These General Terms of Service (“Terms of Service” or “General Terms” or “Terms”) are between you and Voyager Mobility LLC (“Voyager Mobile” or “us”). These Terms govern our respective rights and obligations. These Terms incorporate by reference all other applicable terms, conditions, limitations and requirements, and constitute the entire agreement and relationship between you and Voyager Mobile. We may make changes to the Terms of Service without notice. Please read the Terms of Service carefully.
These Terms apply to the following: (1) the mobile phones, devices, and accessories we sell; (2) the products and services we offer to our customers; and (3) the service plans, rates, features, and promotions for the wireless devices activated with us. Your wireless services are provided by Voyager Mobility LLC.
The Terms of Service become effective when you accept them by doing any of the following: (1) purchasing or activating a Voyager Mobile phone or device; (2) telling us orally that you accept; (3) using your Voyager Mobile phone or device; (4) making a change to your account or device; or (5) renewing your wireless service by making a payment or starting a new billing cycle/period. If you do not want to accept the Terms of Service, don’t do any of these things and contact Voyager Mobile at 1-855-33-VOYAGER.
When you accept the Terms of Service, you represent that you are at least 18 years of age. You represent and warrant that a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and b) that you are not listed on any U.S. government list of prohibited or restricted parties. You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent, and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service, or your debts, to us without notice.
2. Our Mobile Services
We provide prepaid mobile telecommunications services using the Nationwide Sprint® Network. Our services are for use exclusively with Voyager Mobile phones and devices purchased from us or an authorized retailer. In addition, our services can be used with Sprint® phones and devices eligible for activation with Voyager Mobile through the Bring Your Own Sprint® Phone (BYOSD) program. You cannot use our service with any other mobile phone or device. Voyager Mobile phones or devices cannot be used with any other service or network.
Your available voice airtime may be used for domestic calling in the United States. Voice restrictions may apply as provided in the Terms of Service.
While your Voyager Mobile plan may feature unlimited voice minutes, please be aware that standard voice rates may apply for the recipient of your call(s). Voyager Mobile is not liable for charges imposed by the recipient’s telecommunications provider. The plan we provide is for your use on your Voyager Mobile device and does not extend to your recipient.
Your available text messaging (SMS) allotment may be used to send and receive SMS messages from domestic and international phone numbers. We do not guarantee delivery or receipt of inbound and outbound SMS messages to and from your device. SMS message restrictions may apply as provided in the Terms of Service.
While your Voyager Mobile plan may feature unlimited incoming and outgoing SMS messaging, please be aware that standard messaging rates may apply for the recipient of your message(s). Voyager Mobile is not liable for charges imposed by the recipient’s telecommunications provider. The plan we provide is for your use on your Voyager Mobile device and does not extend to your recipient.
Your ability to access mobile data over the cellular network is determined by your wireless plan. Data restrictions may apply as provided in the Terms of Service.
We may offer you additional features to enhance your wireless experience. Certain features may incur an additional monthly charge. Features may not be available on all plans and devices.
Our wireless plans and features provide you with thirty (30) consecutive days of service. Your wireless plan and features must be renewed by making a payment by the due date listed on your invoice. Our service plans and pricing may change at any time without notice.
Unlimited does not mean unreasonable. Our services are for personal use only, unless other noted as Business, Enterprise, or Corporate. We have determined that placing abnormally high numbers of calls, sending or receiving unusually high numbers of messages, using unusually high amounts of cellular data, or repeatedly placing calls of unusually long duration relative to typical usage by other customers on similar service plans suggests that a mobile phone or device is being used other than for general personal use in violation of the Terms of Service. At our sole discretion, we may suspend or terminate any account without notice.
Voice services are provided solely for live dialogue between two individuals and may not be used for monitoring services, data transmissions, or other connections that do not consist of uninterrupted live dialogue between two individuals. Our mobile phones, service, and phone numbers may not be used for pager, forwarding, or voicemail-only service. At our sole discretion, we may terminate any account without notice primarily used for pager, forwarding, or voicemail-only service. Our mobile phones may not be used for mobile hotspots, device tethering, or similar features. At our sole discretion, we may terminate any account without notice primarily used for mobile hotspots, device tethering, or similar features. Our mobile phones and devices may not be purchased in bulk or sold to third parties.
