In this Agreement, “we,” “us,” “our,” or “MVP” refer to MVP Recovery, Inc. and its affiliates.
“You,” “your,” “customer,” or “user” refer to an account holder or user with us.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. NOTE THAT A DIFFERENT DISPUTE RESOLUTION PROCESS MAY APPLY FOR SERVICES PROVIDED BY ANOTHER COMPANY, SUCH AS YOUR NETWORK CARRIER, BUT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT STILL APPLY TO OUR SERVICES.
When Your Agreement Begins
This Agreement becomes effective when you do any of the following:
(a) You accept the Agreement through an oral or electronic statement;
(b) You attempt to or in any way use the Services;
(c) You pay for the Services; or
(d) You open any package or start any program that says you are accepting the Agreement by doing so. If you do not want the Agreement to begin, do not do any of these things.
(e) You may have a device that has 1 year of service included therefore any additional charges will not occur unless you decide to continue your service after completing the 1 year upon activation. Continued service is based on monthly or yearly plans set out on our website or through “MVP” representatives.
Some of the Services we offer (for example, relating to rate plans or Device discounts) require you to continue these Services with us for a minimum term, usually 1, 2, or 3 years (“Term Commitment”).
After your Term Commitment expires, your Services will continue month-to-month unless you agree to extend your Term Commitment or agree to a new Term Commitment – for example, by accepting a new rate plan or upgrading your Device.
Early Termination Fee
You will be charged an Early Termination Fee for each subscription that you terminate before the end of the Term Commitment or for each line of Service that we terminate early for good cause (for example, if you violate the payment or other terms of the Agreement). If the Early Termination Fee applies, you will be charged $100.00. As explained directly below, there are instances when you will not be responsible for an Early Termination Fee.
You are not responsible for paying an Early Termination Fee when terminating Services:
(a) which are provided on a month-to-month basis;
(b) consistent with any published trial period return policy; or
(c) in response to a materially adverse change we make to the Agreement as described herein.
Our Right to Interrupt or Terminate Your Service
We may interrupt or terminate your Services without notice:
(1) for any conduct that we believe violates this Agreement;
(2) if you exceed an Account Usage Limit (“AUL”);
(3) if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives;
(4) if we discover that you are underage;
(5) if you fail to make all required payments when due;
(6) if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that
(i) is harmful to, interferes with, or may adversely affect our Services,
(ii) interferes with the use or enjoyment of Services received by others,
(iii) infringes intellectual property rights,
(iv) results in the publication of threatening or offensive material, or
(v) constitutes a security risk or a violation of privacy;
(7) if you provided inaccurate credit information;
(8) if we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit;
(9) if you modify a Device from its manufacturer specifications or alter it in any way that mechanically is not intended by this Agreement, such as removal of the SIM card; or
(10) if we believe the action protects our interests or any customer’s interests.
Your Right to Terminate Service
You can terminate Service at any time by calling us and requesting that we deactivate your Service. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services. Except as provided above, you must also pay us an Early Termination Fee for each applicable line of Service that you terminate. Our Right to Change the Agreement and Your Associated Rights
We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding your Services at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates or administrative charges)either in your monthly bill or separately. If we increase the price of any of the Services to which you subscribe, beyond the limits set forth in your Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the e-mail address that you have identified to us at the time of purchase, as amended by you from time to time, or otherwise). In response to our changes to the Agreement as described above, you may terminate this Agreement without paying an Early Termination Fee only if you:
(a) call us within 14 days after the date you are notified of the change; and
(b) specifically advise us that you wish to cancel Services because of a material change to the Agreement. If you do not cancel Service within the 14-day period, an Early Termination Fee will apply if you are terminating Services before the end of any applicable Term Commitment.
Credit Checks and Credit Information
We agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies. You agree to provide information we may request or to complete any applications we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services, or place limits or conditions on the use of our Services.
You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.
Account Usage Limits (“AUL”)
An AUL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud or criminal activity) we place on the amount of unpaid voice or text/SMS charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count towards an AUL. If you have an AUL, we may suspend your Services without prior notice if your account balance reaches the AUL, even if your account is not past due. We may impose or increase an AUL at any time with notice. An AUL is for our benefit only and should not be relied on by you to manage usage.
Deposits and Returning Deposits.
