These Terms and Conditions ("T&Cs") are part of your service agreement with iTalk Global Communications, Inc., including its affiliates, assigns, and agents ("iTalk" "we" "us” or "our") and constitute a contract under which we provide you service under terms and conditions that you accept. Your service agreement with us includes (i) these T&Cs, (ii) any subscriber agreement or transaction materials that you sign or accept, (iii) the service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (iv) any confirmation materials that we may provide to you, and (v) any other supplemental terms and conditions that we provide or otherwise make available to you. The T&Cs for the Service are subject to change. For the most current version, please visit our website at https://www.italkbb.com/us/en/terms-conditions.html.
    Please read these T&Cs carefully. They cover important information about iTalk China SIM services provided to you ("Service"); your phone, handset, device, data card, or other equipment or third party device used with our Service ("Device"); and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your account. These T&Cs include fees for early termination, terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.
    You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you.
    • Acceptance • Dispute Resolution and Arbitration • No Refunds for Pre-Paid Service Plans • Our Rights to Make Changes • Compatible Devices • Third Party Providers • Domestic US Usage • Domestic China Usage • Service Availability • Calls to Emergency Services • Billing • Purchase of the Bundled Products • Master and Sub Accounts • Data Plans • Automatic Renewals of Annual Plans • Early Termination • Taxes, Fees, and Surcharges • Payments, Late Fees • Terminations and Cancellations • Your Right to Dispute Charges • Notices and Customer Communications • Lost or Stolen Devices • Misuse of Service or Device • Our Rights to Limit or End Service • Intellectual Property • Privacy Information • Disclaimer of Warranties • Waivers and Limitations of Liability • Indemnification • Enforceability and Assignment • Choice of Law
  • Acceptance
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  • YOUR AGREEMENT WITH ITALK STARTS WHEN YOU ACCEPT. You represent that you are at least eighteen (18) years old and you are legally authorized to enter into this T&C. You accept your T&C by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) opening the iTalk SIM card package or (e) opening the iTalk SIM card package or failing to activate Service within thirty (30) days after the purchase of your iTalk Service including the SIM card. IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.
  • Dispute Resolution and Arbitration.
  • ITALK AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, Dealers or third party vendors) whenever you also assert claims against us in the same proceeding. iTalk and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
  • Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE WHEN YOU ACTIVATED A NEW LINE OF SERVICE (the "Opt Out Deadline"). You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling 1-877-482-5503. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
  • For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address set forth in Section 19 below. iTalk and you each agree to negotiate your claim in good faith. If iTalk and you are unable to resolve the claim within sixty (60) days after iTalk receives your claim description, you may pursue your claim in arbitration. iTalk and you each agree that if you fail to timely pay amounts due, iTalk may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the T&C.
  • If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent to begin arbitration. The American Arbitration Association ("AAA") will arbitrate all disputes. For claims of less than Seventy-five Thousand Dollars ($75,000.00), the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, iTalk and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-five Thousand Dollars ($75,000.00). For claims that total more than Seventy-five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.
  • CLASS ACTION WAIVER. ITALK AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against iTalk.
  • JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, ITALK AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
  • No Refunds for Pre-Paid Service Plans
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  • You may cancel any pre-paid Service plan that you purchase from us at any time; provided that you will not receive any refund of amounts paid to us in connection with such Service plan for any service periods up to and including the service period in which you cancel the Service.
  • Our Rights to Make Changes
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  • This provision is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE T&C AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES WHEN WE SEND THEM TO YOU OR POST THEM ON OUR INTERNET WEBSITE.
  • Compatible Devices
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  • Compatible Devices. You must use a supported, compatible Device to access the iTalk network. Failure to use a supported, compatible Device when accessing our Network will result in termination of your Service.
  • Third Party Providers.
