Terms of Use

Notice of Arbitration and Class-Action Waiver

THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION AND CLASS-ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE TRUMPSM MOBILE SERVICES, THESE TERMS OF USE OR OUR PRIVACY POLICIES, AND THIS WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR DISPUTES THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR DISPUTES RELATING TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS.

MORE INFORMATION ABOUT ARBITRATION, INCLUDING THE RULES THAT WILL GOVERN THE ARBITRATION AND THE LOCATION OF ARBITRATION, IS SET FORTH BELOW.

You shall not use the TRUMPSM MOBILE Services for any illegal purposes, and you will use them in compliance with all applicable laws, rules, and regulations. You shall not use TRUMPSM MOBILE Services in a way that may cause the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Services is in any way impaired. You agree not to attempt any unauthorized access to any part or component of TrumpSM Mobile Services. By accessing or using the TrumpSM Mobile Services, you represent and warrant that you have not been previously suspended or removed from the TrumpSM Mobile Services or engaged in any activity that could result in suspension or removal from the TrumpSM Mobile Services.

User Registration

In order to access and use certain areas or features of the TrumpSM Mobile Services, you may need to create an account and provide certain information and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the TrumpSM Mobile Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the TrumpSM Mobile Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the TrumpSM Mobile Services, subject to applicable notice requirements under Florida law.

By providing information and/or answering questions, you also consent to receive electronic communications from TrumpSM Mobile (e.g., via email or by posting notices to the TrumpSM Mobile Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you, in accordance with applicable laws. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in each email or by contacting us at care@TrumpMobile.com. We will process your opt-out request within 10 business days. Please note that even if you opt out of promotional emails, we may still send you transactional and relationship messages regarding your account and TrumpSM Mobile Services, such as billing statements, service notifications, and account security alerts.

As used herein, the words "your account" refer to the account held by a bank, securities firm or other financial institution from which payment will be made when you make transactions using the TrumpSM Mobile Services. The words "your bank" mean the bank, securities firm or other financial institution that holds your account.

The TrumpSM Mobile Services permit you to perform certain activities, including enabling you to pay your mobile service bill online by authorizing payments for your account(s) as more fully described herein. Each time you initiate a transaction, you authorize us or our agent to initiate a payment transaction in your name to the account you specify in the amount you request, payable to us or to our agent, in the amount of the transaction. By providing us with payment instructions, you authorize us to follow such instructions and process such payments.

For each such transaction, your bank may assess its customary per-check or item-handling charge, if any. You also agree to pay us a service charge for each dishonored check or draft to reimburse us for any costs of collection, not to exceed the maximum amount permitted under applicable law. Your bank may also assess its customary charge for such items.

In connection with using your account, you may choose to provide credit card information that one of TrumpSM Mobile Services designated third-party payment processors, who will process and store such credit card information separately from the TrumpSM Mobile Services in order to facilitate your payment transactions. TrumpSM Mobile has no responsibility or liability for your credit card information and/or such transactions processed by third-party payment processors, except as required by applicable law.

If any transaction initiated hereunder (whether check or draft drawn by us or our agent in connection with such transaction) is not honored by your bank, fees may be assessed in accordance with your applicable customer wireless agreement and applicable law. In addition, we may cancel your right to utilize the TrumpSM Mobile Services.

If a transaction is not completed as you have directed or if we do not complete a transfer from your account on time in the correct amount, we will be responsible for your actual losses or damages directly caused by our error or failure to complete the transaction, up to the amount of the transaction, subject to the exceptions listed below. In no event shall our liability exceed the amount of the failed transaction unless otherwise required by applicable law. We will not be liable to you in the following instances:

• If, through no fault of ours, your account does not contain enough money to complete the transaction;
• If the funds in your account are subject to legal process or other encumbrance restricting the transaction; and
• If circumstances beyond our control (such as fire, flood, network outages, computer, mechanical or telecommunication failure, or unavailability of payment system, or any problems caused by your bank) prevent the transaction, despite reasonable precautions that we have taken.

Each of us and you agree to be bound by the NACHA ACH Operating Rules and Guidelines, and the Electronic Fund Transfer Act as each pertain to any ACH transactions initiated by us following your instructions, and you acknowledge that the origination of ACH transactions to the account(s) provided in your payment instructions must comply with the provisions of all applicable laws. You agree that we may comply with payment instructions arising from your user ID and password for your accounts, and you must notify us immediately at care@TrumpMobile.com in the event you believe any user ID or password has been used (or may be used) without your permission.

