REAL MOBILE RESIDENTIAL SERVICES AGREEMENT
The terms of this agreement (the “Agreement”) apply to your use of any of the REAL Mobile services described in Section 1 below and the REAL Mobile Equipment described in Section 7 below (collectively, the “Services”), or other affiliate of REAL Mobile (collectively, “REAL,” “we,” “us,” or “our”) provides the Services.
You accept this Agreement and agree to its terms by activating the Services, using the Services, continuing to use the Services after we provide notice of a change to this Agreement, or otherwise indicating your acceptance of the Services. You may not modify this Agreement by making any typed, handwritten, or other changes.
Note: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 13 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ALL SERVICES. UNLESS YOU HAVE OPTED OUT IN A TIMELY MANNER, THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
TABLE OF CONTENTS:
The following services are covered by this Agreement: REAL Mobile cable television and other video services (“TV”); REAL Mobile Internet services (“Internet”); REAL Mobile digital phone services (“Voice”); and other ancillary services REAL may designate.
The terms of this Agreement do not apply to any other services provided by REAL (such as REAL Mobile Home or REAL Mobile Mobile). This Agreement also does not apply to any REAL-owned or -controlled websites and mobile apps, which are subject to their own terms of service and policies, such as our Web Services Terms of Service (available at https://myrealmobile.com/termsandconditions ).
Tariffs, service guides, and posted policies and procedures may apply to the Services. Additional Service-specific terms may apply to your use of TV, Internet, Voice, or any ancillary service or device. These additional terms are available at https://myrealmobile.com/conditionsofuse . We reserve the right to provide notice of new websites or locations for additional terms. These additional terms are also part of this Agreement. If any additional terms conflict with these terms, the additional terms specific to the particular Service will govern.
o a. You must pay certain charges, fees, and taxes
You agree to pay all amounts due upon demand. You agree to pay any monthly Service charges. We will give you notice of applicable pricing at the time of your order or activation of the Services. If you receive the Services at a promotional rate, our then-current standard pricing will apply to you at the end of the promotional period. You should consult our rate card for then-current standard charges. If you receive the Services under a minimum term agreement, we will charge you the specified price for the Services subject to the minimum term pricing for the duration of the minimum term agreement. All other pricing is subject to change at any time and from time to time.
You agree to pay all other charges associated with the Services. These may include charges for installation and service calls. These may also include fees identified at the time of your order or imposed after you begin receiving Services. You may incur charges for REAL Mobile Equipment (as defined in Section 7 below), purchases or rentals, or ancillary services. You may also incur measured and per-call charges. You can find price information for Voice at https://myrealmobile.com . You agree to pay any applicable taxes and fees. These include applicable federal, state, and local taxes and fees (however designated), fees to recoup governmental or quasi-governmental assessments on us, and cost recovery charges. These include fees for any governmental or public programs in which we participate, such as public, educational, and governmental access, telecom relay services, and programs supporting the 911/E911 system. YOU ARE RESPONSIBLE FOR PAYING ANY SUCH FEES AND TAXES (WHETHER IMPOSED ON YOU OR ON US), INCLUDING THOSE THAT BECOME APPLICABLE RETROACTIVELY.
o b. Third-party charges are your responsibility
In addition to the amounts we charge, you may incur charges from third-party services providers. These third parties may charge you for access to online services, telephone-based services, or other offerings. You are solely responsible for these third-party charges, including any applicable taxes. If we have agreed to provide billing services on behalf of a third party, you agree to make these payments to us. We will not be responsible for any disputes between you and any third party regarding any third-party charges.
o c. Changes to pricing, charges, and fees
Certain pricing, charges, and fees may change at any time and from time to time. In general, we will provide you with notice of any change in our standard prices or fees or new prices or fees. However, if there is a change in governmental or quasi-governmental taxes, fees, or assessments, or in any third-party charges billed through us, we may not provide notice unless required by applicable law.
o d. How we bill you
We generally bill you monthly, in advance, for recurring monthly Service charges, equipment charges, and fees. UPON REQUEST, YOU MUST PAY THE FIRST MONTH’S SERVICE CHARGES, REAL MOBILE EQUIPMENT CHARGES, DEPOSITS, ACTIVATION FEES AND INSTALLATION CHARGES ON OR BEFORE THE DATE THAT WE INSTALL ANY OR ALL OF THE SERVICES. We may bill you for some Services individually after we provide the Services to you. For example, we may bill you for measured and per-call charges, pay-per-view movies or events, interactive television, e-commerce purchases, and other third-party services after you incur these charges.
