- Agreement and Provision of Service
This Agreement (the “Agreement”) contains the Terms and Conditions of Service (the “Terms”) with Cleveland Unlimited, Inc., doing business as Revol Wireless and formerly known as Northcoast PCS (hereinafter “Company”, “us”, “we”, “our”, or “Revol Wireless”), for wireless communications services in your service area (“Service”) provided to you by Revol Wireless, any of its subsidiaries, affiliates, and/or any successor in interest thereto. This Agreement is between you (the purchaser of the Service) and us. These Terms replace and supersede all previous versions of the Terms and/or the Agreement.
IMPORTANT: WHEN YOU START SERVICE, PLACE ANY CALL ON OUR WIRELESS SYSTEM OR USE DATA SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY APPLICABLE LAW AND TARIFF. IN ADDITION, EACH TIME YOU PAY FOR SERVICE FROM US, YOU CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DISAGREE WITH ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, YOU DO NOT HAVE TO ACCEPT THE AGREEMENT. IF YOU DO NOT WANT TO ACCEPT THIS AGREEMENT, DO NOT START SERVICE OR PLACE ANY CALLS ON OUR WIRELESS SYSTEM AND RETURN YOUR PHONE, UNUSED AND WITH THE ORIGINAL RECEIPT AND ALL PACKAGING AND ACCESSORIES, TO THE STORE OR DEALER WHERE PURCHASED WITHIN THE RETURN PERIOD OTHERWISE PROVIDED FOR IN THIS AGREEMENT. REVOL WIRELESS MAY DENY A REQUEST FOR THE PROVISION OR CONTINUATION OF SERVICE FOR ANY LAWFUL REASON, REGARDLESS OF WHETHER YOU HAVE PURCHASED A PHONE OR ANY OTHER EQUIPMENT FROM US.
- Use of Services; Availability
REVOL WIRELESS RESERVES THE RIGHT TO MANAGE THE REVOL WIRELESS NETWORK AND NETWORK TRAFFIC FOR THE OPTIMAL BENEFIT OF ALL REVOL WIRELESS CUSTOMERS. Service is generally available within the operating range of the Revol Wireless network in your service area. Any representation by Revol Wireless and its agents, employees, or representatives with respect to the coverage area of the Revol Wireless network (whether in print, via electronic media, orally, or otherwise) is intended only as an approximation of Revol Wireless coverage in your service area. No such approximation shall be construed as a representation that Service will be available without interruption throughout the area that Revol Wireless has been licensed to serve by the Federal Communications Commission. Coverage and quality can be affected by atmospheric, geographic, topographic, structural and other conditions including call volume. IN ADDITION, AS A RESULT OF NETWORK CAPACITY, THERE MAY BE PERIODS OF TIME DURING WHICH ACCESS TO THE NETWORK IS CONSTRAINED. We may request that you provide us with any information we reasonably require in order for Revol Wireless to manage the Service or to determine whether you qualify for Service and are using the Service according to these Terms.
- Changes to Agreement
We may change the Agreement, including any Terms hereof, and any applicable tariff at any time. Any changes to the Agreement or Terms will be effective when we post a revised version of this Agreement on our website at www.revol.com. Increases or decreases in state and federal taxes, Universal Service Fees and other government assessments, fees and surcharges that we include on your bill are not considered a rate change by Revol Wireless. Changes to a tariff will be effective as provided in the tariff. If you do not want to accept the changes, you may terminate Service (subject to the provisions for termination of service in this Agreement). If you use our Service (“use” includes keeping the right to access our wireless network by not terminating Service) on or after the effective date of the changes, or make any payment to us on or after the effective date of the changes, you have accepted the changes. You may not modify the Agreement.
We have a duty under law to protect the confidentiality of information about the quantity, technical configuration, type, destination, and amount of your use of our service. (This doesn't include your name, address, and wireless phone number.) Except as provided in this Agreement, we won't intentionally share personal information about you without your permission. WE MAY USE AND SHARE INFORMATION ABOUT YOU AND HOW YOU USE THE SERVICES: (A) SO WE CAN PROVIDE OUR GOODS OR SERVICES; (B) SO OTHERS CAN PROVIDE GOODS OR SERVICES TO US, OR TO YOU ON OUR BEHALF; (C) SO WE OR OUR AFFILIATES CAN COMMUNICATE WITH YOU ABOUT GOODS OR SERVICES THAT ANY OF US OFFER (ALTHOUGH YOU CAN CALL US ANY TIME IF YOU DON'T WANT US TO DO THIS); (D) TO PROTECT OURSELVES; OR (E) AS REQUIRED BY LAW, LEGAL PROCESS, OR EXIGENT CIRCUMSTANCES. IN ADDITION, WE MAY INCLUDE OUR OWN OR THIRD-PARTY ADVERTISING IN THE SERVICES YOU'VE PURCHASED FROM US, AND WE MAY SHARE INFORMATION ABOUT YOU WITH AFFILIATES, VENDORS AND THIRD PARTIES TO, IN ADDITION TO THE ABOVE REASONS, DELIVER RELEVANT ADVERTISING TO YOU WHILE USING THE SERVICES. WE MAY COLLECT AND TRANSMIT INFORMATION REGARDING YOUR USE OF THE SERVICES THROUGH APPLICATIONS OR OTHER SOFTWARE PRESENT ON YOUR DEVICE. IF YOU DO NOT WANT US TO COLLECT, TRANSMIT OR USE SUCH INFORMATION ABOUT YOU FOR THE ABOVE PURPOSES, YOU SHOULD NOT USE THE SERVICES; BY USING THE SERVICES, YOU EXPRESSLY AUTHORIZE US TO USE YOUR INFORMATION FOR THESE PURPOSES. It's illegal for unauthorized people to intercept your calls, but such interceptions can occur. For training or quality assurance, we may also monitor or record our calls with you. We encourage you to learn about our privacy practices and to regularly check the official website for updates.
- Customer Requests for Call Records
Revol Wireless offers unlimited voice and/or text/picture-messaging/data service for a flat monthly rate, and therefore detailed call records are not provided to our customers without a specific request by the customer. You may request information relating to the calls you have made on our system on your phone, which request must be made in person at any Revol Wireless full service center. (For information on the location of Revol Wireless full service centers, visit us at www.revol.com or call us at 1.800.REVOLHQ.) Appropriate information and identification must be presented by you to the Revol Wireless representative confirming your identity as the customer. In addition, appropriate documentation must be filled out by you at the retail location, including information relating to your identity and the specifics of your request. Revol Wireless may charge a fee for the retrieval, copying and transmission of your detailed call records. The amount of this fee will be determined at Revol Wireless’ sole discretion, and may be changed from time to time.