Intellectual Property Ownership and Use

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material including but not limited to: service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, "Content") contained within the TrumpSM Mobile Services shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access, view and make personal use of the TrumpSM Mobile Services and Content solely for the purpose of using the TrumpSM Mobile Services as intended, including for commercial purposes to the extent you are using the TrumpSM Mobile Services for your business communications. Additionally, you shall not: (a) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Content; (b) use any meta tags, search terms, key terms, or the like that contain the TrumpSM Mobile Service's name or our trademarks; (c) engage in any activity that interferes with the TrumpSM Mobile Services or another user's ability to use TrumpSM Mobile Services; (d) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the TrumpSM Mobile Services and the goods or services offered on the TrumpSM Mobile Services; or (e) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You shall not use, copy, distribute, or exploit any of the TrumpSM Mobile Services in any manner without our prior written permission. Unauthorized use is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of TrumpSM Mobile or any third party, whether by estoppel, implication or otherwise.

All Content and all materials and content contained within the TrumpSM Mobile Services, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the TrumpSM Mobile Services, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

Errors and Inaccuracies

We strive to provide complete, accurate, up-to-date information on the TrumpSM Mobile Services. Unfortunately, despite those efforts, human or technological errors may occur. The TrumpSM Mobile Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display. The look, colors, and other features of products offered on the TrumpSM Mobile Services may not accurately reflect the look, colors, and other features of the actual products. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.

Changes to Website or These Terms of Use

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the TrumpSM Mobile Services (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification or withdrawal of the TrumpSM Mobile Services or any portion of it.

We may alter these Terms from time to time, and your use of the TrumpSM Mobile Services (or any part of the TrumpSM Mobile Services) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the TrumpSM Mobile Services.

TrumpSM Mobile Services is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Services or because of a failure, suspension or withdrawal of all or part of the Services.

Privacy Policy

Our Privacy Policy describes how we handle the personal information you provide to us when you use the TrumpSM Mobile Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.trumpmobile.com.

Orders and Price

You may place an order with or without an account. Creating an account with us gives you the benefit of faster checkout, special offers not available anywhere else, and allows you to view your order history.

Nothing on the TrumpSM Mobile Services constitutes a binding offer to sell you any products described on the TrumpSM Mobile Services or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation. However, once your credit card has been charged, we may only cancel your order if: (i) the product is listed at an incorrect price as described below; (ii) the product is unavailable; or (iii) we are unable to process your payment method; or (iv) we reasonably suspect fraudulent activity. The prices displayed on the TrumpSM Mobile Services are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase or you have already paid for the products and your order is canceled, we will issue a full refund to your credit card account or will otherwise refund any money you have paid for such cancelled products.

All prices, discounts, and promotions posted on the TrumpSM Mobile Services are subject to change without notice, except that prices will not change for orders already placed and confirmed. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may require you to make a deposit or prepayment for TrumpSM Mobile Services or to purchase a product. We may apply deposits, payments, or prepayments on any order to any amounts you owe us on any account. This deposit is refundable upon request or upon cancellation of your order and will be applied as a credit to your account or refunded to your original payment method within thirty (30) days.

Sales, Shipping

We will arrange for shipment of the products to you using a shipper of our choice. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon delivery of the products to the address you provided. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in shipments caused by circumstances beyond our reasonable control, including but not limited to carrier delays, weather events, or force majeure events. However, if a delay exceeds thirty (30) days from the estimated delivery date, you may cancel your order and receive a full refund.

For multiple product orders, we will attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. The entirety of the shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

Your order will ship as it becomes available, and we will make reasonable efforts to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

We will collect and remit all applicable sales taxes as required by law. To the extent any use tax obligations arise under applicable law for purchases where sales tax was not collected, you are responsible for reporting and paying such use taxes as required by applicable law. If you are shipping outside of the United States, once your order arrives at its destination, you will be required to pay all import duties, customs and local sales taxes levied by the country to which you are shipping in order to release your order from customs. International duties and taxes will be marked "Bill to Recipient." We are not responsible for orders not accepted due to failure to pay duties and taxes. International shipping charges are non-refundable in the event of a return/exchange; however, the product purchase price (excluding shipping) will be refunded in accordance with our return policy.

