Published May 24, 2012
US Travel SIM Terms and Conditions
This Agreement governs the sale and delivery of wireless Services ("Service" or "Services") to you by Ztar Mobile and any of their parent and subsidiaries (collectively “us," "we," "our" or " good2GO mobile"). This Agreement is between you (the purchaser or user of the Services) and us. Certain other laws may also govern our provision of Services to you and such laws are incorporated in their entirety by this reference into this Agreement as if set forth in this Agreement. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and us. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. We reserve the right to change or modify any of these Terms and Conditions of Service at any time and in our sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on our website found at www.USTravelSIM.com and as provided herein.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A NEW CUSTOMER, WHEN YOU INITIATE SERVICE BY ATTEMPTING TO PLACE A CALL ON OUR SYSTEM AND OUR CARRIER PARTNER SYSTEM OR TO USE ANY OTHER SERVICE, YOU AGREE TO THIS AGREEMENT AND ALL APPLICABLE LAWS. BY USING US AND OUR CARRIER PARTNER SYSTEM OR ANY OTHER SERVICE, 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 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.
By purchasing and/or activating a US Travel SIM card and/or using the good2GO mobile service (“Service”), customer (“you” or “You”) acknowledges and agree to the following terms and conditions:
REGISTERING, ACTIVATING AND USING YOUR SERVICE: Before you can use your Service, you must register and activate a US Travel SIM card. You may activate your US Travel SIM card by visiting the US Travel SIM website at www.USTravelSIM.com or by calling our Activation line at 800-233-0783. If you have purchased a US Travel SIM card follow the instructions that came with the SIM card to activate your Service. Upon registration, you will be prompted to set up a password for your account. You must accept the good2GO mobile phone number assigned to your US Travel SIM card at the time of activation, unless you choose to transfer or port (wireless local number portability “WLNP”) your existing telephone number to a US Travel SIM card. In certain instances, you may not be able to transfer WLNP your existing phone number from another carrier to good2GO mobile. If you do not refill your account by your Service End Date, your good2GO mobile phone number may be lost. Your US Travel SIM can only be activated where Service is available offered and supported by good2GO mobile. The wireless telecommunications networks used to transmit calls for the Service is owned and operated by licensed commercial mobile radio Service providers (“Carriers”), not by us. Your US Travel SIM card can only be used through good2GO mobile, and cannot be activated with any other wireless Service. The terms of the Service Plans and Service Cards are subject to change without notice. Services are provided at good2GO mobile’s discretion. Once you have been assigned your good2GO mobile phone number you cannot change your Service plan until your Service End Date (as described below) without losing any unused Service balance. If you change your Service plan prior to your Service End Date, you will lose any unused Service balance. If you notify us that your phone is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available on your Service. Upon activation of your US Travel SIM card, you should retain your activation card that includes SIM number for the SIM card associated with your phone for future reference. You will need your SIM card number in the event you need to reactivate your SIM card for any reason.
Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in Digital Mode and are approximate.
If you are using your own unlocked phone with a US Travel SIM card, it must be compatible, and not interfere with, our Service, and must comply with all applicable laws, rules and regulations. You are responsible for ensuring that any unlocked wireless phone that you use is compatible with the Service and that your phone meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware, software and/or internet access required in order to use the Service. Service will only work with wireless devices that are compatible with our network. Not all Services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.
Communications and Security:
a. You may need an e-mail address and internet access that are accessible through means other than the Services in order to use the Services, as we will use your e-mail address and our website to communicate with you, including communications to advise of suspensions or interruptions to Service. You are responsible for all equipment and services required for such e-mail and internet access. We may also send you communications by text message to your phone and, occasionally, by phone, voice-mail or regular postal mail. You agree to receive communications from us through such methods. Communications may include but are not limited to notices regarding your account balance, account expiry, addition or removal of plans and promotions.