The Service charges will begin on one of the following dates, whichever occurs first: (i) the day you pick up REAL Mobile Equipment at our service center; (ii) the day you or we install the Services; (iii) the day your order for the Services is entered into our billing system, if REAL Mobile Equipment is not required; or (iv) five (5) days after the date we ship REAL Mobile Equipment to you.
o e. Payment methods
You may pay by credit card, debit card, check, or certain third-party services, and we may change the payment methods we accept from time to time. Certain additional terms may apply depending on your selected payment method. If we do not receive your payment by the due date, you agree to pay any amounts due upon demand, regardless of your selected payment method. If you pay by check, you authorize us to collect your check electronically. You may not make restrictive endorsements (such as “paid in full”) or other statements or releases on or with checks or other payments accepted by us. If you do so, we may disregard the restrictive endorsement or reject the payment.
o f. Our remedies if you pay late or fail to pay
If, for any reason, we do not receive payment for the full amounts billed to you by the due date, you may be billed additional fees, charges, and assessments.
We may accept a partial payment, but we still have the right to collect the full balance. We will apply any partial payment to outstanding charges in amounts and in the order we determine, in our sole discretion.
g. Our fees are not interest or penalties
We expect you to pay amounts due on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or non-payment will be difficult to calculate or predict, and are liquidated damages intended to be a reasonable estimate of our costs resulting from late payments and non-payments.
h. We may charge fees for suspension or disconnection
If you fail to pay the full amount due for any or all charges, we may suspend or disconnect any or all of the Services without reducing fees or charges for the Services, in our sole discretion and subject to applicable law.
i. We may charge fees to reconnect services
If you ask us to resume any Services after a suspension or disconnection, we may charge you additional installation or activation fees. These fees are in addition to all past-due charges and other fees. Reconnection of the Services is subject to this Agreement, and applicable law.
j. We may charge you collection costs
We may use a collection agency or attorney to collect money you owe. If we do so, you agree to pay our reasonable costs of collection, including any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
o k. We have the right to make credit inquiries
YOU AUTHORIZE US TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. We will not discriminate in the application of our credit inquiries and deposit policy on the basis of race, color, sex, creed, religion, nationality, sexual orientation, or marital status. We (or third-party credit bureaus) will conduct risk assessments in accordance with all applicable laws.
o l. Contact us with billing questions or disputes
You may dispute charges on a bill or request billing credits. You must contact us within 120 days of the date on your bill, or you waive any disputes or credits, subject to applicable law and our binding legal obligations.
o m. We may require a refundable deposit
We may require you to pay a refundable deposit when you activate the Services, add Services, or fail to pay any amounts when they are due. Subject to applicable law, your deposit will be credited to your account (without interest) if your account remains in good standing for twelve (12) months. We may refund your deposit sooner if all of the Services are disconnected. We will provide this refund within thirty (30) days of Service disconnection and the return of all REAL Mobile Equipment, or within the timeline set by applicable law. Refund amounts are equal to the credit balance on your account, if any, minus any amounts due on your account. Amounts due on your account may include amounts owed for the Services, including for any REAL Mobile Equipment that is damaged, altered, or subject to an Unreturned Equipment Fee (as defined in Section 7(b) below).
o a. Changes to Services, Rates, and Charges
We reserve the right to change the Services, rates, and charges at any time, with or without notice to you, to the extent permitted by applicable law. For example, we may delete or change content, programming, functionality, features, rate limitations, available speeds, or REAL Mobile Equipment. If we provide notice of such a change, it will be in accordance with Section 4(b), below. If any such change is material and negatively affects your Services, you have the right to cancel your Services; but you accept any such change if you continue to use or receive the Services for more than thirty (30) days after the change.
