the following:

    (i) calls through the Internet may not convey the actual location of a caller making an Emergency Services call or may connect a caller with an Emergency Services call center not in the caller’s area, which could result in Emergency Services being dispatched to the wrong location or may result in other significant delays in Emergency Services’ arrival—CALLERS MAY BE REQUIRED TO PROVIDE ADDITIONAL LOCATION INFORMATION BEFORE REACHING AN EMERGENCY SERVICES CALL CENTER;

    (ii) calls through the Internet may not connect callers to the Emergency Services call center serving the caller’s location or may connect the caller to administrative lines for Emergency Services which may not be staffed or staffed by Emergency Services operator after hours;

    (iii) if the Customer’s Mobile Device or Wi-Fi equipment has no power, is experiencing a power outage, or for any reason cannot otherwise access the Internet, Customer cannot make an Emergency Services call using Internet-based calling applications; and

    (iv) although Internet-based calling can be used anywhere where an Internet connection is available, users should not make an Emergency Services call from a location outside their home country/region because the call likely will not be routed to the appropriate call center in that country/region.

    PLEASE USE A TRADITIONAL LANDLINE TELEPHONE, WHERE AVAILABLE, TO ACCESS EMERGENCY SERVICES RATHER THAN USING INTERNET-BASED CALLING.

    Text-to-911 service may be available in some locations, but the availability of text-to-911 depends on whether the Emergency Services call center has implemented the ability to receive text messages.

11. Emergency Alerts. To the extent made available from the Carriers and supported by your Mobile Device, Astound Mobile will provide wireless emergency alerts administered by the federal government. There is no charge for these wireless emergency alerts.

12. Disruption or Failure of Services. In no event shall Astound Mobile be liable for any failure or interruption of transmissions or for the Services, including, without limitation, loss of data or business opportunity. Subject to applicable law, credit may be given for qualifying outages. Astound Mobile shall not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages from whatever cause. Any applicable service outage credit and Customer’s termination rights shall be Customer’s sole and exclusive remedies in the event of any disruption or failure of services. Astound Mobile MAKES NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, AND Astound Mobile HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

13. Charges and Billing. Astound Mobile will bill Customer monthly for Services, in advance, and will bill Customer monthly, in arrears, for overage charges, other services ordered from Astound Mobile during the prior month, and for third party charges (where ordered through the Astound Mobile Device). Customer agrees to pay all undisputed monthly charges as itemized on the Astound Mobile monthly invoice by the due date specified on the invoice. If Customer, in good faith, disputes all or any portion of such charges, Customer must timely pay the undisputed portion of the amount due and notify Astound Mobile of disputed amounts, and reasons therefor, within sixty (60) days of the invoice date, and any failure to raise such good faith dispute within such time period shall result in a waiver of Customer’s right to further dispute such charges.

    If you purchase services or products from third parties using your Astound Mobile Device, these charges may be included on your Astound Mobile Services invoice. If you would like to block third party charges, at no charge, contact Astound Customer Care at 800-427-8686.

    Customer shall pay all applicable local, state or federal fees (including but not limited to regulatory recovery, franchise and/or carrier or line fees) or taxes, however designated, as well as any surcharges, excises, “pass-through” charges, or other payment obligations in connection with the Services imposed or permitted by governmental or quasi-governmental bodies, or otherwise imposed by Astound Mobile, in connection with the use or provision of the Services.

    If Customer breaches these Terms and Conditions or fails to abide by Astound Mobile’s Terms, or rates, rules and regulations, Astound Mobile, at its option, may discontinue the Services, impose a late payment, service charges, or reconnection fees. Customer shall pay all costs, including, without limitation, costs for collections agency services and reasonable attorneys’ fees to Astound Mobile in the event that Astound Mobile finds it necessary to enforce collections or to otherwise preserve and protect its rights under these Terms and Conditions. Each service may generate a separate late fee. Customer may also incur an additional charge for dishonored/returned checks, or credit card, bank card, or other charge card chargebacks. If Astound Mobile accepts late or partial payments, you still must pay us the full amount you owe, including late fees. In the event that Astound Mobile engages in collections activities, an additional collections charge may be imposed, which may include, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration and court costs. Astound Mobile shall furnish to Customer upon request, a list of its current rates and charges.

