1. Introduction

The following Terms and Conditions apply to LinkUp Mobile (“LinkUp Mobile”) services, products, subsidiaries, parent company, affiliates, and mobile phones. Please read these Terms and Conditions carefully. By accessing or using our Site, purchasing, activating, and/or using any LinkUp Mobile products, or services in any way, you (“You”) are agreeing to comply with these Terms and Conditions, including any policies and guidelines incorporated by reference (referred to collectively as the “Terms and Conditions”). These Terms and Conditions are a legally binding Agreement between you and LinkUp Mobile.

Any changes or modifications to these Terms and Conditions are effective and will be binding upon You when posted on our website at LinkUp Mobile.com. Because these Terms and Conditions are subject to change at any time, you should always check our website for the most current version.

When you accept these Terms and Conditions, you represent that You are at least 18 years of age and that you meet the eligibility standards for LinkUp Mobile service.

2. Our Right to Make Changes

These Terms and Conditions may change at any time, including the prices for LinkUp Mobile products and/or services without notice or obligation. Unless expressly prohibited by law, we reserve the right to modify or cancel this 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 these Terms and Conditions without notice or obligation. Your right to use our service is subject to our business policies, practices and procedures, rates and these Terms and Conditions, which we may change at any time.

Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.

All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. Unless prohibited by law, we reserve the right to modify, change, or cancel any part of your service at any time including but not limited to rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your Terms and Conditions without notice or obligation.

3. Mobile Telecommunications Services

Airtime may be used for domestic calling and for related services as provided in these Terms and Conditions. LinkUp Mobile provides service for personal use only. Service may not be transferred to any third party or shared among multiple individuals.

You may not use our service in a manner that interferes with another customer’s use of our service. Our ability to provide good service may be impaired when customers place an abnormally high number of calls, send or receive an unusually high number of messages, or repeatedly place calls of unusually long duration, when compared to typical usage by other customers on similar service plans. Such atypical usage suggests that a mobile phone is being used other than for personal use in violation of these Terms and Conditions. LinkUp Mobile has safeguards to ensure that its customers do not use the service in a manner inconsistent with personal, non-commercial use, including terminating or suspending service to the customer violating this policy. All plans and features may change or be discontinued at any time without notice.

4. UNLIMITED Services:

UNLIMITED DOES NOT MEAN UNREASONABLE USE. For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. UNLIMITED voice, text, and data services are provided solely for dialog between two individuals and for normal, non-commercial use. Other uses have a disproportionate impact on network resources and our ability to manage our network efficiently and are therefore considered unreasonable. UNLIMITED services may not be used for conference calling, 3-way calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections that do not consist of uninterrupted live dialog between two individuals. If LinkUp Mobile finds that You are using an UNLIMITED service offering for anything other than dialog between two individuals, LinkUp Mobile may at its option terminate your service or change your plan to one with no UNLIMITED usage components. LinkUp Mobile reserves the right to cancel or deactivate Service without notice, in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of LinkUp Mobile service.

LinkUp Mobile reserves the right to deny or terminate Service, without notice, to anyone LinkUp Mobile believes is using LinkUp Mobile service in any manner prohibited above or whose usage, in LinkUp Mobile’s sole discretion, adversely impacts the Carrier’s network or customer service levels. LinkUp Mobile will presume You are engaging in a prohibited use in violation of these Terms and Conditions if in LinkUp Mobile’s sole opinion, You are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or Mobile Web usage is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that You are using LinkUp Mobile service in violation of the Terms and Conditions, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, decline to renew your service, and/or offer You a different service plan with no unlimited usage component. Notwithstanding the foregoing, LinkUp Mobile reserves the right to deny service, throttle, deactivate or cancel existing service to anyone for any reason at any time, in LinkUp Mobile’s sole discretion.

You agree not to use LinkUp Mobile service in any way that is illegal, fraudulent or abusive, as determined by LinkUp Mobile in its sole discretion. You may not alter any of the hardware or software on your LinkUp 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. LinkUp Mobile phones may not be purchased in bulk or sold to third parties.

Local phone numbers may not be available in certain markets. Wireless services use radio transmissions and are therefore affected by technological limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or by You damaging your mobile phone. 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. We may give credit for continuous service interruption of more than 24 hours on a case-by-case basis, if such interruption was reasonably within our control, and You notify LinkUp Mobile within seven days of the interruption.

