Binding Arbitration
Revised: March 21, 2023
Table of Contents
ImportantRead this agreement carefully as it affects rights that you may otherwise have. It provides for resolution of all disputes and claims (including ones that already are the subject of litigation) through arbitration instead of suing in court in the event the parties are unable to resolve a dispute or claim. Per this agreement, AirVoice Wireless requires the use of individual arbitration rather than jury trials or class actions to resolve disputes, except for claims concerning the unauthorized sale, export, alteration and/or tampering of your AirVoice Wireless phone, AirVoice Wireless service and/or AirVoice Wireless sim and pin numbers. This arbitration clause shall survive termination of AirVoice Wireless’ agreement with you. Arbitration is binding and subject to only a very limited review by a court. Arbitration is more informal than litigation; using a neutral arbitrator instead of a judge or jury; allowing for less discovery and less appellate review than in court.
This provision is intended to encompass all disputes or claims arising from your relationship with AirVoice Wireless, arising from or relating to the service or any equipment used in connection with the service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall exclude AirVoice Wireless the ability to bring claims concerning the unauthorized sale, export, alteration, and/or tampering of your AirVoice phone, its software, AirVoice Wireless service, SIM cards and/or pin numbers in state or federal court.
You must first present any claim or dispute to AirVoice Wireless by contacting customer care at 888-944-2355 or (707)-289-2355, to allow an opportunity to resolve the dispute prior to initiating arbitration. All claims will be resolved by binding arbitration where permitted by law.
The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the commercial dispute resolution procedures and the supplementary procedures for consumer related disputes (collectively “AAA rules”), as modified by this agreement. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. You and AirVoice Wireless agree that use of the service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the federal arbitration act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and AirVoice Wireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis.
Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (I) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless AirVoice Wireless and you agree otherwise, the location of any arbitration shall be Detroit, Michigan. Except where prohibited by law, AirVoice wireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor AirVoice Wireless shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof.
This agreement shall be construed under the laws of Michigan, without regard to its choice of law rules, except for the arbitration provision contained in these terms and conditions, which will be governed by the federal arbitration act. This governing law provision applies no matter where you reside, where you use service, or where you pay for the service.
This provision is intended to encompass all disputes or claims arising from your relationship with AirVoice Wireless, arising from or relating to the service or any equipment used in connection with the service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall exclude AirVoice Wireless the ability to bring claims concerning the unauthorized sale, export, alteration, and/or tampering of your AirVoice phone, its software, AirVoice Wireless service, SIM cards and/or pin numbers in state or federal court.
You must first present any claim or dispute to AirVoice Wireless by contacting customer care at 888-944-2355 or (707)-289-2355, to allow an opportunity to resolve the dispute prior to initiating arbitration. All claims will be resolved by binding arbitration where permitted by law.
The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the commercial dispute resolution procedures and the supplementary procedures for consumer related disputes (collectively “AAA rules”), as modified by this agreement. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. You and AirVoice Wireless agree that use of the service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the federal arbitration act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and AirVoice Wireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis.
Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (I) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless AirVoice Wireless and you agree otherwise, the location of any arbitration shall be Detroit, Michigan. Except where prohibited by law, AirVoice wireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor AirVoice Wireless shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof.
This agreement shall be construed under the laws of Michigan, without regard to its choice of law rules, except for the arbitration provision contained in these terms and conditions, which will be governed by the federal arbitration act. This governing law provision applies no matter where you reside, where you use service, or where you pay for the service.
IndemnificationYou agree to indemnify, defend, and hold harmless AirVoice Wireless from any and all liabilities, penalties, fees, claims, and demands brought upon you by third parties resulting from use of your AirVoice wireless phone and service including, but not limited to, any violation by you of the terms and conditions of this agreement, the policies, or of any applicable statutes, ordinances, laws or regulations of any local, state, or federal authority, your use of the service and any information you submit, post, transmit or make available via the service, failing to provide appropriate notices regarding location-sensitive services, failure to safeguard your passwords, backup security question to your password or any other account information, or the rights of any third party.
AirVoice Wireless’ Right To Terminate ServiceAirVoice Wireless may terminate or suspend your service at any time and for any reason without liability. If you breach any portion of this agreement (including failing to refill your account within the given expiration period), we may suspend, terminate or restrict your service. We can, without notice, restrict, suspend or end your service or any agreement with you at any time for any reason, including, but not limited to: (1) if you: (a) breach this agreement; (b) use your service for any purpose or in any way not permitted under this agreement or for any illegal purpose (c) use your service for engaging in conduct that adversely affects our customers, employees, business, or any other person(d), use your service in ways that interfere with our operations, network, reputation, or ability to provide quality service; (e) engage in “spamming” or in other abusive or unsolicited communications; (f) steal from or lie to us; (g) interfere with our operations; (h) fail to follow our policies; (i) fail to use our services for an extended period of time; (j) use your service or wireless device in a manner that is excessive, unusually burdensome, or unprofitable to us; (k) use of our service exceeds our stated policies for use; or (2) if you, any user of your wireless device or any account manager on your account: (a) threaten, harass, abuse, offend or use vulgar and/or inappropriate language toward our representatives or any person whom they call using our service; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; or (d) use your service in a way that negatively affects our network or other customers.
AirVoice Wireless is not required to provide you with any notification before suspending, restricting, or terminating your service.
AirVoice Wireless is not required to provide you with any notification before suspending, restricting, or terminating your service.
Acceptance of TermsIf you are a new customer, you accept these terms and conditions and agree to comply with all applicable laws and policies by doing any of the following (a) activating service; (b) using your service after your service is activated; (c) making a change or addition to your service; (d) paying for the service. By doing any of the foregoing, you are indicating your intent to be bound by the terms and conditions of service of this agreement. If you are a new customer and you do not agree to this agreement, do not initiate service. If you are an existing customer, you accept these terms and conditions and agree to comply with all applicable laws and policies by doing any of the following: (a) using your service after your service is activated; (b) making a change or addition to your service; (c) using your service after you make a change or addition; or (d) paying for the service. If you are an existing customer and the service is provided to you under a prior agreement and you do not agree to this agreement, you must terminate service as set forth in the prior agreement; provided, however, that if you choose to terminate service you will still be bound by the prior agreement, including your obligation to pay any outstanding amounts and your agreement to arbitrate disputes.
If you have any questions, do not activate or use your service, and contact AirVoice Wireless or its authorized agents to have your questions answered.
By initiating or continuing service in the aforementioned ways, you agree to use AirVoice Wireless service in accordance with this agreement and to comply with all applicable laws. You agree not to use your AirVoice Wireless phone for any purpose that is not allowed by this agreement or that is illegal.
* All Information is subject to change at any time with or without notification. Because of frequent network upgrades, sometimes rates and other information may change. It is best to call our U.S. based customer service at 888-944-2355 or (707)-289-2355 for up to date information.
If you have any questions, do not activate or use your service, and contact AirVoice Wireless or its authorized agents to have your questions answered.
By initiating or continuing service in the aforementioned ways, you agree to use AirVoice Wireless service in accordance with this agreement and to comply with all applicable laws. You agree not to use your AirVoice Wireless phone for any purpose that is not allowed by this agreement or that is illegal.
* All Information is subject to change at any time with or without notification. Because of frequent network upgrades, sometimes rates and other information may change. It is best to call our U.S. based customer service at 888-944-2355 or (707)-289-2355 for up to date information.
