By using Pronto Networks Services, you are bound to the following:
(1) the Terms and Conditions, including the binding arbitration clause;
(2) the terms and conditions associated with your Service Plan and Devices;
(4) any other policies incorporated into this Agreement by reference.
PLEASE READ THESE Terms and Conditions carefully and make sure you understand each provision as they contain important information about the services provided to you and our use of certain information. These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms and Conditions limit our liability and the remedies available to you in the event of a dispute.
- General. “Pronto Networks”, “we”, “us” or “our” refers to Pronto Networks, Inc. You, your, customer, subscriber and user refers to an account holder or authorized user of our Services or Devices. Services means voice telephony, text messaging, broadband Internet access services, applications, and any other services provided to you by Pronto Networks. Device means any phone, device, accessory, or other product provided or sold to you by Pronto Networks or that is activated or used with your Services. These Terms and Conditions are an agreement between Pronto Networks and you under which we provide and you accept our Services and/or Devices (Agreement).
YOU ACCEPT THIS AGREEMENT WHEN YOU:
(A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICES, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING THE SERVICES, OR (E) ACCEPT THE SERVICES OR AGREEMENT THROUGH ANY WRITTEN, ORAL, OR ELECTRONIC STATEMENT OR SIGNATURE. You must be 18 years or older to use Pronto Networks Services.
- Charges in General. You agree to have your account debited for all charges resulting from usage of the Services provided under this Agreement, even if you were not the user of and/or did not authorize the use. Charges may include, without limitation: Pay-As-You-Go refill card purchases, recurring charges for prepaid monthly Service Plans; charges based on actual usage of text messages, and data; activation, administrative, returned payment and late payment charges; network and other surcharges; optional feature charges; and all applicable taxes, surcharges, and governmental fees, whether assessed directly upon you or upon Pronto Networks. Your Service Plan describes the charges for your Services and your allotment of text messages, data, rates, coverage, and other terms.
- Taxes and Fees. You agree that, beginning on or about May 1, 2019, you are responsible for paying all required taxes, fees, and surcharges (Taxes and Fees) on you prepaid account that are currently due and owing as a result of any and all federal, state, and local statutes, regulations and/or ordinances, or may become due and owing as a result of any new federal, state, and local statutes, regulations and/or ordinances that may be passed, without limitation. Whether or not we are able to give advance notice of the imposition of Taxes and Fees, by purchasing Pronto Networks Services and Devices, you expressly agree to pay all applicable Taxes and Fees, as calculated by the zip code associated with your Pronto Networks account. It is your responsibility to provide your accurate zip code upon payment for Pronto Networks Services and Devices so that the Taxes and Fees that you owe can be properly calculated, collected, and submitted on your behalf. Taxes and Fees will be charged and applied to your Pronto Networks purchase whether or not you benefit from the programs, activities, or services that are paid for by the respective Taxes and Fees that you are charged. Taxes and Fees shall be charged upon your initial purchase of any Pronto Networks Services and/or Devices and each time a further charge is made for any and all Pronto Networks Services and/or Devices. If the charge is made for the renewal of a Pronto Networks Service, the Taxes and Fees will be charged prior to the renewal period for the Pronto Networks Service. Taxes and Fees shall be charged in addition to the cost of the Pronto Networks Services and/or Devices that you purchase and shall be based on the price of the Pronto Networks Services and/or Devices that you purchase. You are also responsible for the payment of any and all increases in the Taxes and Fees that you owe upon any increases in Taxes and Fees going into effect, as determined by the respective federal, state, and local governments that impose and/or administer the relevant Taxes and Fees.
