TERMS & CONDITIONS

1 Promotion requires new service line or ported number and activation of one (1) h2o® Wireless $20 or $40 Monthly Unlimited Plan between October 1, 2018 to August 31, 2019 or one (1) h2o® Wireless $30 Monthly Unlimited Plan between December 1, 2018 to August 31, 2019 to be eligible to receive 500 MB, 1 GB, or 3 GB FREE 4G LTE data (Bonus Data) for first month and two (2) subsequent recharges. Subsequent second and third recharges must be made by December 31, 2019 in order to receive Bonus Data for second and third recharges. After initial recharge, and two (2) subsequent recharges, the data allotments are reverted back to the following: 500 MB for $20 Monthly Unlimited Plan, 3 GB for $30 Monthly Unlimited Plan, and 7 GB for $40 Monthly Unlimited Plan for subsequent plan cycles.

2 Download speeds max of 8Mpbs (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p).

3 Unlimited International Talk: Unlimited landline calls to 50+ countries; select countries also include unlimited calls to cell phones. Each monthly plan account can dial up to 10 unique international telephone numbers each month which reset upon the 1st of each month, regardless of plan expiration. Calls to countries other than the U.S. will be terminated at 60 minutes, but you may re-initiate the call thereafter. Does not apply to calls to off network/ special locations.

4 International Talk Credit: Unused international talk credit can’t be replenished if used prior to end of plan cycle and won’t roll over to the next plan cycle. Int’l talk credit can’t be replenished if used prior to end of plan cycle and unused credit won’t roll over to the next plan cycle. Int’l talk rates apply.

5 All international calling is provided by EBB Connect, Inc. (“EBB”). EBB is the carrier of record for international calling made by end-users. EBB is responsible for origination, transport, and termination of calls through its network providers. EBB shall either directly or through billing agreements, invoice its end-users for usage, or if the product has unlimited usage, for the set amount designated for such unlimited use product. For service issues, EBB Connect may be contacted at support@ebbconnect.com.

Unlimited Mobile to Mobile and Landline Calling to Pakistan: Limited time offer, exclusively on the $60 monthly unlimited plan. Calls to Pakistan mobile and landline numbers will be terminated at 60 minutes, but you may re-initiate the call thereafter.

Limited time offer; plan and SIM purchase must be made at www.h2owirelessnow.com. Capable device required for 4G LTE speeds. Speeds limited by device/location. Unused accumulated data, including Bonus Data, is forfeited if you switch between plans, terminate or fail to renew your plan before expiration. You must use a single new service line or ported number during first month and any subsequent recharges to receive Bonus Data, as specified in Footnote 1; any changes to your mobile directory number will cause the forfeiture of any additional unclaimed and/or unused Bonus Data. “Unlimited” does not mean unreasonable commercial/monitoring/abusive use; see full terms on our website for all prohibited uses. Monthly plans expire 30 days after loaded to account. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available unless otherwise specified. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, & roaming not available. Unused Data/Bonus Data/Refills/promotions are not redeemable for cash, have no cash value & are not transferable or refundable. Taxes/fees charged where applicable. Plans/rates/fees/promotions subject to change without notice. Coverage & service not available in all areas. h2o®Wireless service is powered by Locus Telecommunications, LLC. © 2019. All rights reserved. Full Terms and Conditions applicable and available here.

1 Prices shown above based on current Pay As You Go plan prices, minus the promotional Auto Recharge discount. You must be enrolled in Auto Recharge to receive the shown prices. Terms and conditions apply.

h2o® Wireless (“h2o”) service is for personal use in the U.S. only. Calls rounded up to the nearest whole minute. Airtime charges incurred on inbound/outbound calls and voicemail deposits/retrievals. You will be charged for all messages sent (per recipient) by you or to you, regardless of receipt. Data usage applies for sending/receiving MMS. Data usage rounded up to the nearest KB each use. Data speeds limited by device capability/location. International calls charged at the applicable international rate plus airtime. Unused balance rolls over if enrolled in h2o® Wireless Pay As You Go plan and you recharge the same amount as initial balance before the expiration of the h2o® Wireless Pay As You Go Plan; unused balance expires after 90 days for $10, $20, and $30 h2o® Wireless Pay As You Go plans, and 365 days for $100 h2o® Wireless Pay As You Go plan, if not recharged before expiration. By purchasing h2o® Wireless products, you agree to all of the h2o® Wireless Terms & Conditions. Refills have no cash redemption value and are nonrefundable even upon account cancellation. Your account and phone number will be cancelled if the balance remains at $0 for 30 consecutive days. Taxes/fees charged where applicable. Plans/rates/fees subject to change without notice. Service not available in all areas. For full terms and conditions, please click here.

1 Promotion requires new service line or ported number and activation of one (1) h2o® Wireless $20 or $40 Monthly Unlimited Plan between October 1, 2018 to August 31, 2019 or one (1) h2o® Wireless $30 Monthly Unlimited Plan between December 1, 2018 to August 31, 2019 to be eligible to receive 500 MB, 1 GB, or 3 GB FREE 4G LTE data (Bonus Data) for first month and two (2) subsequent recharges. Subsequent second and third recharges must be made by December 31, 2019 in order to receive Bonus Data for second and third recharges. After initial recharge, and two (2) subsequent recharges, the data allotments are reverted back to the following: 500 MB for $20 Monthly Unlimited Plan, 3 GB for $30 Monthly Unlimited Plan, and 7 GB for $40 Monthly Unlimited Plan for subsequent plan cycles.

2 International Features include unlimited int’l talk, international talk credit and unlimited international texting. Unlimited landline calls to 50+ Countries; select countries also include unlimited calls to cell phones. For more details, please click here.

3 Download speeds max of 8Mpbs (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p).

TERMS AND CONDITIONS
 
By using h2o Services and Devices, you are bound to the following:
 
(1) the Terms and Conditions, including the binding arbitration clause;
(2) the terms and conditions associated with your Service Plan and Devices;
(3) the h2o Privacy Policy, available at www.h2owirelessnow.com/policy; and
(4) any other policies incorporated into this Agreement by reference.
 
PLEASE READ THESE Terms and Conditions carefully and make sure you understand each provision as they contain important information about the services provided to you and our use of certain information. These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms and Conditions limit our liability and the remedies available to you in the event of a dispute.
 
  1. General. “h2o,” “we,” “us,” or “our” refers to Locus Telecommunications, LLC d/b/a h2o Wireless and h2o BOLT. “You,” “your,” “customer,” “subscriber,” and “user” refers to an account holder or authorized user of our Services or Devices. “Services” means voice telephony, text messaging, broadband Internet access services, applications, and any other services provided to you by h2o. “Device” means any phone, device, accessory, or other product provided or sold to you by h2o or that is activated or used with your Services. These Terms and Conditions are an agreement between h2o and you under which we provide and you accept our Services and/or Devices (“Agreement”). YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICES, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING THE SERVICES, OR (E) ACCEPT THE SERVICES OR AGREEMENT THROUGH ANY WRITTEN, ORAL, OR ELECTRONIC STATEMENT OR SIGNATURE. You must be 18 years or older to use h2o Services.
 
