THERE IS ABSOLUTELY NO REFUNDS OR REPLACEMENTS ON LOST, STOLEN, DAMAGED, AND CUSTOMER ABUSED PHONES. PLEASE CHECK YOUR PHONE BEFORE PURCHASE TO ENSURE THE QUALITY OF THE PRODUCT THAT YOU ARE BUYING. NEXUS DOES NOT GUARANTEE NOR IMPLY OTHERWISE THAT THE HANDSETS USED FOR NEXUS MOBILE SERVICE IS IN A “BRAND-NEW” CONDITION AND “100% WORKING CONDITION.” NEXUS WILL EXPEND ITS HIGHEST EFFORT AT PROVIDING ITS CUSTOMER WITH TOP QUALITY REFURBISHED HANDSETS NEXUS WARRANTS ALL PRODUCT THAT IS IN THE ORIGINAL NEXUS MOBILE BOX, SEALED AND SHIPPED BUT NOT OPENED BY DISTRIBUTOR OR CUSTOMER TO BE IN WORKING ORDER.

Your Wireless Phone: Your wireless phone is any device equipped to receive our providers wireless voice or data service. It must comply with Federal Communications Commission regulations and be compatible with our network and your calling plan. Whether you buy your wireless phone through us or through someone else is entirely your choice. Our providers may change a wireless phone's software or programming over the air without notice. This might affect data stored on your wireless phone, or the way you've programmed it. Your wireless phone contains software that prevents it from being used with any other company's wireless service, even if you leave our provider.

Your Wireless Phone Number: You don't have any property right in your phone number, except for any rights federal law grants you. It may be changed or reassigned. Please note that your phone number may show up when you call someone unless you dial *67 before each call, or order per-line call blocking (where it’s available).

How Service Works: We provide commercial mobile radio service through our provider for your wireless phone when it is within range of our transmission sites. Your wireless phone may also work with other companies’ sites. Service depends on radio transmission, and is ONLY available in certain areas.

What And How You Pay: Time starts when you first press "SEND" on a wireless phone or when connection to the system occurs, which may be a few seconds before you press "SEND" on incoming calls. Time ends several seconds after you press "END", or after the call otherwise disconnects. When you make or receive a call using a transmission site outside our network area (see map on the website www.nexusmobile.net for complete coverage), or if it uses another company’s transmission site, you are off-network roaming. All calls are billed in full-minute increments. There is no charge for calls that do not connect. You may replenish your balance at any time before the expiration date by purchasing a cash card. We will suspend service when your account reaches the end of access days or expiration date, and any unused balance may be forfeited. Nexus Mobile is not responsible for lost or stolen cards, phones, and/or airtime. All calls are billed in full-minute increments. There is no charge for calls that do not connect. You may replenish your balance at any time before the expiration date by purchasing a cash card. We will suspend service when your account reaches the end of access days or expiration date, and any unused balance may be forfeited.

Number Portability: Not available.

Your Rights If Someone Steals Your Wireless Phone: If someone steals or tampers with your wireless phone, notify us and provide us with any documentation (such as a police report) we request. After you notify us, we’ll suspend service for up to 30 days from your notice to us, or until you replace or recover your wireless phone. Until you notify us you’re still responsible for all charges to your phone number. We will not replace lost or stolen cards, phones, and airtime. By purchasing this service you agree to indemnify us against any losses.

Our Rights to Make Changes: ALL SERVICE WE PROVIDE THROUGH OUR PROVIDERS IS SUBJECT TO OUR BUSINESS POLICIES, PRACTICES AND PROCEDURES, WHICH WE CAN CHANGE WITHOUT NOTICE. WE CAN CHANGE PRICES AND ANY OTHER TERMS IN THIS AGREEMENT AT ANY TIME.. IF THE CHANGE ADVERSELY AFFECTS YOUR RATES, YOU MAY TERMINATE THIS AGREEMENT. IF YOU CHOOSE TO CONTINUE TO USE OUR SERVICE, THOSE CHANGES WILL APPLY TO YOU.