- Account Activity and Information Verification
(a) This Agreement shall be contingent upon our verification and approval of certain information about you, including billing information; we reserve the right to deny or limit the provision of Service on the basis of any information that we gather. We may require that you provide us with additional or updated information we reasonably need to determine if you qualify for Service, to manage the Service, or to determine if you are using the Service in accordance with this Agreement. If you do not provide us the information we request within the time period that we specify, we may choose not to start Service to you, or, if you are an existing customer, we may suspend or terminate Service to you. You warrant and represent that all information furnished to us by you is current, complete, accurate and true as of the time you provide it, and you will update it as necessary to keep it complete, accurate, and true. At any time, we may take any action that we believe necessary to verify or review your account activity or information you provide to us, including: (1) verification of your billing or account information, (2) review of your use of Services and of your account to help assess the Services we provide and the performance of our systems, and (3) investigation of suspected prohibited use.
(b) We reserve the right to use this information or any information provided by you for purposes of determining compliance with these Terms. We may ask for valid photo identification at the time you establish an account. If no valid photo identification is available, we reserve the right to refuse to offer you service.
(c) You authorize us to share credit information about you with credit reporting agencies, and to share information we gather about you as may be permitted by law, including providing such information to third parties retained by Revol Wireless to collect amounts that you owe Revol Wireless. We reserve the right to use information we gather about you and information provided by you for purposes of determining compliance with this Agreement.
(d) In an effort to prevent fraud and identity theft, Revol Wireless may contact you after you activate your Revol Wireless service to verify your identity and certain personal information. If you are unable to verify your identity or provide such information, you may be asked to go to a Revol Wireless retail store within a specified period of time to provide information and to verify your identity. Your failure to do so may result in the interruption or termination of your Revol Wireless service, which may subject you to charges and/or penalties.
(e) If you are an employer providing the Service to your employees, you agree to notify those employees that their use of the Service is subject to these Terms and Conditions. If you are receiving Service under a Calling Plan through your employer, you authorize us to share any and all account, content and usage information with your employer.
YOU AGREE TO INDEMNIFY US, OUR EMPLOYEES AND AGENTS FOR ANY CLAIMS BY THIRD PARTIES, THOSE YOU ALLOW TO USE THE PHONE OR SERVICES, AND OTHERS, MADE AGAINST US ARISING OUT OF OR RELATED TO YOUR OR THEIR USE OF YOUR WIRELESS PHONE OR YOUR OR THEIR USE OF THE SERVICES WITH YOUR PHONE. .
- Service Plan
We will determine which Calling Plan(s) and Service (if any) will be offered to you (“Calling Plan(s)”). We may offer non-identical Calling Plan(s) and Service to different individuals or entities. Calling Plans may also vary by geographic region. The Calling Plan you select will govern the charges that you incur for Service and will be your Calling Plan until that Calling Plan is modified, you switch to a different Calling Plan (if other Calling Plan(s) are offered to you), or your Service is terminated. Revol Wireless reserves the right to periodically review customer usage to identify actual or suspected fraud or abusive behavior and to take appropriate action that could include possible suspension or termination of service. The Calling Plan offered to you may require that you make a prepayment, or a series of deposits or prepayments before Service will be activated. If we make more than one Calling Plan available to you, you may change to another Calling Plan by notifying us, provided we determine that you meet the requirements for that Plan, if any. Should you terminate, modify, or change your Revol Wireless Service, Calling Plan, and/or any calling or optional feature for any reason during any monthly service period, you will not be entitled to any: (1) refund of amounts paid for such service period, or (2) discount or pro-rate reduction of amounts owed for such service period.
- Prohibited Use
You must comply with all laws and regulations while using the Service. The Service may not be used for the purpose of telemarketing, advertising, monitoring, commercial research or commercial data collection, group voice chat rooms, entertainment lines and may not be used for any unlawful, fraudulent, illegal or abusive purpose, or in a manner that interferes with, or is detrimental to, the operations of the Revol Wireless network. Radio channels may not be occupied or used to create a functional substitute for a dedicated circuit. The Service may be used only for voice communications and, with the limited exception of short messaging services or other Services expressly approved by Revol Wireless, may not be used to transmit data. The unauthorized resale of the Service, phones or other equipment is strictly prohibited. By requesting Service, you represent that you will not use the Service for any purpose that contradicts the terms of this Agreement.
- Safe Usage
Subject to the terms and conditions set forth herein, you are responsible for the manner in which you choose to use the Service and any and all equipment, including but not limited to your telephone and all accessories. Revol Wireless recommends that you ALWAYS USE EXTREME CAUTION when using the Service, your phone and any and all accessories and become familiar with all of their features. Always take care to use the Service, your phone, and any and all other equipment in a manner that does not compromise the safety of you or others around you. Be aware of, and fully comply with, all of the laws and regulations of the jurisdiction(s) in which you are using the Service.
(a) (a) You are responsible to pay all charges for Service, including the following: (1) recurring monthly access charges (2) optional Service features or feature bundles selected by you and for which separate charges apply, including directory assistance and other optional services (411) calls; (3) charges for adding multiple phones to the same account, if such charges apply; (4) any Service activation or membership fees, late fees, reinstatement, reconnection, administrative, termination or other charges that may apply; (5) all third-party charges that you have authorized; (6) all applicable taxes; and (7) regulatory charges, including regulatory charges imposed in connection with Revol Wireless’ provision of the Service(s). You are responsible for all charges to your account, whether or not you were the user of the wireless phone.
(b) If you activate a new phone on your account to replace a phone previously on the account or if you activate an account with equipment not provided by Revol or an authorized Revol Wireless dealer, we may charge you a phone replacement or programming fee in connection with the activation of the new phone. Except in accordance with a Revol Customer Unlocking And Flashing Agreement duly executed by you, we will not activate non-Revol phones.