    Astound Mobile reserves the right to make modifications to these Terms and Conditions, its offerings and plan packages at any time without notice, in accordance with applicable law. Customer acknowledges and agrees that Astound Mobile has the right at any time to preempt, without prior notice, specific Services advertised as available to Customer. Astound Mobile may, at its discretion, make additions, deletions or modifications to its charges and packages without liability to Customer. In the event of any material changes, Astound Mobile will provide fourteen (14) day prior-notice of any proposed changes to the rates and offerings. However, if there is a change in governmental, quasi-governmental, or provider service taxes, fees, or assessments, Astound Mobile may not provide notice unless required by applicable law.

14. Termination of Services. Customer may terminate any or all Services at any time by notifying Astound Mobile of its desire to do so. If Services begin on a day other than the first (1st) day of a billing month period, or if Services are terminated on a day other than the last day of a billing month, the charge for such month shall be determined by pro-rating the monthly payment by the number of days during which Services were provided.

    ASTOUND MOBILE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICES FOR GOOD CAUSE, including but not limited to: (i) if Customer fails to comply in full with all the terms herein (including for non-payment), or the provisions of any applicable laws, rules, or regulations; (ii) if Customer interferes with Astound Mobile’s ability to provide the Services to Customer or any third party, or uses Services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Astound Mobile’s network or systems; (iii) if Customer interferes with or endangers the health or safety of Astound Mobile personnel or third parties; (iv) if Customer harasses or makes any express or implied threat of violence, or uses derogatory language, towards any employee, representative, agent, or contractor of Astound Mobile; (v) if Astound Mobile loses the right or ability to provide the services necessary to serve Customer; (vi) if Customer provides false, inaccurate, dated, or unverifiable information, including identification or credit information; (vii) if Customer uses the Services for monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, autodialed calls or other commercial uses; (viii) if Customer tampers with or alters the Astound Mobile Device or its software; or (ix) if Customer engages in any unauthorized or illegal use of the Astound Mobile Device or the Services. Astound Mobile reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses detailed above or if Astound Mobile, at its sole discretion, determines action is necessary to protect its operations and the Services of other customers.

    Upon termination of Services, all outstanding charges must be paid to avoid additional or continuing charges. In the event of termination by Astound Mobile, any restoration of Services shall be solely at Astound Mobile’s discretion, subject to a restoration fee, and on such terms as Astound Mobile shall determine are necessary to resume Services on a commercially reasonable basis.

15. Affordable Connectivity Program Participation. The Affordable Connectivity Program (“ACP”) is a federal government benefit program operated by the Federal Communications Commission (“FCC”) that reduces one eligible household’s broadband Internet service bill by up to $30 per month. The ACP benefit is only available to one qualifying household that qualify to participate. A household is any individual or group of individuals who live together at the same address and share income and expenses.

    Through the ACP, eligible ACP households can receive up to a $30 credit off their broadband Internet service plan. An ACP-eligible household may apply the ACP benefit to any broadband Internet service plan available in the area offered, at the same terms available to households not eligible for ACP. If an eligible household receives services that contain more than one broadband Internet plan in the same month of service, the up to a $30 credit will first be applied to your fixed-line broadband services (including equipment); if any portion of the ACP credit remains, then to your Mobile Services. An ACP eligible household will never receive an ACP credit more than the cost of the ACP-eligible services and will never receive more than one up to a $30 ACP credit in a service month.

    The ACP benefit can be transferred at any time. Without incurring a termination fee, a household may transfer the ACP benefit to another provider or opt-out of the program. If the ACP ends, if the household transfers its ACP benefit to another provider but continues to receive broadband Internet service, or if de-enrolled from the ACP, the full, undiscounted retail rate and general terms and conditions of service will apply. If the ACP benefit does not completely cover the cost of the plan, monthly payments for the ACP-supported broadband Internet services are required. Upon transfer of an ACP benefit to another provider, Customer retains the same Internet plans without the ACP benefit unless Customer requests another plan or requests to terminate the Internet plan previously supported by the ACP benefit.