b. When ordering the Services, you will choose your personal identification number (your “PIN”). You will need your PIN for activation of your SIM card, activation or deactivation of Services, logging into your account at our website or for any other changes or inquiries into your account. We will use the PIN, through automated systems, to validate that the person contacting us is authorized to give us instructions, make changes on your account and make inquiries and will be entitled to treat all such communications as authorized by you if your PIN is provided to us. It is your responsibility to keep your PIN safe and secure and not to disclose it to anyone, unless you want to give someone else the authority to act on your behalf. You are solely responsible for any actions taken using your PIN. You should only provide your PIN when logging into your account at our website or through our interactive voice response system. For security reasons, our customer care representatives will ask you for your PIN. When speaking with our customer care representatives, they will follow other verification procedures to validate your identity if you do not have your PIN.
c. If you believe the security of your PIN has been compromised, or you suspect unauthorized use, or your handset or SIM card is lost, stolen, damaged or tampered with, notify us immediately. You will be responsible for all changes to your account, use of Services and charges, whether by you or anyone else, until you notify us. Once you notify us, we will suspend your account and will arrange for a new account to continue your use of the Services and, if required, a new SIM card. Replacement of lost or stolen handsets will be your responsibility. If you have an outstanding balance owing to us for a lost or stolen handset, you will continue to be responsible for that amount. No credits will be issued against monthly fees for the time you are unable to use the Services.
d. If we suspect, in our reasonable opinion, fraudulent activity on your account or that your PIN, your equipment or your Services are being used without your authority, we reserve the right to terminate or suspend the Services and will use reasonable efforts to contact you.
Personal Information and Privacy:
a. We will ask you, and you agree to provide us, with certain personal and other information in order for us to provide the Services to you, such as your contact details (in order to deliver invoices and other communications to you) and information we require to process your payments, such as your credit card information. You need to provide us with current, complete and accurate information, and keep us up-to-date as soon as your information changes.
b. We reserve the right (but have no obligation) to monitor usage of the Services and disclose information in order to satisfy legal, regulatory or governmental requirements, to properly administer the Services and to safeguard the Services, any data, software, networks or equipment used to provide the Services and our customers.
When you activate your Service, you will be provided with a telephone number or you may, in some circumstances, transfer your wireless number from another carrier using the WLNP process. Please note that You have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and You acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice to You.
TERMINATION OF SERVICE: Either party may terminate this Agreement (which will terminate the provision of the Service) at any time. Any unused Service at the time of termination will not be refunded. good2GO mobile may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt or terminate your Service without notice for any conduct that we believe violates this Agreement, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Service for an unlawful purpose or in a way that may adversely affect our Service, if you engage in any deceptive or unfair conduct with respect to your Service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of good2GO mobile phones or Service.
REFILL YOUR GOOD2GO MOBILE WIRELESS ACCOUNT: Your US Travel SIM card will only operate when your Service is active and you have a positive Service balance in your account. Services for purchase include minutes, text, data and add-ons. Minutes, text, data and add-ons do not have any cash value and do not accumulate. With each refill to your account you will extend your account expiry date and your account will reset with the refill amount of the new Service balance. All prices for Services on www.USTravelSIM.com are in U.S. dollars and do not include any taxes. Prices listed are subject to change and Sales Tax and Federal Goods and Services Tax, telecommunications tax, 911 are charged on any Services purchased, as applicable. Our Services are non-refundable and non-transferable. No refunds or discounts will be given for (i) unused Service balances when you refill your account and your Services balance is reset with your account refill; (ii) unused Service balances that have not been used by your Service End Date; (iii) unused Service balances on your phone if it is lost or stolen; or (iv) Services purchased that are not compatible or supported by your phone. Any unused Services such as monthly add-ons may not “carry forward” or accumulate from one Service period to the next. Customers whose phones are not data-enabled will not receive a discount for the data services. You must add your good2GO mobile refill card to your good2GO mobile account within one year from the date of purchase; as the Card/PIN expires after this time. good2GO mobile refill cards, Service Plans, and card denominations are subject to change without prior notice.
Top ups: good2GO mobile top ups are available at retailer locations. Service begins on the day you add/refill the top ups to your good2GO mobile account. Information on how you can establish and maintain an account balance will be provided at activation, and is available at www.USTravelSIM.com or through Customer Care. The replenishment methods available to you will depend on the terms of your Services.