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  • Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. In the event that your mobile service is provided by an affiliated company of iTalk ("iTalk Mobile Services"), you may access certain features at no extra costs. The China SIM Service is not designed to replace or interfere with your current mobile telephone service. For the avoidance of doubt in using any such Provider service you will still be bound by the T&C to the extent they are applicable. ITALKBB DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.
  • Domestic US Usage.
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  • When you are in the US, to access all the Service benefits available to you, you must have the latest version of the iTalkBB App properly installed. iTalk China SIM Services together with the activated iTalkBB App enable you to RECEIVE and REPLY inbound messages through Wi-Fi and data. However, no outbound messages can be originated from your China phone number. Inbound calls will be automatically forwarded to your mobile device through iTalkBB App. iTalkBB App allows you to make an outbound call to China. Toll charges may be applicable for the inbound and outbound calls made though the iTalkBB App. It is within your discretion to use Wi-Fi, data or minutes for inbound and outbound calls made through iTalkBB App. You may use Wi-Fi or data to RECEIVE or REPLY messages. You are advised that you will be liable for the charges by your Provider for all data and airtime usage. China SIM Services is not a replacement for your ordinary telephone service or mobile service when you are in the US.
  • Domestic China Usage.
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  • iTalk China SIM Services enable you to use wireless services including calling minutes, messages and data service with a compatible mobile device in Mainland China. When you have a China SIM card properly placed in a compatible device, the China SIM card is automatically activated when you enter China. You agree and acknowledge that you will be charged for data usage, messages and calling minutes on a pay-per-use basis unless you maintain an eligible travel plan ("Travel Plan"). A certain amount of data, messages and calling minutes are allotted to you based on the Travel Plan you selected. You are responsible for monitoring your usage to avoid additional overage charges. You may contact the customer service number 1-855-482-5566to find out your current usage. However, the usage we inform you may be less than your most current usage. Exceeding the data, message or calling minute limitations, you will be charged at overage rate. For available Travel Plans, pay-per-use rate, overage rate and additional details, visit mobile.italkbb.com.
  • Service Availability.
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  • Actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.
  • Calls to Emergency Services.
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  • Neither your phone number nor your location will be reported to an emergency operator. When making an emergency call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. In the event that you are in China and you have the China SIM card properly inserted in your mobile device, you may dial local emergency numbers such as 110, 120, 122 and 119 to make an emergency call. iTalk is not responsible for failures to connect or complete emergency calls or if inaccurate location information is provided. Emergency service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of an emergency call, including Global Positioning Satellites, our network supplier's wireless network, or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting an emergency call and neither iTalk nor its network supplier determines the public safety agency to which your emergency call is routed.
  • Billing.
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  • Charges: You agree to pay all Charges we bill you or that were accepted or processed through your Device. You agree to provide us with accurate and complete billing information and to report all changes within thirty (30) days of the change. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as voicemail, conference calling, and multi-party messaging). Most usage and Charges incurred during a billing cycle will be included in your bill for that cycle. Some usage and Charges may be delayed to a later billing cycle, which may cause you to exceed service plan allotments in a later billing cycle. Unused service plan allotments including data, calling minutes and messages expire at the end of your billing cycle. Airtime usage applies to all calls processed through your Device, including toll-free, operator-assisted, voice mail, call forwarding and calling card calls. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, messaging, Internet access and applications.
  • Data Usage and Messaging: Data usage is rounded up to the next full-kilobyte increment at the end of each data session. At the end of your billing cycle, or at the time you switch data plans, your total kilobytes are then rounded up to the next megabyte. There are 1,024 kilobytes in one megabyte, and 1,024 megabytes in one gigabyte. You will be charged for text, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.
    • Purchase of the Bundled Products
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    • If Customer purchases iTalkBB China SIM Services and one or more other iTalk products/services (or products/services sold by iTalk) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.
    • For all products/services in a Bundled Purchase, the Trial Period, if applicable, will commence on the Activation Date for the Bundled Purchase as described in the immediately preceding paragraph.
