InfiShare by Infinet LLC

Terms and Conditions and Privacy Policy

Last modified: Apr 28, 2019

Who we are

InfiShare will enable customers to purchase vouchers ("Voucher(s)") which can be redeemed for Merchant's products and/or services at a discount via (i) InfiShare's proprietary ordering, advertising, and billing system at its associated web-based and mobile properties and apps (the "InfiShare Platform"); (ii) at InfiShare's sole option, any other affiliated brand or platform (the "InfiShare System"), and (iii) at InfiShare's sole option, at any properties partnered with InfiShare (the "InfiShare Partner"). The InfiShare System, together with the systems of any InfiShare Partners, will be referred to herein as the "Systems."


Marketing Services: InfiShare will include Business on the Systems as provided herein, and will enable the transmission of purchases to Business for voucher redemption (the "Marketing Services"). The Marketing Services, together with the Voucher Services (as defined below), will be referred to herein as the "Services."


Voucher Services: Voucher Sale. Merchant authorizes InfiShare to offer, sell and distribute the Voucher, in accordance with this Agreement and subject to the restrictions set forth in the InfShare Terms and Conditions. Merchant acknowledges that InfiShare may terminate the publication or promotion of the Voucher at any time. Vouchers shall be published on the online platforms, including but not limited to Website and mobile Apps, in accordance with the Terms. The last date on which InfiShare publishes the Voucher and offers it to its users shall be considered the Run Date.  The Voucher shall be activated, which means capable of being used for purchases with the Merchant in accordance with the terms of the Voucher as set forth in the Terms. At the time that the Voucher has been purchased, InfiShare will electronically deliver the Voucher to the purchaser.  Once a Voucher is Activated and delivered to the purchaser, Merchant shall be solely responsible for all customer service in connection with the Voucher and for supplying all goods and services specified in the Voucher. InfiShare further reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue publishing any Voucher and to require Merchant to edit or modify the same for any reason, including, without limitation, to confirm the Voucher to InfiShare specifications or applicable Laws. InfiShare shall remit payment to Merchant according to the schedule and terms set forth in the Terms. Amounts retained by InfiShare are compensation to InfiShare for the service of advertising and selling the Vouchers for Merchant.
 

InfiShare owns all right, title, and interest in and to the InfiShare System and any content supplied by InfiShare, and will have sole editorial control over the InfiShare System, including the presentation of any content provided by Merchant ("Merchant Content"). Merchant Content may include, without limitation, menus, photographs, trademarks and logos. For the term of the Agreement and for six (6) months thereafter, Merchant hereby grants to InfiShare a royalty-free, worldwide, sub-licenseable, transferable, fully paid-up, irrevocable right and license to use the Merchant Content on the Systems, and for marketing and promotional purposes via any means now known or hereinafter developed. Merchant owns all right, title, and interest in and to the Merchant Content, subject to the license granted to InfiShare herein. InfiShare may remove Merchant Content on the Systems at any time if it believes, in its sole discretion, that such Merchant Content violates any applicable laws, infringes upon any third-party rights, or otherwise impacts the integrity of the Systems.

Who may use the services

You must be at least 13 years old to use the service. If you are accepting these terms and using the services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Datasharing

InfiShare allows users to share their data through hotspots. Hotspot Datasharing does not constitute reselling of your Data Carrier’s services. You agree not to resell your Data Carrier’s services by this Agreement.

Children’s Privacy

We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our application. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including: notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information; in accordance with applicable law, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children; limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and, giving parents access or the ability to request said access to personal information we have collected from their children and giving them the opportunity to request that said information be changed or deleted.

Our Privacy Policy explains:

What information we collect and why we collect it.

How we use that information.

How to access and update information.

Our privacy policy describes how we handle the information you provide to us when you use our services. You understand that through your use of the services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, for storage, processing and use by Infinet.

 

We made it as short and simple as possible. Please read the key terms carefully – and if you have any complaints or suggestions, feel free to contact us at infinet666@gmail.com.

Information we collect

We collect information to provide better services to all of our users – from figuring out what country you are from and your current location.

 

We collect information in the following ways:

 

Information you give us, when creating an account, we may ask you for basic information. The option to edit your information is available in the settings section. This information is known as the personal information provided to us by you, along with anonymous information--information that does not directly or indirectly identify, and cannot reasonably be used to identify an individual guest. We may use the personal information and anonymous information to create a third type of information, aggregate information--information about groups or categories of guests which does not identify and cannot reasonably be used to identify an individual guest.

 

Said information may be used to provide you with the products and services you request; communicate with you about your account or transactions with us and send you information about features on our sites and applications or changes to our policies; consistent with local law and choices and controls that may be available to you we may use information collected from you, or from devices associated with you to: send you offers and promotions for our other products and services or third party products and services, personalize content and experiences, provide you with advertising based on your activity on our application and on third-party sites and applications. We aim to optimize and improve our products, services and operations as well as detect, investigate and prevent activities that may violate our policies or be illegal.