  1. Charges in General. You agree to have your account debited for all charges resulting from usage of the Services provided under this Agreement, even if you were not the user of and/or did not authorize the use. Charges may include, without limitation: Pay-As-You-Go refill card purchases, recurring charges for prepaid monthly Service Plans; charges based on actual usage of voice call minutes, text messages, and data; activation, administrative, returned payment and late payment charges; network and other surcharges; optional feature charges; toll, collect call, and directory assistance charges; any other charges or calls charged to your phone number; and all applicable taxes, surcharges, and governmental fees, whether assessed directly upon you or upon h2o. Your Service Plan describes the charges for your Services and your allotment of voice call minutes, text messages, data, rates, coverage, and other terms. Making a payment over the phone with an h2o customer service representative may incur a $3 assistance fee in addition to the airtime amount. You can avoid this fee by paying online or through our automated voice system.
 
  1. Taxes and Fees. You agree that, beginning on or about May 1, 2019, you are responsible for paying all required taxes, fees, and surcharges (“Taxes and Fees”) on you prepaid account that are currently due and owing as a result of any and all federal, state, and local statutes, regulations and/or ordinances, or may become due and owing as a result of any new federal, state, and local statutes, regulations and/or ordinances that may be passed, without limitation. Whether or not we are able to give advance notice of the imposition of Taxes and Fees, by purchasing h2o Services and Devices, you expressly agree to pay all applicable Taxes and Fees, as calculated by the zip code associated with your h2o account. It is your responsibility to provide your accurate zip code upon payment for h2o Services and Devices so that the Taxes and Fees that you owe can be properly calculated, collected, and submitted on your behalf. Taxes and Fees will be charged and applied to your h2o purchase whether or not you benefit from the programs, activities, or services that are paid for by the respective Taxes and Fees that you are charged. Taxes and Fees shall be charged upon your initial purchase of any h2o Services and/or Devices and each time a further charge is made for any and all h2o Services and/or Devices. If the charge is made for the renewal of an h2o Service, the Taxes and Fees will be charged prior to the renewal period for the h2o Service. Taxes and Fees shall be charged in addition to the cost of the h2o Services and/or Devices that you purchase and shall be based on the price of the h2o Services and/or Devices that you purchase. You are also responsible for the payment of any and all increases in the Taxes and Fees that you owe upon any increases in Taxes and Fees going into effect, as determined by the respective federal, state, and local governments that impose and/or administer the relevant Taxes and Fees.
 
  1. Voice Charges. You agree to pay for all calls to and from your Devices. Calls are measured in whole minutes of use (“MOUs”) and rounded up to the next full-minute increment at the end of each call for billing purposes. MOUs start being measured for outgoing calls the moment you initiate a call and for incoming calls the moment the signal connection from the caller is established with our facilities. MOUs end after you or the other party terminates the call, but not until the signal of the call disconnect is received and confirmed by our facilities. All outgoing calls for which we receive a signal that the call was answered or which have at least thirty (30) seconds of use shall incur a minimum charge for one MOU. We generally receive a signal that a call is answered when you accept the call, but a signal may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. MOUs may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. MOUs may also occur from other uses of our facilities, including, but not limited to, voicemail deposits and retrievals, and call transfers. Directory assistance, no answer/busy transfer, caller ID, caller ID block, and roaming are not available with any plan. 3-way calling, call forwarding, call waiting, and voicemail features are included; voice rates apply where applicable.
 
  1. Text and Messaging Charges. You agree to pay for all SMS text and MMS messages to and from your Devices. All messages are charged per recipient when sent or when received, regardless of whether they are read or unsolicited. When a single SMS message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. When a single SMS messages is delivered to your Device in multiple parts, you will be charged for each part of the message received. SMS text messages are typically limited to 160 characters per message, but such character limitation may vary depending on your Device. Premium SMS is not available with any plan. Data usage applies for sending and receiving MMS messages. h2o reserves the right to limit picture and video message size at any time. Picture and video messaging consume data and are only available on Devices programmed for data usage. Only the following iPhone Devices can currently be used on the network for picture messaging, Group Messaging, FaceTime, MMS, Visual Voicemail, VoLTE, Wi-Fi Calling, and HotSpot (h2o® Wireless $60 Monthly Unlimited plan only): iPhone 11 Pro, iPhone 11, iPhone XR, iPhone X, iPhone 8 Plus, iPhone 8, iPhone 7 Plus, iPhone 7, iPhone SE, iPhone 6s Plus, iPhone 6s, iPhone 6 Plus, iPhone 6, iPhone 5S - A1532, iPhone 5C - A1428, iPhone 5 - A1533, and iPhone 5 GSM. All other iPhone Devices cannot be used on the network for picture messaging, Group Messaging, FaceTime, MMS, Visual Voicemail, VoLTE, Wi-Fi Calling, and HotSpot (h2o® Wireless $60 Monthly Unlimited plan only).
 
  1. Data Usage Charges. You agree to pay for all data usage from all data transmissions to and from your Devices, regardless of who initiates the transmissions. Data usage occurs whenever your device is connected to our network and is engaged in any data transmission, including, but not limited to: (i) sending or receiving email, documents, or other content, (ii) accessing websites, or (iii) downloading and using applications. Data may also be used (i) to access, transport, and route data on our network, (ii) from partial or interrupted downloads and resend requests caused by network errors, and (iii) data associated with unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that comes pre-loaded on your device regularly and passively send and receive data transmissions to function properly, without you affirmatively initiating transmissions and without your knowledge. You will be billed for all data transport and usage when your device is connected to our network, including all active and passive usage, whether successful or not. Many Devices transmit and receive data without user intervention, when powered “on” outside the United States, Puerto Rico, and U.S. Virgin Islands, causing unexpected data usage. h2o may send “alerts” via SMS or email, to notify you of such data usage. These are courtesy alerts; there is no guarantee we will send them or that you will receive them. A data session initiated on our network will continue its connection over our network until the data transmission is concluded, even when you connect to a Wi-Fi network during the transmission. Based on a number of factors (e.g., the specific application, network performance, etc.) data usage will vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. Memory limitations on your Device may prevent some data or content from being stored. h2o is not responsible for the failure to store data or content nor the deletion of such data or content. For data capable Devices not provided by h2o, manual or auto configuration is needed for MMS and/or data settings. Data allotment for monthly plans are consumed before feature cards. For pay-as-you-go plans, if the data usage balance reaches a certain threshold and there are applications or programs running on your phone that use data, the remainder of the plan balance will be reserved for such data use, and you will be unable to make or receive phone calls (except calls to 911) or send text messages, unless data is turned off to release the remaining balance for other uses. Data usage is billed in full-kilobyte increments and is rounded up to the next full-kilobyte increment at the end of each data session for billing purposes.
 