You agree not to use our services in any way that is abnormal, illegal, fraudulent, threatening, or abusive, as we determine in our sole discretion.
3. Device Hardware and Software
You may not alter any of the hardware or software on your mobile phone for any purpose. We may change your mobile phone’s software, applications or programming remotely and without notice. This may affect stored data or other personal information or programming on your mobile phone for which we are not responsible.
The software and content on our mobile phones and devices, including the operating system, applications, data, information, music, games, images, text and other material, are owned by us or our business partners. You are permitted to use this software and content solely in connection with your use of your Voyager Mobile phone or device with our service as expressly authorized under the Terms of Service. You may not distribute or upload any pre-loaded software or content to another mobile phone or device, or transmit or broadcast the software or content, or otherwise copy or use the software or content in any manner not expressly authorized under the Terms of Service. If you violate the Terms of Service, including without limitation by using one of our mobile phones or devices on another network without our prior written consent, by modifying any hardware or software on our mobile phones or devices, or by distributing, copying or otherwise using any of the software or content on one of our mobile phones or devices in a manner that is not authorized by the Terms of Service, your license to the software and content will terminate immediately and your continued use will constitute copyright infringement.
4. Network and Geographic Conditions
Our service is only available in geographic areas covered by the digital service network footprint of the Nationwide Sprint Network. Local phone numbers, including number port-ins, may not be available in certain markets.
Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond our control, including atmospheric, geographic, or topographic conditions, or by damage to your mobile phone or device. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. Any statements or maps provided by us, our agents or dealers about coverage are intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on your mobile phone for emergency calls, including to 911.
5. Our Right to Make Changes
Our service is provided at our discretion. We may change our Terms of Service, including our plans and pricing, from time to time. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of the Terms of Service. We reserve the right to terminate any account at our sole discretion without notice. Check our website (www.voyagermobile.com) for the most current pricing and Terms of Service.
6. Switching between Service Plans
Unless otherwise provided in these Terms of Service, you may switch current service plans. When you switch service plans, you will not receive a refund of any portion of any previously paid service charges and you will lose all of your remaining unused minutes, messages, data allotment, time, and/or credit. For that reason, if you are on a monthly plan, we recommend that you switch at the end of your monthly billing cycle. Some service plans are available only on certain phones. Check our website (www.voyagermobile.com) for details and options. Repeated plan switching is not permitted and may result in termination of service.
7. Account History and Usage
You can request an electronic statement detailing 60 days of account history and usage records by calling Voyager Mobile at 1-855-33-VOYAGER. We are unable to retrieve your account history past 60 days. You may be assessed a Detailed Billing Fee. If you deactivate your service or change your mobile phone number, we may not be able to retrieve your previous account history.
8. Account Verification and Reviews
To help us prevent and fight fraud, we reserve the right to verify all account information provided to us. This may include third party verification services. We may suspend or terminate accounts that do not comply with our account verification requests. For business accounts, we may conduct a credit investigation on the business/organization and its owners, officers, and managers.
9. Taxes, Fees, and Surcharges
Stated prices for our services do not include certain taxes, fees, or surcharges. We may charge state and local taxes on some wireless plans and purchases. Charges may also include a surcharge for federal and state Universal Service Fund contributions and state and local 911 fees, as well as cost recovery surcharges. The amount of these taxes, fees, and surcharges are subject to change and may vary from time to time and by geographic area. Fees are assessed to help defray our costs incurred in complying with federal and state telecommunications regulations. Fees are not taxes that the government requires from consumers. Taxes, fees, and surcharges are subject to change without notice.
We offer prepaid wireless service with no term contract. Your account balance must be paid in full by the payment due date. If we do not receive your full payment by the due date, we may suspend your mobile service.
b. Payment Methods
We accept payments (“payment methods”) via Visa, MasterCard, Discover, American Express, and Electronic Check (ACH draft). In addition, we accept paper checks via US Mail. All payments are subject to verification by third party providers. Charges for your selected services are deducted from your payment method. If our pricing changes, you agree to allow us to charge the most current price for your selected services. If you have incurred charges or fees that were not charged prior to your account balance reaching zero, we may deduct these outstanding unpaid charges and fees at a later time. Our services are prepaid and account balances must be paid in full by the payment due date, or your service is subject to suspension.
c. Additional Charges
Voyager Mobile fees are listed on our website (www.voyagermobile.com/legal/fees) for your convenience. Please be aware that fees are subject to change without notice.
