NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (THE "AGREEMENT"). USE OF THE Privus Mobile ® DATA PACKET SERVICE (THE “SERVICE”), CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. I D YOU, LLC (“IDY”) IS WILLING TO PROVIDE THE SERVICE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. YOU AGREE AND UNDERSTAND THAT IDY MAY MODIFY THIS AGREEMENT, MAY MODIFY THE TERMS OF SERVICE, MAY RAISE OR LOWER SERVICE PRICES, AND MAY DISCONTINUE OR REVISE ANY OR ALL OTHER ASPECTS OF THE SERVICE AT ANY TIME AND YOU AGREE THAT IDY MAY DO ANY OF THE FOREGOING WITHOUT FURTHER NOTICE TO YOU.
The Service will be available throughout North America and select International Locations, EXCEPT that there are certain areas where the Service is not currently available or where service may be interrupted for some duration at any given time. You agree that IDY shall not be liable to you if the Service is not available in any given location.
You understand and agree that, subject to the terms and conditions of this Agreement, you will have a non-exclusive, non-transferable, non-assignable individual subscription to the Service (for one cellular phone or mobile device with one phone number only) for the term of this Agreement with certain limited rights to use and access the Service which is being provided to you by IDY. The use of any Service, the Information or any documentation whatsoever provided to you in connection with the Service is licensed, and not sold, to you for use only under the terms of the license contained herein. You understand and agree that the use of the Service is solely for your own use and for the limited purposes described on the PrivsMobile.com site and will not be used for any unauthorized purpose, including, without limitation, modification, reverse engineering, de-compilation or decoding of the software or any other aspect of the Service. You agree to remove the Service software from your system upon the termination of this Agreement.
You may terminate this Agreement at any time by cancelling your subscription on the website where you purchased the Service. You must cancel at least 5 days prior to the termination/expiration of the subscription period or you will be charged for the next billing period of the Service. You understand and agree that you will be incurring recurring charges or fees for the Service and you hereby authorize IDY or an agent acting on IDY’s behalf, to prepare, process and negotiate payments using financial electronic accounts or credit card charge forms for any credit card account designated by you in and for all fees and charges (including, without limitation, all recurring and non-recurring fees and charges) payable by you under the Agreement. You understand and agree that in addition to any charges you will incur hereunder, your wireless service provider may charge you additional fees for the use of the Service or its implementation into your cellular phone or mobile device. Examples of these charges may include charges for internet or world wide web connectivity, fees for receiving emails, SMS or text messages (including messages sent by IDY regarding your Service,) or other charges. You also agree to pay all sales, use and other such governmentally imposed or authorized taxes, fees, surcharges and/or assessments relating to this Agreement. Once your card has been charged, IDY will not make any refunds for any charges billed to your card.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS BEING PROVIDED TO YOU ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. IDY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IDY MAKES NO WARRANTY THAT THE SERVICE, WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IDY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU AGREE THAT IDY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PERSONAL PROPERTY, LOSSES TO REAL PROPERTY OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY RESULTING FROM YOUR USE OF THE SERVICE.
This Agreement is governed by the laws of the State of Texas.