Information others provide about you

We also collect content and information that other people provide when they use our Services, including information about you, your phone, your location, your mobile carrier, your data plan, your data usage, and other related metrics.

Information about payments

We also collect content and information that other people provide when they use our Services, including information about you, your phone, your location, your mobile carrier, your data plan, your data usage, and other related metrics.

Device information

We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:

 

Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.

 

Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals. Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

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We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).

Log information

When you use our services or view content provided by Infinet, we automatically collect and store certain information in server logs. This includes:

 

Details of how you used our service, such as your search queries, your activities between other users, data usage, data sharing, and other related metrics.

Location information

When you use Infinet services, we may collect and process information about your actual location.

Where we use the information

The security, integrity and confidentiality of your information is important to us. To that end, we have implemented security measures that are designed to protect guest information from unauthorized access, disclosure, modification, and use thereof. We review our protocols and security measures from time to time, as necessary to consider and apply new methods and technology to protect said information. *Please be aware that despite our best efforts, no security measures are perfect. We will retain your personal information for the length of time needed to fulfill the purposes outlined above in this privacy policy, unless a longer retention is required or permitted by law.

We use all of the information we have to help us provide and support our Services. Here’s how:

We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services.

 

We also may use information we have to provide shortcuts and suggestions to you. When we have location information, we use it to tailor our Services for you and others, like helping you to check-in and find local events or offers in your area or tell your friends that you are nearby.

 

We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.

Communicate with you

We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.

Show and measure ads and services

We may use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services. Learn more about advertising on our Services and how you can control how information about you is used to personalize the ads you see.

Cookies and tracking

The services provided by our application may use “cookies” and other technologies such as hardware-based device identifiers, web beacons, operating system based identifiers and other similar technologies. A “cookie” is a small file stored when told to do so. Some of the cookies are 1st party from the site itself and others are 3rd party belonging to advertising and analytics entities or social networks. You can disable cookies or set a browser (from the web) to alert you when cookies are being sent to your device. You can disable cookies or set your browser to alert you when cookies are in effect; however, disabling cookies may affect your ability to use the Services.

Promote safety and security

We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption and machine learning. We also offer easy-to-use security tools that add an extra layer of security to your account.

 

*We follow generally accepted industry standards and maintain reasonable safeguards to attempt to ensure the security, integrity and privacy of information in our possession.

Compliance and cooperation with regulatory authorities

We regularly review our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks, including the EU-US and Swiss-US Privacy Shield Frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes

Our Privacy Policy may change from time to time to accommodate new technologies, regulatory requirements or for any other reason permitted by law. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Things you do and information you provide

We aim to provide you with the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include: you may correct, update or delete your registration account; you may change your choices for subscriptions, newsletters and alerts; you may choose whether we share your personal information with other companies so they can send you offers and promotions about their services and/or products; you may choose whether to receive targeted advertising; you may request access to the personal information we hold about you and that we delete or alter said information. You may exercise your controls through the application.

 

*Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain services and/or products to you. Some of our services may not be able to take account of your particular preferences. If you have any questions contact our guest services above.

Your networks and connections

If you want to use the Services, we would ask for your credit card number and store it in our database for future use. If someone else has paid you for hotspot sharing services you two options to claim the money: providing your email, ACH method. Email method, we will ask for your email and we will send a link through Veem to send you a paycheck. ACH method, you would have to give us your bank information. The email and ACH information are always manually typed by the account owner, it is never saved in our database.

Your Data Carrier’s Services

Your individual Data Carrier’s terms and conditions are part of this Agreement. By using InfiShare, you agree to comply by all of your Data Carrier’s terms and conditions. Your Data Plan includes your monthly allowances and features, where you can use them (your "Coverage Area"), and their monthly and pay–per–use charges. You can also subscribe to several Optional Services, like international service plans or equipment protection services. Together, your Plan, features you use, and any Optional Services you select are your Service. Your billing and shipping addresses, and your primary place of use, must be within the areas served by the network your carrier owns and operates. The current version of this Agreement and the terms and conditions for your Service should be available at your Data Carrier’s website.

By using the Service you are agreeing to every provision of this Agreement whether or not you have read it. This agreement also applies to anyone who uses your Service.

Data Carrier Privacy

We and possibly your Data Carrier collect personal information about you. By entering into this Agreement, you consent to our data collection, use and sharing practices described in this policy. It is your responsibility to notify people who connect devices through your mobile hotspot, or wireless router that we will collect, use and share information about their device and use of the Service in accordance with our Privacy Policy. We provide you with choices to limit, in certain circumstances, our use of the data we have about you.