- Data Usage Charges. You agree to pay for all data usage from all data transmissions to and from your Devices, regardless of who initiates the transmissions. Data usage occurs whenever your device is connected to our network and is engaged in any data transmission, including, but not limited to: (i) sending or receiving email, documents, or other content, (ii) accessing websites, or (iii) downloading and using applications. Data may also be used (i) to access, transport, and route data on our network, (ii) from partial or interrupted downloads and resend requests caused by network errors, and (iii) data associated with unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that comes pre-loaded on your device regularly and passively send and receive data transmissions to function properly, without you affirmatively initiating transmissions and without your knowledge. You will be billed for all data transport and usage when your device is connected to our network, including all active and passive usage, whether successful or not. Many Devices transmit and receive data without user intervention, when powered on outside the United States, Puerto Rico, and U.S. Virgin Islands, causing unexpected data usage. Pronto Networks may send alerts via SMS or email, to notify you of such data usage. These are courtesy alerts; there is no guarantee we will send them or that you will receive them. A data session initiated on our network will continue its connection over our network until the data transmission is concluded, even when you connect to a Wi-Fi network during the transmission. Based on a number of factors (e.g., the specific application, network performance, etc.) data usage will vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. Memory limitations on your Device may prevent some data or content from being stored. Pronto Networks is not responsible for the failure to store data or content nor the deletion of such data or content. For data capable Devices not provided by Pronto Networks, manual or auto configuration is needed for MMS and/or data settings. Data usage is billed in full-kilobyte increments and is rounded up to the next full-kilobyte increment at the end of each data session for billing purposes.
- Pay-As-You-Go Plans. Pronto Networks Pay-As-You-Go Plans and fixed promotional plans expire in accordance with the expiration date provided with your purchased refill card or plan. Pronto Networks refill cards can only be used with Pronto Networks Devices. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. If you refill your Pay-As-You-Go Plan before expiration, remaining balances will stack. If your account balance falls to zero, the data will be disconnected. Your sim would be canceled if the balance remains at $0 for thirty (90) consecutive days. If your account becomes inactive, we may deactivate your account. If your account is inactive, you will not be able to utilize your wireless device for any purpose. If you wish to use Services after your account has been deactivated, call Customer Service for reactivation. Account balances are not refundable, transferable, or redeemable for cash or credit. Pay-As-You-Go Plan data service is delivered at up to 4G LTE speeds.
- Prepaid Monthly Plans. Pronto Networks Prepaid Monthly Plans are active at the time of your purchase of a prepaid Device. Credits to your Prepaid Monthly Plan account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased recharge card or policy. Account balances and credits are not refundable, transferable, or redeemable for cash or credit. If you cancel Service before your monthly service period ends, you will not be entitled to any refund or credit for the unused portion of your account balance. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available. Any unused allotment of Services from one monthly period will not carry over to the next monthly period. Prepaid Monthly Plans are active for a period of thirty (30) days at the applicable charge and will expire at 11:59 p.m. P.S.T. on the 30th day. When you first activate a Prepaid Monthly Plan, the day the plan is activated counts as the first full day and counts towards the first thirty (30) days, regardless of the time of day the account becomes activated. Accordingly, your first month of activation may be less than a full thirty (30) days, depending on the time the Prepaid Monthly Plan is activated. If you do not maintain a positive account balance on your Pronto Networks account, Pronto Networks may deactivate your account. Prepaid Monthly Plan data service is delivered at up to 4G LTE or 5G speeds, depending on your service plan. For unlimited data plans, we may reduce your speed to 128 kbps speed after you have reached a specified data use threshold. A 5G-capable Device is required to receive 5G speeds. 5G is not available in all areas, and actual 5G availability, coverage, and speed may vary. Depending on the Monthly Prepaid Plan you choose, terms and conditions may vary. For plan details, consult the applicable plan or feature card terms or visit www.prontonetworks.com.
- 7. Stacking for Prepaid Monthly Plans. Effective as of October 1, 2020, Prepaid Monthly Plan Subscribers may purchase up to twelve (12) months of recharges, which will be stacked onto an active Prepaid Monthly Plan. All recharge sales are final and no refunds will be given for any purchased recharges, including any recharges that are forfeited if you cancel or change your Prepaid Monthly Plan. Recharges will not be subject to any promotions or discounts.