We may apply a monthly data consumption threshold to REAL Mobile Internet accounts. We retain the right to trial or adopt different data consumption thresholds or other usage plans for the Service at any time. If we do this we will notify you. You can learn about the data plan that applies in your area by going to https://myrealmobile.com/
o b. Changes to this Agreement
We reserve the right to make changes to this Agreement. We may deliver any notice concerning our relationship with you and any change to our relationship, including notice of any change to this Agreement, in any one or more of the following ways (at our discretion): (a) post notice on https://myrealmobile.com/ , your “My Account” page, or another website we identify; (b) send notice by mail or hand delivery to your home or other property where the Services will be provided (the “Premises”); (c) send notice by email to the email address we have on file for your account; (d) include information about the change on or with your bill for the Services; or (e) use any other method of notice reasonably determined by us to result in your receipt of such notice. You agree that any one of these methods is sufficient and effective notice. It is your responsibility to check your postal mail, email, service texts, and postings at https://myrealmobile.com/ your “My Account” page, or another website we identify.
If any material change to our relationship with you, including any material change to this Agreement, negatively affects your Services, you have the right to cancel your Services; but you accept any such change if you continue to use or receive the Services for more than thirty (30) days after such change.
To provide you with the Services, we may need to enter your Premises. We may have our agents enter your Premises on our behalf. You agree that we (or our agents) may enter your Premises at reasonable times to install, configure, maintain, inspect, upgrade, replace, and remove the Services.
You represent and warrant that you own the Premises or have obtained the authority to give us access to the Premises. If you do not own the Premises, you agree to supply the owner’s name, address, and phone number, and evidence that the owner has approved our access, upon request.
o a. You may use your own Customer Equipment
“Customer Equipment” means software, hardware, or services used in connection with the Services that we (or our agents) do not provide or lease. Customer Equipment also includes certain equipment that you purchase from us (or our agents) under an express sale agreement. Customer Equipment does not include REAL Mobile Equipment for which you have paid an Unreturned Equipment Fee (as defined in Section 7(b) below).
You agree that we (or our agents) may access your Customer Equipment in order to configure, maintain, inspect, or upgrade it, set up Services, or install or download software. For example, we may send software, downloads, or updates remotely to modems, gateways, routers, and digital interactive televisions. These updates may change, add, or remove features or functionality of your Customer Equipment or the Services.
You represent and warrant that you own your Customer Equipment or have obtained the authority to give us access to your Customer Equipment. If you do not own your Customer Equipment, you agree to supply the owner’s name, address, and phone number, and evidence that the owner has approved our access, upon request.
o b. You are solely responsible for your Customer Equipment
We may certify certain Customer Equipment or recommend particular configurations. Any other Customer Equipment or configuration may not meet our minimum technical or other specifications (a “Non-Recommended Configuration”). We reserve the right to deny support for the Services, or terminate the Services, if you use a Non-Recommended Configuration. WE AND THE RELEASED ENTITIES (AS DEFINED IN SECTION 10 BELOW) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT NON-RECOMMENDED CONFIGURATIONS, WHICH COULD CAUSE CUSTOMER EQUIPMENT TO FAIL OR OTHERWISE CAUSE DAMAGE. WE AND THE RELEASED ENTITIES ARE NOT LIABLE FOR SUCH FAILURE OR DAMAGE.
o c. You are solely responsible for Inside Wiring
Wiring inside the Premises, including additional cable wiring, telephone wiring, and outlets, is “Inside Wiring.” Inside Wiring must not interfere with the Services or the normal operations of our cable network. Upon your request, we can install, repair, or maintain Inside Wiring. If we perform this work, we will charge you for that service. Regardless of who installed it, the Inside Wiring is your property, or the property of whomever owns the Premises. If you do not own the Premises, contact your landlord or building manager about the installation, repair, or maintenance of Inside Wiring. We have no responsibility for the operation, support, maintenance, or repair of Inside Wiring, except as set forth below.
“REAL Mobile Equipment” means all new or reconditioned equipment that we or our agent provides or leases to you, including, but not limited to, cabling or wiring (except for Inside Wiring, as defined above) and related electronic devices, modems, routers, CableCARDs, and any other hardware and includes all software and programs contained within REAL Mobile Equipment or downloaded to Customer Equipment by us.