- Billing and Payment
Service charges, except for certain optional services, and directory assistance charges, will be billed in advance and are due before the first day of the monthly service period. The monthly service period can be found on your bill. Billing cycles are approximately 30 days in length. Billing cycles, monthly service periods and other dates may change from time to time. We will provide you with your bill information through Internet access to the Revol Wireless website, SMS messages to your Revol Wireless phone or other methods as an alternative to a paper bill delivered in the mail. You have the option of requesting a paper bill in the mail and we will impose a fee for the delivery of a paper bill to you. As more particularly described below, optional services, including ringtones, graphics, and directory assistance, are purchased separately. IN THE EVENT THAT SERVICE IS TERMINATED, MODIFIED, OR CHANGED, NO SERVICE CHARGE PAYMENTS OR FUND BALANCES IN YOUR REVOL WIRELESS PREPAID ACCOUNT WILL BE REFUNDED TO YOU. You may authorize payment by credit card. If you authorize continuing payment by credit card, no additional notice or consent will be required before billing that credit card for Service each month. Alternatively, payments may be made with cash, check or money order in person at any Revol Wireless authorized payment center for a store processing fee. We reserve the right to require that payment be made with cash, certified check, cashier’s check or money order. If we have to take actions beyond billing you for charges in order to receive payment, you will be required to pay our reasonable costs and expenses of collection. Such costs and expenses will include, but not be limited to, attorneys’ fees and expenses, the fees of any collection agency and court costs. You must promptly notify us of any change in your billing address or the credit card used for payment. Payment will be considered past due if payment is not received before the first day of the monthly service period for which the payment is due. In the event that Revol Wireless acts as a billing agent for any third-party service provider, payments received will first be allocated to sums due and owing to Revol Wireless. Any remaining amounts will be allocated to sums due and owing to such third-party service providers..
- Revol Bucks
If you want to use optional Revol Wireless services and/or features that are not included in your calling plan but which are available in your area, you must pay for such services and/or features in advance by paying money into your Revol Bucks account, which has been established specifically for this purpose. The calling plan to which you subscribe will determine whether or not you can make use of, and if so, whether you must pay extra for, various types of long distance, directory assistance, and other optional features (such as ringtone downloads). The most up-to-date explanation of our available calling plans is available on our website. You should consult your calling plan to determine which services and features are included, and which services and features may be available for an additional charge. Funds paid into your Revol Bucks account cannot be applied to monthly access, taxes, or fees. You may make advance payments into your Revol Bucks account in increments established by us from time to time, up to any maximum account balance that we may establish.
The balance in your Revol Bucks account is non-refundable. If you or Revol Wireless terminate your Revol Wireless monthly Service for any reason, any remaining balance in your Revol Bucks account will be forfeited and will not be refunded to you. As long as you continue to subscribe to the Service, any amounts you paid into your Revol Bucks account to purchase such Services or features will be carried over from month to month, EXCEPT THAT IF THERE IS NO ACTIVITY IN THAT ACCOUNT FOR ANY CONSECUTIVE 12-MONTH PERIOD, ANY FUNDS YOU HAVE PAID INTO THAT ACCOUNT WILL BE FORFEITED AND WILL NOT BE CARRIED OVER OR REFUNDED TO YOU.
- SMS — Text Messaging
(a) Revol Wireless offers a short messaging Service (“text messaging” or “SMS”), which allows subscribers to send messages to some other subscribers, both on and off the Revol Wireless network. The content of all messages sent or received through the SMS service (“Content”) is the sole responsibility of the person sending the message. Since Revol Wireless does not control the Content of messages sent to you by others, you may be exposed to messages that are offensive, indecent, or objectionable. You agree that you will not hold Revol Wireless and/or our officers, directors, employees, agents or affiliates liable in any way for any message Content created or sent by others, including any messages that contain errors or omissions. You further consent to receiving advertising, alerts and other broadcast messages from us or our authorized agents.
(b) As a subscriber to Revol Wireless’ SMS Service or if you send SMS messages to Revol Wireless customers via the internet or other means, you agree that you will not transmit or knowingly accept any communication or data that would violate any laws, court order or regulation, or would be offensive to the recipient. You further agree that you will not to use Revol Wireless’ SMS service to (1) transmit or accept any material that contains a software virus or any other computer program designed to interfere with any other computer software or hardware or telecommunications equipment or any data transmission not authorized by Revol Wireless, (2) impersonate any other person, including but not limited to, a Revol Wireless employee or agent, or otherwise act in a manner that negatively affects other participants, (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via SMS, (4) collect or store personal data about other users; (5) spam, post or transmit any solicited or unsolicited advertising, promotional materials, or any other forms of solicitation; or (6) spam, post or transmit unsolicited messages or materials which contain offensive, sexually explicit or profane content or language to recipients, including large numbers of recipients you do not personally know. In addition, you agree to bear all risks associated with the use of SMS and any Content, including any risks relating to your reliance on the accuracy, completeness, timeliness or usefulness of such Content
(c) You agree that Revol Wireless may remove or block any Content that Revol Wireless believes violates this Agreement or applicable law or is otherwise objectionable.
(d) You agree that Revol Wireless may terminate your Service, may preserve Content, and may disclose Content if required to do so by law or in the good faith belief that such termination, preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any Content violates the rights of third parties; (4) protect the rights, property, or personal safety of Revol, its employees, users and the public, or (5) further any other lawful purpose. You also agree that you will cooperate with Revol Wireless in (i) investigating any complaints lodged by third parties for Content sent by you and (ii) ensuring compliance with this Agreement
(e)The technical processing and transmission of the SMS Service, including your Content, may involve transmissions over various networks not operated or controlled by Revol Wireless. Revol Wireless may change the Content to meet the technical requirements of connecting networks or devices. Revol Wireless cannot guarantee that your intended recipient is the only party that will receive the Content or that you will receive timely confirmations of the Content you send. In addition, Revol Wireless cannot guarantee that messages you send or that are sent to you will be received in a timely manner, or that your messages will be received at all.
- Data Plans and Usage
(a) Our data Services and your device may allow you to access the internet, text, pictures, video, games, graphics, music, email, applications, sound, and other materials ("Data Content") or send Data Content elsewhere. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your device, and availability of downloadable or streaming content is subject to change, and not under the control of Revol. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you monitor data usage by children/minors. Data Content from third parties may also harm your device or its software. We are not responsible for any Data Content, and we reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects our network performance. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your device, or that you request that our representatives access or load on your device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a device, transmitted over our networks, or stored by Revol may be deleted, modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you, and you may not receive a refund for any unused portion of the Data Content.