SERVICE END DATE: Your “Service End Date” is the last day of your Service period when your account balance expires. When you add Services, your Service End Date will be extended by the number of Service Days purchased. Topping up Your Account before Service End Date: If you want to top up your account balance prior to your Service End Date, you can do so by purchasing an account top up at a retailer location or online. When you top up your account or it is automatically topped up by a recurring charge, any existing account balance will roll over into your new account balance and your Service End Date will be extended.
Refilling Your Account before Service End Date: If you are not on an Unlimited Service Plan and you want to refill your Services balance prior to your account Service expiry date, you can do so by buying a refill pin at a retail location and using the refill pin to refill your account at www.USTravelSIM.com.
Refilling Your Account after Service End Date: If you do not buy and add Services prior to the Airtime expiry, your Service will be deactivated on the account expiry date, you will lose all unused Services (including minutes, text, Data and Service days) and you may lose your telephone number. If your US Travel SIM card has expired for failure to add Services before the Airtime expiry date, you will need to provide your US Travel SIM card number in order to reactivate your Service. Please note that good2GO mobile does not provide refunds for unused minutes, texts or Data. If your US Travel SIM card has been deactivated for failure to add Services, you may lose your phone number and you may need to purchase a new US Travel SIM card to restore services.
REFILLING YOUR good2GO mobile ILD SERVICE ACCOUNT: Your International long distance (“ILD Services”) will only work when you have a positive balance in your ILD Service account. ILD Services rates and charges will vary and are subject to change without prior notice. good2GO mobile ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
SERVICE PLANS AND SERVICE CARDS: Service may include: Smartphone Unlimited, Unlimited, Talk & Text Unlimited, Pay As You Go, and Data Only Plan. You may be charged applicable taxes and fees in certain areas;
Smartphone Unlimited Plans: With this plan, you receive nationwide calling, text messaging, and 500MB Data for the number of Service days stated in the plan. Please note that the unlimited Service plans do not track “per minute” usage for nationwide calls or text messages. The Unlimited Service plans are subject to certain limitations. See paragraphs 6 and 7 below. You can also purchase additional airtime for international calling, international text messaging. If you exceed the 500 Megabytes of Mobile Web, you can purchase and additional 500MB of Mobile Web for just $5 at any time during your 30 day account cycle.
Unlimited Plan: With this plan, you receive nationwide calling, text messaging, and 100MB Data for the number of Service days stated in the plan. Please note that the unlimited Service plans do not track “per minute” usage for nationwide calls or text messages. The Unlimited Service plans are subject to certain limitations. See paragraphs 6 and 7 below.
Talk & Text Plan: With this plan, you receive nationwide calling and text messaging for the number of Service days stated in the plan. Please note that the unlimited Service plans do not track “per minute” usage for nationwide calls or text messages. The Unlimited Service plans are subject to certain limitations. See paragraphs 6 and 7 below.
Pay As You Go Plan: With this plan, you receive $.10 cents per minute Domestic Voice, $.10 cents per text message sent or received. Each time you refill, your airtime is good for 30 days from the date you refill. If you refill on or before your expiration date, your balance will carry forward.
Plan Services are deducted in the following manner:
Minutes: All calls are charged at a rate of one (1) minute per minute of use. Minutes are deducted in full unit increments and partial minutes are rounded up to the next minute. No credit is given for dropped calls. Simultaneous calls such as call waiting and 3-way calling will deduct minutes for two calls at the same time. Unless you are on an Unlimited Service Plan, minutes will be deducted for all time during which your good2GO mobile phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411 (depending on your Service plan), 611, *611, Customer Care, and to access your voice mail. Minutes are not deducted for calls to 911. For outbound calls, minutes will be deducted for incomplete and/or busy-no answer calls. There is no additional deduction for nationwide long distance. You may purchase International long distance Service to certain destinations through good2GO mobile’s International Long Distance Service program.