  1. International Services. When calling outside the U.S., additional charges will apply. Advertised international rates may not apply to calls made to foreign mobile phones or to off-network/special locations and in some instances may be higher. International voice credit does not roll over upon monthly plan expiration; credit cannot be replenished if used prior to the expiration of your monthly plan. For pay as you go plans, international calls are charged at the applicable international rate plus MOUs, except calls to select international destinations are billed only for MOUs and do not include an international rate charge. Restrictions on certain countries may apply. For international calling without the use of international voice credit, each monthly plan account can dial up to ten (10) unique international telephone numbers each month (visit www.h2owirelessnow.com for the complete destination list) which resets upon the 1st of each month, regardless of plan expiration; calls to countries other than the U.S. will be terminated at sixty (60) minutes but may be re-initiated thereafter. All international calling is provided by EBB Connect, Inc. (“EBB”). EBB is the carrier of record for international calling and is responsible for origination, transport, and termination of calls through its network providers. EBB shall either directly or through billing agreements, invoice its end-users for usage, or if the product has unlimited usage, for the set amount designated for such unlimited use product. For service issues, EBB Connect may be contacted at support@ebbconnect.com. As of June 1, 2019, Pay-As-You-Go plans no longer offer international calling for new customers.
 
  1. Pay-As-You-Go Plans. h2o Wireless Pay-As-You-Go Plans and h2o BOLT plans expire in accordance with the expiration date provided with your purchased refill card. h2o refill cards can only be used with h2o Devices. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. If you refill your Pay-As-You-Go Plan before expiration, remaining balances will stack. If your account balance falls to zero while you are on a call, the call will be disconnected. Your account and phone number will be canceled if the balance remains at $0 for thirty (30) consecutive days. If your account becomes inactive, we may deactivate your account and you may lose your phone number. If your account is inactive, you will not be able to utilize your wireless device for any purpose. If you wish to use Services after your account has been deactivated, call Customer Service for reactivation. A reactivation charge may apply and we cannot ensure and do not guarantee that the same phone number will be available. Account balances are not refundable, transferable, or redeemable for cash or credit.
 
  1. Prepaid Monthly Plans. h2o Prepaid Monthly Plans are active at the time of your purchase of a prepaid Device or upon the first call. Credits to your Prepaid Monthly Plan account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased recharge card. Account balances and credits are not refundable, transferable, or redeemable for cash or credit. If you cancel Service before your monthly service period ends, you will not be entitled to any refund or credit for the unused portion of your account balance. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. Any unused allotment of Services from one monthly period will not carry over to the next monthly period. Prepaid Monthly Plans are active for a period of thirty (30) days at the applicable charge and will expire at 11:59 p.m. C.S.T. on the 30th day. When you first activate a Prepaid Monthly Plan, the day the plan is activated counts as the first full day and counts towards the first thirty (30) days, regardless of the time of day the account becomes activated. Accordingly, your first month of activation may be less than a full thirty (30) days, depending on the time the Prepaid Monthly Plan is activated. If you do not maintain a positive account balance on your h2o account, h2o may deactivate your account. Depending on the Monthly Prepaid Plan you choose, terms and conditions may vary. For plan details, consult the applicable plan or feature card terms or visit www.h2owirelessnow.com or www.h2obolt.com.
 
  1. Stacking for Prepaid Monthly Plans. Effective as of October 1, 2019, Prepaid Monthly Plan Subscribers may purchase up to twelve (12) months of recharges, which will be stacked onto an active Prepaid Monthly Plan. Stacking is only available for Prepaid Monthly Plans and only for customers who are not enrolled in monthly auto recharge. You can only stack up to twelve (12) months of recharges onto a Prepaid Monthly Plan at any given time. If any recharges are stacked onto your Prepaid Monthly Plan, you will be unable to change your Prepaid Monthly Plan without forfeiting the stacked recharges. All stacked recharges are valid for thirty (30) days. Recharges will become effective at the end of the thirty (30) day cycle that is active at the time of the purchase of the recharges; the purchase of recharges will not reset the thirty (30) day cycle that is in effect at the time of the purchase of the recharges. All recharge sales are final and no refunds will be given for any purchased recharges, including any recharges that are forfeited if you cancel or change your Prepaid Monthly Plan. Any recharges made by PIN will queue ahead of existing stacked recharges. Recharges will not be subject to any promotions or discounts.
 
  1. LTE Data Top-Ups for Prepaid Monthly Plans. h2o data service is up to 4G LTE speeds for your prepaid monthly plan allotment, then speeds are reduced to up to 2G for the remainder of the plan cycle. Effective as of October 1, 2019, you may purchase LTE Data Top-Ups to be used in conjunction with any Prepaid Monthly Plan during a plan cycle. LTE Data Top-Ups will be applied after you use all the LTE data allotted under your Prepaid Monthly Plan. If you do not purchase an LTE Data Top-Up after you have used all the LTE data allotted under your Prepaid Monthly Plan in a plan cycle, your data speeds will be reduced to up to 2G speeds for the remainder of the plan cycle. If you use all your topped-up LTE data, you may purchase additional LTE Data Top-Ups. Upon the start of a new plan cycle, your unused LTE Data Top Up data will roll over and remain available for any plan cycles of the same continual Prepaid Monthly Plan service in place when the LTE Data Top Up data was purchased. If you change or terminate your Prepaid Monthly Plan, you will forfeit any unused LTE Data Top Up data. You will not receive a refund for any LTE Data Top Up data that is not used upon change or termination of your Prepaid Monthly Plan.
 
  1. Dishonored Financial Instruments and Late Payment Fees. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts or the most allowed by law, whichever is less. We may also charge you fees when your payment are not made on or before your scheduled payment date.
 
  1. Devices. You may purchase a Device from h2o to use with our Services or use your own Device with our Services. Devices must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules, and regulations. Devices may not be enabled for all Services and some Services may not work on some Devices. Devices designed only for accessing data services are not permitted with h2o Services. At times we may remotely change your Device’s software, applications or programming, without notice, to address security, safety, or other issues that impact our network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, how you have programmed your Device, or how you use your Device. While your Device is receiving a software update, whether by our action or yours, you may be unable to use it in any manner until the software update is complete, including to contact 911 or other emergency services. h2o Devices purchased on www.h2owirelessnow.com or www.h2obolt.com are eligible for h2o’s 14-day return policy. h2o Devices purchased in a retail location are subject to the return policy of the place of purchase.
 
  1. Loss, Theft, Damage, or Destruction of Devices. Upon accepting your Device, all risk of loss, theft, damage, or destruction of your Device is borne by you. In the event of any loss, theft, damage, or destruction of your Device, you are responsible for purchasing a replacement Device at your expense. If your Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. When you contact us to report your Device as lost or stolen, you can request that we suspend your Services without a charge. You may be responsible for all charges incurred as a result of any use of your Device until you report the loss or theft and request that we suspend your Services. We will not credit or refund any account balance as a result of loss or theft of your Device. We and you agree to act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device. Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges, and any other obligations that you are responsible for under any other agreements that are in effect between us and you, including, but not limited to, any Conditional Sales Agreement(s).
 