Any statements or maps provided by us, our agents, or dealers about coverage are only 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 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, such as to 911.

5. Payment Methods for Paid Service Options:

You can purchase one of our Top-Ups through one of the following payment methods:

(1) credit/debit card

(2) PayPal

(3) buying a LinkUp Mobile Top-Up card at any of our retail locations. Sales taxes will apply.

Taxes and surcharges are not included in our pricing for service options. LinkUp Mobile charges state and local sales taxes. The amount of these surcharges is subject to change and may vary from time to time and by area. Third party retailers are responsible for collecting sales taxes and in certain states, regulatory fees, for Top-Up transactions that occur through such third-party retailers. Taxes and fees are subject to change without notice.

6. International Calling:

All phone plans include calls made in the 50 United States as well as Canada & Mexico,  With those two exceptions, they do not include international calls. The placement of calls outside the domestic US may result in the termination of service at the sole discretion of LinkUp Mobile.

7. Messaging:

You can send and receive text messages of up to 160 characters on your LinkUp Mobile phone. Text messages will be valued at 1 talk minute per message sent and/or received on LinkUp Mobile’ basic voice and broadband plans. Certain LinkUp Mobile unlimited service plans include both unlimited voice and text messaging. Unlimited plans are not available in all areas. Call customer service at for package pricing. Each domestic text will be deducted from the available messages in your purchased plan. You can terminate your subscription or switch to another plan by calling LinkUp Mobile customer service. You may receive service alerts from LinkUp Mobile for which there is no charge. If You are receiving unwanted text messages, contact the source and ask to be removed from their distribution list.

8. Unsolicited Messages:

If You are found to be sending spam from your LinkUp Mobile phone, we may terminate your service without further notice.

9. Data Services and Usage on Your LinkUp Mobile phone:

LinkUp Mobile, in its sole discretion, may interrupt or suspend access due to abuse, excessive use, or violations of the Terms and Conditions.

3G or higher is considered high speed data under LinkUp Mobile. All billing and related LinkUp Mobile services shall operate accordingly under this definition.

Data services may be throttled based on the underlying carrier providing services. Customers may experience throttled speeds when they reach a specified threshold set by the carriers. Customers may notice changes in the performance of certain applications when they are on throttled usage. In addition, LinkUp Mobile and its underlying carriers may adjust periodically the applicable threshold for LinkUp Mobile’ data usage practices. Data Services are not available with all LinkUp Mobile phones. You are responsible for all data activity from and to your device, regardless of who initiates the activity. We reserve the right to deny or terminate service without notice for any misuse or any use that adversely affects network performance. Availability of data services is subject to change.

10. Specific Terms and Restrictions Regarding Data Services:

Your relationship with companies that provide Data Content is between You and those companies. You are responsible for any information you share; it is recommended that you use good judgment and care when you are communicating and interacting with any website.

11. Balance Inquiries:

You may check your balance at any time via the customer portal on www.linkupmobile.com.

12. Roaming:

A roaming charge may apply when making or receiving calls outside the home coverage area. We may notify you when you are roaming but cannot guarantee we will be able to provide such notice in all cases. Dialing 411 on your keypad may affect your plan and could result in additional charges to your account. Roaming and International calls are not part of your plan and will result in charges to your account. Your service may be suspended due to any of these occurrences until charges are paid.

13. Disputed Charges:

If You think that there has been an error in any charge to your account, You must notify us immediately. Contact customer service and an account specialist will investigate your claim. If You do not notify us within a 30-day period of the error, You waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate, your account will be credited, or You may receive a refund. If You agree to a credit or refund, You are in agreement that this action has settled the dispute.

If we have attempted to charge your credit card for a charge that we deem is authorized and valid under these Terms and Conditions, and the credit card company withholds such payment because the charge has been disputed (a “charge-back”), we reserve the right to suspend your access to our service for up to 30 days until the Chargeback is reversed. If the Chargeback is not resolved and reversed, your account will be deactivated at the end of the 30-day period.

14. No Refunds of Top-Up Cards and Monthly Charges:

All Top-Up sales are final and nonrefundable regardless of who uses or possesses your mobile phone after You buy airtime regardless of if it is used for voice, SMS/Text Messaging or Data, and regardless of whether the mobile phone is used with your consent or knowledge. Monthly charges are non-refundable.