- Data Top-Ups for Prepaid Monthly Plans. You may purchase Data Top-Ups to be used in conjunction with any Prepaid Monthly Plan during a plan cycle to Top-Up 4G LTE and 5G data. Data Top-Ups will be applied after you use all the 4G LTE or 5G data allotted under your Prepaid Monthly Plan. If you use all your topped-up 4G LTE or 5G data, you may purchase additional Data Top-Ups. Upon the start of a new plan cycle, your unused Data Top Up data will roll over and remain available for any plan cycles of the same continual Prepaid Monthly Plan service in place when the Data Top Up data was purchased. If you change or terminate your Prepaid Monthly Plan, you will forfeit any unused Data Top Up data. You will not receive a refund for any Data Top Up data that is not used upon change or termination of your Prepaid Monthly Plan.
- Dishonored Financial Instruments and Late Payment Fees. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys fees, we incur in such collection efforts or the most allowed by law, whichever is less. We may also charge you fees when your payment are not made on or before your scheduled payment date.
- Devices. You may purchase a Device from Pronto Networks to use with our Services or use your own Device with our Services. Devices must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules, and regulations. Devices may not be enabled for all Services and some Services may not work on some Devices. At times we may remotely change your Device’s software, applications or programming, without notice, to address security, safety, or other issues that impact our network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, how you have programmed your Device, or how you use your Device. While your Device is receiving a software update, whether by our action or yours, you may be unable to use it in any manner until the software update is complete, including to contact 911 or other emergency services.
- Loss, Theft, Damage, or Destruction of Devices. Upon accepting your Device, all risk of loss, theft, damage, or destruction of your Device is borne by you. In the event of any loss, theft, damage, or destruction of your Device, you are responsible for purchasing a replacement Device at your expense. If your Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. When you contact us to report your Device as lost or stolen, you can request that we suspend your Services without a charge. You may be responsible for all charges incurred as a result of any use of your Device until you report the loss or theft and request that we suspend your Services. We will not credit or refund any account balance as a result of loss or theft of your Device. We and you agree to act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device. Except as otherwise provided herein, if your Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges, and any other obligations that you are responsible for under any other agreements that are in effect between us and you, including, but not limited to, any Conditional Sales Agreement(s).
- Authorized Use of Our Services and Devices. Prohibited uses include, but are not limited to: (b) using the Services or Devices to engage in unlawful activity, including, but not limited to, fraud, impersonation and infringement on our or any other person or entity’s intellectual property rights; (c) using the Services or Devices to engage in conduct that adversely affects our customers, employees, business, or any other person; (d) using the Services or Devices to engage conduct that interferes with our Services, operations, network, reputation, or ability to provide quality Service, including, but not limited to, the generation or dissemination of viruses, malware, worms, Trojan Horses, time bombs, auto-responders, cancelbots, corrupted files, or denial of service attacks; (e) tampering, modifying, or reprogramming your Device; (f) using the Services or Devices to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files; (g) sending abusive or unsolicited communications, or any other mass or automated voice, text, or data communication for commercial or marketing purposes (e.g., spamming and telemarketing); (h) using the Services in connection with server devices or to operate a hosting service; (i) using applications that automatically consume unreasonable amounts of available network capacity, are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; (j) installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal, unless authorized by Pronto Networks; or (k) assisting or facilitating anyone else in any of the above activities. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. If your Device is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage.
- Unlimited Service Abuse. UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Authorized Use policy sets forth in this Agreement applies to all Pronto Networks plans, including plans with unlimited data. If Pronto Networks finds that you are using unlimited Services for anything that violates the Authorized Use policy, Pronto Networks may, at its option, terminate your Services or change your plan to one with no unlimited Services. Pronto Networks may provide notice that it intends to take any of these actions, and may terminate the Agreement.
- Account Access. You authorize us to provide information about and to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. If you authorize another person to access your account or provide another person with your account validation information, that person may be able to make changes to your account. Those changes will be binding on you and Pronto Networks takes no responsibility for those changes. If you create an online account, you should ensure your account password is unique and complex to protect the security of your account.