o a. We own all REAL Mobile Equipment
You expressly agree that you will use the REAL Mobile Equipment exclusively in connection with the Services. You agree that all REAL Mobile Equipment belongs to us or other third parties and will not be deemed fixtures or in any way part of the Premises. We may remove or change the REAL Mobile Equipment at our discretion at any time the Services are active or following the termination of your Services. You acknowledge that any addition to, removal of, or change to the REAL Mobile Equipment may interrupt your Services. You may not sell, lease, abandon, or give away the REAL Mobile Equipment, or permit any other service provider to use the REAL Mobile Equipment, including REAL Mobile Equipment for which an Unreturned Equipment Fee has been paid. The REAL Mobile Equipment may only be used in the Premises unless expressly permitted by us. At your request, we may relocate the REAL Mobile Equipment for an additional charge. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE REAL MOBILE EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE PREMISES OR OTHERWISE EXPRESSLY AUTHORIZED BY US, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than us or our agents to service the REAL Mobile Equipment. You are responsible for loss, repair, replacement, and other costs, damages, fees, and charges if you do not return the REAL Mobile Equipment to us in an undamaged condition.
o b. You do not own REAL Mobile Equipment, even if you pay an Unreturned Equipment Fee
For avoidance of doubt, REAL Mobile Equipment remains REAL-owned equipment, and REAL retains title to all REAL Mobile Equipment, at all times, including but not limited to after payment of an Unreturned Equipment Fee. “Unreturned Equipment Fee” refers to a fee charged by REAL to a subscriber for any unreturned REAL Mobile Equipment upon termination of the Services provided under this Agreement. The payment of an Unreturned Equipment Fee shall not result in a sale of, or the transfer of title to, any REAL Mobile Equipment, and such REAL Mobile Equipment shall remain the property of REAL, and REAL retains title to REAL Mobile Equipment at all times. REAL in no way relinquishes ownership of (including title to) REAL Mobile Equipment by the payment of an Unreturned Equipment Fee. Even if an Unreturned Equipment Fee has been paid, REAL Mobile Equipment shall not be resold, used, or operated in any manner. If you pay an Unreturned Equipment Fee and subsequently return the REAL Mobile Equipment undamaged (with the exception of normal wear and tear), you will be refunded your Unreturned Equipment Fee in full.
The Services are for personal, residential, non-commercial use only, unless otherwise specifically authorized by us in writing.
We prohibit the following activities:
o Reselling the Services in whole or in part;
o Using the Services, directly or indirectly, for any unlawful purpose or in violation of any applicable policy that we make available to you;
o Using the Services to transmit, communicate, or store any information, data, or material in violation of any law, rule, or regulation;
o Tampering with, making any unauthorized connection to, or modifying any part of our cable network or the Services for any purpose;
o Attaching any unauthorized device to our cable network or the Services; or
o Attaching anything to the Inside Wiring, the REAL Mobile Equipment, or Customer Equipment that impairs the integrity of our cable network, that degrades our cable network’s signal quality or strength, or that creates signal leakage.
You agree not to engage in these or other similar prohibited activities, or help anyone else do so. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Services at your Premises (or any other locations authorized by us). You are solely responsible for ensuring that all other users of the Services understand and comply with this Agreement and any applicable policies. You are liable for all authorized and unauthorized use of the Services. If the REAL Mobile Equipment has been stolen or the Services have been used without your authorization or in violation of this Agreement, you agree to notify us immediately in writing, or by calling 1-888-520-6273 during normal business hours.
If you violate this Agreement, or if you fail to notify us of unauthorized use in a timely manner, we may terminate the Services and recover damages. Since it would be difficult, if not impossible, to precisely calculate our lost revenue from unauthorized Services or tampering, you agree to pay $500.00 per device used to receive unauthorized Services as liquidated damages. These liquidated damages are in addition to our cost to replace any altered, damaged, or unreturned REAL Mobile Equipment, or other equipment owned by us, including any incidental costs. The unauthorized reception of the Services may also result in criminal fines and/or imprisonment, and we reserve the right to report any illegal activities to law enforcement.
In connection with your use of the Services, if you need to access third-party software or hardware, you will be subject to third-party terms and conditions. Certain components of the Services are also subject to our Software License Agreement, available at https://myrealmobile.com/termsandconditions .
We may amend these policies and agreements from time to time, with or without notice to you. You should consult these policies and agreements regularly to comply with the most recent versions. We incorporate these additional policies and agreements (including any amendments) into this Agreement by reference. WE RESERVE THE RIGHT TO LIMIT OR BLOCK ANY SERVICE USAGE AS WE DEEM NECESSARY TO PREVENT HARM TO OUR NETWORK, FRAUD, OR OTHER ABUSE OF THE SERVICES, OR AS OTHERWISE PROVIDED BY LAW.
