Terms of Use

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

ALL SALES FINAL

UNLESS OTHERWISE INDICATED ON THE TRUMP^SM MOBILE SERVICES AND/OR IN THESE TERMS, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION ON A CASE-BY-CASE BASIS, ALL SALES ARE FINAL AND NON-REFUNDABLE.

NOTICE OF ARBITRATION

THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE TRUMP^SM MOBILE SERVICES, THESE TERMS OF USE OR OUR PRIVACY POLICIES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM TRUMP^SM MOBILE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES, OR (C) ARE PROHIBITED FROM ACCESSING OR USING TRUMP^SM MOBILE SERVICES OR TRUMP^SM MOBILE SERVICES CONTENTS OR PRODUCTS BY APPLICABLE LAW.

You shall not use the TRUMP^SM MOBILE Services for any illegal purposes, and you will use it in compliance with all applicable laws, rules, and regulations. You shall not use TRUMP^SM 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 Trump^SM Mobile Services. By accessing or using the Trump^SM Mobile Services, you represent and warrant that you have not been previously suspended or removed from the Trump^SM Mobile Services or engaged in any activity that could result in suspension or removal from the Trump^SM Mobile> Services.

User Registration

In order to access and use certain areas or features of the Trump^SM 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 Trump^SM Mobile Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Trump^SM 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 Trump^SM Mobile Services.

By providing information and/or answering questions, you also consent to receive electronic communications from Trump^SM Mobile (e.g., via email or by posting notices to the Trump^SM 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. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

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 Trump^SM Mobile Services. The words "your bank" mean the bank, securities firm or other financial institution that holds your account.

The Trump^SM Mobile Services permit you to perform certain activities, including enabling you to pay your loan 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. 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 Trump^SM Mobile Services designated third-party payment processors, who will process and store such credit card information separately from the Trump^SM Mobile Services in order to facilitate your payment transactions. Trump^SM Mobile has no responsibility or liability for your credit card and/or such transactions.

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 loan documentation. In addition, we may cancel your right to utilize the Trump^SM 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 actual third party losses incurred by you. However, there are some exceptions. 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 borrower 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 [email protected] 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 Trump^SM 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

We grant you the limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Trump^SM Mobile Services and Content. 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 Trump^SM Mobile Service’s name or our trademarks; (c) engage in any activity that interferes with the Trump^SM Mobile Services or another user’s ability to use Trump^SM Mobile Services; (d) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Trump^SM Mobile Services and the goods or services offered on the Trump^SM Mobile Services; or (e) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You may not shall not use, copy, distribute, or exploit any of the Trump^SM 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 Trump^SM Mobile or any third party, whether by estoppel, implication or otherwise.

All Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Trump^SM 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 Trump^SM Mobile Services. Unfortunately, despite those efforts, human or technological errors may occur. The Trump^SM 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 Trump^SM 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 Trump^SM 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 to withdraw or withdrawal of the Trump^SM Mobile Services or any portion of it.

We may alter these Terms from time to time, and your use of the Trump^SM Mobile Services (or any part of the Trump^SM 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 Trump^SM Mobile Services.

Trump^SM 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 Trump^SM Mobile Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.trumpmobile.com.

Orders, PRICE, and Resale

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 Trump^SM Mobile Services constitutes a binding offer to sell you any products described on the 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 or after your credit card has been charged. The prices displayed on the Trump^SM 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 Trump^SM Mobile Services are subject to change without notice. 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.

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 our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

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 endeavor to charge you for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that has not been taxed by us and pay the sales or use tax on those purchases unless exempt under 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, duty, and taxes are non-refundable in the event of a return/exchange.

FINAL SALE

UNLESS OTHERWISE INDICATED ON THE TRUMP^SM MOBILE SERVICES AND/OR IN THESE TERMS, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION ON A CASE-BY-CASE BASIS, ALL SALES ARE FINAL AND NON-REFUNDABLE.

External Websites and Resources

We have not reviewed all of the websites linked to the Trump^SM Mobile Services and are not responsible for the content of any third-party pages and any other websites linked to the Trump^SM Mobile Services or any products or services offered by third parties. 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 Trump^SM 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 Trump^SM 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 Trump^SM Mobile Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

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

By using the Trump^SM 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 grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

If you choose to communicate or meet with other users of the Trump^SM 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 Trump^SM Mobile Services.

Trump^SM Mobile Services is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to Trump^SM Mobile Services.

YOU REPRESENT AND WARRANT THAT:

• YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRUBITE 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 TRUMP^SM 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 TRUMP^SM MOBILE SERVICES

If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to [email protected]. 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 Trump Mobile Services, please notify us by sending an email to the following address: [email protected]

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.

DISCLAIMERS

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE TRUMP^SM MOBILE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE TRUMP^SM MOBILE SERVICES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE MAKE NO WARRANTY THAT THE TRUMP^SM MOBILE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

AS SET FORTH IN THE TRUMP^SM MOBILE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE TRUMP^SM MOBILE SERVICES AND ANY INFORMATION PROVIDED TO OR TAKEN FROM TRUMP^SM MOBILE SERVICES BY YOU.BY ACCESSING OR USING THE TRUMP^SM MOBILE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE TRUMP^SM MOBILE SERVICES.