    To continue to be eligible for ACP-supported broadband service, Customers that have no costs for an ACP-supported broadband Internet plan after application of the ACP benefit, must, within any consecutive thirty (30) day period, use each broadband service supported by the ACP within fifteen (15) days to avoid termination of ACP-supported broadband service.

16. Consent to Communications from Astound Mobile: Customer agrees that Astound Mobile or Astound Mobile’s contractors may email, call or text Customer at any email address or telephone number Customer provides to Astound Mobile or that Astound Mobile issues to Customer for any purpose relating to Customer’s account and/or the services to which Customer subscribes. For example, Astound Mobile may call or text Customer to provide information about Customer’s account or services, including, without limitation, the status of repairs or outages, and to schedule or confirm service appointments. Customer expressly consents to receive such communications and agrees that such communications are not unsolicited. Customer acknowledges and agrees that these communications may include the use of an automatic telephone dialing system and/or artificial or pre-recorded messages. Message frequency depends on Customer’s activity with the services. Message and/or data rates may apply. You agree that all consents provided in this Section will survive cancellation of your Service and account.

    You can contact us to opt-out of receiving calls or texts made using an automatic telephone dialing system and/or artificial or pre-recorded voice technology at any time, including by simply texting “STOP” in response to an Astound Mobile text message. For additional information about our SMS (text message) program, please see https://www.astound.com/policies-disclaimers/text-messaging-terms-conditions/.

17. CAN-SPAM Act. Commercial email messages sent to Customer will comport with the requirements of the CAN-SPAM Act. Customer consents to receive commercial email messages (including mobile service commercial messages sent to your wireless device) from Astound Mobile including for advertising purposes, subject to the opt-out restrictions described below.

    Astound Mobile will honor commercial email opt-out requests received within ten (10) business days if received by Astound Mobile within thirty (30) days of the date when the original message was sent. Opt-out instructions and submissions are available at: https://connect.astound.com/residential-powered-by-rcnhttps://connect.astound.com/residential-powered-by-grandehttps://connect.astound.com/residential-powered-by-entouchhttps://connect.astound.com/residential-powered-by-wave. For more on our data protection practices and your privacy rights, please review the Astound Privacy Policy located at: https://www.astound.com/policies-disclaimers/privacy-policy/.

18. Force Majeure: Neither party shall be liable for any delay or failure of performance or Equipment due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; inability to appropriately configure and/or interconnect the Equipment within Customer’s residence; or strikes, lock-outs, work stoppages or other labor difficulties.

19. Customer Property: Astound Mobile assumes no responsibility for the condition or repair of any Mobile Device or equipment not provided by Astound Mobile. Customer is responsible for the repair and maintenance of the same. Astound Mobile is not responsible or liable for any loss or impairment of reception of Astound Mobile’s Service due in whole or in part to a malfunction or defect in the Mobile Device or equipment not provided by Astound Mobile.

20. Taxes and Other Charges: Customer shall pay all applicable local, state or federal fees (including but not limited to regulatory recovery, franchise and/or carrier or line fees) or taxes, however designated, as well as any surcharges, excises, “pass-through” charges, or other payment obligations in connection with the Services imposed or permitted by governmental or quasi-governmental bodies, or otherwise imposed by Astound Mobile, in connection with the sale, installation, use, or provision of the Services.

21. Compliance with Law. Customer understands that the Services provided hereunder may be governed by certain federal, state and local regulatory requirements which are incorporated herein. Customer agrees to comply with all laws, statutes, and regulations applicable to its use of the Services. Customer further agrees that, if required by law enforcement entities in a legally enforceable request, Astound Mobile may monitor or facilitate monitoring, and otherwise disclose the nature and content of communications transmitted through the Services or the Mobile Devices as ordered, without any further notice or liability.