- Purchases and Authority to Use. Your Device may be used to purchase content, applications, and other goods and services, including applications, games, graphics, ring tones or news alerts (including subscription plans) from Pronto Networks or from third parties, including within applications (In-App Purchases) (collectively, Content and Applications). Content and Applications may be purchased directly with any Device containing a Subscriber Identity Module (SIM) card assigned to your account or online. You are responsible for all charges resulting from the purchase of Content and Applications, including data usage charges incurred while purchasing, downloading, and using the Content and Applications. When you give Devices assigned to your account to other users, you give those users your authority 1) to order Content and Applications from the Device, including subscription services, and to incur charges for those Content and Applications, and 2) to give any consent required for those Content and Applications, including the consent to use the user’s location information to deliver customized information to the user’s Device, or to make any representation required for those Content and Applications, including a representation of the user’s age, if requested. Usage by others can be restricted by use of parental controls or similar features. Pronto Networks is not responsible for third-party Content and Applications, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Applications. For assistance with third-party Content and Applications, contact the third-party sellers directly. When you download or install third-party Content and Applications, you are subject to the terms and conditions and privacy policies of that Content and those Applications.
- Coverage. Coverage is not available everywhere. There are gaps in coverage within the areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Coverage may vary and be affected by circumstances beyond our control (e.g., network capacity, interference from buildings and other structures, terrain, and weather).We do not guarantee the availability of the wireless network and/or coverage.
- Service Limitations. Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider of our choosing and may be subject to the service limitations of that provider. We do not guarantee the availability, quality, or data speeds of any services when on the network of our underlying carrier or when roaming on another carrier’s network.
- Limitation of Liabilities. To the fullest extent permitted by state and federal law, YOU AGREE THAT NEITHER Pronto Networks NOR OUR VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY: (a) act or omission by you or a third party; (b) mistake, omission, interruption, error, failure to transmit, delay, or defect in the Services provided by or through us; (c) damage or injury caused by use of the Services or Devices, including accidents or health-related issues; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by Pronto Networks; (f) damage or injury caused by failure or delay in contacting emergency services, including through 911; (g) content or information accessed while using our Services; (h) interrupted, failed, or inaccurate location information services; (i) information or communication that is blocked by a spam filter; (j) events due to factors beyond our control, including acts of God (e.g., weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts; (k) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification; or (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information or data stored on your Device, computer, equipment, or a Pronto Networks storage space from your use of the Services, when we service your Device, or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each. Unless applicable law precludes parties from contracting to so limit liability, Pronto Networks shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of, or inability to use, the Services or Devices provided by or through Pronto Networks, including loss of business or goodwill, revenue or profits, property damage or claims of personal injuries. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, OR PRODUCT LIABILITY.
- Indemnification. To the fullest extent allowed by law, you agree to defend, release, indemnify, and hold harmless Pronto Networks and its officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorney fees) of any person or entity arising out of or relating to, directly or indirectly, your or any other persons use of the Services or Devices provided by Pronto Networks; your acts or omissions, including your breach of this Agreement; other Pronto Networks policies; any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority, and claims arising in whole or in part from the alleged negligence of Pronto Networks. This obligation shall survive termination of your service with Pronto Networks.
- Consent to Customer Communications. You expressly consent to be contacted by Pronto Networks or our authorized agents or representatives at any telephone number, physical address, or electronic address where you may be reached, including any wireless telephone number, for any and all purposes, including to inform you about our Services, customer service-related information, or other matters we believe may be of interest to you. You agree that Pronto Networks may contact you by any reasonable means, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, postal mail, e-mail message delivered by an automatic e-mailing system, or facsimile. You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons. Your consent to be contacted may be revoked only if it is in writing and is with our express agreement. You must notify us of any address changes.
