h2o Wireless and h2o BOLT
PLEASE READ THESE terms and conditions carefully and make sure that 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. Parties. In this document, “we,” “us,” “our”, and “h2o” refer to h2o Wireless and h2o BOLT; “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Device” or “Devices” means any phone, device, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our offers, rates, or service plans. For any questions, please call Customer Service at 1-800-643-4926.
2. General. This Agreement is the contract under which we provide and you accept all our Services or Devices, including but not limited to your prepaid Services. This Agreement hereby incorporates by reference the terms associated with the Service you select and all additional or updated terms at h2owirelessnow.com and h2obolt.com. h2o BOLT is a hotspot service; any terms and conditions herein that are not applicable to data service (e.g. terms regarding minutes and messaging) do not apply to h2o BOLT. 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 SERVICE, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING, OR (E) ACCEPT THE SERVICES THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERMS IN THIS AGREEMENT, DO NOT TAKE ANY OF THESE ACTIONS.
3. Using Our Services. Service is for personal use in the U.S. only. You agree not to use our Services in any unlawful, fraudulent, or abusive manner. You may not resell or lease our Services to anyone without our prior written approval. We may, without notice, limit, suspend, or end your Service as follows: if you (a) breach this Agreement, (b) make a misrepresentation to us, (c) “spam” or abusively message or call, (d) modify your Device from its manufacturer's specifications, (e) use the Services in a way that adversely affects our network or other customers, (f) allow anyone to tamper with your Device, or (g) harass our employees or agents. We may terminate your Services at any time by providing you prior notice, and we may terminate your service at any time without notice for any conduct that we believe violates this Agreement. We may also temporarily limit your access to the Services for any operational or governmental reason. We are not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
4. Activating Prepaid Service. Prepaid Service is active at the time of your purchase of a prepaid Device or upon first call. You must maintain a positive account balance on your h2o Device in order to keep your account active. Depending on the type of plan you choose to activate on your Device, terms and conditions may vary. For plan details, consult the applicable plan or refill card terms or visit h2owirelessnow.com or h2obolt.com.
5. Account Authorization. You authorize us 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. You consent to our use of regular mail, autodialing equipment, email, text messaging or other reasonable means to contact you to inform you of our services or other matters we believe may be of interest to you.
6. Lost or Stolen Equipment. You must contact us immediately to report a lost or stolen Device. Call Customer Service immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss. Once you notify us, we will suspend your Service. We will not credit or refund any account balance as a result of loss or theft of your Device. You agree to cooperate with us in investigating suspected unlawful or fraudulent use.
7. Coverage. Coverage is not available everywhere. You will not have access to our network outside of our coverage areas. 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 do not guarantee the availability of the wireless network or any Services. Coverage maps are available at h2owirelessnow.com and h2obolt.com. Our coverage maps approximate our anticipated wireless coverage area, do not show actual network coverage or performance, and include coverage on the network as well as coverage we make available to you through agreements with other carriers ("off network" or “roaming”) and may vary and be affected by circumstances beyond our control (e.g. network capacity, interference from buildings and other structures, terrain and weather).
8. Roaming. Both domestic and international roaming are not available with any h2o Service.
9. Refunds and Returns. Account balances are not refundable, transferable, or redeemable for cash or credit. To the fullest extent permitted by law, h2o Devices are sold “as is” with no manufacturer warranty. h2o Devices purchased on h2owirelessnow.com or h2obolt.com are subject to h2o’s 14-day return policy found at h2owirelessnow.com and h2obolt.com. h2o Devices purchased in a retail location are subject to the return policy of the place of purchase.
10. Your Device and Number. Upon your acceptance of your Device, all risk of loss, damage, theft, or destruction of your Device is borne by you. 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. The only warranties on your Device are any limited warranties extended by the manufacturer directly to you or passed on to you through the vendor you purchased the phone from. You agree that you will not use h2o Devices with any non-h2o service or on any other network. Except for any legal right you may have to port/transfer your phone number to another carrier, you do not have any rights in any personal identification number or identifier we assign you. We will notify you if we decide to change or reassign them. If your prepaid account is de-activated, your phone number may be re-assigned. Your wireless phone number and name may show up when you call someone. If you do not want people you call to receive the number assigned to your phone, call Customer Service about Caller ID blocking. Your h2o device may not be 4G enabled.