We may at any time require a deposit, as a guarantee or partial guarantee of payment, for you to establish or maintain Service (“Deposit”). By providing us a Deposit, you grant us a security interest in the Deposit for all current or future amounts owed to us. We may change the Deposit at any time with notice. You may not use a Deposit to make or delay payments. The Deposit, the length of time we hold the Deposit, and changes to the Deposit are determined based on your credit history, payment history and other factors. Unless prohibited by law, we may mix Deposits with our other funds. Deposits will not earn interest and we reserve the right to return the Deposit as a credit on your invoice at anytime. If your Services are terminated for any reason, we may keep and apply your Deposit to any outstanding charges. We will send any remaining portion of Deposit to your last known address within 90 days after your final
invoice – if it is returned to us, we will forward it on to the appropriate state authorities to the extent required by law. Your Device Number
Your Device is designed exclusively for use on our network and in other coverage areas that we make available to you. Except for any legal right you may have to port/transfer your Device number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
Warranty Subject to the exclusions contained below, MVP warrants its Devices and accessories (“Products”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy, and applies as follows only to new devices and/or new accessories purchased.
(1) Term. The Products shall be covered under this warranty for a period of Two (2) year from the date of purchase regardless of when the products are actually received.
(2) Exclusions. The following are excluded from coverage under this warranty:
a. Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage;
b. Ornamental Decorations. Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage;
c. Batteries. Only batteries whose fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this limited warranty;
d. Abuse & Misuse. Defects or damage that result from:
(i) improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse;
(ii) contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food;
(iii) use of the device or accessories for commercial purposes or subjecting the device or accessory
to abnormal usage or conditions; or
(iv) other acts which are not the fault of MVP, are excluded from coverage;
e. Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than MVP, or its authorized service centers, are excluded from coverage;
f. Altered Products. Devices or accessories with
(i) serial numbers or date tags that have been removed, altered or obliterated;
(ii) broken seals or that show evidence of tampering;
(iii) mismatched board serial numbers; or
(iv) nonconforming or non-MVP housings, antennas, or parts, are
excluded from coverage;
g. Communication Services. Defects, damages, or the failure of products and Services due to any communication service or signal you may subscribe to or use with the products and Services is excluded from coverage.
(3) Transferability. This warranty extends only to the first consumer purchaser, and is not transferable.
(4) Actions. MVP, at its option, will at no charge repair, replace any Product that does not conform to this warranty. We may use functionally equivalent
reconditioned/refurbished/pre-owned or new products, accessories or parts. No data, software or applications added to the device or accessories, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a backup prior to requesting service.
(5) How to obtain warranty service. To obtain warranty service, please contact MVP at the address or telephone number found on our website.
(6) Limited Products Warranty. THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED
UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE
PURCHASER AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF
IMPLIED. IN NO EVENT SHALL MVP BE LIABLE, WHETHER IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Note:
Some countries, states, and jurisdictions do not allow the limitation or exclusion of incidental or
consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply. This warranty gives you specific legal rights, and you may also have other rights that vary from one legal jurisdiction to another.
MVP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. MVP DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES ASSOCIATED WITH THE PRODUCTS. MVP DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. PURCHASER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF MVP TO ANY END-USER OR OTHER THIRD PARTY.
Coverage; Where Your Device Will Work; Technical Limitations
Services that rely on location information, such as GPS and Cell ID, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, the functionality of various satellites, cell towers, clouds, and other factors. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and Services will not work, under such circumstances.GPS location readings are inherently subject to “bounce” which can affect accuracy in varying increments, generally not exceeding 500 ft, but on occasion in excess of 2000 ft. If you have subscribed for optional Cell ID service, you understand that Cell ID is subject to technical limitations and is generally not as accurate as GPS. Moreover, Cell ID depends on availability of cell tower communications which might be weak or non-existent in certain areas. You understand and expressly limit and agree to hold harmless any and all harms that result from the Device or Services not working, malfunctioning, or failing except as specifically provided herein. Activation & Miscellaneous Charges
Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
Account & Service Charges; Pro-rating; Unused Minutes
You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges, taxes, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials we may send to you.
Your bill provides you notice of your charges. It reflects monthly recurring charges (usually billed one bill cycle in advance) and usage/transaction specific charges (usually billed in the bill cycle in which they’re incurred). Your bill may also include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). Your bill will only be available via the Internet. You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
Your Payments; Late Fees; Overages Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs, including attorney’s fees, we pay to a collection agency to collect unpaid balances from you. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned
checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier’s check, money order, or any other reasonable method at any time at our sole discretion. If you exceed the number of text messages allowed by your Agreement, you will be charged an overage rate of 45 cents per domestic command and 99 cents per international command.