15. Refunds or Exchanges: 

If within the first seven (7) days after receiving your mobile phone that You have purchased from LinkUp Mobile, You are not fully satisfied with the device or service, You may return the phone with the original box accessories that we provided to You, to us for a full refund of the amount You paid for the mobile phone. You must follow the Return Procedures specified in these Terms and Conditions. Once we receive the phone, we will issue a refund of the amount You paid for the phone. We will deduct from your refund, or refuse a refund, to the extent You have not paid for Services You ordered or You return Equipment that is damaged due to neglect, misuse, liquid damage or non-standard wear and tear, missing parts or accessories, or You have otherwise violated these Terms and Conditions. Shipping and handling charges are not refundable. Restocking fees may apply.

16. Returning Your LinkUp Mobile Phone:

All mobile phones purchased directly from LinkUp Mobile, include a seventy-two 72 hour limited warranty from the equipment provider. If You experience issues with your phone, please contact customer service. Phones will not be replaced if it is determined by LinkUp Mobile that the customer caused the defect or damage to the device. LinkUp Mobile reserves the right to refuse replacement.

17. Lost or Stolen Equipment:

If your mobile phone is lost or stolen, you are responsible for charges incurred until You notify us of the loss of your mobile by contacting customer service. Upon receiving notice that your mobile phone is lost or stolen, LinkUp Mobile will suspend your account. If You do not either activate a new LinkUp Mobile phone or notify us that You have found your old mobile phone within 60 days of the suspension of your account, your account will be deactivated, and You will lose your LinkUp Mobile phone number.

18. Transferring Service of Your Mobile Phone to Another Telecommunications Provider:

For information regarding the transfer of service to another telecommunications provider, please reference that section on our website, www.linkupmobile.com.

19. PROMOTIONS:

All promotions are for a limited time and subject to restrictions and limitations. LinkUp Mobile expressly reserves the right to change and/or cancel promotions offered at any time.

Gift cards are not redeemable for cash, check, transfer, or credit. All delivery times are estimated and not guaranteed. LinkUp Mobile is not responsible for gift card delivery mistakes or mishap due to:

(1) any incorrect or inaccurate information, whether caused by any promotion entrants, printing errors, or promotion related advertisements or by any equipment or programming associated with or utilized in the promotion;

(2) unauthorized human intervention or error in any part of the entry, mailing, or receipt process of any promotion; or (3) technical or human error which may occur in the administration of any promotion or processing of entries. Gift cards are not guaranteed or owed to recipient. LinkUp Mobile reserves the right to cancel or modify gift card promotion at any time without notice. LinkUp Mobile reserves the right to refuse to mail out gift cards at its own discretion.

20. Subscription (Auto-Pay) Plans / Refunds:

LinkUp Mobile, at various times, may offer a promotion tied to a subscriber’s enrollment in Auto-Pay.  Subject to change, a subscriber who enrolls in Auto-Pay with a valid credit or debit card will have that card automatically charged at the end of the current billing period as payment for the following service period (usually a month).

Your payment to LinkUp Mobile will automatically renew at the end of the applicable subscription period unless you cancel your subscription before the end of the then-current subscription period. Please contact our Customer Support or refer to our website for instructions on how to cancel. We do not provide refunds or credits for any partial subscription periods.

LinkUp Mobile reserves the right to deny or terminate service and/or promotions without notice for any misuse or any use that adversely affects network performance. LinkUp Mobile reserves the right to change coverage, services, and promotions, offered at any time, and LinkUp Mobile expressly reserves the right to deny service for any or no reason without liability or penalty, except as expressly stated in these Terms and Conditions.

21. Acceptable Use of LinkUp Mobile Products and Services:

You may not use LinkUp Mobile’s service for any illegal purpose, including harassing, threatening, abuse, defaming, or slandering any individual or entity. You may not use our service in a manner that interferes with another LinkUp Mobile customer’s use of our service.

You may not use our service in a manner that interferes with another LinkUp Mobile customer’s use of our service. LinkUp Mobile and its business partners provide messages and data for non-commercial use only. You may not publish or send any content that encourages unlawful, criminal, or fraudulent activity or that violates any LinkUp Mobile rule or policy.