We will charge you for each call to directory assistance plus airtime charges for minutes used. We will charge you for additional features or data packages you add to your device or account in the middle of a billing period. We do not prorate charges for our services.
d. Discounts and Promotions
You may be eligible for discounts or promotions on your wireless service or device purchase. Discounts and promotions are only available for wireless devices activated directly with Voyager Mobile. Wireless devices activated with an Authorized Dealer, Retailer, or Partner are not eligible for discounts or promotions. Discounts and promotions are subject to change or end at any time without notice. For verification purposes, we may request additional documentation to assist us in determining your eligibility for discounts and promotions. Eligibility requirements are subject to change.
Discounts and promotions may have additional terms, conditions, and requirements for eligibility. In no case shall any additional terms, conditions, or requirements for discounts or promotions supersede the terms provided in the Terms of Service.
e. Disputed Charges
If you think that there has been an error in any charge to your account, you must notify us promptly after the charge appears on your account. Contact Voyager Mobile at 1-855-33-VOYAGER, and one of our advisors open a ticket to investigate your claim. If you do not promptly notify us, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate and was raised by you in a timely manner, we will credit, refund, or provide other compensation to you. If we credit, refund, or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings. We are not liable for any charges for products or services provided by third parties through and for use on our mobile phones, devices and network. If an unauthorized or disputed charge for a third-party product or service appears in your account history, you must contact that third party directly.
f. Account Suspension Related to Chargebacks and Returned Payments
If we have charged or attempted to charge your payment method for a transaction that we deem is authorized and valid under the Terms of Service, and the credit/debit card company, bank, or PayPal withholds such payment because the charge has been disputed (a “Chargeback”) or returned as non-payable (“Returned Item”), we reserve the right to suspend your access to our services indefinitely until the Chargeback or Returned Item is paid in full and deemed cleared. We reserve the right to terminate your account and we will assess you a termination charge equal to the prorated balance of your account, which is non-refundable. If your account is reactivated, you may be charged a fee for each Chargeback or Returned item. We reserve the right to begin collection efforts on payments that we deem authorized and valid. We may refer these collection efforts to third party companies.
Payments to Voyager Mobile are non-refundable. We do not refund monthly service charges, activation fees, or any other payment.
11. Voyager Mobile Store
We sell devices, accessories, SIM cards, and gift cards through the Voyager Mobile Store. Most orders you place with the Voyager Mobile Store are directly processed and fulfilled by Voyager Mobility LLC. Some orders may be processed and fulfilled by third party companies and vendors. We do not handle, warranty, guarantee, or service any order that is not directly processed and fulfilled by Voyager Mobility LLC. If you need assistance with an order completed by a third party company or vendor on the Voyager Mobile Store, please contact that company directly.
Glyde is a third party provider of used wireless devices and is authorized to sell its products on the Voyager Mobile Store. Used phones throughout the Voyager Mobile Store are processed and fulfilled by Glyde. If you need assistance with an order completed by Glyde, please contact them at firstname.lastname@example.org. Voyager Mobile is unable to assist, service, warranty, or refund orders completed with Glyde.
Devices purchased from Glyde may not have a warranty and may not be returnable. Please contact Glyde for information.
We ship most orders on the Voyager Mobile Store with the United States Postal Service. Large orders can be shipped with UPS or Fedex. We do not bill receiver accounts.
c. Gift Cards
We sell Voyager Mobile gift cards on the Voyager Mobile Store. Gift cards are available in denominations of $25, $50, and $100. Gift cards are like cash. They can be used for any payment to Voyager Mobile or the Voyager Mobile Store. Gift cards do not expire. We cannot replace lost gift cards.
d. Returns and Refunds
If you purchased from the Voyager Mobile Store and would like information on return options, please contact Voyager Mobile at 1-855-33-VOYAGER for return instructions. Returns will not be accepted without prior return authorization from Voyager Mobile. Please allow 4-6 weeks for refund processing.
