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Page 75
dĞƌŵŝŶĂƚŽƌ^ĂůǀĂƚŝŽŶΡ'ĂŵĞ^ŽĨƚǁĂƌĞŽƉLJƌŝŐŚƚΞϮϬϭϬWůĂLJDĞĐŚĂŶŝdžΡ/ŶĐ͘ůůƌŝŐŚƚƐƌĞƐĞƌǀĞĚ͘
WƌŽǀŝĚĞƌĨŽƌLJŽƵƌƐĞƌǀŝĐĞ͘zŽƵĂŐƌĞĞƚŚĂƚWůĂLJDĞĐŚĂŶŝdžΡ͕/ŶĐ͘ǁŝůůŚĂŶĚůĞĂůůŶĞŐŽƚŝĂƚŝŽŶŽĨƌĂƚĞĨĞĞƐĂŶĚďŝůůŝŶŐ
ǁŝƚŚƚŚĞĞůůƵůĂƌWƌŽǀŝĚĞƌ͘WůĂLJDĞĐŚĂŶŝdžΡ͕/ŶĐ͘ĂŐƌĞĞƐƚŽƵƐĞŝƚƐďĞƐƚĞĨĨŽƌƚƐƚŽƌĞ
solve any and all billing disputes
ǁŝƚŚƚŚĞĞůůƵůĂƌWƌŽǀŝĚĞƌ͘WůĂLJDĞĐŚĂŶŝdžΡ͕/ŶĐ͘ǁŝůůŝŶŝƚƐƐŽůĞĚŝƐĐƌĞƚŝŽŶĚĞƚĞƌŵŝŶĞŝĨĂďŝůůŝŶŐĞƌƌŽƌŚĂƐŽĐĐƵƌƌĞĚ͘
Billing and Payment
Billing takes place through your CoinUp® operator account. All methods of payment and late fees described in
your CoinUp® Operator Agreement shall apply.
Changes to Terms and Rates
The Cellular Provider may from time to time change the rates charged for the Service. Generally, if the Cellular
Provider raises the rate for Service they will allow us to discontinue the Service without fee or penalty. If Play
DĞĐŚĂŶŝdžΡ͕/ŶĐ͘ƌĞĐĞŝǀĞƐŶŽƚŝĐĞŽĨĂƌĂƚĞŝŶĐƌĞĂƐĞĨƌŽŵƚŚĞĞůůƵůĂƌWƌŽǀŝĚĞƌĂƐƐŽĐŝĂƚĞĚǁŝƚŚLJŽƵƌ^ĞƌǀŝĐĞǁĞĂŐƌĞĞ
to notify you and allow you the same option given to us. If the Cellular Provider lower the rate for Service, the new
rate will automatically take effect for you on the same date that it takes effect for us.
Data Connection Limitations
WůĂLJDĞĐŚĂŶŝdžΡ͕/ŶĐ͘ůŝŵŝƚƐƚŚĞĐĂƉĂďŝůŝƚŝĞƐŽĨƚŚĞƋƵŝƉŵĞŶƚƐŽƚŚĂƚŝƚŝƐŽŶůLJĂů
lowed to make data connections to
CoinUp® servers. You agree not to use the Cellular Service provided by us for any other purpose than connecting
LJŽƵƌ'ĂŵĞƚŽƚŚĞŽŝŶhƉΠŶĞƚǁŽƌŬ͘/ĨWůĂLJDĞĐŚĂŶŝdžΡ͕/ŶĐ͘ĨŝŶĚƐƚŚĂƚLJŽƵĂƌĞƵƐŝŶŐƚŚĞĞůůƵůĂƌ^ĞƌǀŝĐĞĨŽƌĂ
ny
other such purpose including but not limited to, web browsing, voice calls, and text messaging then we may
immediately terminate the Cellular Service in which case you will pay all fees charged to this line of Service
including the Early Termination Fee if we terminate this Service before the expiration of the Service Commitment.
Service Limitations and Limitation of Liability
Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental
conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and
Emergency Preparedness personnel in the event of disaster or emergency, coordination with other systems,
equipment modifications and repairs, and problems with the facilities of interconnecting carriers. WE DO NOT
'hZEdzKhhE/EdZZhWd^Zs/KZKsZ'͘WůĂLJDĞĐŚĂŶŝdžΡ͕/E͘D<^EKtZZEdz͕
EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR
PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL PM BE LIABLE, WHETHER OR NOT
DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions,
errors, failures to transmit, delays, or defects in the service provided by or through us; or (c) damage or injury
caused by suspension or termination of service by PM. To the full extent allowed by law, you hereby release,
indemnify and hold PM and its officers, directors, employees and agents harmless from and against any and all
claims of any person or entity for damages of any nature arising in any way from or relating to, directly or
indirectly, service provided by PM or any
ƉĞƌƐŽŶ͛ƐƵƐĞ
thereof, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART
FROM THE ALLEGED NEGLIGENCE OF PM, or any violation by you of this Agreement. This obligation shall survive
termination of your service with PM. PM is not liable to you for changes in operation, equipment, or technology
that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES DO NOT
ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Miscellaneous
This agreement, the signature sheet, terms of service for products and services not otherwise described herein
that are posted on applicable PM web sites, and any documents expressly referred to herein or therein, make up
the complete agreement between you and PM. If any provision of the agreement is found to be unenforceable by
a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. PM may
assign this agreement, but you may not assign this agreement without our prior written consent. The law of the
state of your billing address shall govern this agreement except to the extent that such law is preempted by or
inconsistent with applicable federal law.