- Termination, Suspension, Modification, and Limitation of Your Services. Either party may terminate this Agreement (which will terminate the provision of the Service) at any time on advance notice to the other party. Pronto Networks may terminate this Agreement at any time without notice if we cease to provide service in your area. To protect our network, our rights, and interests, or the rights of others, and to ensure the activities of some users do not impair the ability of Pronto Networks customers to have access to reliable services provided at reasonable costs, Pronto Networks may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Service if you: (a) breach this Agreement, including using the Services or Devices for any purposes prohibited by this Agreement; (b) breach any other Pronto Networks policies or terms and conditions, including the terms and conditions of your Service Plan; (c) make a misrepresentation to us; (d) threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or Devices; or (e) fail to make all required payments when due. If you have more than one account with us, you must keep all accounts in good standing to maintain service; if one account is past due or over its limit, all accounts in your name are subject to termination, suspension, modification, or limitation, and all other available collection remedies. We may also temporarily limit your Services for any operational or governmental reason. Limitations may include, but are not limited to, reducing the speed of data Service, reducing the size of files and multimedia messages, restricting the amount of use of any Service, limiting or disconnecting connections to particular phone numbers, countries, destinations, providers, features, and limiting the provision of certain services in certain areas, such as pursuant to roaming arrangements. Modifications may include changing your plan and features. Pronto Networks may use message filtering/blocking software to prevent spam, telemarketing calls and messages, and harmful code. Some of these actions may interrupt or prevent legitimate communications and usage. You are liable to Pronto Networks for any damages resulting from the conduct prohibited in this Agreement. Upon termination, any balances in your accounts or for your Services will not be refunded. Any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Devices.
- Changes to Your Service or this Agreement. We may change, at any time, this Agreement and other terms, conditions, and policies; rates, fees, expenses, and charges; plans, features, and products; and coverage areas, roaming partners, underlying Service providers, and provisioning technology. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates, and administrative charges) by such means as Pronto Networks determines to be most practicable, including, sending an SMS message to your phone or an email to your email address, posting an update on our website, or by such other means as Pronto Networks may determine. All changes become effective when posted to www.ProntoNetworks.com. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. You understand and agree that State and Federal Universal Service fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE OR IF WE MATERIALLY DECREASE THE GEOGRAPHIC AREA IN WHICH YOUR SERVICES CAN BE USED (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE IN ADVANCE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.
- Disputes. Within 60 days of the date of any event giving rise to a dispute (as defined in Section 29.A), you must notify us of such dispute in writing at Pronto Networks INC, 1550 Parkside Drive #125 Walnut Creek, CA 94596, USA (or one of the other means set forth in Section 29.B, titled Dispute Notice), including a dispute over any charges and any service we provided, or you will have waived your right to dispute the charge or such services and to bring, or participate in, any legal action raising any such dispute. The 60-day limitation shall not apply to the filing of a complaint with the Federal Communications Commission (FCC) or your state’s Public Service Commission. You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or an appropriate federal or state governmental agency regarding the service provided and/or charges imposed by Pronto Networks. Nothing in this paragraph or this agreement in any way eliminates or abridges that right.
- Dispute Resolution by Mandatory, Bilateral and Binding Arbitration.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary: Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by calling our customer service department at 1-888-997-4223. In the unlikely event that Pronto Networks customer service department is unable to resolve a complaint you may have to your satisfaction (or if Pronto Networks has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. For any non-frivolous claim that does not exceed $25,000, Pronto Networks will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorney fees from Pronto Networks to at least the same extent as you would be in court.
You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other appropriate federal, state, or local agency regarding the service provided and/or charges imposed by Pronto Networks. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right.
- Mandatory, Bilateral, and Binding Arbitration. You and Pronto Networks agree that any dispute, claim, or controversy arising out of or relating in any way to your use of Pronto Networks Services, or to any products or services sold or distributed by Pronto Networks or through Pronto Networks websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Pronto Networks right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to the Choice of Law & Jurisdiction provision above, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. Â§ 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
Any arbitration under this Agreement will take place on an individual basis class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.