Taxes & Government Fees
You agree to pay all federal, state and local taxes, fees and other assessments that we’re required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
Disputing Charges – You Must Still Pay Undisputed Charges Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed
charges must still be paid as stated on your bill.
You Service plan options are as described on our website, which may be modified at the Company’s discretion from time to time.
Your Device is capable of monitoring. If you have selected a service plan that provides voice monitoring, you may add 30 minutes per month of voice monitoring for a set monthly fee as set forth on the website. If you go over your allotted 30 minutes of voice monitoring, you agree to pay an additional charge at the ten applicable rates set forth in our Polices for each additional minute, rounded up to the next full minute for domestic calls only. In the instance that the voice monitoring is international, you will pay an enhanced rate depending on the rate charged for the service.
Your Device is set to operate both domestically and may also operate internationally. However, you will be charged additional fees if the Device is in a country other than the United States and is utilized. The rate on these fees shall be an additional $1.50 per message sent. For example, if you have the ‘bread crumbing’ feature activated with a Device that is located in country outside the United States, you will be charged your standard rate for your Service as well as $1.50 per text sent from the Device. Depending on the amount of time the Device is outside the USA, this could be very costly.
You agree to make payments on or before the day of the purchase of each month in the amount set forth in your Agreement plus additional taxes, fees, or surcharges as provided for in this Agreement. You hereby authorize us or our assigns or agents to charge your credit card a monthly recurring fee during the pendency of your contract in the full amount of the bill owing. You will receive a monthly statement detailing your bill as provided above. This bill may be sent electronically or in a hard copy via mail.
In addition to late fees, interest and other applicable charges, you agree to pay all costs of collection, including charges that we incur with a collection agency. If your account is assigned to a collection agency, you will be charged a fee of $25 for each occurrence. We reserve the right to report delinquent account to credit agencies, which might impact your credit score.
Compliance with Law
The Devices and Services are intended to be used in a lawful manner. You are responsible for using your Device and the Services in a manner that complies with applicable local, state, regional, federal or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. MVP will not render advice on the legality of a particular use. If you are unsure of the legality of a particular use, please consult your legal counsel. You agree to indemnify and hold MVP harmless from your unlawful use of a Device or Service.
General Limitation of Liability
TO THE FULL EXTENT ALLOWED BY LAW YOU HEREBY RELEASE, INDEMNIFY, AND HOLD MVP AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, SERVICE PROVIDED BY MVP OR ANY PERSON’S USE THEREOF OR OF THE DEVICE, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF MVP, OR ANY VIOLATION BY YOU OF THIS AGREEMENT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF YOUR SERVICE WITH MVP.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. We will contact you by mail at your billing address, at your email address, or by telephone. Instead of suing in court, we each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as with a judicial proceeding, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
- “Disputes” are any claims or controversies against each other related in any way to our
Services or the Agreement including, but not limited to, coverage, Devices, privacy, or
advertising, even if it arises after Services have terminated. This includes claims you
bring against our employees, agents, affiliates or other representatives, or that we bring
- If either of us wants to arbitrate a dispute, we agree to send written notice to the other
providing a description of the dispute, previous efforts to resolve the dispute, all
supporting documents/information, and the proposed resolution. Notice to you will be
sent to your address provided us when you sign up for our service, and notice to us will
be sent to the Company’s mailing address set forth on the Company’s website. We agree
to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five
(45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s
provisions, not state law, govern all questions of whether a dispute is subject to
- Unless we each agree otherwise, the Arbitration will be conducted by a single neutral
arbitrator and will take place in the county of your last billing address. The federal or
state law that applies to the Agreement will also apply during the arbitration.
- We each agree not to pursue arbitration on a classwide basis. We each agree that any
arbitration will be solely between you and us (not brought on behalf of or together with
another individual’s claim). If for any reason any court or arbitrator holds that this
restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t
apply and the dispute must be brought in court.
- We each are responsible for our respective costs relating to counsel, experts, and
witnesses, as well as any other costs relating to the arbitration.
Exceptions To Our Agreement To Arbitrate Disputes
Either of us may bring qualifying claims in small claims court in Colorado County, State of Colorado. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN
ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of Florida, without regard to the conflicts of law rules of that state. If either of us waives or does not enforce a requirement under this Agreement, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The Agreement as defined herein makes up the entire agreement between us and supersedes any prior written or spoken agreements. You cannot rely on any contradictory statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.
MVP may assign the rights to this contract to third parties at our sole discretion without input or consent from you.