  1. Authorized Use of Our Services and Devices. h2o Services and Devices are provided only for personal, non-commercial uses within the United States. Prohibited uses include, but are not limited to: (a) reselling or leasing our Services; (b) using the Services or Devices to engage in unlawful activity, including, but not limited to, fraud, impersonation and infringement on our or any other person or entity’s intellectual property rights; (c) using the Services or Devices to engage in conduct that adversely affects our customers, employees, business, or any other person; (d) using the Services or Devices to engage conduct that interferes with our Services, operations, network, reputation, or ability to provide quality Service, including, but not limited to, the generation or dissemination of viruses, malware, worms, Trojan Horses, time bombs, auto-responders, cancelbots, corrupted files, or “denial of service” attacks; (e) tampering, modifying, or reprogramming your Device; (f) using the Services or Devices to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files; (g) sending abusive or unsolicited communications, or any other mass or automated voice, text, or data communication for commercial or marketing purposes (e.g., spamming and telemarketing); (h) using the Services in connection with server devices or to operate a hosting service; (i) using applications that automatically consume unreasonable amounts of available network capacity, are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; (j) installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal, unless authorized by h2o; or (k) assisting or facilitating anyone else in any of the above activities. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. If your Device is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage.
 
  1. Unlimited Service Abuse. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Authorized Use policy sets forth in this Agreement applies to all h2o plans, including plans with unlimited talk, text, and data. If h2o finds that you are using unlimited Services for anything other than personal, non-commercial use or in any other way that violates the Authorized Use policy, h2o may, at its option, terminate your Services or change your plan to one with no unlimited Services. h2o may provide notice that it intends to take any of these actions, and may terminate the Agreement. Unlimited text plans only include SMS-based text messages within the United States.
 
  1. Account Access. You authorize us to provide information about and to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. If you authorize another person to access your account or provide another person with your account validation information, that person may be able to make changes to your account. Those changes will be binding on you and h2o takes no responsibility for those changes. If you create an online account, you should ensure your account password is unique and complex to protect the security of your account.
 
  1. Purchases and Authority to Use. Your Device may be used to purchase content, applications, and other goods and services, including applications, games, graphics, ring tones or news alerts (including subscription plans) from h2o or from third parties, including within applications (“In-App Purchases”) (collectively, “Content and Applications”). Content and Applications may be purchased directly with any Device containing a Subscriber Identity Module (SIM) card assigned to your account or online. You are responsible for all charges resulting from the purchase of Content and Applications, including data usage charges incurred while purchasing, downloading, and using the Content and Applications. When you give Devices assigned to your account to other users, you give those users your authority 1) to order Content and Applications from the Device, including subscription services, and to incur charges for those Content and Applications, and 2) to give any consent required for those Content and Applications, including the consent to use the user’s location information to deliver customized information to the user’s Device, or to make any representation required for those Content and Applications, including a representation of the user’s age, if requested. Usage by others can be restricted by use of parental controls or similar features. h2o is not responsible for third-party Content and Applications, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Applications. For assistance with third-party Content and Applications, contact the third-party sellers directly. When you download or install third-party Content and Applications, you are subject to the terms and conditions and privacy policies of that Content and those Applications.
 
  1. Location-Based Services and Related Emergency Service Information. Your Device may be location enabled, allowing your location to be determined by using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology. Your location may be unavailable if your Device is unable to acquire satellite signals and network coverage. Your location information may be used to assist emergency services in finding you; however, always state the nature of your emergency and provide both your location and phone number when you make a 911 call, as, depending on a number of factors, the operator may not automatically receive this information from your Device or the information the operator receives may be inaccurate. h2o is not responsible for failures to connect or complete 911 calls or if inaccurate location information is provided to emergency services. We cannot assure you that if you place a 911 call you will be found. 911 service may not be available or reliable and your ability to receive emergency services may be impeded. Your location information may also be accessed and used by third-party Content and Applications (“Location-Based Services”). Please review the terms and conditions and privacy policies for each Location-Based Service to learn how your location information will be used and protected. We may also use your location information for the purposes described in our Privacy Policy, available at www.h2owirelessnow.com/policy. It is your responsibility to notify users on your account that the Device they are using may be location enabled. The use of certain Location-Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. 
 
  1. Coverage and Roaming. Coverage maps can be viewed at www.h2owirelessnow.com/coverage and/or www.h2obolt.com/coverage. Coverage maps show coverage on the network as well as coverage we make available to you through agreements with other carriers (“off network” or “roaming”). Coverage is not available everywhere. There are gaps in coverage within the areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Coverage may vary and be affected by circumstances beyond our control (e.g., network capacity, interference from buildings and other structures, terrain, and weather). You will not have access to our network outside of our coverage areas. Neither domestic nor international roaming are available with any h2o Service. We do not guarantee the availability of the wireless network and/or coverage.
 
  1. Service Limitations. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) in our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider of our choosing and may be subject to the service limitations of that provider. We do not guarantee the availability, quality, or data speeds of any services when on the network of our underlying carrier or when roaming on another carrier’s network.
 
  1. Disclaimer of Warranties. Warranty disclaimers set forth herein govern unless they are prohibited by applicable law. h2o MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE TO YOU IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE OR DEVICES. You acknowledge that service interruptions will occur from time to time. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer including any warranties, patent, or licensing obligations. Your Device may have a limited warranty extended by the manufacturer directly to you or passed on to you through the vendor from which you purchased the Device.
 
  1. Limitation of Liabilities. To the fullest extent permitted by state and federal law, YOU AGREE THAT NEITHER h2o NOR OUR VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY: (a) act or omission by you or a third party; (b) mistake, omission, interruption, error, failure to transmit, delay, or defect in the Services provided by or through us; (c) damage or injury caused by use of the Services or Devices, including accidents or health-related issues; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by h2o; (f) damage or injury caused by failure or delay in contacting emergency services, including through 911; (g) content or information accessed while using our Services; (h) interrupted, failed, or inaccurate location information services; (i) information or communication that is blocked by a spam filter; (j) events due to factors beyond our control, including acts of God (e.g., weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts; (k) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification; or (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information or data stored on your Device, computer, equipment, or a h2o storage space from your use of the Services, when we service your Device, or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each. Unless applicable law precludes parties from contracting to so limit liability, h2o shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of, or inability to use, the Services or Devices provided by or through h2o, including loss of business or goodwill, revenue or profits, property damage or claims of personal injuries. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, OR PRODUCT LIABILITY.
 
  1. Indemnification. To the fullest extent allowed by law, you agree to defend, release, indemnify, and hold harmless h2o and its officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) of any person or entity arising out of or relating to, directly or indirectly, your or any other person’s use of the Services or Devices provided by h2o; your acts or omissions, including your breach of this Agreement; other h2o policies; any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority, and claims arising in whole or in part from the alleged negligence of h2o. This obligation shall survive termination of your service with h2o.
 
  1. Consent to Customer Communications. You expressly consent to be contacted by h2o or our authorized agents or representatives at any telephone number, physical address, or electronic address where you may be reached, including any wireless telephone number, for any and all purposes, including to inform you about our Services, customer service-related information, or other matters we believe may be of interest to you. You agree that h2o may contact you by any reasonable means, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, postal mail, e-mail message delivered by an automatic e-mailing system, or facsimile. You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons. Your consent to be contacted may be revoked only if it is in writing and is with our express agreement. You must notify us of any address changes.
 