If you purchased a new device from our website that has not been activated, you may request a refund of the original purchase price, minus shipping costs, within 14 days from when you receive the device. You must have the original receipt, packaging materials, and all components of the device. Your return will not be processed if parts or packaging is missing.
If you purchased a new device from our website that has been activated, you may request a refund of the original purchase price, minus a $35 restocking fee and shipping costs, within 14 days from when you receive the device. You must have the original receipt, packaging materials and all components. There is a $35 restocking fee for any returned device that has been activated – regardless of the return reason.
If you purchased a refurbished or used device, SIM card, accessory, or gift card from the Voyager Mobile Store, then your purchase is final and non-refundable.
If you purchased your device from a retail location, you may request a refund in accordance with the store’s return policy. Please repack the mobile phone or device and all components and bring it to the store at which you purchased it. A receipt may be required and a restocking fee may apply. See store for details. Returns accepted at the store’s discretion.
12. Device Warranty
All new mobile phones and devices purchased directly from the Voyager Mobile Store include a one-year warranty from the original equipment manufacturer. If you experience a mobile phone or device malfunction, call Voyager Mobile at 1-855-33-VOYAGER. We cannot provide replacement phones, nor storage and transfer of data on the device.
Used and refurbished phones and devices, SIM cards, devices from Glyde, and gift cards do not have a warranty.
13. Lost or Stolen Equipment
If your mobile phone or device is lost or stolen, you are responsible for usage and charges incurred until you notify us of the loss of your mobile phone or device by calling Voyager Mobile at 1-855-33-VOYAGER. Upon receiving notice that your mobile phone or device is lost or stolen, we will suspend service to your account and mark the device as Lost or Stolen. We do not suspend billing, even if the device is marked as Lost or Stolen. Standard billing rules apply, which may result in the loss of your mobile phone number, if your wireless bill is not paid.
14. Mobile Phone Number
The mobile phone number we provide for your use is and will remain our property. If you cancel your service or your account is deactivated, we may give the mobile phone number to another customer without notice (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations). We may also change your mobile phone number at any time, although we will notify you prior to any change. If you cancel your wireless service or your account is suspended, you may not be able to transfer your mobile phone number to another telecommunications provider. We are unable to retrieve mobile phone numbers that have been deactivated, canceled, or expired. We are not liable for mobile phone numbers that have been transferred out of Voyager Mobile.
15. Keeping Your Old Phone Number
Depending on where you live, you may have the opportunity to transfer an existing wireless or wireline carrier telephone number to our service for use as your mobile phone number. To switch an existing phone number to us, contact Voyager Mobile at 1-855-33-VOYAGER. Before you call, please have a bill from your existing wireless or wireline carrier available. When you switch from another wireless carrier to Voyager Mobile, you may have to pay a termination penalty to your former carrier if you terminate your contract early. We will not reimburse you for any fees imposed by other carriers.
You will not be able to switch your area code without receiving a new local number as well. For example, if you move from San Francisco to New York City, and your San Francisco number was 415-123-4567, you may keep 415-123-4567 as your number, but you may not switch your number to 212-123-4567. Although you may keep your old number and old area code, you should be aware that your New York friends may pay long distance charges when they call your San Francisco number from the New York area.
During the number transfer process and for twenty-four (24) hours following a successful device activation (“porting process”), you may have limited connectivity with your local 911 dispatchers. Should you be disconnected from a call with 911 dispatchers, redial 911 immediately. They may not be able to call you back.
We are not liable for device and network connectivity issues that occur during the porting process.
16. Specific Terms and Restrictions regarding Data Services
Unlimited Does Not Mean Unreasonable
If your plan includes data services, such services are provided solely for personal use and for the purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your mobile phone or device regardless of who initiates the activity. You may not use the data service: (1) with server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing or other systems that drive continuous heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; (3) with “auto-responders”, “cancel-bots”, or similar automated or manual routines which generate excessive amounts of traffic, or which disrupt user groups or email use by others; (4) for tethering your mobile phone to a personal computer or other hardware; (5) using your device as a mobile WiFi hotspot; (6) to send “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); or (7) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties’ Internet-based resources. We reserve the right to limit, suspend or terminate your service without notice and at our sole discretion for any misuse of our network or violation of these Terms of Service.