11. Transferring/Porting Your Number. You must have an active h2o account to transfer, or “port,” your phone number. Call Customer Service if you wish to port your phone number from another service provider to h2o. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we will treat it as notice from you to terminate our Service for that number upon successful completion of porting. You must have an active h2o account for a minimum of five (5) days before requests to port out/transfer your number from h2o to another service provider are fulfilled. If you port your number away from us, the terms of this Agreement still apply. You will not be able to transfer any unused balance on your account to your new service. After the porting is completed, you will not be able to use our Services for that number. We do not guarantee that number transfers to, or from, us will be successful.
12. Charges. Charges. You agree to have your prepaid account debited for all usage and other charges associated with your Device, even if you were not the user of, and did not authorize, its use. Charges include, without limitation, monthly recurring access charges, charges based on actual usage and all applicable taxes and regulatory fees, as described in this Agreement. You agree that we may deduct from your account balance all federal, state and local taxes, fees, surcharges, e911 fees, and other assessments that we are required by law to collect and remit to federal, state, and local governments on the Service that we provide to you. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, and roaming not available with any plan. 3-way calling, call forwarding, call waiting, and voicemail features included; voice rates apply where applicable. 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 airtime, except for select international destinations that are included at no extra charge (i.e. airtime charge only). Restrictions on certain countries may apply. All plans, rates and fees are subject to change without notice. Making a payment over the phone with an h2o customer service representative incurs a $3 assistance fee in addition to the airtime amount. You can avoid this fee by paying online, or through our automated system. For current charges and fees, call Customer Service or visit h2owirelessnow.com and h2obolt.com.
13. Taxes and Fess. You agree that you are responsible for the payment of, and shall pay, beginning on or about May 1, 2019, all required taxes, fees, and surcharges (“Taxes and Fees”) 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, on you prepaid account, 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.
14. Calling and Messaging. Call times are measured in whole minutes and rounded up to the nearest minute. For international calling without the use of international voice credit, each monthly plan account can dial up to 10 unique international telephone numbers each month (visit h2owirelessnow.com for 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 60 minutes but may be re-initiated thereafter. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assistance), incurs charges. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. Indicators of messages on your Device, including mailbox icons, may not always provide an up-to-date indication of new messages and you may need to manually reset or clear your mailbox indicator. Legitimate messages may be inadvertently interrupted by software aimed at prevention of unsolicited messages. Effective June 1, 2019, Pay As You Go plans will no longer offer international calling.
15. Text and Picture Messaging. Note: iPhone devices cannot be used on the network for picture messaging or FaceTime at this time. Text messages are typically limited to 160 characters per message, but such character limitation may vary depending on your device. All messages, including text and picture messages, are charged when sent (per recipient) or received, regardless of whether they are read or unsolicited. Data usage applies for sending and receiving MMS. h2o is not responsible for any of the data activity sent to or received on your Device, regardless of who initiates the activity. For messages delivered to your Device in multiple parts, you will be charged for each part of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. h2o reserves the right to limit picture message size at any time. In order to protect our network and Services, h2o may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. 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. Picture and video messaging consume data and are only available on handsets programmed for data.
16. Services Restrictions.
Services are subject to our business policies, practices, and procedures ("Policies"), including our Authorized Use Policy HERE. You agree to follow our Policies when you use our Services. Our Policies are subject to change at any time and become effective when posted to h2o’s website at www.h2owirelessnow.com.
h2o’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. h2o has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner.