(b) Speeds quoted by Revol for data Services are a comparison between 1x and EvDO Rev. A maximum data rates from TIA-856. EVDO data speeds are up to 20 times faster than 1x data speeds according to TIA-856. However, notwithstanding the foregoing, Revol makes no guarantee or warranty as to any data rate, which rates may vary at any time, or that data services will perform in any particular manner or be available at any given time.
(c) Data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous
(c) Data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or online gaming. Data Services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either Revol's wireless Services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; or (vi) for any other reason that, in our sole discretion violates our policy of providing service for individual use. To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Revol's network or systems. Revol reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited data uses detailed above or if Revol, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.
(d) Unless we specifically tell you otherwise, your data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equals 1 kilobyte ("KB"), 1024 KB equals 1 megabyte (“MB”), and 1024 megabytes equals 1 gigabyte (“GB”). Bytes are rounded up to kilobytes, so you will be charged at least 1 KB for each data usage session ("data session"). Rounding occurs at the end of each data session, and sometimes during a data session. You are responsible for all data directed to your device's internet address, including data sessions you did not initiate and for incomplete transfers. As long as your device is connected to our data networks, we will track your data usage. Examples of data for which you will be deemed to have retrieved include the size of a requested file or Data Content (game, ringer, etc.); web page graphics (logos, pictures, banners, advertisement, etc.); additional data used in accessing, transporting, and routing the file on our network; data from partial or interrupted downloads; re-sent data; and data associated with unsuccessful attempts to reach websites or use applications. This data is in addition to any Data Content itself (game, ringer, etc.). Data used will vary widely, even between identical actions or data sessions. Estimates of data usage—for example, the size of downloadable files—are not reliable predictors of actual usage. We will not, whether due to your request or otherwise, separately list the number of KB attributed to a specific action/data session. Data usage is subject to the provisions set forth in paragraph (e) and certain additional provisions while you are roaming (see below).
(e) To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. In addition, if your total usage exceeds 2GB (which amount is subject to change without notice) during a billing cycle, we will reduce your data speed for the remainder of that billing cycle. If you use your data Services in a manner that could interfere with other customers' Services, 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. 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.
- Ringtones and Graphics
(a) Revol Wireless may offer ringtones, graphics or other applications (collectively the “Applications”) for sale for use with Revol service. Ringtones are song clips or other sounds that can be downloaded to a compatible Revol Wireless phone and serve as the call ringer. Graphics are two-dimensional graphic images that can be downloaded to a compatible Revol Wireless phone and can be used on that phone. You are only allowed to store the Application on your Revol Wireless phone and are not allowed to forward, sublicense or disseminate any Applications in any other way or to any other phone or device. Any transfer of any Application is a violation of these Terms and Conditions and may constitute a violation of other laws or regulations, such as U.S. Copyright laws and/or licenses or intellectual property rights associated with the Applications.
(b) In order to download an Application, you must have a compatible Revol Wireless phone. Please consult the Revol Wireless website, the user manual for your phone and/or Revol Wireless product brochures to determine if your phone is capable of downloading the specific Application you want to purchase. The ability to receive text messages does not necessarily indicate the ability to receive any particular Application. The ability to access and download Applications may be available only in certain Revol Wireless markets. Please check Revol Wireless’ website or visit your local Revol Wireless retail store to learn if any of these Applications are offered in your market.
(c) Applications use up memory on your Revol Wireless phone and each phone can only store a limited number of Applications. If you do not have sufficient memory available, you may not be able to download and/or save the Application that you order. Please consult the user manual for your phone to determine the amount of memory required to download the Application you want to purchase, how to delete material or otherwise free up memory on your phone and other information regarding the download, saving and use of Applications.
(d) In order to purchase Applications you must have funds available in your Revol Bucks account at the time that you download them. The purchase will not appear on your Revol Wireless service bill. By clicking “Buy” on the purchase menu on the website or your phone, you agree to pay for the Application listed in the order confirmation or screen. You may be required to pay a monthly fee to activate and access Application menus. All fees and Application purchases are non-refundable. If you order an Application and your phone is not compatible or will not support the Application you selected you will still be charged, but your phone will not be able to play the ringtone or use the Application. Please make sure that you have a compatible phone before you confirm your purchase. If you purchase an Application and your phone’s memory does not have available storage, you will be charged for the download. Please follow the instructions on the website to determine what steps to take if your download is not successful. It may take up to an hour for a download to complete. Please note that if you purchase a new phone you may not be able to transfer Applications to the new phone. No refunds will be available for Applications that are not transferable to a new phone.
(e) Revol Wireless did not create, engineer or test the Applications and is not responsible for their content or operability on your phone. By downloading and using certain Applications you agree to an end user license agreement applicable to those Applications. That end user license agreement may be found at www.revol.com.
The term "roaming" typically refers to coverage on another carrier's network that we may make available to you based on our agreements with other carriers. These agreements may change from time to time, and roaming coverage is subject to change without notice. Your ability to receive roaming coverage depends on the radio transmissions your device can pick up and the availability of roaming coverage. We make no guaranty that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Your device will generally indicate when you are roaming. Certain Services may not be available or work the same when roaming (for example, data Services, voicemail, call waiting, etc.). When using data Services while roaming, Revol will endeavor to maintain your 3G speed for the first 200MB of data retrieved in any billing cycle while roaming, but after you have retrieved 200MB of data in any billing cycle, we will reduce your data speed for the remainder of that billing cycle while roaming.
- Digital Millennium Copyright Act ("DMCA") Notice
If you believe that material available through our Services or products infringes the copyright of any third party, notify us by using the notice procedure under the DMCA and described at www.revol.com. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.