Data services allow you to access the Internet to view, download and send text, pictures, games, graphics, music, email, sound and other materials (“Content”). Some Content is available from us or our business partners, while other Content can be accessed from other third-party websites or services. Content may be unsuitable for children or minors, unreliable, inaccurate, offensive, indecent or objectionable. You are solely responsible for evaluating the Content that you or anyone using your mobile phone or device access. We strongly recommend that you monitor Content access by children or minors. Prior to accessing certain Content, we may require you to provide some personal information to verify that you are at least 18 years of age. Content from third parties may also harm your mobile phone, device or its software. We may place restrictions on accessing certain Content, impose separate charges, limit the amount of data you can access or transfer, or otherwise limit or terminate services.
We do not endorse the Content, features, or software offered by third parties. Your relationship with providers of Content is between you and them. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT OFFERED BY A THIRD PARTY THAT YOU MAY UTILIZE OR OTHERWISE ACCESS WHILE USING YOUR MOBILE PHONE OR DEVICE, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We have no control over the Content on any website that you may access via your mobile phone or device. We strongly recommend that you use good judgment and care in sharing any personal information about yourself. The Content provided by us and our business partners is for your private, non-commercial use only. You may not sell or resell Content. You may not upload and transmit or broadcast Content in public places. You will be solely responsible if you engage in any unauthorized use of Content.
In the event that you lose access to Content you have purchased, regardless of the reason for such loss, including without limitation the failure of your mobile phone, device or computer, we may not make such Content available to you free of charge.
Our rights to license to you certain of the Content may expire or may be changed at any time and without notice. We will not extend your rights to such Content, and will not provide any reimbursement of any fees or other amounts paid to us for Content. You may contact us to request replacement Content, but we will not be required to provide any such replacement Content.
17. Acceptable Use of Our Products and Services
You may not use your Voyager Mobile phone or device, or our service, for any illegal purpose, including to harass, threaten, abuse, defame or slander any individual or entity. You may not use our service in a manner that interferes with another customer’s use of our service. We may terminate your services at our sole discretion without notice.
18. Objectionable or Offensive Content
You may not publish, copy, reproduce, upload, download, post, distribute, edit, modify, or otherwise transmit (“Post”) any Content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, or otherwise objectionable, or that infringes upon or otherwise violates others’ rights, including privacy rights.
19. Unlawful Content
You may not Post any Content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity or that violates any of our rules or policies.
20. Soliciting Information
You may not Post any Content that solicits any information from other customers or involves any commercial activities, including advertisements.
21. Infringing Content
You may not Post any Content that may infringe on or otherwise violate any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying, or distributing of any Content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games, or videos. By posting any Content, you represent that you have legal rights to use, distribute, and publish such Content.
22. Harmful Content
You agree not to Post any Content that contains viruses, worms, time bombs, or other similar programs.
23. Removal of Content
We reserve the right, in our sole discretion, to remove or delete any Content that you Post on our service that violates the Terms of Service or is otherwise deemed objectionable by us in our sole discretion. We may delete Content that you have downloaded or limit the amount of Content that you may download during any given period.
24. Suspension or Termination of Service
We reserve the right to issue a warning, suspend, or terminate your wireless service, access to our website (www.voyagermobile.com), social media, or any other website we operate if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies.
25. Storage of Content
Some Content may not be stored or processed because of memory limitations. You agree that we are not liable for the deletion of or failure to store Content, and, in compliance with the Terms of Service, you should store photographs and other information permanently by using another means, such as a CD-R or personal computer. Content may expire within 60 days of its original download unless you otherwise request its retention and/or preservation. A password may be required to use or access Content. The ability to make use of certain downloadable Content requires the use of a compatible mobile phone and is subject to certain functionality limitations such as memory, processor speed, and graphics capability. We will disclose to third parties any Content necessary to respond to claims that such Content violates the rights of third parties.
26. Unsolicited Messages
If you intentionally send spam from your Voyager Mobile device or service, we may terminate your service without further notice. If we terminate your service, your account will be deactivated, you will lose your mobile phone number, and we will assess you a termination charge equal to the prorated balance in your account, which is not refundable.