  1. Porting Phone Number. You do not have any legal right to your phone number. Notwithstanding that, you may transfer (“port”) your phone number to or from h2o. You must have an active h2o account to port your phone number to or from h2o. Your account must be active for a minimum of five (5) days before requests to port your number from h2o to another service provider are fulfilled. If you request your new service provider port your number from us and we receive the request from that new service provider, we will treat it as notice from you to terminate our Services for that number upon successful completion of porting. You will not be able to transfer any unused balances on your account to your new provider. After the porting is completed, you will not be able to use our Services with that number. You will forfeit any unused recharges and LTE Data Top-Ups if you port out your phone number to another carrier; under no circumstance will we refund you for any unused recharges, LTE Data Top-Ups and/or any remaining portion of a billing cycle if you port out your number.  If you port your number to another provider, any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination. If your Services are terminated and you do not port your number to another provider, your phone number may be reassigned to another subscriber. Call Customer Service if you wish to port your phone number from another service provider to h2o. If you port your phone number to h2o, some Services may not be available immediately, such as 911 location services. Due to compatibility issues, you may be required to purchase or obtain a new Device and you may be without Service until the new Device is configured. We may charge a fee to cover any costs associated with performing a port. We do not guarantee that number transfers to or from us will be successful.
 
  1. Termination, Suspension, Modification, and Limitation of Your Services. Either party may terminate this Agreement (which will terminate the provision of the Service) at any time on advance notice to the other party. h2o may terminate this Agreement at any time without notice if we cease to provide service in your area. To protect our network, our rights, and interests, or the rights of others, and to ensure the activities of some users do not impair the ability of h2o customers to have access to reliable services provided at reasonable costs, h2o may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Service if you: (a) breach this Agreement, including using the Services or Devices for any purposes prohibited by this Agreement; (b) breach any other h2o policies or terms and conditions, including the terms and conditions of your Service Plan; (c) make a misrepresentation to us; (d) threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or Devices; or (e) fail to make all required payments when due. If you have more than one account with us, you must keep all accounts in good standing to maintain service; if one account is past due or over its limit, all accounts in your name are subject to termination, suspension, modification, or limitation, and all other available collection remedies. We may also temporarily limit your Services for any operational or governmental reason. Limitations may include, but are not limited to, reducing the speed of data Service, reducing the size of files and multimedia messages, restricting the amount of use of any Service, limiting or disconnecting connections to particular phone numbers, countries, destinations, providers, features, and limiting the provision of certain services in certain areas, such as pursuant to roaming arrangements. Modifications may include changing your plan and features. h2o may use message filtering/blocking software to prevent spam, telemarketing calls and messages, and harmful code. Some of these actions may interrupt or prevent legitimate communications and usage. You are liable to h2o for any damages resulting from the conduct prohibited in this Agreement. Upon termination, any balances in your accounts or for your Services will not be refunded. Any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Devices.
 
  1. Changes to Your Service or this Agreement. We may change, at any time, this Agreement and other terms, conditions, and policies; rates, fees, expenses, and charges; plans, features, and products; and coverage areas, roaming partners, underlying Service providers, and provisioning technology. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates, and administrative charges) by such means as h2o determines to be most practicable, including, but not limited to, any of the following: playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, posting an update on our website, or by such other means as h2o may determine. All changes become effective when posted to www.h2owirelessnow.com and/or www.h2obolt.com. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. You understand and agree that State and Federal Universal Service fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE OR IF WE MATERIALLY DECREASE THE GEOGRAPHIC AREA IN WHICH YOUR SERVICES CAN BE USED (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE IN ADVANCE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.
 
  1. Disputes. Within 60 days of the date of any event giving rise to a dispute (as defined in Section 29.A), you must notify us of such dispute in writing at Locus Telecommunications, LLC, 2200 Fletcher Avenue, Fort Lee, New Jersey 07024 (or one of the other means set forth in Section 29.B, titled “Dispute Notice”), including a dispute over any charges and any service we provided, or you will have waived your right to dispute the charge or such services and to bring, or participate in, any legal action raising any such dispute. The 60-day limitation shall not apply to the filing of a complaint with the Federal Communications Commission (“FCC”) or your state’s Public Service Commission. You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or an appropriate federal or state governmental agency regarding the service provided and/or charges imposed by h2o. Nothing in this paragraph or this agreement in any way eliminates or abridges that right.
 
  1. Dispute Resolution by Mandatory, Bilateral and Binding Arbitration. 
 
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 
 
Summary: Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that h2o’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if h2o has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASISÍž CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. For any non-frivolous claim that does not exceed $75,000, h2o will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from h2o to at least the same extent as you would be in court.
 
You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other appropriate federal, state, or local agency regarding the service provided and/or charges imposed by h2o. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right.
 
Arbitration Agreement.
 
  1. Mandatory, Bilateral, and Binding Arbitration. You and h2o agree that any dispute, claim, or controversy arising out of or relating in any way to your use of h2o Services, or to any products or services sold or distributed by h2o or through h2o websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or h2o’s right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to the Choice of Law & Jurisdiction provision above, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
 
Any arbitration under this Agreement will take place on an individual basisÍž class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.
 
The term “dispute” shall include any dispute, claim, or controversy between you and h2o regarding or relating to any aspect of your relationship with h2o, 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. The term “dispute” also includes, but is not limited to, any and all claims between you and h2o in any way related to or concerning this Agreement, h2o’s services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from h2o and/or a party acting on h2o’s behalf. The term “dispute” is to be given the broadest possible meaning that will be enforced.
 
  1. Dispute Notice: Before initiating an arbitration, you and h2o each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Locus Telecommunications, LLC, Attn: Legal Department, 2200 Fletcher Avenue, Fort Lee, New Jersey 07024 (the “Notice Address”), (2) emailed at legal@locus.net, (3) submitted by visiting www.h2owirelessnow.com or www.h2obolt.com, or (4) brought to the attention to h2o Customer Service at 1-800-643-4926. h2o will provide a Notice of Dispute to you via the mailing address or email address associated with your h2o account. You and h2o agree to make attempts to resolve the dispute prior to commencing an arbitration and not to commence and arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or h2o may commence an arbitration proceeding.
 
  1. Arbitration Process and Procedure.
 
  1. All disputes shall be determined by binding arbitration (1) administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) take place telephonically, unless an in-person hearing is specifically requested by either party, in such case in-person hearings shall take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
  2. Disputes may also be referred to another arbitration organization if you and h2o agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. § 1, et seq.
  3. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.
  4. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY DISPUTE COVERED BY THIS AGREEMENT.
  5. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and h2o each agree that all issues regarding the dispute are delegated to the arbitrator to decide, except that a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
  6. To commence an arbitration, a Demand for Arbitration is required to be executed and served on h2o. Service of the Demand for Arbitration on h2o can be mailed to Locus Telecommunications, LLC, 2200 Fletcher Avenue, Fort Lee, New Jersey 07024 pursuant to the instructions provided by JAMS to submit a dispute for arbitration. Service of the Demand for Arbitration on you will be sent to you via the mailing address or email address associated with your h2o account. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. h2o will bear the cost of your initial filing fee.
 