- Late Payment Policy
Any payment not made when due will result in the suspension of Service until payment is made. Additionally, any payment not received within seven (7) days of the due date will result in a late fee charged to your account in an amount set by Revol Wireless from time to time and that is subject to change at any time. Revol Wireless is not required to provide you with any notification prior to suspending your Service or imposing any fee(s). Any late fee shall be applied to any account suspended due to any payment not received within seven (7) days of the due date and is due in full along with all other amounts owed prior to service being resumed. If Revol imposes a late fee for failure to timely pay amounts owed, your billing cycle shall be reset and your new billing cycle shall begin on the date your service is resumed after you pay Revol Wireless all amounts owed, including any fee(s). Acceptance of late or partial payments (even if marked “paid in full”) will not waive our rights to suspend Service or impose any fee(s) pursuant to this section and shall not be deemed an accord and satisfaction. If you have authorized payment of charges by credit card, no additional notice or consent will be required prior to billing all amounts owed by you to your credit card. We may charge an additional fee of up to the maximum fee permitted by law for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason. Payments for prepaid services are non-refundable. If your Revol Wireless service is suspended during any monthly service period, you will not be entitled to (1) any refund of amounts paid for such service period, (2) discount or pro-rata reduction of amounts owed for such service period, or (3) any Service activation or membership fees.
You may terminate Service at any time by notifying a Revol Wireless customer service representative either orally or in writing. Revol Wireless will end your account 30 days after suspension of service if payment is not made. Payments for prepaid services are non-refundable. If your Revol Wireless service is terminated during any monthly service period, you will not be entitled to (1) any refund of amounts paid for such service period, (2) discount or pro-rata reduction of amounts owed for such service period, (3) balances in your Revol Bucks account, or (4) any Service activation or membership fees. You agree that Revol Wireless may terminate your Service, may preserve content, and may disclose content if required to do so by law or in the good faith belief that such termination, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third-parties; (iv) protect the rights, property, or personal safety of Revol Wireless, its employees, affiliates, users and the public, or (v) further any other lawful purpose. We may suspend or terminate Service to you without liability, if you breach any portion of this Agreement or applicable tariffs, if any, including the failure to pay any charges (whether for Service, equipment, or otherwise) due to Revol Wireless. If you promptly cure such breach, Revol Wireless may, but is not obligated to, reactivate Service to you upon payment of any resume or reactivation charge. A service resume or reactivation charge shall apply to accounts regardless of the reason for termination. Revol Wireless’ service is provided via service plans in which customers do not pay metered "per minute" charges for local voice service. In an effort to offer this service on a reliable basis at a reasonable cost, Revol Wireless reserves the right to discontinue providing service to customers, to discontinue accounts, or to discontinue providing connections to particular telephone numbers or types of services, that, in the sole judgment of Revol Wireless, appear likely to generate abnormally high call volumes or abnormally long average call lengths in comparison to those of other customers, numbers or types of services or which may be harmful or disruptive to Revol Wireless’ system or services to other customers.
- Phone Number
We assign a phone number (Mobile Identification Number or the “MIN” and Mobile Dialing Number or the “MDN”) to your phone. We can change the MIN & MDN by giving you notice. You do not own the MIN. You may not assign the MIN to any phone or other equipment other than that authorized by us, nor may you modify the MIN programmed by us into any phone or other equipment. You may not assign the MIN to any other party. Revol Wireless will charge you a $25.00 Phone number change fee for any MDN & MIN changes, regardless of the reason for that change. If your Service is deactivated, Revol Wireless may reassign the MDN & MIN without giving you any notice. Please note that your name and MDN & MIN may be displayed on the phone of a person you call if that person uses caller identification. Revol Wireless provides Caller ID block for an additional fee. However, your telephone number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers.
- Number Portability
You may be able to “port” or keep your telephone number when you change telephone service providers. Porting may be available when you change from one wireless carrier to another wireless carrier or between wireless and wireline service. Your ability to port your number to or from Revol Wireless will depend on a number of factors, including without limitation: (i) whether Revol Wireless offers service in the area in which you seek service; (ii) what other carriers offer service in the area in which you seek service; and (iii) the status of your service account with the carrier from which you seek to port your number. Even if you are able to port your number, you may be required to purchase a new wireless phone or other equipment in order to change service to or from Revol Wireless. Revol Wireless may charge a fee to reimburse the costs we incur to meet the equipment, technology and infrastructure requirements necessary to enable number porting. Revol Wireless may also charge a fee to reimburse the cost we incur to perform a port. Such fees may be included as part of the charges for Revol Wireless service or may be charged on an individual basis to customers seeking to port their number. In order to port your number from Revol Wireless, you must have an active Revol Wireless service account. If your account has been disconnected or interrupted for any reason, including failure to pay your bill, you may not be able to port your number. Other service providers may have similar requirements. You may be required to provide information necessary to verify your identity, active service and other information before you are able to port your number to or from Revol Wireless. You may be without wireless service during the time that it takes to port your number to or from Revol Wireless.
- Phones and Other Equipment
Phones and related equipment are for use in your Revol Wireless service area and are purchased and returned in accordance with the terms of the documents issued by the seller. The manufacturer extends a limited warranty for the phones and related equipment. Revol Wireless shall have no liability in connection therewith, for the manufacturer’s acts or omissions, and/or for any malfunction or failure of the phone and/or related equipment. Your phone is only compatible with Revol Wireless service and may be used only on Revol Wireless’ network. Revol Wireless service may include extended service areas not included in your immediate service area. These extended service areas may be made available to you for an additional monthly fee. The phone and related equipment you use with Revol Wireless Service can only be used in your Revol Wireless service area and those extended service areas made available to you and for which you have paid the additional monthly fee. Your phone may have technical capabilities such as GPS, camera phones, data transmission and other features that may not be supported on Revol Wireless’ network.
- DISCLAIMER OF WARRANTY
(a) Revol Wireless does not manufacture wireless phones, related equipment or Applications or provide warranties with respect to those items. Your rights with respect to your wireless phone and other equipment or Applications you purchase, including your warranty rights and your rights to return defective products, are governed by any warranty that may be offered by the manufacturer. REVOL WIRELESS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICE(S), APPLICATIONS, YOUR WIRELESS PHONE OR ANY RELATED EQUIPMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR DISCLAIMER DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER.
(b) Revol Wireless will not be liable to you in connection with (1) the manufacturer’s warranty, (2) any actions or omissions of the manufacturer, or (3) any malfunction or failure of any phone or related equipment.
(c) Returns of merchandise are accepted only if returned within fifteen (15) days after the date of purchase. The original sales receipt is required for a refund. Returns on phone purchases are subject to a $15.00 phone restocking fee. Returned phones must have been used for less than sixty (60) minutes and must be in “like new” condition with the original box, packaging and all included accessories such as charger, battery, phone strap and instruction manual. Returned merchandise other than phones must be unopened and unused. Refunds will not be issued on earpieces or headsets. All sales on these items are final.
