SIMPLE MOBILE TERMS OF USE

Welcome to the Simple Mobile™ website (“Site”). Please read these terms of use carefully. By accessing or using our Site in any way you are agreeing to comply with these Terms of Use, including any policies and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through our Site, including services for which you are asked to subscribe or pay money (such as online stores), may have their own terms and conditions that apply to your purchase or use of that particular service. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use (such as account managers) or to which you subscribe, those other terms and conditions or agreements will govern. At any time, Simple Mobile may without notice make changes to these Terms. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes.

Ownership and Use of the Site

All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio and video clips, data compilations and software, is the property of Simple Mobile and/or our partners and licensors, and is protected by United States and international copyright laws. You may view, copy, or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from this site without the express permission of Simple Mobile.

Trademarks (including but not limited to Simple Mobile and the Simple Mobile logo) that are used or displayed on the Site are owned by Simple Mobile or by third parties other than Simple Mobile that offer and provide products and services on or through the Site. The trademarks of Simple Mobile may not be copied or used, in whole, partial or modified form, without the prior written permission of Simple Mobile. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Simple Mobile.

Copyright and Notice under the DMCA

Simple Mobile respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Simple Mobile´s Copyright Agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A specific description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Simple Mobile´s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: E-mail: copyright@mysimplemobile.com

Security

Simple Mobile uses reasonable precautions to protect the privacy of your credit card and other ordering information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to Simple Mobile order processing system. Simple Mobile order processing systems are not connected to the Internet and are not accessible to the public. Many Web browsers support the use of an SSL connection, but if your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can place your order by calling Simple Mobile toll free at 1-877-238-7908 (US only).

Please protect your username and password. If you access your account from a public computer be sure to log off before closing the browser window. Accuracy of Information

Simple Mobile does not warrant that information, graphic depictions, product and service descriptions or other content of the Site is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event Simple Mobile determines that a product or service contains an inaccurate price or description, Simple Mobile reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. Simple Mobile may make improvements or changes to any of its content, information products, services, or programs described on the Site at any time without notice.

Online Orders

In order to protect Simple Mobile and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. Simple Mobile reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.

You agree to purchase the products and services ordered on the various order screens once you click on the "SUBMIT" or similar button on the product or service order screens. The terms of the purchase agreement include, without limitation, the information included on the various order screens and the terms of this section. Such purchase agreement is in addition to and not in lieu of the agreement into which you are deemed to have entered with Simple Mobile by virtue of your use of this site.

Simple Mobile charges your credit card immediately after it receives your order and performs the credit check. If your credit card is rejected when Simple Mobile charges it, Simple Mobile is not obligated to ship any products or activate any service for your account.

All prices are stated and payable in US dollars. The prices for equipment quoted on this Site do not include taxes. Simple Mobile charges all applicable federal, state, local, and other taxes on all equipment. Shipping charges shall be at then-current rates and will be included in the charges to your credit card purchase.

Warranty Disclaimer and Limitation of Liability

INFORMATION IN THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SIMPLE MOBILE MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED. SIMPLE MOBILE SHALL NOT BE LIABLE TO ANY PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WITH REGARD TO THE USE OF OR THE INABILITY TO USE THE SITE OR ANY OTHER HYPERLINKED WEB SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES SET FORTH ABOVE, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SIMPLE MOBILE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Termination and Suspension

You agree that Simple Mobile may immediately terminate or suspend your account and access to all or any part of the Site or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if Simple Mobile elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site. You agree that all terminations and suspensions for cause shall be made in Simple Mobile´s sole discretion and that Simple Mobile shall not be liable to you or any third party for any termination or suspension of your account or access to the Sites.

Disputes

Any and all disputes relating to these Terms will be resolved by binding arbitration, rather than in court, pursuant to the procedures contained here: http://www.mysimplemobile.com/Simple-Mobile-Terms-Conditions.aspx, except that to the extent that you have violated or threatened to violate our intellectual property rights, Simple Mobile may seek injunctive or other appropriate relief. You agree that any such legal action or proceeding shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, and you hereby submit to the jurisdiction and venue of such courts.

Miscellaneous

The failure of Simple Mobile to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. Simple Mobile may assign its rights and duties under this Agreement to any party at any time without notice to you.