      • Master and Sub Accounts
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      • When a Customer purchases any iTalk product/service (or product/service sold by iTalk), a Master Account will be established for that Customer. If the Customer purchases additional iTalk products/services a Sub Account will be established for each separate products/services.
      • Data Plans.
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      • Data Usage Level in China: iTalk has set a high-speed data usage level ("Usage Level") for each of its customers. Such Usage Level varies based on the service plan you have selected, we measure your upload and download data usage ("Actual Usage") to determine if your total Actual Usage, as aggregated over your service period ("Usage Total"), exceeds the Usage Level for the service plan you selected. Please note that "Actual Usage" includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded. For example, if you request that an image be downloaded to your Device, but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. You agree that you will be liable for any data usage exceeding the data allotment provided to you. Please be aware that your Usage Level is much more likely to exceed your service plan Usage Level if you use peer-to-peer file sharing programs, a webcam, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.
      • Protective Measures: To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, iTalk and its underlying providers take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your data plan in a manner that could interfere with other customers' service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan per the request of our service provider. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device.
      • Downloadable Content and Applications: Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, "Content & Apps") that you can purchase with your Device are not sold by iTalk. iTalk is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. iTalk is not responsible for any third party content, advertisements, or websites you may be able to access using your Device. Use of Information. Please refer to iTalk's Privacy Policy, as well as the Content & Apps creator/owner's privacy policy for information regarding their use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps. No Roaming. Roaming is not available for your usage within or outside of China.
      • Automatic Renewal of Annual Plans.
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      • Unless otherwise specified in your plan, you have a one (1) year contract plan ("Annual Plan"). On or about the anniversary date of any Annual Plan, the plan will be automatically renewed for an additional one year term by charging your credit card of record, unless not less than thirty (30) days prior to the anniversary date, you provides iTalkBB notice to cancel service or change to a different plan by contacting the customer service number 1-855-482-5566.
      • Early Termination
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      • For contract plans, if Customer terminates the Service within contract term after the activation, iTalk shall charge an Early Termination Fee to Customer's credit card in the amount of $49.99. If a promotional or plan benefit (such as free months or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping iTalkBB service for a specific length of time, then, unless otherwise specified in the offer you received, the specified period begins on the order date. If you terminate your service before that period of time expires, you will be invoiced for the amount equals to the promotion or benefits you enjoyed.
      • Taxes, Fees, and Surcharges.
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      • Taxes and Fees: You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to taxes and fees. To determine taxes and fees, we will use the street address you identified as your Place of Primary Use ("PPU"). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.
      • Surcharges: You agree to pay all surcharges. Surcharges are not mandated by law, they are iTalk Charges that are collected and retained by iTalk. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to, charges, costs, fees and certain taxes iTalk incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related surcharges (such as, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge.
      • Payments, Late Fees
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      • If we do not receive payment in full by the due date on your bill, your account will be suspended and you may be charged a late fee of the greater of one and one-half percent (1.5%) per month (eighteen percent (18%) annually) or Five Dollars ($5.00) per month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.
      • Terminations and Cancellations.
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      • Your Term of Service and Early Termination Fees: If you terminate your Service, your termination will be effective at the end of your current billing cycle, and you will remain responsible for all fees, applicable Early Termination Fees and Charges for Service and usage through the end of that billing cycle. If we terminate your Service for violating this T&C, we will determine the date of termination, and you will be responsible for all usage and Charges through the end of your billing cycle.
      • Changes to Your Service: You may be eligible for certain promotions and discounts for having other services provided by iTalk or its affiliated company (such as iTalk Mobile services, iTalkBB Home Phone services, and iTalkBB Chinese TV services). If you cancel any of the other iTalk services which qualified you for the discounts, you will no longer be eligible for any promotional price. For specific information about changing your service plan, please visit our website at mobile.italkbb.com.