The term dispute shall include any dispute, claim, or controversy between you and Pronto Networks regarding or relating to any aspect of your relationship with Pronto Networks, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term dispute also includes, but is not limited to, any and all claims between you and Pronto Networks in any way related to or concerning this Agreement, Pronto Networks services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from Pronto Networks and/or a party acting on Pronto Networks behalf. The term dispute is to be given the broadest possible meaning that will be enforced.
- Dispute Notice: Before initiating an arbitration, you and Pronto Networks each agree to first provide the other a written notice (Notice of Dispute), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Pronto Networks INC, Attn: Legal Department, 1550 Parkside Drive #125 Walnut Creek, CA 94596, USA (the Notice Address), (2) emailed at firstname.lastname@example.org, (3) submitted by visiting www.prontonetworks.comPronto Networks will provide a Notice of Dispute to you via the mailing address or email address associated with your Pronto Networks account. You and Pronto Networks agree to make attempts to resolve the dispute prior to commencing an arbitration and not to commence and arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Pronto Networks may commence an arbitration proceeding.
- Arbitration Process and Procedure.
- All disputes shall be determined by binding arbitration (1) administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the JAMS Rules), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) take place telephonically, unless an in-person hearing is specifically requested by either party, in such case in-person hearings shall take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the Minimum Standards), the Minimum Standards in that regard will apply.
- Disputes may also be referred to another arbitration organization if you and Pronto Networks agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. Â§ 1, et seq.
- We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.
- YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY DISPUTE COVERED BY THIS AGREEMENT.
- The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Pronto Networks each agree that all issues regarding the dispute are delegated to the arbitrator to decide, except that a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
- To commence an arbitration, a Demand for Arbitration is required to be executed and served on Pronto Networks. Service of the Demand for Arbitration on Pronto Networks can be mailed to Pronto Networks INC, 1550 Parkside Drive #125 Walnut Creek, CA 94596, USA pursuant to the instructions provided by JAMS to submit a dispute for arbitration. Service of the Demand for Arbitration on you will be sent to you via the mailing address or email address associated with your Pronto Networks account. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf
- Class Action Waiver. YOU AND COMPANY AGREE THAT NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Further, unless both you and Pronto Networks expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
- Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both Pronto Networks and you pursuant to JAMS Rule 12.
- Arbitrator Award. An arbitrator award will consist of a written statement of the disposition of each dispute and a concise written statement of the essential findings and conclusion on which the award is based. The arbitrator decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
- Fees. In the event you commence arbitration, after Pronto Networks receives notice that you have initiated arbitration, Pronto Networks will promptly reimburse you for your payment of the filing fee and Pronto Networks will pay the JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator services.
- Severability. If any part of this Arbitration Agreement is held to be unenforceable by a court or agency of competent jurisdiction, that part may be severed and the remaining provisions will remain in full force and effect.
- Miscellaneous. This Agreement, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described in this Agreement or the brochure that are posted on a Pronto Networks website, and any documents expressly referred to herein or therein make up the complete agreement between you and Pronto Networks, and supersede any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent. Section headings are for descriptive, non-interpretive purposes only. This Agreement is not for the benefit of any third party except Pronto Networks parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. You may not transfer or assign this Agreement or any of your rights or duties under it without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, Pronto Networks shall be released from all liability with respect to this Agreement. The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. Any notice to you or authorized users are treated as delivered to you when left with you, on your wireless device, or on your answering/voicemail service, when sent to any email or fax number you provided us, three (3) days after mailing the notice to the most current address we have on file for you, or upon posting on our website. In the event of a dispute between us, federal law and the laws of the State of California, whether in litigation or arbitration and without regard to choice of law principles or conflicts of laws rules, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. If any provision of this Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We may deny a request for Service from you for any lawful reason. If any part of this Agreement, including any part of its arbitration provisions, is held unlawful, void, or for any reason unenforceable, that part may be severed from this Agreement and the remaining provisions of the Agreement shall remain in full force and effect. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instances. If you have any questions regarding your Service or information in this Agreement, contact Customer Service at www.prontonetworks.com , by calling 1-888-997-4223, or by writing us.