These are terms and conditions concerning your use of the American Messaging
Website for Online Billing. By accessing and using this site, you agree to be
bound by the following terms and conditions in addition to and subject to the
terms and conditions of your current PAGING SERVICE AGREEMENT AND YOUR PRICE
PLANS, WHICH ARE INCORPORATED HEREIN BY REFERENCE. THE TERMS OF YOUR CURRENT
PAGING SERVICE AGREEMENT AND YOUR PRICE PLANS WILL CONTROL IN EVENT ANY CONFLICT
BETWEEN THEM AND THIS WEBSITE. THESE DOCUMENTS ESTABLISH AMERICAN MESSAGING'S
LEGAL RIGHTS CONCERNING PAYMENTS, CREDITS, CHARGES, STARTING AND ENDING SERVICE,
EARLY TERMINATION FEES, LIMITATIONS OF LIABILITY, SETTLEMENT OF DISPUTES BY
NEUTRAL ARBITRATION INSTEAD OF JURY TRIALS AND CLASS ACTIONS, AND OTHER IMPORTANT
PLEASE READ YOUR PAGING SERVICE AGREEMENT, PRICE PLAN AND THESE TERMS AND CONDITIONS.
1. Online Billing
To the extent you utilize American Messaging's online services, you acknowledge
that there cannot be a guarantee that communications or transactions conducted
online will be absolutely secure. You further acknowledge that there may be
system failure that may limit your ability to use the online services. You agree
to assume all risk and liability arising from your use of American Messaging's
online services, including the risk of breach in the security of the communications
or transactions you conduct with American Messaging online. American Messaging's
online services are provided "As Is" without warranty of any kind, whether expressed
or implied, including without limitation the implied warranties of merchantability
fitness for a particular purpose or otherwise.
You are solely responsible for maintaining the confidentiality of your password,
and agree that American Messaging will have no obligations with regard thereto.
You agree not to give your password to anyone. If you believe your password has
been lost or stolen or someone has gained access to your password without your
permission, call us immediately at 1-888-247-7890. If you use a third party bill
payment vendor (or distributor) to pay your American Messaging bill and you disclose
to such vendor your username, password, account number and billing zip code,
American Messaging will not be responsible for the accuracy and timeliness of
your bill payments.
For purposes of identification, billing and marketing, you agree to provide
American Messaging with current, accurate, complete, and updated information
required by the registration for Online Billing, including legal name, address,
telephone number(s), and applicable payment data (e.g. bank account number).
You agree to notify American Messaging immediately of any changes in your
registration data. Proceeding with the registration process indicates your
intent to comply with this term. Please review our Privacy Statement.
INSTEAD OF SUING IN COURT, YOU AND WE AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN
SMALL CLAIMS) ONLY BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT.
THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD
THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS
AGREEMENT AS A COURT WOULD. TO THE FULLEST EXTENT PERMITTED BY LAW WE EACH
AGREE AS FOLLOWS:
2.1 THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY CONTROVERSY
OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT
FOR WIRELESS SERVICE WITH US OR ANY OF ITS AFFILIATES OR PREDECESSORS IN
INTEREST, OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS
AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR
SERVICES, WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS ON AN INDIVIDUAL
BASIS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER
BUSINESS BUREAU ("BBB") AS DESCRIBED BELOW. (IF YOUR LOCAL SMALL
CLAIMS COURT OFFERS ARBITRATION, YOU MAY ALSO USE THAT PROCESS FOR ANY DISPUTE
THAT QUALIFIES.) THIS DOES NOT CHANGE YOUR SUBSTANTIVE RIGHTS, JUST THE
POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY
ISSUES YOU MAY HAVE TO THE ATTENTION OF APPROPRIATE FEDERAL, STATE, OR LOCAL
GOVERNMENT AGENCIES AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST
US ON YOUR BEHALF.
2.2 FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY ARBITRATION
("WIA") RULES WILL APPLY. FOR CLAIMS BETWEEN $2,500 AND $10,000,
THE AAA'S ARBITRATION RULES FOR THE RESOLUTION OF CONSUMER-RELATED DISPUTES
(THE "CONSUMER RULES"), WHICH INCLUDE A SMALL CLAIMS COURT OPTION,
WILL APPLY. FOR CLAIMS UNDER $2,500, THE COMPLAINING PARTY CAN CHOOSE EITHER
THE CONSUMER RULES OR THE BBB'S RULES FOR BINDING ARBITRATION. AN ARBITRATOR
MAY, UNDER ANY OF THESE RULES, REQUIRE EACH PARTY TO EXCHANGE RELEVANT EVIDENCE
IN ADVANCE. IN LARGE/COMPLEX CASES UNDER THE WIA RULES, THE ARBITRATORS MUST
APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSER MAY HAVE THE AWARD REVIEWED
BY A PANEL OF THREE (3) NEW ARBITRATORS.
2.3 YOU CAN OBTAIN RULES AND FEE INFORMATION FROM THE AAA (www.adr.org), THE
BBB (www.bbb.org) OR FROM US. IF YOU CANNOT PAY THE REQUIRED ARBITRATION FEES,
IF ANY, THERE ARE FEE WAIVER PROGRAMS. EVEN IF YOU DO NOT QUALIFY FOR A FEE
WAIVER, WE WILL PAY ALL BUT $100 OF ANY COMBINED FEES YOU WOULD BE REQUIRED TO
PAY FOR FILING AND A FIRST DAY OF ARBITRATION IF YOU COMPLETE OUR MEDIATION
PROGRAM. MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES. A MEDIATOR
CAN HELP PARTIES REACH AGREEMENT, BUT DOES NOT DECIDE THEIR ISSUES. IN OUR
MEDIATION PROGRAM, WE WILL ASSIGN SOMEONE (WHO MAY BE FROM OUR COMPANY) NOT
DIRECTLY INVOLVED IN THE DISPUTE TO MEDIATE. THAT PERSON WILL HAVE ALL THE
RIGHTS AND PROTECTIONS OF A MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE
USED IN A LATER ARBITRATION OR LAWSUIT. COMPLETING THE MEDIATION PROGRAM MEANS
PARTICIPATING IN GOOD FAITH IN AT LEAST ONE TELEPHONIC MEDIATION SESSION.
YOU CAN CONTACT US AT www.americanmessaging.net OR THROUGH CUSTOMER SERVICE
TO FIND OUT MORE.
2.4 ONLY AN ARBITRATOR CAN DECIDE WHETHER AN ISSUE IS ARBITRABLE. AN
ARBITRATOR CAN ALLOCATE THE FEES AND COSTS OF ARBITRATION IN AN AWARD. IF AN
APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN
AWARD THEM, TOO. ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION
IS FINAL AND BINDING AND MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION.
AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN
WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE
THE AWARD ITSELF.
2.5 IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, YOU AND
WE WAIVE ANY TRIAL BY JURY
You may view, copy or print pages from this site solely for personal,
noncommercial purposes. You may not otherwise use, modify, copy, print,
display, reproduce, distribute or publish any information from this site
without the express permission of American Messaging. At any time American
Messaging may without notice make changes to this site or to the online
services or products described in this site.