      • Third-Party Service Provider Billing: Your Device can be used to purchase services and products from third-party providers (e.g., games, apps, ringtones, etc.) and Charges for these purchases may be included on your iTalk bill, or they may be billed to you directly by a third party.
      • Credit Checks: You authorize us to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You authorize us to report your payment record to credit-reporting agencies.
      • Cancellation: IN THE EVENT WE CHANGE ANY OF THE TERMS OF THE AGREEMENT, YOU MAY CANCEL THE AFFECTED LINE OF SERVICE IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST THIRTY (30) DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN FOURTEEN (14) DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.
      • Your Right to Dispute Charges.
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      • Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved.
      • Notices and Customer Communications.
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      • You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address you provide to us or that we provide to you. You agree that iTalk may contact you in any way, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. Notices from us to you are considered delivered when we send them to your Device by text message or otherwise, or by email or fax to any email or fax number you provided to us, or three (3) days after mailing to your billing address. You may contact our customer service department at support@italkbb.com or by 1-855-482-5566. Our address is 7926 Jones Branch Drive, Ste 1100, McLean VA 22102.
      • Lost or Stolen Devices.
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      • You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your service plan Charges, and applicable taxes, fees and surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable taxes and fees. We may prevent a lost or stolen Device from registering on any network.
      • Misuse of Service or Device.
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      • By activating or renewing Service with iTalk, you agree that you do so because you want Service from iTalk and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or "denial of service" attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (e) using the Service in connection with server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, "bots" or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (f) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, iTalk's or another entity's network or systems; (g) running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions (e.g., using a service plan for web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (h) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms iTalk, which cannot be fully redressed by money damages, and that iTalk shall be entitled to immediate injunctive relief in addition to all other remedies available.
      • Our Rights to Limit or End Service
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      • WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the T&C; (b) incurs Charges greater than any billing or credit limitation on your account (even if we have not yet billed the Charges); (c) provides inaccurate information or credit information we cannot verify; (d) lives in an area where we do not provide Service; (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service as described in Section 21 above; (h) uses your Service in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions, in our sole discretion and without notice. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.
      • Intellectual Property.
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      • You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of iTalk or any third party. Except for a limited license to use the Services, your purchase of Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of iTalk or others related to the Services; this intellectual property may be used only with iTalk Service unless expressly authorized by iTalk. You agree that a violation of this section harms iTalk, which cannot be fully redressed by money damages, and that iTalk shall be entitled to immediate injunctive relief in addition to all other remedies available.
      • Privacy Information.
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      • Our Privacy Policy governs how we collect and use information related to your use of our Service ("Privacy Policy") and is available online at https://www.italkbb.com/us/en/terms-conditions.html. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our supplier's network servers. You acknowledge and agree that we may provide your personal information to third party service providers to continuously provide you with the Service.
      • Disclaimer of Warranties
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      • EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.
      • Waivers and Limitations of Liability.
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      • EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.
      • Indemnification.
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      • You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys' fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the T&C, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.
      • Enforceability and Assignment.
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      • A waiver of any part of the T&C in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the T&C, we may still require strict compliance in the future. Except as provided in the Dispute Resolution and Arbitration Section, if any part of the T&C is held invalid that part may be severed from the T&C. You cannot assign the T&C or any of your rights or duties under it without our written consent. We may assign all or part of the T&C or your debts to us without notice. The T&C is the entire agreement between iTalk and you and defines all of the rights you have with respect to your Service or iTalk Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; iTalk is not a party to that agreement. Any determination made by us pursuant to this T&C, shall be in our sole reasonable discretion.
      • Choice of Law.
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      • This T&C is governed by the Federal Arbitration Act, applicable federal law, and the laws of Texas, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state in which your billing address in our records is located, but not outside the U.S. If any provision of the T&C is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
      • Updated: April 30, 2020
      • © iTalk Global Communications, Inc., 2020