27. Blocking Messages
You have the ability to block all incoming and/or outgoing text messages from delivering to your phone by contacting Voyager Mobile at 1-855-33-VOYAGER.
28. Use of Applications
Not all applications will work on all of our mobile phones, and some applications may not be available in all areas. Use of certain applications may require the disclosure of personal information subject to the policies of the companies that offer such applications.
29. Location-Based Services
Location-based services use and provide information based on the location of your mobile phone. When you turn on your mobile phone, it automatically communicates with our network and relays its current location unless you have turned off your mobile phone’s location functionality. The accuracy of location-based services may be affected by circumstances beyond our control, including atmospheric, geographic or topographic conditions. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location, or that service will be provided without interruption.
By using our location-based services, you consent to have us or our business partners electronically collect, monitor and track your physical location and the location of your mobile phone. We collect and disclose your location information only to provide you with the location-based services you have requested, or in emergency situations as prescribed by law. If you allow others to use your mobile phone, you are responsible for informing these users that their location information may be collected or disclosed. We will not provide your location information to third parties without your consent other than as prescribed by law.
30. Pay-Per-Call Services
We will not directly complete any calls to 1-900, 1-976 or other pay-per-call services.
31. International Calling and Roaming
We will not directly complete any calls to international numbers. Your wireless plan is to be used for voice calls to US-based phone numbers only. Your domestic wireless plan does not include domestic or international roaming. Your device will not work outside the Voyager Mobile calling area.
32. Safety and Security
We are not responsible for the content or security of voicemail, messages or contact lists you create.
Use your mobile phone and device in a safe manner that does not create a risk to your safety or the safety of others around you. While driving, always use a hands-free device and never use your mobile phone to send text messages. Always use your mobile phone and device in accordance with all applicable laws and regulations.
33. Use of Your Customer Information
To comply with appropriate legal process, we may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information or other transmission data properly requested by law enforcement.
34. Voyager Mobile Website
35. Calls to Voyager Mobile
Please call Voyager Mobile at 1-855-33-VOYAGER or dial 611 from your active Voyager Mobile phone for assistance with device activation, account management, technical support, and billing issues. All calls to Voyager Mobile are subject to monitoring and recording.
36. Dispute Resolution
We and you each agree to contact each other first with any disputes. You must contact us with any dispute by calling Voyager Mobile at 1-855-33-VOYAGER or by writing to us at:
Voyager Mobility LLC
P.O. Box 32069
Knoxville, Tennessee 37930
Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided us or on your mobile phone. We each agree to negotiate in good faith to resolve any dispute.
37. No Trial by Jury
If a claim proceeds in court, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.
38. Limitation of Liability
We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, by virtue of the Terms of Service or your use of our mobile phones and services. You also agree we are not liable for missed voicemails or deletion of contacts from your address book, Content, or lost messages from your voicemail system.
We do not manufacture our mobile phones or other equipment. The only warranties applicable to our mobile phones or other equipment are those extended by the manufacturers. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers’ acts or omissions.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. We expressly disclaim any and all implied warranties. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof) resulting from your use of our products and services, or use of our products and services by another person who uses your mobile phone and/or our products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.
41. Effect of Terms of Service
The Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of the Terms of Service. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.
Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand or otherwise, shall be subject to the exclusive jurisdiction of the federal, state, or county courts located in Knox County in the State of Tennessee.
You must notify us by mail. Please mail notices to us at:
Voyager Mobility LLC
P.O. Box 32069
Knoxville, Tennessee 37930
Notices will be considered effective after we receive them. If you are unable to resolve your concerns with us, you may file a complaint with the Federal Communications Commission, Washington, DC 20554. Any notice we send you will be sent to your last known residence address, last known electronic address as shown on our records, or by text message to your Voyager Mobile phone.
You agree to comply with all trade regulations and export control laws, both domestic and foreign. Our mobile phones, equipment, software, and any underlying information accessed or transferred by you using our services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. You agree not to export or re-export any our mobile phones, equipment, or software to any foreign country. Any information transferred by you using our services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.
Effective as of 07/01/2015