 

If you subscribe to Service for which usage charges are billed at the end of the billing period, we may investigate your credit history at any time. If you'd like the name and address of any credit agency that gives us a credit report about you, just ask.

 

Many services and applications offered through your device may be provided by third parties. Before you use, link to or download a service or application provided by a third party, you should review the terms of such service or application and applicable privacy policy. Personal information you submit may be read, collected or used by the service or application provider and/or other users of those forums.

 

You consent to allow InfiShare and anyone who collects on our behalf to contact you about your account status, including past due or current charges, using prerecorded calls, email and calls or messages delivered by an automatic telephone dialing system to any wireless phone number, other contact number or email address you provide. InfiShare will treat any email address you provide as your private email that is not accessible by unauthorized third parties. Unless you notify us that your wireless service is based in a different time zone, calls will be made to your cellular device during permitted calling hours based upon the time zone affiliated with the mobile telephone number you provide.

My wireless device

Your wireless device must comply with Federal Communications Commission regulations, be certified for use on your Data Carrier’s network, and be compatible with your Service. Please be aware that we may change your wireless device's software, applications or programming remotely, without notice. This could affect your stored data, or how you've programmed or use your wireless device. By activating Service that uses a SIM (Subscriber Identity Module) card, you agree we own the intellectual property and software in the SIM card that we may change the software or other data in the SIM card remotely and without notice, and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.

Where and how does Infinet wireless Service work?

Wireless devices use radio transmissions, so unfortunately you can't get Service if your device isn't in range of a transmission signal. And please be aware that even within your Coverage Area, many things can affect the availability and quality of your Service, including network capacity, your device, terrain, buildings, foliage and weather.

Data Carrier and Datasharing Usage

You agree to pay all access, usage and other charges that you or any other user of your wireless device incurred. If multiple wireless devices are associated with your account, you agree to pay all charges incurred by users of those wireless devices. When users share data, for charges based on the amount of time used or data sent or received, we'll round up any fraction to the next full minute or, depending on how you're billed for data usage, the next full megabyte or gigabyte. For outgoing calls, usage time starts when you first press Send or the call connects to a network, and for incoming calls, it starts when the call connects to a network (which may be before it rings). Usage time may end several seconds after you press End or after the call disconnects. For calls made through our App, we charge only for calls that are answered, including by machines. What Charges are set by Infinet?

 

Our or your Data Carrier’s charges may also include Federal Universal Service, Regulatory and Administrative Charges, and we may also include other charges related to our governmental costs. We or your Data Carrier set these charges; they aren't taxes, they aren't required by law, they are not necessarily related to anything the government does, they are kept by us in whole or in part, and the amounts and what they pay for may change.

Government Taxes, Fees and Surcharges

You must pay all taxes, fees and surcharges set by federal, state and local governments. Please note that we may not always be able to notify you in advance of changes to these charges.

What is roaming?

You're "roaming" whenever your wireless device connects to a network outside your Coverage Area or connects to another carrier’s network, which could happen even within your Coverage Area. There may be higher rates or extra charges (including charges for long distance, tolls or calls that don't connect), and your data service may be limited or slowed, when roaming.

How can I prevent unintended charges on my bill?

Many services and applications are accessible on or through wireless devices, including purchases of games, movies, music and other content. Some of these services are provided by Infinet. Others are provided by third parties that may offer the option to bill the charges to your bill or other methods of payment. Charges may be one–time or recurring. The amount and frequency of the charges will be disclosed to you or the person using your device or a device associated with your account at the time a purchase is made. If the purchaser chooses to have the charges billed to your account, such charges will become part of the amount due for that billing cycle. Your Data Carrier may offer tools to block or restrict these services, and to block all billing for third–party services on your bill.

How and when can I dispute charges?

You can dispute your bill within 180 days of receiving it, but unless otherwise provided by law or unless you're disputing charges because your wireless device was lost or stolen, you still have to pay all charges until the dispute is resolved. YOU MAY CALL US TO DISPUTE CHARGES ON YOUR BILL OR ANY SERVICE(S) FOR WHICH YOU WERE BILLED, BUT IF YOU WISH TO PRESERVE YOUR RIGHT TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING SUCH DISPUTE, YOU MUST WRITE TO US AT THE CUSTOMER SERVICE ADDRESS ON YOUR BILL, WITHIN THE 180–DAY PERIOD MENTIONED ABOVE. IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 180-DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICE(S) AND TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING ANY SUCH DISPUTE.