Text Messaging: Unless you are on an Unlimited Service Plan, text messages are deducted from your account balance. Your text messaging rate may vary based upon the good2GO mobile plan you select regardless of the model of wireless phone you are using. Please refer to the terms of the particular plan you have selected for further information. Service allows international text messaging as described and costs $.20 per message sent. Messages are limited to 160 characters per message. Standard rates apply to all incoming messages when in the U.S. Different, non-standard per message charges apply to international messages sent from the U.S. Text messages are charged when sent or received, whether read or unread, solicited or unsolicited. good2GO mobile does not guarantee delivery of messages. Text messages, including downloaded content, not delivered within 3 days will be deleted. good2GO mobile reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. Text Messaging may need to be provisioned on an account in order to use Picture/Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail. good2GO mobile reserves the right to change the Picture/Video message size limit at any time without notification. Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received.
You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited. You agree you will not use our messaging services to send messages that contain advertising or a commercial solicitation to any person or entity without their consent. You will have the burden of proving consent with clear and convincing evidence if a person or entity complains you did not obtain their consent. Consent cannot be evidenced by third party lists you purchased or obtained. You further agree you will not use our messaging service to send messages that: (a) are bulk messages (b) are automatically generated; (c) can disrupt good2GO mobile's network; (d) harass or threaten another person (e) interfere with another customer's use or enjoyment of good2GO mobile's Services; (f) generate significant or serious customer complaints, (g) that falsify or mask the sender/originator of the message; or (h) violate any law or regulation. good2GO mobile reserves the right, but is not obligated, to deny, disconnect, suspend, modify and/or terminate your messaging service or messaging services with any associated account(s), or to deny, disconnect, suspend, modify and/or terminate the account(s), without notice, as to anyone using messaging services in any manner that is prohibited. Our failure to take any action in the event of a violation shall not be construed as a waiver of the right to enforce such terms, conditions, or policies. Advertising and commercial solicitations do not include messaging that: (a) facilitates, completes, or confirms a commercial transaction where the recipient of such message has previously agreed to enter into with the sender of such message; or (b) provides account information, service or product information, warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient of such message.
Data Services: wireless data and messaging Services, including but not limited to, features that may be used with Data Services and wireless content and applications ("Data Services"). The absolute capacity of the wireless data network is limited; consequently, Data Services may only be used for prescribed purposes. Pricing and data allowances for Data Services are device dependent and based on the transmit and receive capacity of each device. Date Services with a monthly megabyte (MB) or gigabyte (GB) allowance, all allowances, must be used in the billing period in which the allowance is provided. Unused data allowances will not roll over to the subsequent billing periods.
Except as may otherwise be specifically permitted or prohibited for select data plans, data sessions may be conducted only for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access. While most common uses for Internet browsing, email and intranet access are permitted by your data plan, there are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; (ii) as a substitute or backup for private lines, wirelines or full-time or dedicated data connections; (iii) "auto-responders," "cancel-bots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either Services or other parties' Internet-based resources, including denial of service attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our carrier partner wireless network or another entity's network or systems; (vii) software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions, unless they adhere to good2GO mobile’s data retry requirements, which may be changed from time to time. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services, redirecting television signals for viewing on Personal Computers, web broadcasting, and/or for the operation of servers, telemetry devices and/or Supervisory Control and Data Acquisition devices is prohibited. Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/smartphone to computer accessories, BLUETOOTH® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, good2GO mobile reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to good2GO mobile’s wireless subscribers without their consent. You may not use the Services other than as intended by good2GO mobile and applicable law. Plans are for individual, non-commercial use only and are not for resale. good2GO mobile may, but is not required to, monitor your compliance, or the compliance of other subscribers, with good2GO mobile's terms, conditions, or policies.
Charges of ILD Calls: Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.
No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country. You are responsible for safeguarding your ILD Service Account and information. good2GO mobile is not responsible for and will not issue credit for unauthorized use.