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 IF 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 TRUMP^SM 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 TRUMP^SM MOBILE SERVICES, OR FROM EVENTS BEYOND TRUMP^SM 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 TRUMP^SM MOBILE SERVICES ARISING OUT OF OR IN ANY WAY RELATED TO THE TRUMP^SM MOBILE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE TRUMP^SM MOBILE’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 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 BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE TRUMP^SM MOBILE SERVICES AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE TRUMP^SM MOBILE SERVICES, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER

Arbitration Agreement

Except as otherwise stated below, any claim or dispute between you and us (or any of our subsidiaries or affiliates) arising out of relating in any way to the Website or our products or 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 Agreement 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’ costs, we will pay all arbitration fees and expenses. 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. 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 Arbitration 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.

This Arbitration Agreement will survive the termination of your relationship with us.

Class Action Waiver.

To 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.

One-Year Time Limit to Raise Disputes or Claims.

You agree that any dispute, claim or lawsuit, regardless of form, that may arise out of or related to these Terms or your use of the Trump^SM Mobile Services, must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or pursuant to law or statute.

Waiver of Jury Trial.

BOTH PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

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. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Palm Beach County, Florida, and the parties agree not to raise, and 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, Trump^SM Mobile Services, if it is determined to be 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 we may be entitled.

You hereby acknowledge and agree that you shall not be entitled to recover any attorneys’ fees, expert witness fees, court/arbitration costs, or other litigation expenses from us in any such Action, regardless of whether you are determined to be the prevailing party.

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, without notice and in our sole discretion, to terminate your right to access or use the Trump^SM Mobile Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

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 [email protected] or telephone at (888) 878-6745. Please contact us with any issues with the Trump ^SM 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 Trump^SM Mobile at the following contact: [email protected]. Any notices to you may be made via either e-mail or postal mail to the address in Trump^SM Mobile ’s records or via posting on the Trump^SM 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.

UNAUTHORIZED USE OF PLANS WITH UNLIMITED SERVICES

Trumpmobile.com, powered by Liberty Mobile Wireless LLC offer certain Plans with unlimited services (i.e., voice, text, or data) that are to be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, and (c) web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion.

Trumpmobile.com Plans may not be used for certain unauthorized uses that adversely impact on our service to other customers or the Carrier’s network. Examples of some unauthorized uses include, but are not limited to, the following: (i) continuous uninterrupted voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video; (iv) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer ("P2P") file sharing; (v) as a substitute or backup for private lines or dedicated data connections; (vi) access to the internet, intranets, or other data networks except as the device’s native applications and capabilities permit (excluding all hotspot applications), (vii) tethering your phone to a laptop or personal computer other than for the use of wireless sync, or (viii) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers. A customer engaged in any unauthorized use may have their service suspended and/or terminated at Trumpmobile.com’s sole discretion.

Unlimited voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls. Trumpmobile.com reserves the right to cancel or deactivate Service or reduce data throughput speeds in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of Trumpmobile.com Service. Trumpmobile.com reserves the right to limit throughput or amount of data transferred and to deny or terminate Service to anyone Trumpmobile.com believes is using their Service in an unauthorized manner or whose usage, in Trumpmobile.com’s sole discretion, adversely impacts a Carrier’s network or customer service levels. Trumpmobile.com will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in Trumpmobile.com’s sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your minutes are deemed excessive by Trumpmobile.com during a 30-day period, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, in our sole discretion, that you are using your service in violation of the Trumpmobile.com Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may terminate individual calls or data connections, terminate or reduce data throughput or terminate your service, decline to renew your service, or offer you a different prepaid plan with no unlimited usage component.

Trumpmobile.com may discontinue providing service to you, terminate your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of Trumpmobile.com: (a) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Trumpmobile.com customers or (b) may be harmful, disruptive, or interfere with the Carrier’s network, Trumpmobile.com’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to Trumpmobile.com’s right to terminate your Service under these circumstances. Trumpmobile.com may discontinue providing service to you, terminate your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, in the sole judgment of Trumpmobile.com: (a) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Trumpmobile.com customers or (b) may be harmful, disruptive, or interfere with the Carrier’s network, Trumpmobile.com’s service or the ability to provide quality service to other customers. By initiating Service and placing or receiving calls, you acknowledge and agree to Trumpmobile.com’s right to terminate your Service under these circumstances.

Subscriber of our services is responsible for the payment of applicable telecommunication taxes and fess as imposed by the various government agencies such as the FCC, State Public Utility Commission, etc.

Miscellaneous

These Terms of Use and our Privacy Policies, 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 Trump^SM Mobile Services publication of any content found on the Services as an endorsement by Trump^SM 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 Trump^SM 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 and that by submitting information, you explicitly authorize such transfer.

These Terms constitute the entire agreement between you and Trump^SM Mobile relating to your access to and use of the Trump^SM Mobile Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of Trump^SM Mobile . No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Trump^SM 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 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 [email protected]. 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 that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.