This Agreement will remain in effect from Service activation until this Agreement is terminated (by us or by you), as described below. This Agreement may also be terminated if it is replaced by a revised agreement.
o a. How you may terminate
If your Services are subject to a minimum term agreement, and you terminate all or any portion of the Services under the minimum term agreement before the end of the minimum term, you may be charged an early termination fee. Review your minimum term agreement for additional details.
If your Services are not subject to a minimum term agreement, you may terminate the Services and this Agreement for any reason at any time. You must notify us that you want to terminate in one of the following ways: (a) mail a written notice to our local business office; (b) send an electronic notice to the email address specified on https://myrealmobile.com/contactus ; (c) provide notice in person at a service center; or (d) call our customer service number during normal business hours. Applicable fees and charges for the Services may accrue until the Services have been disconnected, all REAL Mobile Equipment has been returned, and this Agreement has been terminated, subject to applicable law or the terms of any agreements we have with governmental authorities. At our election, and subject to applicable law, we may change our policy to continue all Services (or any part of them) through the end of the billing cycle in which we received your notice, which means those Services will terminate at the end of the applicable billing cycle. We may refund all prepaid monthly service fees charged for the Services after the effective date of termination, and we reserve the right to subtract from your refund any outstanding amounts due to us for the Services, for any affiliate or third-party services, or for other applicable fees and charges. Certain fees and charges are non-refundable and are also excluded.
o b. How we may terminate or suspend Services
Subject to applicable law, we reserve the right to immediately terminate or suspend the Services without notice for any reason or no reason. We also reserve the right to remove from the Services any information stored or transmitted by or to any users (e.g., email or voicemail). We may take these actions if we reasonably determine that your use of the Services: (a) violates this Agreement, any applicable policies, or any laws, rules, or regulations; (b) interferes with our ability to provide the Services to you or to others; or (c) interferes with or endangers the health or safety of our personnel or third parties, including if you threaten, harass, or use vulgar or inappropriate language toward our personnel. We have discretion in deciding whether and why to terminate or suspend Services. If we continue providing Services, this does not mean we have reviewed or approved any use of the Services, or any information transmitted through the Services.
o c. You have certain obligations upon termination
You must cease all use of the Services as of the effective date of termination. You must pay in full for your use of the Services up to the date that this Agreement is terminated and the Services are disconnected (subject to applicable law).
You must return all REAL Mobile Equipment to us at our local service center or to our designated agent within ten (10) days of the date on which the Services are disconnected. You must return the REAL Mobile Equipment in working order, with the exception of normal wear and tear. If you fail to return the REAL Mobile Equipment, we will charge you an Unreturned Equipment Fee. As the owner of the REAL Mobile Equipment at all times, we have the right to retrieve any equipment you fail to return. We (or our agents) may request access to your Premises to remove all REAL Mobile Equipment and other material provided by us during regular business hours at a mutually agreed upon time.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, OR BUSINESS PARTNERS (OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES) (COLLECTIVELY, THE “RELEASED ENTITIES”) WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED, UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
a. Application The limitations of liability in this Section 11 apply to our acts, omissions, and negligence, and any acts, omissions, or negligence by a Released Entity which, but for the provisions of this Section 11, could give rise to a cause of action in contract, tort, or under any other legal doctrine.
b. Our liability for Customer Equipment is limited YOU UNDERSTAND THAT OPENING, UPDATING, ACCESSING, OR USING CUSTOMER EQUIPMENT IN CONNECTION WITH THE SERVICES MAY VOID WARRANTIES PROVIDED BY THE MANUFACTURER OR OTHER THIRD PARTIES. NEITHER WE NOR ANY OF THE RELEASED ENTITIES WILL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF (A) THE VOIDING OF ANY SUCH WARRANTIES, OR (B) FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT, EXCEPT DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US OR A RELEASED ENTITY WE WILL PAY, AT OUR SOLE DISCRETION, FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS WILL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
c. Our liability for viruses and bugs is limited Software or applications installed on your Customer Equipment, downloaded to your Customer Equipment, or available through the Internet may contain viruses or other harmful features. It is your sole responsibility to take appropriate precautions to protect your Customer Equipment. We may, but are not required to, terminate all or any portion of the Services if a virus or other harmful feature, bug, or software is present on your Customer Equipment and/or causes harm to the Services. We may, in our sole discretion, install or run software to check for viruses and other harmful features, including on your Customer Equipment. We make no representation or warranty that any virus check software will detect, correct, or resolve any or all viruses. You may incur additional charges for any service call related to a virus or other harmful feature detected on your Customer Equipment. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
d. Our liability for certain installations and modifications is limited As part of the installation process for software and other components of the Services, we may need to modify system files on REAL Mobile Equipment or your Customer Equipment. We may make these modifications in connection with installing software or applications, or allowing access to our online portals. We make no representations, warranties, or covenants as to whether these modifications or this software will disrupt the normal operations of the Services or your Customer Equipment, including causing the loss of files. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA RESULTING FROM OUR MODIFICATIONS TO SYSTEM FILES AND/OR INSTALLATION OF SOFTWARE OR OTHER COMPONENTS OF THE SERVICES.