Information on Phones: Your Phone may contain sensitive or personal information. good2GO mobile is not responsible for any information on your phone, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data and photographs when your phone is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your phone. By submitting your phone to us, you agree that our employees, contractors or vendors may access all of the information on your phone.
good2GO mobile reserves the right to take measures to protect the Carrier’s networks and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using the Service in a manner that adversely impacts the Carrier’s network. We may monitor the compliance of subscribers, with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
good2GO mobile UNLIMITED SERVICES INTENDED USE: good2GO mobile Smartphone Unlimited, Unlimited Plan and Talk & Text Plan (“Unlimited Service(s)”) may ONLY be used for the following purposes: (i) Person to Person Voice Calls (ii) Text and Picture Messaging (iii) Internet browsing through the good2GO mobile Web Service and (iv) Authorized Content Downloads from the good2GO mobile Web Store. The good2GO mobile Unlimited Services MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of audio or video programming or games; (iv) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing Services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her Service terminated without notice or a refund.
Unlimited Service is for individual use only and not for resale. Specifically, good2GO mobile Unlimited Services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Unlimited Services may not be used for any other purposes, including, but not limited to, conference calling, monitoring Services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. good2GO mobile reserves the right to cancel or deactivate Service, without notice, in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of Service.
good2GO mobile reserves the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone good2GO mobile believes is using the good2GO mobile Unlimited Services in any manner prohibited above or whose usage, in good2GO mobile’s sole opinion, adversely impacts the Carrier’s network or Service levels. good2GO mobile will presume you are engaging in a prohibited use in violation of these Terms and Conditions if in good2GO mobile’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or Mobile Web usage is harmful or disruptive to the Carrier’s network or Services. If we determine, at our sole discretion, that you are using an unlimited Service in violation of the good2GO mobile Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, data connections, Data or terminate your Service, decline to renew your Service, or offer you a different Service plan with no unlimited usage component. Notwithstanding the foregoing, good2GO mobile reserves the right to deny Service or to deactivate or cancel existing Service to anyone for any reason at any time, in good2GO mobile’s sole discretion.
good2GO mobile may discontinue providing Service to you, discontinue your account, or discontinue providing connections to particular telephone numbers or types of Services used or called by you, that, in the sole judgment of good2GO mobile: (1) appear likely to generate abnormally high call volumes or Data and data usage and/or abnormally long average call lengths or Data and data usage as compared to the usage of other good2GO mobile customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network or the Carrier’s ability to provide Service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to good2GO mobile’s right to terminate your Service under these circumstances. good2GO mobile may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement.
SERVICE AREA MAPS AND COVERAGE MAPS: You will find Service Area Maps and Coverage Maps on our website, at www.USTravelSIM.com/coverage-area. These maps are for general informational purposes only. The coverage maps depict the general coverage area of good2GO mobile. The coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee Service availability, and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower Mobile Web Service and data speeds or no Mobile Web Service or data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if Service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the good2GO mobile coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the good2GO mobile plan you select. good2GO mobile is not responsible for any Service outages, interruptions in Service or decline in the quality of Service regardless of the cause.
International Roaming is strictly prohibited: “Roaming” occurs when a subscriber of one wireless Service provider uses the network facilities of another wireless Service provider. Roaming usually occurs when a subscriber places or receives a call while outside of the network coverage area of their wireless Service provider. good2GO mobile does not offer international roaming Service. You will not be able to make or receive calls on your good2GO mobile phone if you are traveling outside of the United States. Any attempt to place or receive a call on your good2GO mobile phone while traveling outside of the United States could result is Service deactivation and account termination without a refund for unused Service.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT: Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. Some functions and features provided with your phone may not be available on your Service. good2GO mobile does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither We, or any our Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your good2GO mobile outside during a lightning storm. You should also unplug the mobile phone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
LIMITATION OF LIABILITY: Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of good2GO mobile’s control.
Unless prohibited by law, the following limitations of liability apply. 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 a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. good2GO mobile is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. good2GO mobile is not responsible for loss or disclosure of any sensitive information you transmit. good2GO mobile's wireless services are not equivalent to wireline Internet. good2GO mobile is not responsible for nonproprietary services or their effects on devices.
We may, but do not have the obligation to, refuse to transmit any information through the Services and may screen and delete information prior to delivery of that information to you. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS. GOOD2GO MOBILE MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL GOOD2GO MOBILE BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:
1) act or omission of a third party;
2) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Software provided by or through us;
3) damage or injury caused by the use of Services, Software, or Device, including use in a vehicle;
4) claims against you by third parties;
5) damage or injury caused by a suspension or termination of Services or Software by good2GO mobile; or
6) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.