LinkUp Mobile Products and Services are sold exclusively for use by You, the end consumer. The unauthorized use or resale of your LinkUp Mobile phone constitutes a violation of this Agreement. You agree not to unlock, root, reflash, jailbreak, tamper with, or alter the build state of your LinkUp Mobile phone in a manner which conflicts with these Terms and Conditions. You also agree not to use unauthorized PINs associated with LinkUp Mobile’s products or Plans or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to sell and/or export LinkUp Mobile phones outside of the United States. Any attempt to unlock your LinkUp Mobile phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with, or alter the build state of your LinkUp Mobile phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your LinkUp Mobile phone may result in the immediate suspension or termination of your Service without notice and legal action. LinkUp Mobile will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your LinkUp Mobile phone shall entitle LinkUp Mobile to recover liquidated damages from You in the amount of not less than $5,000 per LinkUp Mobile phone purchased, sold, acquired or used in violation of this provision. For more information about the unauthorized use of LinkUp Mobile phones, please contact customer service.

In the event of termination of service for any other unauthorized usage, You will forfeit unused Service and You will not be entitled to receive a refund for your LinkUp Mobile phone or for any unused Service.

22. Suspension or Termination of Services:

We reserve the right to issue a warning and to suspend or terminate your access to our service at any time should we determine in our sole discretion that You have violated these Terms and Conditions or any other rule or policy of LinkUp Mobile.

23. Location Based Services:

Location-based information is information that indicates the location of your LinkUp Mobile phone. When You turn on your mobile phone, your device automatically communicates with our network and relays its current location unless You have turned off You handset’s location functionality. Terminating our location-based services will not affect the status of any other services You receive from us.

24. LinkUp Mobile Website:

You may use our website to learn more about our products and services. Please refer to our website to view our privacy policy.

25. Secure use:

LinkUp Mobile is not responsible for the content or security of voicemail, messages or contact lists You create. We urge You to create a password to access your voicemail. Always use your 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 LinkUp Mobile phone in accordance with all applicable laws and regulations.

26. Use of your Customer Information:

In the course of providing service to You, we may collect certain information made available to us solely because of our relationship with You, including information regarding the nature and type of your service and the calls that You place and receive. We will always handle this data, so-called “Customer Proprietary Network Information” (“CPNI”) in accordance with Federal Communications Commission regulations, federal consumer privacy laws and the LinkUp Mobile Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure.

27. International Long Distance

This ILD Consumer Agreement (“Agreement”) sets forth the terms and conditions that apply to the purchase of Services from NetworkIP, LLC dba Elite Telecom through Marketing Agents, when such Services are included in your plan. By using the Services, You agree to the terms and conditions in this Agreement and any changes that may be made to the Agreement. If You do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting Customer Service at (904)-596-0304.

Definitions

“Account” refers to a specific Wireless Telephone Number (MTN) provisioned for a billing cycle, to call a predetermined set of international destinations either purchased or bundled with other services, through a Marketing Agent for a credit limit or unlimited basis, allowing the Consumer to use the Service.

“Add-on” refers to an international calling plan purchased by You through Marketing Agents, in addition to Your mobile plan.

“Top-up” refers to an international calling plan being purchased by You mid-cycle through LinkUp Mobile to top-up Your exhausted credit value

“Bundled” refers to international calling plans included in the cost of Your LinkUp Mobile mobile plan.

“Capped Minute(s)” refers to calling specific international destinations that have a limited

number of minutes available.

“Unlimited Minute(s)” refers to calling specific international destinations that have an unlimited

number of minutes available, subject to the limitations described in this Agreement.

“Elite Telecom,” “We,” “Our,” and “Us” means NetworkIP, LLC (d.b.a. Elite Telecom)

“Marketing Agents” means LinkUp Mobile, Inc. and its affiliates, parent, subsidiaries, distributors or retailers authorized to market and/or distribute the Service.

“Service” means the International Long Distance (ILD) Service provided by Elite Telecom which provides the Consumer with international calling capability.

“Consumer”, “You” and “Your” means the end-user of the Service also the owner of the Account.

“Website” is the website found at www.linkupmobile.com or such other location as designated by Client and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the specific Service.