22. Governing Law and Venue. These Terms shall be construed under the laws of New Jersey, without regard to its choice of law rules. To the extent arbitration is not applicable, any and all claims, other legal proceeding or litigation shall be brought in State of New Jersey, and Customer consents to any required jurisdiction of such courts.

23. Assignment or Transfer. These Terms and Conditions and the Services are not assignable or otherwise transferable by Customer. Astound Mobile may freely assign these Terms and Conditions, any of Astound Mobile’s rights and obligations, and any debt Customer owes to Astound Mobile, without notice to Customer.

24. Additional Representations and Warranties: In addition to representations and warranties made by Customer in these Terms and Conditions, Customer further represents and warrants that:

    • Age: Customer is at least eighteen (18) years of age.
    • Customer Information: During the term of these Terms and Conditions, Customer has provided and will continue to provide to Astound Mobile accurate, complete, and current information to adequately identify and affiliate the account with the identified account holder of record. Customer acknowledges that Astound Mobile relies upon the provision of truthful information and that Customer will notify Astound Mobile promptly, in accordance with the terms of these Terms and Conditions, if there is any change in the information provided to Astound Mobile. Failure to comply may result in breach, default or termination of Customer’s Services.

25. Entire Agreement: These Terms and Conditions constitute the entire agreement between the Customer and Astound Mobile. Customer represents and warrants that he/she has the right to enter into these Terms and Conditions. No undertaking, representation or warranty made by any agent or representative of Astound Mobile in connection with the Astound Mobile’s Services shall be binding on Astound Mobile except as expressly included herein. Astound Mobile may amend, revise, or modify these Terms and Conditions from time to time, including but not limited to revisions to the provisions that govern the way that Customer and Astound Mobile resolve disputes. The changes will not be retroactive, and the most current version of the Terms and Conditions, which will be posted on Astound Mobile’s website, https://www.astound.com/policies-disclaimers/terms-conditions/, will govern the relationship between Astound Mobile and its Customers.

    Astound Mobile will notify Customer of material amendments, revisions, or other modifications to these Terms, through electronic or other written notification. This notice may be provided on the monthly bill, as a bill insert, by U.S. mail, by e-mail, or through any other permitted form of communication. Customer agrees that any one of these methods is sufficient and effective notice and will be effective with respect to Customer’s relationship with Astound Mobile fourteen (14) days after such notice unless otherwise stated. If Customer does not wish to agree to a change to the Terms and Conditions, Customer shall have the right to terminate the Service without any financial penalty. Customer’s election to continue receiving the Service thereafter shall be deemed to constitute Customer’s acknowledgment and acceptance of such amendment, revision, or modification to the Terms and Conditions.

26. Reservation of Rights: Astound Mobile may decide not to enforce its rights or exercise a remedy under these Terms and Conditions in any specific instance. Any such decision in one instance shall not act as a waiver of Astound Mobile’s rights or remedies in any other instance. Nothing contained in these Terms and Conditions limit Astound Mobile’s rights and remedies available at law or in equity. If these Terms and Conditions terminate, Astound Mobile reserves the right to delete all of Customer’s data, files, electronic messages, voicemails, user account names, email addresses, IP addresses, websites, or other information that are stored and/or used with the Services. If Customer cancels phone service without porting Customer’s service or telephone number to another service provider, Customer will forfeit the telephone number. Astound Mobile will not be liable for the loss of any data, information, or phone numbers.

27. Binding Arbitration:

    Purpose. If you have a Dispute (as defined below) with Astound Mobile that cannot be resolved through an informal dispute resolution with Astound Mobile, you or Astound Mobile may jointly or unilaterally elect to arbitrate that Dispute in accordance with the terms of this Arbitration Clause rather than litigate the Dispute in any federal or state court or other tribunal. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHTS TO PROCEED IN COURT AND HAVE YOUR CLAIMS RESOLVED BY A JUDGE OR JURY IN THE EVENT ARBITRATION IS ELECTED. Instead, you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts. If either you or Astound Mobile elects to arbitrate the Dispute, that election shall be binding on the other party.