17. Data Service and Charges. Download speeds max of 8Mbps (LTE)/4Mbps (4G). Videos stream at DVD Quality (480p). A capable device is required for 4G LTE speeds. A compatible device and h2o SIM Card are required for h2o BOLT service. h2o data is up to 4G LTE speeds for the selected plan allotment, if applicable; speeds then reduced to up to 2G for the remainder of the plan cycle. Actual speeds may vary depending on location and device capability. The h2o feature card cannot be used for activation; a monthly plan must have been loaded prior to loading first data card. Feature card balance will carry over as long as account remains active and cannot be used with pay as you go plans. Data allotment for monthly plan is consumed before feature card. Data usage is measured in kilobytes and is rounded to the nearest KB each use. Data usage applies for sending/receiving MMS. For data capable Devices not provided by h2o, manual or auto configuration is needed for MMS and/or data settings. Your account balance will be deducted for all data directed to the Internet address (“IP address”) assigned to your Device, regardless of who initiates the activity or whether your Device actually receives the data. This includes, but is not limited to, the amount of data associated with the particular information/item (e.g. game, ringer, email, etc.), additional data used in accessing, transporting and routing this information/item on our network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. Based on these and a number of other factors (e.g., the specific application, network performance, etc.) data used will vary widely, even for the same activity. Estimates of data usage, for example, the size of downloadable files, will not necessarily be an accurate predictor of actual usage. For Pay as You Go plans, if the 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 or text messages unless data is turned off to release the remaining balance for other use.
18. Unlimited Plan Abuse. For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. h2o’s unlimited voice and data features are provided solely for dialogue between two individuals and for normal, non-commercial use. Other uses have a disproportionate impact on network resources and our ability to manage our network efficiently and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. h2o’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either h2o's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use. If you use wireless services in any manner that is prohibited, we (i) may interrupt, suspend, cancel, or terminate your wireless data services without advance notice; and (ii) take any action to protect our networks and/or our rights and interests.
19. Expiration; Prepaid Refills. h2o Wireless Monthly plans (“Monthly Plan”) are good for a period of 30 days at the applicable charge and expire at 11:59 p.m. C.S.T. on the 30th day; when you first activate a Monthly Plan the day the Monthly Plan is activated counts as the first full day and counts towards the first 30 days, accordingly, during the first month of activation, your Month Plan may be less than a full 30 days depending on the time of Monthly Plan activation. h2o Wireless Pay as You Go plans and h2o BOLT plans expire in accordance with the expiration date provided with your purchased refill card. 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 recharge an h2o Wireless Pay As You go plan before expiration, remaining Airtime minutes and Airtime will stack. Stacking is not available for h2o Wireless Monthly plans or for h2o BOLT plans. Credits to your prepaid 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 refill card. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any purpose. Your account and phone number will be canceled if the balance remains at $0 for 30 consecutive days or more. h2o refills can only be used with h2o Devices. Credits cannot be transferred from one account to another. If your account becomes inactive, we may de-activate your account and you may lose your phone number. If you wish to use Services after your account has been de-activated, call Customer Service for reactivation. There may be a charge to reactivate and we cannot ensure and do not guarantee that the same phone number will be available.
21. TTY Access. A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY does not work with all Devices. If you have a digital wireless TTY compatible Device, it is possible to make calls, including 911 calls, with a TTY. If you have questions concerning your Device’s TTY compatibility, please contact Customer Service or visit h2owirelessnow.com.
22. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE ISSUES.
23. Limitation of Liability/Indemnification. Limitation of Liability/Indemnification. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY, (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.), (C) ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES, OR RELATED ACCESSORIES, (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING, OR ATTEMPTING TO ACCESS, EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING THROUGH 911, E911 OR OTHERWISE, OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE. YOU ALSO AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, LIABILITIES, COSTS, AND EXPESNES (INCLUDING TAXES, FEES, FINES, PENALTIES, INTEREST, EXPENSES, AND ATTORNEYS’ FEES) ARISING OUR OF, OR RELATING TO, YOUR USE OF OUR PRODUCTS OR SERVICES OR YOUR BREACH OF THIS AGREEMENT. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (E.G. “ROAMING”), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES.