Notwithstanding the foregoing, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed the monthly Service fee. Our liability to you for Service failures is limited solely to the credit set forth above.
Unless prohibited by law, good2GO mobile isn't liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, Software, or Devices provided by or through good2GO mobile, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
To the full extent allowed by law, you hereby release, indemnify, and hold good2GO mobile 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 good2GO mobile or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF good2GO mobile, or any violation by you of this Agreement. This obligation shall survive termination of your Service with good2GO mobile. good2GO mobile is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.
SOME STATES, INCLUDING THE STATE OF KANSAS, DON'T 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.
You acknowledge that good2GO mobile ILD Service is provided “AS IS” and good2GO mobile makes no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the ILD Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the ILD Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, good2GO mobile employees, to make any warranties on our behalf and You should not rely on any such statement. Your use of the good2GO mobile ILD Service is solely at Your risk.
Your good2GO mobile ILD Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of good2GO mobile’s control. good2GO mobile ILD Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. good2GO mobile does not warrant or guarantee availability of good2GO mobile ILD Service at any specific time or in any specific geographic location or that the good2GO mobile ILD Service will be provided without interference or interruption. Neither good2GO mobile, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Not all Services are available for purchase or use in all sales channels, in all areas or with all devices.
LIMITATION OF LIABILITY FOR good2GO mobile wireless Services: IN NO EVENT SHALL GOOD2GO MOBILE, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE GOOD2GO MOBILE WIRELESS SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, EVEN IF GOOD2GO MOBILE OR THEIR RESPECTIVE LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, GOOD2GO MOBILE, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.
EMERGENCY CALLS: If you are in an area where your good2GO mobile phone is searching for a wireless signal or there is no wireless signal or wireless Service, it is highly probable that a call to 911 will not go through. Do not rely solely on your good2GO mobile phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
INDEMNIFICATION: You agree to indemnify and hold harmless good2GO mobile and Ztar Mobile from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of a good2GO mobile phone and/or Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
You agree to safeguard US Travel SIM card and not to allow any unauthorized person to use your US Travel SIM card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your US Travel SIM card. Any violation of the restrictions on the use of your SIM card that are contained in this section may result in the immediate termination of your Service without notice. Ztar Mobile or its Service providers may, from time to time, remotely update or change the encoded information on your SIM card.
In the event of suspension for any other unauthorized usage, You will forfeit unused Service balance on your account and you will not be entitled to receive a refund for your phone or for any unused balance and Service.
Trademarks: The “US Travel SIM”, “good2GO mobile” names and logos and other words, titles, phrases, marks, logos, icons, graphics used by us are our trade-marks or are used by us under license, are protected by law and may not be used, copied, imitated or used in whole or in part without our or our licensors’ prior written consent. These names and logos are trademarks of Ztar Mobile, Inc.
DISPUTE RESOLUTION: You agree that you will first contact us with any dispute and provide a written description of the nature of the dispute, all relevant documents and other information concerning the dispute and your proposed resolution before taking any legal action. If we are unable to reach a resolution of your dispute within 60 days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of law, you will submit the dispute to binding arbitration as set forth in this provision.
BINDING ARBITRATION: PLEASE READ THIS SECTION 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), EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR GOOD2GO MOBILE PHONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF GOOD2GO MOBILE’S AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with good2GO mobile, arising out of 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 preclude good2GO mobile from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your good2GO mobile phone, its software, the Service and/or pin numbers in state or federal court. References to you and good2GO mobile include, where applicable, our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to good2GO mobile by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this agreement. You and good2GO mobile 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 good2GO mobile agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and good2GO mobile in accordance with the WIA Rules, except that good2GO mobile will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. 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 good2GO mobile and you agree otherwise, the location of any arbitration shall be Miami, Florida. Except where prohibited by law, good2GO mobile 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 good2GO mobile 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.
CHOICE OF LAW: These Terms and Conditions shall be construed under the laws of Texas, 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, or where You use or pay for the Services.