About This Agreement: If either of us waives any part of this agreement in one instance, that won’t be a waiver of any other provision or any other instance. You represent that you have the legal capacity to agree to this agreement. If any part of this agreement is held invalid, that won’t have any effect on any other part, unless your or our rights or duties are materially impaired. You can’t rely on any other document or statement by anybody, and you have no other rights with respect to service or this agreement, except as specifically provided by law or in this agreement. This agreement isn’t for the benefit of any third party except our affiliates and predecessors and successors in interest. It’s governed by the laws of the state encompassing the area code assigned to your telephone number, without regard to the conflicts of laws and rules of that state. By purchasing this phone you agree that any and all damages or liabilities arising out of its use, if determined by any court of law will be limited to the cost of the phone. You agree to indemnify us against any such losses and damages arising out of use or misuse of our services through our providers.
Our Rights To Restrict Or End Service Of This Agreement To maintain or improve wireless service, to prevent fraud, or for other business reasons, we can restrict or modify your service without notice. WE CAN RESTRICT OR END YOUR SERVICE OR THIS AGREEMENT WITHOUT NOTICE if you: (a) make a false statement to us; (b) interfere with our customer service or other business operations; (c) breach any part of this agreement; (d) we believe your service is being misused or used by anyone for unlawful activity; (e) we believe your wireless phone or telephone number has been stolen or tampered with; or (f) the use of your service adversely affects service to other customers.

Mutual Waivers And Limitations Of Liability: BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE WAIVING IMPORTANT RIGHTS. YOU AGREE OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO A REFUND OR REBATE OF CHARGES YOU HAVE PAID OR OWE US. WE AGREE YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY OR PRODUCTS LIABILITY) IS LIMITED, ANY ACTUAL DAMAGES YOU CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR WIRELESS PHONE. NEITHER OF US CAN RECOVER (A) PUNITIVE DAMAGES; (B) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES; OR (C) ATTORNEY’S FEES. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. YOU AND WE ALSO AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF, OTHER THAN TO PROTECT ANY PATENTS, COPYRIGHTS, TRADEMARKS OR TRADE SECRETS, OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A WIRELESS PHONE OR TELEPHONE NUMBER. YOU AGREE TO INDEMNIFY US FOR ANY AND ALL CLAIMS BY THIRD PARTIES AGAINST US. WE AREN’T LIABLE TO YOU FOR DROPPED CALLS, INTERRUPTED SERVICE, OR PROBLEMS CAUSED BY OR CONTRIBUTED TO YOU; BY ANY THIRD PARTY; BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, ATMOSPHERIC CONDITIONS OR OTHER THINGS WE DON’T CONTROL; OR BY ANY ACT OF GOD OR NATURAL DISASTER. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IMPOSED ON ITS CUSTOMERS, TOO.

Disclaimer Of Warranties: WE DON’T MANUFACTURE WIRELESS PHONES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT YOUR WIRELESS PHONE, UNLESS UNDER SEPARATE WRITTEN WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOESN’T DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER OR ANY THIRD PARTY VENDOR OF YOUR WIRELESS PHONE. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR SERVICE. IF YOU HAVE PURCHASED A USED, REFURBISHED, OR RECONDITIONED PHONE, NO WARRANTIES FROM THE MANUFACTURER MAY EXIST.

Dispute Resolution and Mandatory: INSTEAD OF SUING IN COURT, WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THE RULES OF ARBITRATION ARE DIFFERENT. THERE'S 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 THAT:

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 OUR 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 DOESN'T 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. 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 CHOSSE EITHER THE CONSUMER RULES OR THE BBB'S RULES FOR BINDING ARBITRATION. AN ARBITRATOR MAY, UNDER ANY OF THESE RULES, REQUIRE EACH OF US TO EXCHANGE RELEVANT EVIDENCE IN ADVANCE. IN LARGE/COMPLEX CASES UNDER THE WIA RULES, THE ARBITRATOR MUST APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSER MAY HAVE THE AWARD REVIEWED BY A PANEL OF 3 NEW ARBITRATORS.

3. YOU CAN OBTAIN RULES AND FEE INFORMATION FROM THE AAA (www.adr.org), THE BBB (www.bbb.org). IF YOU CAN'T PAY THE REQUIRED ARBITRATION FEES, IF ANY, THERE ARE FEE WAIVER PROGRAMS. EVEN IF YOU DON'T QUALIFY FOR A FEE WAIVER, WE'LL PAY ONLY $100 OF ANY COMBINED FEES YOU"D 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 DOESN'T DECIDE THEIR ISSUES. IN OUR MEDIATION PROGRAM, WE'LL 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.nexusmobile.com OR THROUGH CUSTOMER SERVICE TO FIND OUT MORE.

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 JUDGEMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

5. IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, WE MAY EACH WAIVE ANY TRIAL BY JURY.

[i] You, yours, your’s refer to the Customer
[ii] Us, Our, We refer to Nexus Wireless and in certain instances to their service providers
[iii] Zefcomm