24. Mandatory Arbitration of Disputes. YOU AND h2o AGREE TO SUBMIT ANY AND ALL DISPUTES TO BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES INCLUDE ANY CLAIM ARISING OUT OF THIS AGREEMENT WHETHER THE CLAIM AROSE BEFORE THIS AGREEMENT OR ANY PRIOR AGREEMENT WITH US, IS THE SUBJECT OF CURRENT CLASS ACTION LITIGATION TO WHICH YOU ARE NOT A CERTIFIED CLASS MEMBER, OR MAY ARISE AFTER TERMINATION OF THIS AGREEMENT. THIS AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES. ARBITRATION WILL BE GOVERNED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR BY VISITING WWW.ADR.ORG. THE ARBITRATOR MAY AWARD ANY FORM OF INDIVIDUAL RELIEF AND MUST HONOR THE TERMS IN THIS AGREEMENT. ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS, BUT IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BY DOCUMENTS SUBMITTED TO THE ARBITRATOR. YOU FURTHER AGREE THAT WE MAY ATTEND ANY ARBITRATION BY TELEPHONE, VIDEO CONFERENCE, AND/OR DOCUMENT SUBMISSION. CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, THEY WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A CLASS MEMBER IN CLASS ACTION LITIGATION/ARBITRATION. WE WILL NOT SEEK REIMBURSEMENT FOR OUR ATTORNEY’S FEES IN ANY DISPUTE, AND IF THE ARBITRATOR DETERMINES YOUR CLAIM TO BE FRIVOLOUS, YOU AGREE TO PAY FOR THE ENTIRE ARBITRATION COST. IF THE ARBITRATOR OR SMALL CLAIMS COURT AWARDS YOU A DOLLAR AMOUNT, WE WILL DOUBLE THAT AMOUNT UP TO AN ADDITIONAL $1,000, AND WE WILL REIMBURSE YOU FOR REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS. THE FEDERAL ARBITRATION ACT GOVERNS THIS AGREEMENT TO ARBITRATE. IF THE PROHIBITION ON CLASS LITIGATION/ARBITRATION CANNOT BE ENFORCED, THEN THE CLASS ACTION DISPUTE WILL NOT BE SUBJECT TO THIS AGREEMENT TO ARBITRATE. A PARTY WHO INTENDS TO PURSUE ARBITRATION OR RELIEF IN SMALL CLAIMS COURT UNDER THIS AGREEMENT MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING AN ARBITRATION OR SMALL CLAIMS MATTER. THE NOTICE MUST DESCRIBE THE NATURE OF THE DISPUTE AND RELIEF SOUGHT AND MUST BE MAILED TO: ATTN: LEGAL DEPARTMENT, 2200 FLETCHER AVE., 6TH FLOOR, FORT LEE, NJ 07024, OR EMAILED TO LEGAL@LOCUS.NET. IF AFTER 60 DAYS, WE DO NOT RESOLVE THE DISPUTE, EITHER PARTY MAY INITIATE A SMALL CLAIMS MATTER OR ARBITRATION PROCEEDING BY FOLLOWING THE PROCEDURES SET FORTH IN THE FORMS FOR INITIATING ARBITRATION. FORMS FOR GIVING NOTICE OF DISPUTE AND INITIATING ARBITRATION CAN BE OBTAINED AT https://www.h2owirelessnow.com/forms/return OR BY CALLING 1-800-643-4926.
25. Changes to Your Service or this Agreement.
We may change any part of the Agreement at any time, without advance notice, including, but not limited to, these General Terms and Conditions, Authorized Use Policy, rates, rate plans, features, products, fees, expenses, coverage areas, roaming partners, international calling plan destinations, provisioning technology, and charges for your Service. Changes become effective when posted to h2owirelessnow.com and/or 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. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly service period ends. You understand that taxes, fees and other charges imposed by the government may increase or decrease at any time without notice and that such charges do not constitute a change to this Agreement or your Service.