    Definitions. The term “Dispute” means any dispute, claim, or controversy between you and Astound Mobile regarding any aspect of your relationship with Astound Mobile, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Clause. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Clause, “Astound Mobile” means Astound Mobile and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees, representatives, and agents.

    Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Astound Mobile elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may open a case with the American Arbitration Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Arbitration Rules of the American Arbitration Association (“AAA”).

    Arbitration Procedures. You and Astound Mobile agree that the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes, even if the substance of the Dispute is governed by other federal or state laws or regulations. No state statutes pertaining to arbitration shall be applicable under this Arbitration Clause.

    If there is a conflict between this Arbitration Clause and the rules of the AAA, this Arbitration Clause shall govern. If there is a conflict between this Arbitration Clause and the rest of these Terms and Conditions, this Arbitration Clause shall govern.

    A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

    The arbitrator will make any award in writing, including (unless both parties otherwise agree, in writing) a statement of reasons supporting the award. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.

    If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

    Restrictions:

    1. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED.

    2. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, CONSOLIDATED OR AGGREGATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER SUBSCRIBERS, OR OTHER PERSONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS OR ANY RELATED ARBITRATION RULES, ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS SECTION 27 SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

    Location of Arbitration. The arbitration will take place at a location reasonably convenient to you and Astound Mobile in the area where you receive the service from us.

    Payment of Arbitration Fees and Costs. Astound Mobile will reimburse any filing fee that the AAA charges you for arbitration of the dispute to the extent that the amount of such a fee exceeds the filing fee that would be charged by a court with jurisdiction over the dispute. If that arbitration proceeds, Astound Mobile will also pay any administrative and arbitrator fees charged later, as required by the rules and fee schedule of the AAA.

    Severability. If any clause within this Arbitration Clause is found to be illegal or unenforceable, that clause will be severed from this Arbitration Clause, and the remainder of this Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Clause will be unenforceable, and the dispute will be decided by a court.

    In the event this entire Arbitration Clause is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Clause, you and Astound Mobile have each agreed to waive, to the fullest extent allowed by law, any trial by jury.

    Exclusions from Arbitration. Where the total amount in controversy for the action is $5,000 or less, the party bringing the claim can choose to proceed in arbitration, or alternatively, can bring an individual action in small claims court. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, YOU AND Astound Mobile FURTHER AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

    Continuation. This Arbitration Clause shall survive the termination of your service(s) with Astound Mobile.

    For New York Video Customers. You may elect to resolve a Dispute through the New York Public Service Commission in accordance with NYCRR 16§890.709(a) and NYCRR 16§709(c).

    Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION CLAUSE, YOU MUST NOTIFY Astound Mobile IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THESE TERMS AND CONDITIONS BY VISITING WWW.ASTOUND.COM/POLICIES-DISCLAIMERS/ARBITRATION-OPT-OUT OR BY MAIL TO Astound Mobile TELECOM SERVICES, LLC., 650 COLLEGE ROAD EAST, SUITE 3100, PRINCETON, NJ 08540, ATTN: LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION TO Astound Mobile MUST INCLUDE YOUR NAME, ADDRESS AND Astound Mobile ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH Astound Mobile THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION CLAUSE WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH Astound Mobile OR THE DELIVERY OF SERVICE(S) TO YOU BY Astound Mobile. IF YOU HAVE PREVIOUSLY NOTIFIED Astound Mobile OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

    Required Time for Notice of a Dispute. You must give us notice of a dispute within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes, about which you must contact Astound Mobile within one hundred eighty (180) days,), or you waive the right to pursue any claim based upon such events fact or dispute.

    Disclaimers

    Not all services, speeds, packages, equipment, channels, tiers, pricing, streaming services, product offerings and product features are available in all areas. Offers valid only for new residential customers or previous customers with account in good standing who have not had our service within the last 60 days. All names, logos, images and service marks are the property of their respective owners. Other restrictions may apply.

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