Such tariffs are hereby incorporated by reference and shall take precedence over any conflicting provision in these Terms. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical, and other conditions. Q LINK Wireless does not warrant or guarantee availability of network or of any services at any specific time or geographic location or that the services will be provided without interruption.
Neither Q LINK Wireless, nor any carrier, shall have any liability for service failures, outages, or limitations of service. In the event Q LINK Wireless determines that it is necessary to interrupt the Services for any reason or there is the potential for a Services interruption due to system maintenance, Q LINK Wireless will use reasonable efforts to notify You prior to the performance of such maintenance and will attempt to schedule such maintenance during non-peak hours.
All reported lost and stolen phones will be permanently deactivated. The replacement Mobile Device will include all your remaining allotted minutes for that month. Any purchased minutes that you may have had on your lost Mobile Device will not be replaced. In the event you lose your replacement phone or it is stolen, you will need to purchase an additional phone. You also agree to cooperate if Q LINK chooses to investigate the matter by providing facts, sworn statements or anything else that would help the investigation. You may terminate the Services within thirty 30 days of receiving such notice.
If You do not terminate the Services within this period, You agree to accept any such changes. Q LINK Wireless makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your Services or your Mobile Devices. Q LINK Wireless cannot promise uninterrupted or error-free service and does not authorize anyone to make any warranties on our behalf. Q LINK Wireless does not guarantee that your communications will be private or secure; such interceptions can occur and Q LINK Wireless shall have no liability in the event that your communications are intercepted.
Q LINK Wireless will make every effort to assist such customer in obtaining a Mobile Device that is in compliance with all applicable laws, rules, and regulations. When wireless devices are used near hearing devices such as hearing aids and cochlear implants , users may detect a buzzing, humming, or whining noise.
Some hearing devices are more immune than others to this interference, and wireless devices also vary in the amount of interference they generate.
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The wireless telephone industry has developed ratings to assist hearing device users in finding wireless devices that may be compatible with their hearing devices. Not all wireless devices have been rated. Wireless devices that are rated will have the rating displayed on their box together with other relevant approval markings. The ratings are not guarantees. Results will vary depending on the user's hearing device and hearing loss.
If your hearing device is vulnerable to interference you may not be able to use a rated wireless device successfully. M-Ratings: Wireless devices rated M3 or M4 meet FCC requirements and are likely to generate less interference to hearing devices than wireless devices that are not labeled. Note that not all hearing devices have telecoils in them. Most phones that are rated T3 also have an M3 rating. Similarly, most phones rated T4 also have an M4 rating.
Hearing devices may also be measured for immunity to this type of interference. Your hearing device manufacturer or hearing health professional may help you find results for your hearing device. The more immune your hearing aid is, the less likely you are to experience interference noise from wireless devices. Occasionally, however, callers may attempt to call in areas where there is no wireless coverage.
If there is no wireless coverage, your call to may not go though and you should dial from the nearest landline phone. Public safety officials advise that when making or other emergency calls, you should always be prepared to provide your location information. Unlike traditional landline phones, depending on a number of factors for example, whether your device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.
In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers.
Even when available, however, E does not always provide accurate location information. If your device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some devices have a safety feature that prevents use of the keypad after dialing — you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls. Data Services offer access to many forms of Data content such as Internet, text, pictures, music, email, or other materials. Some Data content that Subscribers will access may come from third-party websites or services.
Data content from third parties may harm the Mobile Device or its software. Some of this Data content may be: i offensive, indecent, or objectionable; ii unreliable and inaccurate; and iii otherwise unsuitable for minors. If a Subscriber uses their Mobile Device to browse the Internet, their telephone number or other information may be transmitted over the Internet. The Content Charges vary depending on the type of content.
You will be advised of the Content Charges prior to finalizing your purchase. The Data Services you purchase and download may only be used or viewed on the phone for which they were purchased and cannot be transferred to any other device, including a new or replacement Mobile Device. Q LINK Wireless reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice.
Data Services are not available in certain areas. Q LINK Wireless is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, for which you subscribe, are modified, interrupted, discontinued or canceled, you will not receive a refund or credit from Q LINK Wireless for any remaining used or unused subscription time. If you cancel or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the Terms and Conditions of Service set forth herein.
Subject to state law, if You do not report a dispute within sixty 60 days following the date on the applicable invoice, You shall have waived Your right to dispute that invoice. Any disputed amounts resolved in favor of You shall be credited to Your account. Q LINK Wireless may, without the obligation to arbitrate, seek to recover amounts owed to it by You in any court with jurisdiction. Otherwise, any dispute arising out of or relating to these Terms that has not been resolved by the good-faith efforts of the parties see Binding Arbitration below shall be settled only by binding arbitration, which may be initiated by either Party, and conducted in accordance with these Terms.
You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. You agree to pay the full amount reflected on any account statement, even while a dispute is being resolved.
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If a dispute resolution is not reached within 30 days after notice of dispute was given, either Party may commence a binding arbitration proceeding in accordance with the Binding Arbitration provision of these Terms. References to you and Q LINK Wireless include its respective subsidiaries, affiliates, predecessors in interest, successors, assigns, directors, officers, employees, and representatives. All claims and disputes, except those excluded above, will be resolved by binding arbitration.
All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and Q LINK Wireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis. All fees and expenses of arbitration will be paid by the prevailing party. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, i the right to a trial by jury and ii any claims for punitive or exemplary damages.
Neither you nor Q LINK Wireless shall disclose the existence, contents, or results of any arbitration, except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
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This Agreement and any arbitration under this Agreement shall be construed under and apply the laws of Florida, without regard to its choice of law rules and regardless of the cause of action asserted, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside or where you use or pay for the Services.
APP Data Usages. Some Q Link Plans also provide data services. Your use of data services "Data Usage" occurs whenever your phone is connected to the network and is engaged in any data transmission, including but not limited to, i opening or using an internet browser or app in any way, including, but not limited to app installations and updates, ii sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or iii if data access or a data connection is initiated in any other way or for any other purpose.
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For example, apps that provide real-time information and location-based applications connect to our network and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high-speed data provided by the Plan you purchased whenever your Phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not.
The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage.
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For content downloads from the internet or an app store, you may incur a charge for the content you download a "Content Charge" from the provider of the content you have purchased. Unless Q Link is the provider of such content, you agree that Q Link is not responsible for the purchase, download, transfer, installation, use, transmission failure, interruption, or delay, or any web content, app store, or a app you access or purchase.