26. Miscellaneous. 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 email@example.com. A waiver of, or failure to enforce, any part of this Agreement in one instance is not a waiver of any other part or instance. Section headings are for descriptive, non-interpretive purposes only. You may not transfer or assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement, or your debts to us, without notice. Notices are considered delivered when we send them to any e-mail or fax number you have provided to us, 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement and the Agreement shall otherwise be enforceable. This Agreement and the documents to which it refers form the entire agreement between you and h2o on their subjects. If there is a conflict between this Agreement and statements by any sales or service representatives, this Agreement controls. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except h2o’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent that we have agreed otherwise, this Agreement and disputes covered by it are governed by federal law and the laws of the state of New Jersey, without regard to choice of law principles or the conflicts of laws rules of that state. h2o Wireless is a dba of Locus Telecommunications, LLC.
Effective September 2013
The following terms apply to the use of services, products, and websites provided by Locus Telecommunications, LLC and its subsidiaries, affiliates, agents, and licensors (collectively "H2O").BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED BY YOU FROM LOCUS (the “Equipment”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS Authorized Use Policy (AUP).
COVERAGE OF THIS POLICY AND AGREEMENT
In addition to other agreements between you and H2O, these terms explain the policies that govern your access to and use of our Website and Network. By accessing or using our Website or Network, you agree to these terms (collectively the "Policy"), as H2O may modify it from time to time. Modifications to this Policy are effective upon its posting on our Website. If you do not agree to accept and comply with the Policy, then do not access or use our Website or Network.
ILLEGAL OR HARMFUL USE
Any and all H2O services are intended for your personal use only, our services are NOT for commercial use and we reserve the right to modify, extend, or cancel this service at any time without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus. Exporting of Equipment outside the U.S. is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. Any and all H2O services are intended for use only within the 50 United States wherever the coverage is available.
UNLAWFUL, UNAUTHORIZED USAGE
Any and all H2O services are intended for your personal use only, our services are NOT for commercial use and we reserve the right to modify, extend, or cancel this service at any time without notice. Commercial resale of the Equipment is strictly prohibited except by authorized distributors and dealers of Locus. Exporting of Equipment outside the U.S. is strictly prohibited. You may NOT alter any of the hardware or software in this Equipment. Any and all H2O services are intended for use only within the 50 United States wherever the coverage is available.
Junk E-mail You may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, or fax blasting (collectively, "Spam"). Violation of the CAN-SPAM Act of 2003, or any other applicable laws regulating e-mail services, constitutes a violation of this Authorized Use Policy (“AUP”). We consider any unsolicited commercial mail to be Spam, regardless of the amount of mail sent, unless the recipient has specifically requested the information. An e-mail may be "unsolicited" for purposes of this AUP if (1) the recipients' e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
STOLEN, FRAUDULENT ACTIVITIES
If your Device, user name or password 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. LOCUS has the right to interrupt or restrict Service to your Number, without notice to you, if we suspect fraudulent, illegal, or abusive activity, including, but not limited to: (a) conducting business operations and practices; (b) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (c) individual or business representation as an authorized 3rd party affiliation or agent for a business entity (e.g., H2O® Wireless ) without the business' prior consent. 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. You may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scams. You may not use techniques to hide or obscure the source of any e-mail or other communication. You are responsible for all data activity from and to your Equipment, regardless of who initiates the activity.
UNLIMITED PLAN ABUSE
For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. H2O’s unlimited voice features are provided solely for dialogue between two individuals and for non-commercial use. Other uses have a disproportionate impact on network resources and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. H2O’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders," cancel bots, or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either H2O's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use.
LOCUS makes absolutely no representations, warranties or guarantees about the Data Content you access through the Equipment. Data Content may be: unsuitable for children/minors; unreliable or inaccurate; or offensive, indecent or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone using your Equipment. We strongly recommend that you monitor content access by children or minors. Prior to accessing certain content which may be inappropriate for children/minors, we may require you to provide certain personal information in order to verify that you are at least 18 years of age. Data Content from third parties may also harm your Equipment or its software. To protect our network or services, or for any other reason, we may place restrictions on accessing certain Data Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
INVESTIGATION AND ENFORCEMENT OF THIS POLICY
Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy. H2O may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Policy is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
Effective April 2019
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.
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
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.
Voice calls: 1-866-241-6568
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
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;
C. Agree to the Terms and Conditions available at h2owirelessnow.com.
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:
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:
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:
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.
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.
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.