You can also request information about the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service by calling toll free at (904)-596-0304. This Agreement incorporates by reference the Service’s prices, charges, restrictions and the terms and conditions for using the Service and/or owning an Account, as well as any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the Service.

International Calling Features

Unlimited and Capped minute Service offerings

Add-on, Top-up or included Bundled Service offerings provisioned to Your Account, may include Capped or Unlimited Minutes to specific international destinations.

If Your Service offering includes Capped Minute destinations, You will receive monthly credits that will be debited based on the number of minutes You consume to specific destinations. . Your credit for Capped Minute destinations can be consumed calling a single destination or pooled/shared with calls to multiple destinations. For example, if You consume 5 minutes to call Cuba, Your available minutes for additional calls to Pakistan would be reduced. The system will prompt you with the available or remaining minutes that can be consumed on each destination attempted. Please note that Your available credit and minutes are renewed at the start of each billing cycle for Bundled and Add-on Services. All calls for Capped Minute Service offerings are billed in one-minute increments.

If Your Service offering includes Unlimited Minutes, it is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. UNLIMITED DOES NOT MEAN UNREASONABLE USE. To minimize unreasonable use, each Account with Unlimited Minutes provisioned will be allowed to call up to 20 unique destination numbers per billing cycle which expire 30 days after initial funding or last renewal. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Your Account is renewed. The Unlimited Minutes destinations being called does not consume any credit values provided with the Service, unless the unique destination number limit is exceeded and Top-up Service is purchased.

If Top-up Service is purchased a separate credit value is added and expires 180 days after last use or 30 days after Your Account suspension. This separate credit value is only consumed if Your monthly credit has been exhausted or the limit on unique destination number is exceeded for Unlimited Minutes. There are no additional fees or surcharges associated with the Services. You may review a list of destinations and their respective minute limits here [link]. The terms and conditions of the Service, including the minutes and/or available destinations in conjunction with the use of the Service are subject to change at any time without prior notice.

You may contact Customer Care at (904)-596-0304 if You have any questions about the Services, including the international calling, available minutes or available destinations associated with the Services.

Suspending/Canceling the Service

If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your Account, or if Your form of payment for the Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account without advance notice. In the event of suspension or cancellation of the Service due to any other aforementioned reasons, Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation or upon Your violation of this Consumer Agreement.

The Unlimited ILD Service may be used for personal telecommunications voice services and may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. If usage, dialing or calling patterns We deem connote non-personal use, We reserve the right to suspend, terminate or restrict Your Services with no prior notice and not allow You to reactivate the Service.

Elite Telecom and its Marketing Agent are not responsible for any ancillary costs incurred by You, including but not limited to, cell phone provider charges or fees and/or penalties incurred by the You in the event You use the Service for any unlawful purpose.

Restrictions on Use; Intellectual Property

All of Elite Telecom and Marketing Agent trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or its Marketing Agent and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service.

Indemnification

You agree that neither Elite Telecom nor its Marketing Agents shall be responsible for any third party claims against Elite Telecom, Marketing Agent and/or You that arise from Your use of the Service or Your Account. Further, You agree to reimburse Elite Telecom and or Marketing Agent for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.

Limitations of Liability

This section describes Elite Telecom’s or its authorized Marketing Agent’s responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Marketing Agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Elite Telecom’s liability in such jurisdictions shall be limited to the extent permitted by law.

Warranties

You acknowledge that (a) the Service is provided by Elite Telecom “AS IS”, and (b) we make no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Service or any Elite Telecom product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Marketing Agents, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You.

Miscellaneous

Emergency Calls

Elite Telecom’s applications and services are not a replacement for Your cellular service and You will not be able to make emergency calls (e.g. 911) using them. If You do attempt to make an emergency call while using Our application or services, the application will close and the call will be attempted using Your phone’s native dialer over any available cellular network. Our services do not prevent You from using Your phone to make emergency calls, however cellular service may not be available everywhere. If You are in a location without cellular service You will need to make other arrangements. Emergency calls are NOT supported outside the domestic USA.

No Third Party Rights

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

Acts Beyond Our Control

Neither You or Elite Telecom or Marketing Agent will be responsible or liable to the other for any failure to perform duties under this Consumer Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Marketing Agent (Force Majeure Event), including but not limited to the failure to perform due to any of the following: fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or governmental agencies.