  1. Class Action Waiver. YOU AND COMPANY AGREE THAT NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Further, unless both you and h2o expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
 
  1. Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both h2o and you pursuant to JAMS Rule 12.
 
  1. Arbitrator Award. An arbitrator’s award will consist of a written statement of the disposition of each dispute and a concise written statement of the essential findings and conclusion on which the award is based. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
 
  1. Fees. In the event you commence arbitration, after h2o receives notice that you have initiated arbitration, h2o will promptly reimburse you for your payment of the filing fee and h2o will pay the JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
 
  1. Severability. If any part of this Arbitration Agreement is held to be unenforceable by a court or agency of competent jurisdiction, that part may be severed and the remaining provisions will remain in full force and effect.
 
  1. Miscellaneous. This Agreement, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described in this Agreement or the brochure that are posted on a h2o website, and any documents expressly referred to herein or therein make up the complete agreement between you and h2o, and supersede any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent. Section headings are for descriptive, non-interpretive purposes only. This Agreement is not for the benefit of any third party except h2o’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. You may not transfer or assign this Agreement or any of your rights or duties under it without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, h2o shall be released from all liability with respect to this Agreement. The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. Any notice to you or authorized users are treated as delivered to you when left with you, on your wireless device, or on your answering/voicemail service, when sent to any email or fax number you provided us, three (3) days after mailing the notice to the most current address we have on file for you, or upon posting on our website. In the event of a dispute between us, federal law and the laws of the State of New Jersey, whether in litigation or arbitration and without regard to choice of law principles or conflicts of laws rules, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. If any provision of this Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We may deny a request for Service from you for any lawful reason. If any part of this Agreement, including any part of its arbitration provisions, is held unlawful, void, or for any reason unenforceable, that part may be severed from this Agreement and the remaining provisions of the Agreement shall remain in full force and effect. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instances. If you have any questions regarding your Service or information in this Agreement, contact Customer Service at www.h2owirelessnow.com or www.h2obolt.com, by calling 1-800-643-4926, or by writing us at Locus Telecommunications, LLC, 2200 Fletcher Avenue, Fort Lee, New Jersey 07024.

Effective April 2019
All devices or SIM cards purchased through www.h2owirelessnow.com may be returned or exchanged within 14 days after the delivery of your purchase. h2o Wireless will not accept returns/exchanges for items not purchased directly from h2o Wireless including purchases from authorized h2o Wireless dealers or retailers. Please read the terms below thoroughly.

(1) Return Requirements
Items must be returned in like-new condition (i.e. no cracks, scratches, liquid damage, or other damage). Returns and exchanges must include original packaging with all original kit components such as the following:
• Device
• SIM Card
• Hard Card(non-redeemed)
• All accessories including but not limited to charger, battery, and battery cover For restrictions, please see Section (4).

(2) How to Return or Exchange Your Device
Complete a Return & Exchange Form and ship the item you wish to return or exchange back to h2o Wireless. Mail all original package contents and the completed Return & Exchange Form to the following address:
 
h2o Wireless Returns
11 Chapin Road Unit D
Pine Brook, NJ 07058
 

  1. The above address is ONLY intended for product returns. No written correspondence should be sent to this address. h2o Wireless will reject packages that arrive with “postage due.” h2o Wireless is not responsible for lost or mishandled packages.
  2. For free return shipping, please use the Return Label included in your original shipment, along with a completed Return & Exchange Form. If the Return Label is not used, any shipping charges you pay are not refunded by Locus.
(3) Refunds
h2o Wireless does not exchange products purchased on www.h2owirelessnow.com unless specifically requested on the Return & Exchange Form. Please allow up to 4 – 6 weeks to receive your credit card refund which will be applied to the credit card account to which your purchase was initially charged. Taxes and fees charged, if any, shall also be refunded upon submission of a valid refund request.
(4) Restrictions & Fees
Prepaid account balances and original shipping and handling fees are not refundable.
  1. If any device is not returned in like-new condition, the device will not be eligible for a refund and may be returned to you at your cost.
  2. If a SIM Card or accessory is missing, you will be charged a restocking fee of fifteen (15) % of the purchase price (except where prohibited by law) but may still be eligible for a refund on the device.
  3. If a Hard Card is missing/scratched/used, the Hard Card will not be eligible for a refund.

 
(5) Other
Please refer to the warranty provided with your product for instructions if your device is subject to a manufacturer’s warranty and you wish to make a claim under that warranty.
Terms of this Return Policy are subject to change. h2o General Terms and Conditions

MISCELLANEOUS
Effective February 2012

H2O Wireless strives to provide hearing aid users with the most compatible wireless device possible. To ensure the deaf and hard of hearing can use digital wireless devices, the Federal Communications Commission (FCC) updated the Hearing Aid Compatibility Act of 1988 ("HAC Act”), passing regulations to increase the number of hearing aid-compatible wireless devices.

Compatible Phones and Devices
We work closely with handset vendors to improve the user experience of customers who have hearing aids. Pursuant to FCC guidelines, the handsets listed below have been tested and rated for Hearing Aid Compatibility (HAC). These HAC ratings, or "M-Ratings" and "T-Ratings," help hearing aid users find the best phone for their needs.  

The following listed handsets have been tested to perform better with hearing aids and are also compatible with H2O Wireless services. The handsets in red are available for purchase through h2owirelessnow.com as of January 2012.
 

                                            

Brand

Smartphones

HAC rating

ALCATEL

Go Flip

M4/T4

GOOGLE

Pixel 3a

M3/T3

GOOGLE

Pixel 3a XL

M3/T3

NOKIA

2.2

N/A

NOKIA

4.2

M4/T4

NOKIA

7.2

NA

SAMSUNG

Galaxy A10e

M3/T3

SAMSUNG

Galaxy A20

M4/T3

SAMSUNG

Galaxy A50

M3/T3

SAMSUNG

Galaxy S9 M4/T3

SAMSUNG

Galaxy S9+ M4/T3

SAMSUNG

Galaxy S10+ M4/T3


** The levels are "Good" which depicts devices with basic technology onentry level data speeds, “Better” which depicts devices with advanced technology and/or with advanced functionality, and “Best” which depicts devices with new technology and/or with new functionality that operate on faster data speeds. Note: The list of hearing aid compatible phones change from time to time. For the most updated list, please contact the National Center for Customers with Disabilities at:* This phone has been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important for the customer to try the different features of this phone thoroughly and in different locations, using their hearing aid or cochlear implant, to determine if they hear any interfering noise. The customer may request additional information from H2O Customer Care or the manufacturer of this phone concerning hearing aid compatibility.

Voice calls: 1-866-241-6568
TTY calls: 1-866-241-6567
The NCCD is available from 8 a.m. to 1 a.m. ET, Monday through Friday, and on Saturday and Sunday from 9 a.m. to 10 p.m. EST.