e. Our liability for other services or equipment is limited BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST US AND THE RELEASED ENTITIES FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY WILL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
f. Our liability for disruption of Services is limited The Services are not fail-safe, and are not designed or intended for use in situations that qualify as “High Risk Activities.” High Risk Activities include activities requiring fail-safe performance, or where an error or interruption in the Services could lead to severe injury to businesses, persons, property, or the environment. High Risk Activities also include vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risk of any damages resulting from use of the Services in connection with High Risk Activities.
We will not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our immediate control, including (but not limited to) the following: (a) causes attributable to you, your Customer Equipment, your Premises, your property, or third parties, including our inability to access your Premises or any third-party negligence or willful misconduct; (b) failure of any signal or satellite, loss of use of poles or other utility facilities, or any failure or reduction of power; (c) labor disputes, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, weather conditions, or other acts of God; or (d) any court order, law, act, or order of government restricting or prohibiting the operation or delivery of the Services.
In all other cases of an interruption of the Services, you may request a pro rata credit for any Service interruption exceeding twenty-four (24) consecutive hours after the interruption is reported to us (or another period of time provided by law). You must request a pro rata credit within 120 days of the Service interruption. Unless required by law, your pro rata credit will not exceed your fixed monthly charges for the Services that month. Your pro rata credit will exclude all nonrecurring charges, one-time charges, per-call or measured charges, regulatory fees, and surcharges, taxes, and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, A CREDIT WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICES. Any additional credits, if any, are provided by us at our sole discretion and will not constitute, or be construed as, a course of conduct.
If your Services are interrupted, you may have certain rights depending on where you live.
o For Connecticut residents: In the event of an interruption of TV of more than twenty-four (24) consecutive hours and of which we have received actual notice, a credit will be issued to your TV monthly service charges for the length of time TV was interrupted.
o For Maine residents: In the event TV is interrupted for more than six (6) consecutive hours in a thirty (30) day period, you may request a pro-rata credit or refund by calling 1-800-REAL MOBILE.
o For New York residents: In the event TV is interrupted for at least four (4) hours between 6:00 p.m. and 12:00 a.m., except for emergency notice events, a credit equal to one day will be issued to your TV monthly service charges. If TV is interrupted for less than four (4) hours or outside of the hours of 6:00 p.m. and 12:00 a.m., please call 1-800-REAL MOBILE to request a credit.
g. Our liability for third parties is limited Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide the Services. This may include third-party services, equipment, infrastructure, or content. We are not bound by any undertaking, representation, or warranty made by an agent, or employee of ours, or of our underlying third-party providers and suppliers in connection with the installation, maintenance, or provision of the Services if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. We are not responsible for and have no liability with respect to any services, equipment, infrastructure, and content that are not provided by us, or the performance (or non-performance) of third-party services, equipment, infrastructure, or content, even if they are components of the Services. You should address questions or concerns relating to third-party services, equipment, infrastructure, and content to the corresponding third-party provider. We do not endorse or warrant any third-party services, equipment, infrastructure, or content that are distributed or advertised over the Services.
h. Our liability for damages is limited EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT):
(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH CUSTOMER EQUIPMENT OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, OR DELAYS IN TRANSMISSION); OR
(2) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE SERVICES OR THE CUSTOMER EQUIPMENT BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
i. These are your sole remedies This Agreement sets forth your sole and exclusive remedies. Some of the above limitations on our liability may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, our liability and the liability of any Released Entity is limited to the maximum extent permitted by law.
j. These limitations survive termination All representations, warranties, indemnifications, and limitations of liability contained in this Agreement will survive termination of this Agreement. Any other obligations hereunder will also survive if they relate to the period before termination or if, by their terms, they would be expected to survive termination.