External Websites and Resources

We have not reviewed all of the websites linked to the TrumpSM Mobile Services and are not responsible for the content of any third-party pages and any other websites linked to the TrumpSM Mobile Services or any products or services offered by third parties. We provide these links for your convenience only, and the inclusion of any link does not imply our endorsement of the linked site. Further, we are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

User Content

The TrumpSM Mobile Services contains or may contain various interactive portions that allow users to post content on our websites ("User Content"). We have no obligation to actively monitor the User Content our users post on TrumpSM Mobile Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any User Content. All User Content expresses the views and opinions of the user and does not necessarily reflect our views or opinions. As such, the individual user is responsible and liable for any and all User Content that is submitted, uploaded or otherwise transmitted. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the TrumpSM Mobile Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK. WE SHALL HAVE NO LIABILITY FOR ANY THIRD-PARTY USE OR MISUSE OF USER CONTENT, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

By using the TrumpSM Mobile Services, you agree that:

• You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
• You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
• You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

If you submit any User Content, you represent and warrant that you own or have the necessary rights to grant the following license, and you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content in connection with the operation and promotion of the TrumpSM Mobile Services, in any media, now known or hereafter devised.

If you choose to communicate or meet with other users of the TrumpSM Mobile Services, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the TrumpSM Mobile Services.

TrumpSM Mobile Services is intended for users 18 years old and over. We do not knowingly collect, solicit, or accept User Content from anyone under 18 years of age. If we become aware that a person under 18 has provided us with User Content, we will delete such content. By using the TrumpSM Mobile Services, you represent and warrant that you are at least 18 years of age.

YOU REPRESENT AND WARRANT THAT:

• YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRIBUTE ALL USER CONTENT YOU SUBMIT
• YOU ARE THE SOLE CREATOR OF ALL USER CONTENT, OR IF YOU ARE NOT THE SOLE CREATOR, YOU HAVE OBTAINED WRITTEN CONSENT FROM ANY THIRD PARTIES WHO HAVE CREATED OR HELPED CREATE SUCH USER CONTENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO TRUMPSM MOBILE SERVICES
• ALL PERSONS FEATURED IN ANY USER CONTENT HAVE PROVIDED YOU WITH THEIR CONSENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE TRUMPSM MOBILE SERVICES

If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to care@TrumpMobile.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

Infringement Notice

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the TrumpSM Mobile Services, please notify us by sending an email to the following address: care@TrumpMobile.com

In order for us to more effectively assist you, the notification must include all of the following:

• A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner's behalf;
• A description of the copyrighted work or other right you claim has been infringed or violated;
• Information reasonably sufficient to locate the material in question on the Website;
• Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

Limitations of Liability

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, DIMINUTION IN VALUE OF ASSETS OR SECURITIES, ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OR ACCESS OF THE TRUMPSM MOBILE SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM TRUMPSM MOBILE SERVICES, OR FROM EVENTS BEYOND TRUMPSM MOBILE SERVICES' REASONABLE CONTROL), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TRUMPSM MOBILE SERVICES ARISING OUT OF OR IN ANY WAY RELATED TO THE TRUMPSM MOBILE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU TO TRUMPSM MOBILE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE TRUMPSM MOBILE'S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Indemnification

YOU AGREE TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR LICENSORS, AND EACH OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, SUFFERED BY SUCH INDEMNIFIED PARTIES AND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO (A) YOUR BREACH OF THESE TERMS, INCLUDING ANY USER CONTENT YOU ACCESS, POST TO, OR PROVIDE THROUGH THE TRUMPSM MOBILE SERVICES AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS, OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE TRUMPSM MOBILE SERVICES, OR (B) THE USE BY ANY OTHER PERSON ACCESSING THE TRUMPSM MOBILE SERVICES OR THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

Binding Arbitration Agreement and Class-Action Waiver

Except as otherwise stated below, any claim or dispute between you and us (or any of our subsidiaries or affiliates) arising out of or relating in any way to these Terms, the TrumpSM Mobile Services, the Website, including all information, products and services available from TrumpSM Mobile Services, shall be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a breach of contract, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Both you and we specifically acknowledge and agree to waive your right to bring a lawsuit based on such claim(s) or dispute(s) and your right to have such lawsuit resolved by a judge or a jury.

This arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Any arbitration will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards. Provided JAMS' criteria are met by the nature of the dispute, the arbitration shall be conducted under JAMS Streamlined Arbitration Rules & Procedures. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. However, if you are unable to pay JAMS' filing, administrative, and arbitrator fees, we will pay such fees to the extent required to make the arbitration accessible to you, consistent with applicable law and JAMS rules. If JAMS is unavailable, unwilling, or otherwise unable to administer an arbitration in accordance with these rules, then another administrator that will do so will be selected by agreement of the parties.

The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon both you and us, subject to the limited grounds for judicial review under the Federal Arbitration Act. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this a agreement, except that this sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award. The clause should acknowledge the limited judicial review available under the Federal Arbitration Act to ensure accuracy and enforceability. While arbitration awards are generally final and binding, they are subject to narrow grounds for judicial review. This arbitration agreement will survive the termination of your relationship with us.

Class Action Waiver.

To the fullest extent permitted by applicable law, you and we agree to bring any claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.

Location

You may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or state where you reside, unless each party agrees otherwise, or at another mutually agreed upon location.

Severability

If for any reason, any portion of these Terms, including this arbitration section, is found to be illegal, void or unenforceable, that portion will be severed, and it shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect.

Governing Law

These Terms of Use and any disputes between us shall be governed by the laws of the State of Florida. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Florida shall not apply. Subject to the binding arbitration provisions set forth above, the sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be the state and federal courts sitting in Palm Beach County, Florida, and the parties agree not to raise, and hereby waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.

Prevailing Party Fees

In the event of any action, suit, proceeding, or arbitration (collectively, "Action") initiated by either party against the other arising out of or relating to this Agreement, including but not limited to any Action concerning the breach, termination, enforcement, interpretation, or validity of this Agreement, the prevailing party in such Action shall be entitled to recover all of its reasonable attorneys' fees, expert witness fees, court costs, and other litigation expenses incurred in connection with such Action, in addition to any other relief to which such party may be entitled.

Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

Notwithstanding anything contained in these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use the TrumpSM Mobile Services at any time for violation of these Terms or for other legitimate business reasons, subject to applicable law. We will provide reasonable notice of termination where practicable, except in cases involving fraud, abuse, or violation of law. You acknowledge and agree that, except as required by applicable law, we shall have no liability or obligation to you for such termination beyond any refund of prepaid fees for unused services.

Notice for California Users

If our Website or any of our services is deemed an "electronic commercial service" under California Civil Code Section 1789.3, residents of California are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs. Information on how to file a complaint can be found here: https://www.dca.ca.gov/consumers/complaints.

We are located at 3399 PGA Blvd., Palm Beach Gardens FL 33410, and may be reached by email at care@TrumpMobile.com or telephone at (888) 878-6745. Please contact us with any issues with the TrumpSM Mobile Services that you have so that we may attempt to resolve such issues.

Legal Notices

All legal notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to TrumpSM Mobile at the following: care@TrumpMobile.com, or Trump Mobile, 3399 PGA Boulevard, Suite 150, Palm Beach Gardens Fl 33410. Any notices to you may be made via either e-mail or postal mail to the address in TrumpSM Mobile 's records or via posting on the TrumpSM Mobile Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

Miscellaneous

These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) ("Website Agreements") contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

You should not construe TrumpSM Mobile Services' publication of any content found on the Services as an endorsement by TrumpSM Mobile Services of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, or action made by the author of such content.

The TrumpSM Mobile Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America. By submitting information, you explicitly authorize such transfer and acknowledge that the United States may not provide the same level of data protection as your home jurisdiction. For users in the European Economic Area, United Kingdom, or other jurisdictions with specific data protection requirements, additional terms may apply as set forth in our Privacy Policy.

These Terms constitute the entire agreement between you and TrumpSM Mobile relating to your access to and use of the TrumpSM Mobile Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of TrumpSM Mobile . No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and TrumpSM Mobile 's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and their respective successors and permitted assigns, and are not intended to confer third-party beneficiary rights upon any other person or entity.

Contact Us.

You may send us notices or communicate with us by email at care@TrumpMobile.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.