Billing and Payments

If we don't get your payment on time, we will charge you a late fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance, or a flat $5 per month, whichever is greater, if allowed by law in the state of your billing address. (If you choose to have your Service billed by another company (pursuant to a Infinet-approved program), late fees are set by that company and may be higher than our late fees.) Late fees are part of the rates and charges you agree to pay. If you fail to pay on time and we refer your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18 percent. We may require a deposit at the time of activation or afterward, or an increased deposit. We'll pay simple interest on any deposit at the rate the law requires. We may apply deposits or payments in any order to any amounts you owe us on any account. If your final credit balance is less than $1, we will refund it only if you ask. If your service is suspended or terminated, you may have to pay a fee to have service reactivated.

 

We may charge you up to $25 for any returned check. If you make a payment, or make a payment arrangement, through a call center representative, we may charge you an Agent Assistance Fee of $7.00

What are Infinet’s rights to limit or end Service or end this Agreement?

We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service other than datasharing; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (e) steal from or lie to us; or, (f) do not pay your bill on time; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if we haven't yet billed the charges); (h) provide credit information we can't verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your device or any line of service on your account, or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) "spam," or engage in other abusive messaging or calling; (d) modify your device from its manufacturer's specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.

DISCLAIMER OF WARRANTIES

We make no representations or warranties, express or implied, including, to the extent permitted by applicable law, any implied warranty of merchantability or fitness for a particular purpose, about your Service, your wireless device, or any applications you access through your wireless device. We do not warrant that your wireless device will work perfectly or will not need occasional upgrades or modifications, or that it will not be negatively affected by network– related modifications, upgrades or similar activity. If you download or use applications, services or software provided by third parties (including voice applications), 911 or E911, or other calling functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third–party products. Infinet Wireless is not responsible for any third–party information, content, applications or services you access, download or use on your device. You are responsible for maintaining virus and other Internet security protections when accessing these third–party products or services. For additional information, visit the Infinet Content Policy at responsibility.verizon.com/contentpolicy

WAIVERS AND LIMITATIONS OF LIABILITY

You and Infinet both agree to limit claims against each other solely to direct damages. That means neither of us will claim any damages that are indirect, special, consequential, incidental, treble or punitive. For example, disallowed damages include those arising out of a Service or device failure, unauthorized access or changes to your account or device, or the use of your account or device to access or make changes to an account with another entity, such as a financial entity, without authorization. This limitation and waiver will apply regardless of the theory of liability. It also applies if you bring a claim against one of our suppliers, to the extent we would be required to indemnify the supplier for the claim.You agree we aren't responsible for problems caused by you or others, or by any act of God. You also agree we aren't liable for missed or deleted voicemails or other messages, or for any information (like pictures) that gets lost or deleted if we work on your device. If another wireless carrier is involved in any problem (for example, while you're roaming), you also agree to any limitations of liability that it imposes.

HOW DO I RESOLVE DISPUTES WITH INFINET?

WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.

 

YOU AND INFINET BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

 

(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.

 

(2) UNLESS YOU AND INFINET AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S CONSUMER ARBITRATION RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.

 

(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

 

(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO INFINET SHOULD BE SENT TO INFINET WIRELESS DISPUTE RESOLUTION MANAGER, ONE INFINET WAY, BASKING RIDGE, NJ 07920. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, INFINET WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER.

 

(5) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY'S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO'S NOT DIRECTLY INVOLVED IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU'D LIKE TO KNOW MORE, PLEASE CONTACT US AT INFINETWIRELESS.COM OR THROUGH CUSTOMER SERVICE. IF YOU'D LIKE TO START THE MEDIATION PROCESS, PLEASE GO TO INFINETWIRELESS.COM OR CALL CUSTOMER SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.

 

(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.

 

(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

 

(8) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE.

 

(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND INFINET AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND INFINET UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

About this Agreement

If we don't enforce our rights under this agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. You cannot assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you. Please note that many notices we send to you may show up as messages on a monthly bill.

 

If you have online billing, those notices will be deemed received by you when your online bill is available for viewing. If you get a paper bill, those notices will be deemed received by you three days after we mail the bill to you. If we send other notices to you, they will be considered received immediately if we send them to your wireless device, or to any email or fax number you've given us, or after three days if we mail them to your billing address. If you need to send notices to us, please send them to the customer service address on your latest bill. If any part of this agreement, including anything regarding the arbitration process (except for the prohibition on class arbitrations as explained in part 8 of the dispute resolution section above), is ruled invalid, that part may be removed from this agreement.

 

This agreement and the documents it incorporates form the entire agreement between us. You can't rely on any other documents, or on what's said by any Sales or Customer Service Representatives, and you have no other rights regarding Service or this agreement. This Agreement isn't for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except where we've agreed otherwise elsewhere in this agreement, this agreement and any disputes covered by it are governed by federal law and the laws of the state encompassing the area code of your wireless phone number when you accepted this agreement, without regard to the conflicts of laws and rules of that state.