M-Ratings and Hearing Aid Immunity
Phones with an M-Rating of M3 or M4 meet FCC requirements and are less likely to generate interference to hearing devices than phones that are not labeled. M4 is the better/higher of the two ratings. Hearing devices may also be measured for immunity to this type of interference. Your hearing device manufacturer or hearing health professional can help you find results for your hearing device. The more immune your hearing aid is, the less likely you are to experience interference noise from mobile phones.

T-Ratings and Compatibility with Hearing Aids with Telecoils
A telecoil is a small device that is built into some hearing aids for use with the telephone as well as assistive listening devices. Not all hearing aids have telecoils. Phones with a T-Rating of T3 or T4 meet FCC requirements and are more likely to work well for people who use hearing aids with telecoils with telephones. T4 is the better/higher of the two ratings.

h2o® Wireless Rewards Program Terms and Conditions


 
1. GENERAL
These h2o® Wireless Rewards Program Terms and Conditions (“Program Terms and Conditions”) govern your participation in the Program (as that term is defined below) and constitute an agreement (“Agreement”) between you and Locus Telecommunications, LLC (“Locus”). By enrolling or participating in the Program you:
A. Acknowledge that you have read and under this Agreement and agree to these Program Terms and Conditions;
B. Agree to the term of the Privacy Policy available at h2owirelessnow.com; and
C. Agree to the Terms and Conditions available at h2owirelessnow.com.
 
By enrolling in the Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program.  You agree to receive communications, including but not limited to via email and phone number, by h2o Wireless and third parties administering the Program, regarding your Program activity. Any information collected by Locus based on your participation in the Program is governed by the Privacy Policy.
 
This Program is separate and distinct from and may not be combined with any other programs offered by Locus, including but not limited to, rewards, loyalty, promotions, bonus, sweepstakes, or contests. Your participation in any such other programs is subject to the applicable terms and conditions of that program and not these Program Terms and Conditions.
 
Unless otherwise defined herein, capitalized terms used in these Program Terms and Conditions have the meaning given to them in the Terms and Conditions referenced above.
 
“You” means an h2o customer, a Participant, and/or a Referrer, as the case may be.
 
2. PROGRAM ELIGIBILITY
A. You will not be automatically enrolled in the Program. You must enroll in the Program and participate in the program to receive Program rewards. Participation in the h2o® Wireless Rewards Program and the rewards of the Program are offered at the sole discretion of h2o Wireless (“h2o”). “Program” means the h2o Wireless Rewards Program including the Refer a Friend Program.
B. Only h2o customers who meet the following eligibility requirements may enroll in the Program through h2owirelessnow.com: (i) a resident of the fifty (50) United States or  Puerto Rico, (ii) who is eighteen (18) years of age or older as of the date of enrollment in the Program, (iii) has a current account for h2o services and/or products and it is in good standing, and (iv) which account has an active MDN for the h2o Monthly plan or h2o Pay As You Go plan and valid email address.  “MDN” means a Mobile Directory Number – the actual phone number one would dial to reach a specific mobile phone. “h2o Rewards Account” means the account as described above and which is registered for the Program. Excluded from the program are: Multiline Program, Auto Recharge, and Friends & Family Plan.
C. Participation in the Program is limited to one (1) per eligible h2o customer.
D. Participation in the Program is nontransferable and subject to the present and future Program Terms and Conditions. This Program is void to the extent where prohibited by law. State fees and taxes may apply where required by law. 
 
3. PROGRAM DESCRIPTION AND REWARDS. The Program allows a Participant to earn and redeem rewards (“Points”) in a variety of manners, subject to the terms and conditions contained herein. Points can be redeemed as described herein. “Participant” means an individual enrolled in the Program in accordance with these Program Terms and Conditions.
B. A Participant can review his or her rewards balance online at h2owirelessnow.com.
C. Purchase of Eligible Reward Items. Two (2) Points for every dollar spent on the products and/or services identified below (“Eligible Rewards Items”) purchased online at h2owirelessnow.com. Only purchases made on h2owirelessnow.com, subject to these Program Terms and Conditions, qualify for Points. Points are awarded on the retail price at the time of purchase of the below identified Eligible Rewards Items. Points are NOT calculated or awarded on any other charges, shipping, or taxes.
 
Eligible Rewards Items are as follows:
  • The purchase and initial activation of an h2o Monthly Unlimited Plan and such plan is associated with the MDN on the h2o Rewards Account; and Logout Cart
  • Recharges to the same MDN on the h2o Rewards Account associated with an eligible h2o plan (excluding auto-recharges or h2o Family and Friends Plan recharges).
Payment of taxes and fees, if any, in conjunction with the purchase of Eligible Rewards does not count as an Eligible Rewards Item.
 
D. Other Ways to Earn Points.
(i) Other than by the purchase of Eligible Rewards Items as identified above, a Participant may earn Points as follows:
  • h2o Monthly Plan - h2o Wireless Refer a Friend Program (“RAF Program”): A Participant can earn 2,500 Points by referring a friend, such friend purchases an h2o Monthly plan, and such referral meets the terms and conditions contained in the RAF Terms and Conditions below. h2o Pay As You Go plan is excluded from the RAF Program.
  • New Activation: A Participant can earn 500 Points for activating an h2o Monthly Unlimited and Pay As You Go plan with a credit card through h2owirelessnow.com (excluding h2o Family and Friends Plan activations) (“New Activations”) and (Sign Ups).
E. Once earned, Points will be added to your h2o Rewards Account and available for use.  Notification of earned rewards Points will be delivered via email to the email address or sms associated with the h2o Rewards Account.
F. Points cannot be earned on purchases made prior to the time of enrollment of the Participant in the Program. Points cannot be redeemed for purchases made prior to the time Points are earned. Points are not your property. Points cannot be earned on recharges of any line in auto recharge and an h2o Friends and Family Plan, including, but not limited to, the primary line.
G. Points have no fixed or cash value and cannot be redeemed for cash, a cash equivalent, or any other monetary value, including but not limited, to credit on an h2o Rewards Account. Points are non-transferrable and cannot be purchased, sold, bartered, or given or combined between multiple Participants or between h2o Rewards Accounts. Points can only be used to redeem rewards on h2owirelessnow.com as described herein.
 
4. REDEEMING POINTS
A. Points can only be redeemed by Participants as discounts off the retail price at the time of purchase of an eligible purchase item identified below (“EPI”) purchased by Participant online at h2owirelessnow.com and will be applied to MDN.
B. 100 Points = One dollar and zero cents ($1.00) in available discount off the retail price at the time of purchase of an EPI identified on h2owirelessnow.com. Each redemption of Points requires a minimum of 100 Points applied to each occurrence of redemption.
C. You can choose to redeem your available points at the time of checkout on h2owirelessnow.com.
D. Points can be redeemed for the following EPI:
  • h2o Monthly plan or h2o Pay As You Go plan and recharges to the same plan (excluding auto-recharges or h2o Family and Friends Plan recharges)
Points cannot be redeemed for any other charges, fees, shipping, and/or taxes.
E. Forfeiture of Points; Cancellation of the MDN associated with the h2o Rewards Account. Once Points are redeemed, they are forfeited even if you later cancel or return the purchased EPI. If Points are redeemed on a purchase that is later cancelled or returned by Participant, the redeemed Points are forfeited and will not be replaced in your account. Points awarded for a purchase that is cancelled/returned will be revoked. Points cannot be redeemed on recharges of any line in a Friends and Family Plan, including, but not limited to, the primary line.