YOU MUST COMMENCE ANY ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENTS OR FACTS. FOR BILLING DISPUTES, YOU MUST NOTIFY US WITHIN 120 DAYS AND MUST COMMENCE AN ACTION WITHIN ONE (1) YEAR OF RECEIVING THE CHARGES.
Any Dispute involving you and us shall be resolved through individual arbitration as described in this Section 13 (the “Arbitration Provision”). In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court.
a. Definitions This Arbitration Provision shall be interpreted broadly. “Dispute” means any and all claims or controversies related to us or our relationship, including, but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims or controversies that arose before this Agreement or any prior agreement; (3) claims or controversies that arise after the expiration or termination of this Agreement; and (4) claims or controversies that are the subject of purported class, collective, or representative action litigation. As used in this Arbitration Provision, “us” and “we” means REAL Cable Communications, LLC and any of its parents, subsidiaries, and other affiliates, each of their respective predecessors, successors, and assigns, and each of their respective officers, directors, employees, and agents; and “you” means you and any users or beneficiaries of the Services.
b. Exclusions NOTWITHSTANDING THE FOREGOING, THE FOLLOWING DISPUTES WILL NOT BE SUBJECT TO ARBITRATION: (i) DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS ARBITRATION PROVISION; (ii) DISPUTES THAT ARISE BETWEEN US AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (iii) DISPUTES THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
c. Right to Opt Out IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH US ARBITRATED BY NOTIFYING US, WITHIN 30 DAYS OF YOUR FIRST SERVICE ACTIVATION, (i) BY VISITING https://myrealmobile.com/contactus , OR (ii) IN WRITING BY MAIL TO: REAL Mobile, 8240 SW 24th St., #5301 North Lauderdale, Florida 33068 ATTN: LEGAL DEPARTMENT/ARBITRATION. ANY SUCH WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME, SERVICE ADDRESS, AND REAL ACCOUNT NUMBER, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE SERVICES PROVIDED BY US. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH RESPECT TO THE ACCOUNT GOVERNED BY THIS AGREEMENT, YOU DO NOT NEED TO DO SO AGAIN. BUT YOU MUST SEPARATELY OPT OUT FOR EACH ACCOUNT UNDER WHICH YOU RECEIVE SERVICES. ANY OPT-OUTS SUBMITTED AFTER THIS 30-DAY PERIOD WILL NOT BE EFFECTIVE AND ALL DISPUTES WITH US WILL BE ARBITRATED.
d. Initiation of Arbitration Proceeding/Selection of Arbitrator Either you or we may initiate an arbitration proceeding by opening a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to: REAL Mobile, 8240 SW 24th St., #5301 North Lauderdale, Florida 33068 ATTN: LEGAL DEPARTMENT/ARBITRATION.
e. Right to Sue in Small Claims Court Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have a Dispute heard in a small claims court in the area where you receive(d) Services from us, if the claim(s) underlying the Dispute is not aggregated with the claim(s) of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
f. Arbitration Procedures Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to the most recent version of its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, you and we shall agree on a substitute arbitration organization. If you and we cannot agree, you and we shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision, as written, applying the AAA Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you receive Services from us. If you no longer receive Services from us when you notify us of your Dispute, then any arbitration hearing will take place at a location convenient to you in the county where you reside when you notify us of your Dispute, provided that we offer Services in that county, or in the area where you received Services from us at the time of the events giving rise to your Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
g. Waiver of Class, Collective, and Representative Actions/Relief THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED (I) ON A CLASS ACTION, COLLECTIVE ACTION, OR OTHER JOINT OR CONSOLIDATED BASIS, OR (II) ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM, AND THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER OF CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
h. Arbitral Fees and Costs If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA Rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be our responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules, and you shall reimburse us for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs. You may only recover your attorneys’ fees and costs in the arbitration if the arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.
i. Survival This Arbitration Provision shall survive the termination of your Services with us.