(d) Revol Wireless E-Store Return Policy. Merchandise purchased at the revol.com e-store should not be returned to a store location. Stores cannot accept returns of merchandise purchased at revol.com. Instead, all revol.com e-store orders include a convenient, prepaid mailing label to return your item(s). To return your online purchase, please follow these instructions: 1. Pack your return in the original shipping package (if possible). 2. Include the original packing slip and indicate the reason for return. 3. Include all original packing materials, products and accessories. 4. Make sure to cover any of the previous mailing labels and barcodes. 5. Attach the prepaid mailing label and drop off at your nearest FedEx location
If prepaid mailing label is lost or damaged you can still return your online purchase, but will need to ship the item(s) back to Revol at your own expense. To return your online purchase, please follow the instructions above, but send your return to: Revol Wireless, c/o E-Store Return, 7575 E. Pleasant Valley Rd, Independence, OH 44131
Returns of merchandise are accepted only if returned within fifteen (15) days of activation or sixty (60) days of shipping, whichever comes first. The original packing slip is required for a refund. Returns on phone purchases are subject to a $15.00 restocking fee. Returned phones must have been used for less than sixty (60) minutes and must be in “like new” condition with the original box, packaging and all included accessories such as charger, battery, phone strap and instruction manual. Returned merchandise other than phones must be unopened and unused. Refunds will not be issued on earpieces or headsets. All sales on these items are final. Activation fees and payments for prepaid services are non-refundable. Refunds will not be issued for shipping and handling costs.
(e) Revol Wireless Phone in a Box (PIB) Return Policy. The return of pre-packaged phones purchased from a retailer is subject to the return policy of the retailer from which the PIB was purchased.
(f) All brand new revol wireless phones that were purchased for a new activation or as an upgrade replacement come with a limited one (1) year manufacturer’s warranty. Certified reconditioned revol wireless phones come with different warranty periods based on the model purchased, up to a maximum of six (6) months. All phones that are subject to a warranty claim must be returned to the original manufacturer for the manufacturer’s verification of a covered defect and repair or replacement of the phone, which may take several weeks. As an additional service, for a period of 180 days from activation revol will exchange a phone with a defect covered by the applicable manufacturer’s warranty for a new phone of the same or comparable model, upon payment of a “rapid exchange fee” that varies based on the time since the phone was activated (“Rapid Exchange Fee”). The rapid exchange service is only available at revol wireless full service centers. The manufacturer’s warranty is non-transferable and does not cover used or pre-owned equipment. Information about the specific manufacturer’s warranty terms for your phone model were included with your phone when purchased, and are also available at a revol retail location. The use of aftermarket accessories with your phone may void the phone warranty. Please refer to your phone owner’s manual for specific warranty guidelines.
TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf, hard of hearing or who have speech or language disabilities to communicate by telephone. It is not possible today to use a digital wireless phone, like your Revol Wireless telephone, to call 911 with a TTY. If you have questions concerning the use of your phone with a TTY device, please contact us at 1.800.REVOLHQ (1.800.738.6547).
- Revol Phone Insurance Program
The phone insurance program is not included in your monthly revol plan, but may be purchased for an additional monthly charge. The revol phone insurance program is subject to a 30 day activation period and will become active on the 31st day following the start of the first billing cycle on which the charge for the insurance program is included. Your phone must be operational in order to have coverage under this program. You will be charged a processing fee based on the replacement model for your approved claim. This processing fee is payable at the time of the replacement. The processing fee is non-refundable. A maximum of two (2) equivalent replacements will be permitted in each consecutive twelve (12) month period. For complete details, please see the Revol Phone Insurance Program Terms and Conditions.
- Limitation of Liability
You acknowledge that Service (including, without limitation, transmissions or attempted transmissions to emergency services such as 911 and E911) may be interrupted, halted, or curtailed and/or that the quality of transmissions may be diminished. These events may be due to factors which include, but are not limited to, atmospheric, geographic, topographic, structural and other conditions, including call volume, system failures or delays, network upgrades or maintenance, circumstances caused by acts of God, fire, sabotage, governmental action, third party suppliers of goods or services, or other events beyond Revol Wireless’ control. You agree that neither Revol nor its subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a device, including through 911, E911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your device or any computer or equipment connected to your device, or damage to or loss of any information stored on your device, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. Revol Wireless liability to you for any act or omission in connection with the Service shall be limited solely to Revol Wireless extending a credit to you for any continuous Service interruptions exceeding 24 hours in length. Any such credit shall equal 1/30 of the monthly access charge for the interrupted Service for each continuous 24-hour period following the commencement of the Service interruption. The period for calculating the commencement of the interruption shall begin at the time it is reported to or detected by Revol Wireless whichever occurs first. In no case will any monthly credit exceed the total monthly access charge for the interrupted Service. Revol Wireless shall have no liability whatsoever if: 1) your negligence or intentional misconduct caused the Service interruption; 2) the Service interruption results from a failure of equipment or Service not provided by Revol Wireless; 3) Revol Wireless acts upon a written or verbal request to terminate your Service; or 4) an interruption of service or damage to the phone is due to a software virus; regardless of whether such virus was introduced to the phone through the Revol Wireless Network or Service. IN NO EVENT SHALL REVOL WIRELESS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, LOSS OF INCOME OR COST OF REPLACEMENT SERVICES, WHETHER OR NOT REVOL WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT REVOL WIRELESS’ LIABILITY ARISING OUT OF THIS AGREEMENT AND IN CONNECTION WITH THE SERVICE PROVIDED TO YOU. AS DISCUSSED ABOVE, REVOL WIRELESS MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). YOU AGREE, TO THE FULLEST EXTENT ALLOWED BY LAW, TO WAIVE ALL RIGHTS TO RECOVER: (i) PUNITIVE DAMAGES; AND (ii) CONSEQUENTIAL, INDIRECT, AND SPECIAL DAMAGES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SERVICE, YOU AGREE THAT THE REMEDIES PROVIDED UNDER THIS AGREEMENT ARE EXCLUSIVE, AND YOU WAIVE YOUR RIGHT TO ANY OTHER REMEDIES THAT MAY BE AVAILABLE TO YOU AT LAW OR IN EQUITY.