Assignment

We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.

Notices

Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone number provided by You.

You may contact Us by mail at:                                         You may contact Marketing Agent by mail at:

Elite Telecom                                                                                 LinkUp Mobile, Inc.

119 W. Tyler Street                                                                      3124 Brother Boulevard

Suite 100                                                                                          Suite 104

Longview, TX 75601                                                                   Bartlett, TN 38133

Separability

If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

Governing Law

This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.

Entire Agreement

This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between You and Elite Telecom and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither You or Elite Telecom is relying on any representations or statements by the other party or any other person that is not included in this Agreement.

Changes to the Agreement

This Agreement may only be changed in the manner provided for in this section. Elite Telecom through its Marketing Agent may change this Agreement and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on the Website. You may also request a copy of the revised Agreement by calling Customer Service toll free at (904)-596-0304.

28. Dispute Resolution: 

LinkUp Mobile and you each agree to contact one another first, with any disputes. You must contact us with any dispute and provide a description of the problem as well as 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. You agree to pay all amounts reflected on your account statement, even while a dispute is being resolved.

29. No Trial by Jury:

To the extent permitted by law, if a claim proceeds in court, we each also waive any right that we may have to trial by jury in any lawsuit or other proceeding. 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 or state courts located within Shelby County in the State of Tennessee.

30. Limitation of Liability:

Unless prohibited by law, LinkUp Mobile and You agree to limit claims for damages or other monetary relief against each other to direct and actual damages. You agree that LinkUp Mobile and its 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. LinkUp Mobile assumes no risk or responsibility for your use of any of the content provided as part of our services. You acknowledge that no fiduciary or other special relationship exists between You and LinkUp Mobile, by virtue of these Terms and Conditions or your use of LinkUp Mobile phones and services. You also agree we are not liable for missed voice mails, deletion of contacts from You address book, or data content or messages from your voicemail system.

31. Binding Arbitration:

It is intended that this provision be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) You may take claims to small claims court if they qualify for hearing by such a court, or (2) You or we may choose to pursue claims in court if the claims relate solely to the collection of any debts You owe to us.

32. Arbitration Procedures:

You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute has not been resolved within 90 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Wireless Industry Arbitration Rules (“WIA Rules”), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from the AAA online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless You and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party’s election, the arbitration shall be held telephonically. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class wide or representative basis. In any arbitration applying the WIA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

33. Waiver of Class Actions: 

By this Agreement, both You and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, You and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.

34. Indemnification: 

You agree to indemnify and hold harmless LinkUp Mobile and its 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 LinkUp Mobile products and services, or another person whom You authorize to use your products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

35. Warranties:

We do not manufacture our mobile phones or other equipment. The only warranties applicable to such devices or equipment are those extended by the distributor. We have no liability, therefore, in connection with mobile phones and other equipment or for manufacturers’ acts or omissions.

ALL MOBILE PHONES, HANDSETS, DEVICES, ACCESSORIES, AND MATERIALS ARE PROVIDED BY LinkUp Mobile ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LinkUp Mobile EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE MOBILE PHONES, HANDSETS, DEVICES, ACCESSORIES, OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY PHONE, DEVICE, CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH LinkUp Mobile WILL BE UNDAMAGED, UNUSED, REFURBISHED, OR CONTAIN OTHER HARMFUL COMPONENTS.

36. Effect of Terms of Service:

These Terms and Conditions supersede all oral or written communications and understandings between You and LinkUp Mobile with respect to our products and services to You and the terms under which they are offered and provided to You.

37. Employment: 

LinkUp Mobile provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, LinkUp Mobile complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, and transfer, leaves of absence, compensation and training.

LinkUp Mobile expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status. Improper interference with the ability of LinkUp Mobile’s employees to perform their job duties may result in discipline up to and including discharge.

38. Entire Agreement:

This Agreement, and any other associated Agreements with LinkUp Mobile constitute the entire Agreement between You and LinkUp Mobile with respect to any LinkUp Mobile Product and/or Service. The failure of either party to enforce any of the Terms and Conditions set forth herein shall not be construed to be a waiver of any such Terms and Conditions nor in any way affect the validity and enforceability of these Terms and Conditions. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.