5. EXPIRATION OF POINTS
A. Points earned by and awarded to a Participant from the purchase of an Eligible Rewards Item expire one (1) year after the date earned.
B. Points earned by and awarded to a Participant from (i) New Activations (excluding h2o Family and Friends Plan activations); and (ii) h2o Wireless Refer a Friend Program expire ninety (90) days after the date earned.
 
6. h2o® WIRELESS REFER A FRIEND PROGRAM; TERMS AND CONDITIONS
Except as otherwise noted herein, the RAF Program (as that term is defined below) is governed by the Program Terms and Conditions. h2o Pay As You Go plans are NOT included in the RAF program.
A. General Participation in the h2o® Wireless Refer a Friend Program (“RAF Program”) and the rewards of the RAF Program are offered at the sole discretion of h2o. Participation in the RAF Program is subject to the present and future h2o Wireless Refer a Friend Program Terms and Conditions (“RAF Terms and Conditions”) and Program Terms and Conditions.
B. Eligibility and Enrolling in the Program
“Referrers” are defined as a Participant who initiates a referral through h2owirelessnow.com. “Referees” are defined as non-customers who purchase an h2o Monthly plan and complete the activation process pursuant to a Participant’s referral. “non-customer” means an individual who does not have an account with h2o.
 
Referrers: To earn Points on referrals, the Referrer must enroll in the RAF Program through h2owirelessnow.com and agree to the RAF Terms and Conditions. Certain personal information of the Referee is required, including but not limited to a valid email address. You may only participate in the RAF Program using one h2o Rewards Account. You cannot refer yourself.  
 
By enrolling in the RAF Program, you consent to the release of your personal information, including but not limited to name and email address, to third parties to administer the Program.  You agree to receive communications, including but not limited to via email, by h2o and third parties administering the RAF Program, regarding your RAF Program activity.

Referees: Referees cannot be current h2o customers; referees must be new h2o customers. 

C. RAF Program Participation – How it Works
In order for the Referrer to receive the Points identified herein, a Referee must complete the following steps within ninety (90) days from the date of receipt by Referee of the coupon code generated by the Referrer clicking on the link in the offer: (i) purchase an h2o Monthly plan using the coupon code provided; (ii) activate the h2o Monthly plan; and (iii) create an h2o Rewards Account.
 
Referrers may only send referrals through means authorized and identified by h2o (e.g., email, specified social media sites). Self-referrals, renewing your plan, and adding a line to an existing account do not qualify for the RAF Program or Points.
 
Referrers will not be awarded any Points for: (i) rejected referrals; (ii) referrals not received for any reason; (iii) a referee’s activation of a qualifying plan without using the coupon code generated by the referral link; and/or (iv) referrals or activations that are found ineligible by h2o in its sole discretion. h2o reserves the right to reject and/or find ineligible any referral for any reason or for no reason at sole discretion.
D. Participation in the RAF Program may require you to disclose personal information about you and the persons you refer, such as name and email address. You agree to allow us to communicate with the persons you refer about your participation in the RAF Program (i.e. disclosing that an invitation was sent by you). Referrals should only be used for personal and non-commercial purposes. You may not send referrals using spam, display advertising, unsolicited commercial email, sponsored links, links on message boards or forums, or any other form of illegal means of communication.
E. h2o reserves the right to void any referral and/or Points, and terminate your account and/or eligibility to earn Points, if h2o, in its sole discretion, suspects or determines that you have violated any of the RAF Terms and Conditions or engaged in any fraudulent activity.
F. RAF Program Points are subject to the Program Terms and Conditions. For qualifying uses of Points, limitations of use, and complete details, see the Program Terms and Conditions at h2owirelessnow.com.
 
Referrers: Referrers earn 3,000 points for each Referee who completes the steps outlined in these RAF Terms and Conditions. Points are allocated to the Referrer upon the Referee’s qualifying purchase and activation of a h2o Monthly plan. RAF points are applied to MDN not email.  
 You can refer up to 10 people per month, which is a total of 120 referrals per year.

Referees: Referees earn 1000 Points upon completion of the steps outlined herein, including but not limited to, the purchase and activation of an h2o Monthly plan using the coupon code generated from the referral. Limit to one (1) h2o Rewards Account per individual per year.
 
7. LIMITATION OF WARRANTY
A. THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H2O EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
B. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF H2O PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
C.  H2O DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PROVIDER OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH H2O INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS, H2O DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE AND REWARDS APPLICATIONS ARE FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, H2O DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE AND REWARDS APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, AND H2O ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE PROGRAM WEBSITE.
 
8. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL H2O, BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY H2O IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM, INCLUDING THE REWARDS APPLICATION OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF OFFER PROVIDERS OR SUPPLIERS, EVEN IF H2O, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
 
9. INDEMNIFICATION
You shall indemnify, defend and hold harmless h2o and its officers, directors, agents and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify h2o in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program website or application.
 
10. DISPUTES; DISPUTE RESOLUTION BY BINDING ARBITRATION
 
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-643-4926. In the unlikely event that h2o's customer service department is unable to resolve a complaint you may have to your satisfaction (or if h2o has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any controversy or claim arising out of or relating to this Agreement, Program Terms and Conditions, Program, RAF Program, and/or Points (including, but not limited to, the awarding, redemption or revocation), shall be governed by and construed in accordance with the substantive laws of the state of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws and shall be resolved in accordance with the section titled Mandatory Arbitration of Disputes of the Terms and Conditions located at h2owirelessnow.com.

11. MISCELLANEOUS
A. h2o reserves the right to modify the Program and/or the Program Terms and Conditions rules in its sole discretion, including but not limited to the number of points awarded, the types of purchases/activities eligible for points, the redemption rate, Points expiration dates, and conditions of participation in the Program, at any time without prior notice even though the changes may affect the value of the points already accumulated.
B. h2o reserves the right to terminate or suspend the Program at any time without prior notice and without further obligations to h2o customers, Participants, Referrers, or Referees. In the event of Program termination, you will be given a reasonable period of time to redeem any accumulated Points as identified in these Program Terms and Conditions. Further, in the event of Program termination, you will no longer continue to earn Points.
C. Abuse of the Program, as determined by h2o in its sole judgment, including but not limited to failure to follow Program rules, the sale or barter of points, using multiple accounts in an effort to abuse the Program, and false referrals for the RAF Program, may result in a Participant being disqualified from the Program, forfeiture of accumulated Points, and/or a permanent ban on Program participation.
D. These Program Terms and Conditions are separate and independent from the general terms and conditions for h2o® Wireless service found at h2owirelessnow.com.
 
© 2018 Locus Telecommunications, LLC. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. “h2o” and “h2o Wireless” are dbas of Locus. “h2o” is a registered trademark of Locus. Rewards Program and RAF Program are subject to change without notice. All rights reserved.
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