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND EACH RELEASED ENTITY HARMLESS FROM AND AGAINST ANY DAMAGES, LOSSES, OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICES OR THE CUSTOMER EQUIPMENT; (b) YOUR ACTUAL OR ALLEGED VIOLATION OF APPLICABLE LAW; (c) YOUR FAILURE TO NOTIFY US OF A CHANGE IN OR THE INACCURACY OF THE INFORMATION YOU PROVIDED (INCLUDING, FOR EXAMPLE, CLAIMS UNDER THE TELEPHONE CONSUMER PROTECTION ACT AND RELATED REGULATIONS); AND (d) YOUR BREACH OF THIS AGREEMENT OR ANY APPLICABLE POLICIES. YOUR INDEMNIFICATION OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
All Services, information, documents, materials, firmware, and software we provide are protected by trademark, copyright, patent, and other intellectual property laws and international treaty provisions. You are granted a revocable license to use our firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You have no other license to use firmware or software embedded in or used to provide the Services. You must not take any action nor allow anyone else to take any action that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
All of our and our affiliates’ websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “Marks”) are and will remain our and our affiliates’ exclusive property. Nothing in this Agreement grants you the right or license to use any of the Marks.
You represent and warrant that you are at least 18 years of age and that you have provided us with information that is accurate, complete, and current. For example, you must provide us with your accurate, complete, and current legal name, address (including apartment, unit, suite number, etc., where applicable), telephone number(s), the number of devices on which or through which the Services are being used, and payment information. You must also provide accurate information when authorizing recurring payments. You agree to promptly update your contact information to keep it accurate and complete. YOU ARE RESPONSIBLE FOR MAINTAINING THE ACCURACY OF YOUR INFORMATION, EVEN AFTER TERMINATION OF THIS AGREEMENT, UNTIL YOU PAY ALL AMOUNTS DUE AND RETURN ALL REAL MOBILE EQUIPMENT. FAILURE TO DO SO IS A BREACH OF THIS AGREEMENT. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
You represent and warrant that you will comply with all applicable laws, including export rules.
You agree that REAL or third parties acting on REAL’s behalf may call or text you at any telephone number that you provide to REAL or that REAL issues to you, and may do so for any purpose relating to your account and/or the Services to which you subscribe. You expressly consent to receive such calls and texts and agree that these calls and texts are not unsolicited. You understand and acknowledge that these calls and texts may entail the use of an automatic telephone dialing system and/or artificial or prerecorded messages. If you do not wish to receive these communications, you may visit the Preference Center at https://myrealmobile.com/contactus to manage your communications preferences. You understand and acknowledge that this is the exclusive means of opting out of such communications. You may not opt-out of receiving certain communications pertaining to your account, including but not limited to communications regarding emergencies, fraud or other violations of law, security issues, and harm caused to the network. Message frequency depends on your activity with your Services. Message and/or data rates may apply.
We are not responsible for any information provided by you to third parties including credit/debit card or banking information, and this information is not subject to the privacy provisions of this Agreement or the privacy notice for the Services. You assume all privacy, security, and other risks associated with providing any information, including customer proprietary network equipment or personal information, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.
You may not assign your right to use the Services without our authorization. You may not assign your rights and obligations under this Agreement. We may freely assign this Agreement, any of our rights and obligations, or any debt you owe us, without notifying you.
We may decide not to enforce our rights or exercise a remedy under this Agreement in a specific instance. This will not be a waiver of our rights or remedies. Nothing contained in this Agreement limits our rights and remedies available at law or in equity. If this Agreement terminates, we (and the Released Entities) reserve the right to delete all of your data, files, electronic messages, voicemails, user account names, email addresses, IP addresses, websites, or other information that are stored and/or used with the Services. If you cancel Voice without porting your service or telephone number to another service provider, you will forfeit the telephone number. We and the Released Entities will not be liable for the loss of any data, information, or phone numbers.
This Agreement, any additional terms related to the Services, and any other documents incorporated into this Agreement by reference, form the entire agreement between you and us. No other written or verbal agreements between us have any legal force or effect. If any part of this Agreement is found invalid or unenforceable, that part will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. The remainder of the Agreement will remain in effect. Neither the course of conduct between us, nor trade practice, can modify this Agreement.
If our local office cannot resolve your problem to your satisfaction, you may write to the REAL Mobile, 8240 SW 24th St., #5301 North Lauderdale, Florida 33068, Attention: Executive Customer Relations.
If you experience a problem with your Services, please contact us first and give us an opportunity to resolve your problem.