You agree to indemnify Revol Wireless, its affiliates, directors, officers, employees, and agents and hold them harmless from and against: 1) claims of whatever kind or nature arising from communications made or received by you (or attempted to be made by or made to you) over the Revol Wireless network; 2) claims for infringement of patents, trademarks, and/or copyrights arising from your combination or use of subscriber apparatus and systems in connection with Revol Wireless facilities; and 3) all other claims arising out of any act or omission for which you are responsible in connection with the Service or equipment used in connection therewith.
Notices to you shall be deemed given when deposited in the United States mail and addressed to you at your last known address as evidenced by our billing records. It is important that you notify us of any address changes. Failure to do so may result in termination of Service. We reserve the right to provide notice to you by telephone, short message service or voicemail service, and such notice shall be deemed given when left with you, on your phone, or with the answering/voicemail service. Your notice to us shall be deemed given when received by us.
If we waive any portion of this Agreement, the waiver will not be deemed a waiver by us of any other provision of this Agreement, or of our right to later enforce the provision waived for the same or recurring violations. Any such waiver must be in a writing signed by us. Paragraph headings are for descriptive purposes only and will not be used in interpreting the Agreement. You may not transfer or assign your rights or obligations under this Agreement or the Service in whole or in part. Revol Wireless may transfer or assign its rights and obligations under this Agreement in whole or in part without giving you notice or obtaining your consent. Upon assignment, Revol Wireless shall be released from all liability hereunder. This Agreement shall inure to the benefit of and be binding on the permitted assigns of the respective parties.
- Choice of Law and Severability
This Agreement shall be governed by the laws of the state of Ohio (without regard to conflict of laws principles), applicable federal law, roles and regulations and by any applicable tariffs filed by Revol Wireless. These terms and conditions are subject to amendment, modification, or termination at any time at our discretion and if required by such laws, rules or regulations. If any provision in this Agreement is declared to be illegal or in conflict with any law, rule, or regulation, that provision may be deleted or modified without affecting the validity of the other provisions of this Agreement.
- Dispute Resolution
If a dispute arises in connection with these Terms that is not resolved within 120 days of the date on which notice of the dispute was received by you or Revol Wireless, as the case may be, such dispute shall be settled by final and binding arbitration administered by the American Arbitration Association under its Wireless Industry Arbitration Rules, as such rules may be amended from time to time. No arbitrator(s) participating in such arbitration may vary these Terms in any way. Judgment on an award rendered by an arbitrator(s) may be entered in any court of competent jurisdiction in the state in which the arbitration is held. All statutes of limitations that would otherwise be applicable in a judicial action brought by you or Revol Wireless shall apply to such arbitration and shall be given effect by the arbitrator(s). In any arbitration between you and Revol Wireless, the arbitrator(s) shall have no power to award punitive, consequential, indirect, or special damages to either party.
(b) You may use the Revol Mobile Web to visit third party sites that Revol doesn't own or operate. Revol doesn't endorse, sponsor or control these third party sites, nor do these third party sites endorse, sponsor or control Revol Mobile Web. Revol does not accept responsibility for the content, information, products or services offered on or within these sites.
(c) Revol Mobile Web is not intended for use by children. In the event that you, as a legal guardian allow your child to use the Revol Mobile Web, you acknowledge that your child has the permission to access the Revol Mobile Web, including without limitation email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the Revol Mobile Web is appropriate for your child.
(d) If you browse with Revol Mobile Web, you agree that you are of the legal age to visit certain sites. Furthermore, you agree not to visit any illegal sites.
(e) If we notice excessive data traffic coming from your phone, we reserve the right to terminate your Revol Mobile Web Service.
(f) Availability and reliability of Revol Mobile Web is subject to transmission limitations, and your actual device speed may vary from time to time. We do not guarantee that all websites will be available with all devices on the Revol Mobile Web.
(g) While data is being transferred in a Revol Mobile Web session, calls to your phone will be "busy" or directed to voicemail (if applicable). After you initiate a data session, you may be disconnected and lose your data session at any time.
(i) You are responsible for all activities undertaken by you using the Revol Mobile Web, including without limitation, the use of email. You shall not use, nor permit others to use, the Revol Mobile Web in a manner or for a purpose contrary to this Agreement.
(j) You acknowledge and agree that Revol Mobile Web and any necessary software used in connection with Revol Mobile Web is the proprietary and confidential information of Revol and are protected by applicable intellectual property and other laws including without limitation, patents, designs, trademarks, copyrights, or trade secrets. Revol grants you a personal, revocable, non-transferable and non-exclusive license to use the Revol Mobile Web, solely in accordance with the terms of this Agreement. You are strictly prohibited from copying, modifying, creating derivative works, reverse engineering, reverse assembling or otherwise attempting to discover the source code of any proprietary software provided to you in conjunction with the Revol Mobile Web. All rights not expressly granted herein are reserved by Revol.
(k) YOU AGREE TO HOLD REVOL HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR OTHER CAUSES OF ACTION (INCLUDING ACTIONS BY THIRD PARTIES) ARISING OUT OF THE USE OR ATTEMPTED USE OF THE REVOL SERVICE.
(l) You agree that while using Revol Mobile Web, you will not violate any applicable law, regulation, code or rule, or post or transmit any commercial, advertising or promotional materials, including, without limitation, spam or mass distributions.
(m) You acknowledge that Revol Mobile Web and/or information contained in e-mail messages or other transmissions of data may be intercepted by individuals using certain equipment without your or our permission. We are not responsible for messages or pages lost or misdirected due to interruptions or fluctuations in the services or the Internet in general. We are not responsible for the content of messages or any data sent using the Revol Mobile Web. Revol Mobile Web cannot be used: (i) for up/down-loading or streaming of movies, music, or games; (ii) with server devices or with host computer applications, including web camera posts/broadcasts, automatic data feeds, VOIP, or file sharing; (iii) as a substitute or backup for private lines or dedicated data connections; or (iv) for Peer-to-Peer (P2P) file sharing.
(n) We cannot guarantee your confidential use of the Revol Mobile Web. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality with respect to your use of the Revol Mobile Web.
(o) In the event you are not satisfied with the Revol Mobile Web, you have the right to terminate the Revol Mobile Web at any time. This is your sole and exclusive remedy under this Agreement.
- Revol Perks Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE YOU BEGIN USING THE SERVICE. By clicking the “ACCEPT” button in the CONFIRMING MESSAGE DISPLAYED ON YOUR MOBILE DEVICE AFTER INSTALLATION, or using the Software or the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not click the “ACCEPT” button and do not use the Software or the Service. You agree that use of the Service signifies that you have read, understood, and agreed to be bound by these Terms.
(a) DESCRIPTION OF SERVICE–Revol Perks has contracted with Mobile Posse, Inc. to provide a remote content delivery service (the “Service”) that provides users of mobile devices the ability to download, access, and view advertisements, coupons, promotions, content and other information from third party advertisers (the "Advertisements"). Access to the Advertisements through the Service is enabled by Mobile Posse proprietary software that is installed on the user’s mobile device (the “Software”). You are responsible for obtaining the Software and access to the Service by subscribing through Revol. You must provide, and are responsible for, maintaining an active wireless account with Revol and obtaining all mobile devices and other equipment necessary to access the Service. Mobile Posse reserves the right to modify these Terms and/or the Software and/or the Service, and may discontinue or revise any or all aspects of the Terms, the Software and/or the Service at any time. Revol Perks will post a notice of such changes to the Revol Perks website available at http://www.revol.com/legal-notices. Any changes shall become part of these Terms and shall apply as soon as such a notice is posted. By continuing to use the Software and the Service after the notice is posted, you are indicating your acceptance of such changes.
(b) GRANT OF LICENSE–Subject to these Terms, Mobile Posse grants to you a non-exclusive, non-transferable, personal right during the Subscription Term (defined below) to use the Software on your mobile device solely for the purpose of accessing and using the Service.
(c) Ownership And Restrictions–These Terms do not constitute a sale of the Software. An express condition of these Terms is that Mobile Posse and its licensor retain all worldwide ownership of and rights, title and interest in and to the Software, and all copies and portions thereof, and the Service, including without limitation, all copyrights, moral rights, trademark rights, trade secret rights and other proprietary rights therein and thereto, regardless of the form or media in or on which the Software, the Service, or copies may exist. Mobile Posse reserves all rights not expressly granted to you. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works from the Software. You agree to use the Software and the Service in a manner consistent with any and all applicable laws and regulations and you agree that Mobile Posse shall have no duty to and shall not investigate your use of the Software and the Service or your right to use the Software and the Service. You agree to indemnify Mobile Posse against any claims that your use of the Software and/or the Service violates the rights of any third party or any applicable laws and/or regulations of any jurisdictions.
(d) SUBSCRIPTION, RENEWAL AND CANCELLATION–These Terms and your subscription to the Service are effective on the date you install the Software and accept these Terms and, unless earlier terminated, continue for the term of your subscription as established by Revol (the “Subscription Term”). You may "opt out" or cancel your subscription to the the Service by calling Revol Customer Service and following cancellation procedures. Mobile Posse will cancel your account upon receipt of such notification from you. In addition, these Terms will terminate automatically without notice from Revol or Mobile Posse if you fail to comply with any provision of these Terms. We may cancel or suspend your registered user account for the Service at any time, without cause and/or without notice. Upon termination of these Terms for any reason, you agree to not actively use any copies of the Software that remain on your handset unless your account it reactivated.
(e) SPONSORS, THIRD PARTIES AND ADVERTISERS–Your use of the Advertisements, or your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Revol and Mobile Posse shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers through the Service.
(f) LINKS–The Service may provide, or third parties may provide, links to other websites or resources. Because Revol and Mobile Posse have no control over such sites and resources, you acknowledge and agree that Revol Perks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Revol Perks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
(h) DISCLAIMER OF WARRANTIES–YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, THE SERVICE, AND THE ADVERTISEMENTS IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REVOL AND MOBILE POSSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. REVOL AND MOBILE POSSE MAKES NO WARRANTY THAT (i) THE SOFTWARE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ADVERTISEMENTS, COUPONS OR PROMOTIONS PROVIDED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED, (vi) OR THAT THE SOFTWARE, THE SERVICE, AND THE SERVERS ON WHICH THE SERVICE IS DELIVERED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY ADVERTISEMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ADVERTISEMENTS CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THROUGH THE SERVICE ARE NOT ADOPTED OR ENDORSED BY REVOL OR MOBILE POSSE AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. .
(i) LIMITATION OF LIABILITY–YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOBILE POSSE AND REVOL, AND ANY LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REVOL OR MOBILE POSSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE OR THE SERVICE; (ii) THE USE OR INABILITY TO USE YOUR MOBILE DEVICE AS A RESULT OF THE OPERATION OF THE SOFTWARE OR THE SERVICE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SOFTWARE OR THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ADVERTISEMENTS PROVIDED THROUGH THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SOFTWARE OR THE SERVICE.
(j) EXCLUSIONS AND LIMITATIONS–SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(k) TRADEMARK INFORMATION–All Advertisements and other materials provided through the Service ("Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by Mobile Posse, Revol Perks, Revol, the advertisers, or by other parties that have licensed their material to Mobile Posse. Except as specifically provided herein, no Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any Material provided through the Service. Any unauthorized attempt to modify any Material, to defeat security features, or to utilize the Service for other than its intended purposes is prohibited.
(l) Miscellaneous–These Terms are governed by the laws of the Commonwealth of Virginia, except for its conflict of law provisions. You acknowledge that you have read these Terms, understand them and agree to be bound by them. You also agree that these Terms are the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior or contemporaneous oral or written agreements and any other communications between the parties relating to the subject matter of these Terms. No waiver of any right under these Terms shall be deemed effective unless contained in writing and signed by a duly authorized representative of Mobile Posse, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. If any provision in this Agreement is invalid or unenforceable, that provision shall be reformed to the maximum extent allowed by law to reflect the same economic effect as the invalid or unenforceable provision, and the other provisions of these Terms shall remain in full force and effect. The section headings appearing in this Agreement are for the convenience of the parties and do not define or limit the scope or intent of such sections. All communications and notices given pursuant to these Terms will be in the English language. Should you have any questions concerning these Terms, please contact Revol in writing at the address given below: Revol - Cleveland Unlimited, Inc. 7575 E. Pleasant Valley Road Independence, Ohio 44131 email@example.com