TERMS & CONDITIONS

1. Introduction

The following Terms of Service apply to i3Mobile services, products, subsidiaries, affiliates, and mobile phones. Please read these terms of use carefully. By accessing or using our Site, purchasing, activating, and/or using any i3Mobile products, or services in any way, you are agreeing to comply with these Terms of Service, including any policies and guidelines incorporated by reference (referred to collectively as the “Terms of Service”). These Terms of Service are a legally binding Agreement between you and i3Mobile.  Any changes or modifications to these Terms are effective and will be binding upon you when posted on our website at i3Mobile.com. Because these Terms of Service are subject to change at any time, You should always check our website for the most current version.  When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for i3Mobile service.

2. Our Right to Make Changes

These Terms of Service may change at any time, including the prices for i3Mobile’s 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 of Service without notice or obligation. Your right to use our service is subject to our business policies, practices and procedures, rates and these Terms of Service, 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 without notice or obligation.

3. What Devices are Supported by i3Mobile, i3Mobile is powered by America's largest GSM network.

To work on our network, your device has to operate on one of these GSM frequencies:

3G UMTS network - 850, 1900MHz bands

4G LTE network - AWS, 700, 850, 1900MHz bands

Check your device manufacturer’s website.

4. Mobile Telecommunications Services

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 maybe 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 a typical usage suggests that a mobile phone is being used other than for personal use in violation of these Terms of Service. i3Mobile 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.

5. Reasonable Usage

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 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 i3Mobile finds that you are using an unlimited service offering for anything other than dialog between two individuals, i3Mobile may at its option terminate the service.

i3Mobile 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 i3Mobile service. i3Mobile reserves the right to deny or terminate Service, without notice, to anyone i3Mobile believes is using i3Mobile service in any manner prohibited above or whose usage, in i3Mobiles sole discretion, adversely impacts the carrier’s network or customer service levels. i3Mobile will presume you are engaging in a prohibited use in violation of these terms of use if in i3Mobile’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 i3Mobile service in violation of the i3Mobile terms of use, 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, i3Mobile reserves the right to deny service, throttle, deactivate or cancel existing service to anyone for any reason at any time, in i3Mobile’s sole discretion.

You agree not to use i3Mobile service in any way that is illegal, fraudulent or abusive, as determined by i3Mobile in its sole discretion. 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.

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.

6. International Calling

All phone plans include calls made in the 50 United States and 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 i3Mobile. All smartphone plans include unlimited calling to ALL of North America, this includes the U.S, Canada, and Mexico.

7. Messaging

You can send and receive text messages of up to 160 characters on your i3Mobile phone. i3Mobile unlimited service plans include both unlimited voice and text messaging. You can terminate your subscription or switch to another plan by contacting i3Mobile 24/7 online Customer Service. You may receive service alerts from i3Mobile 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 i3Mobile phone, we may terminate your service without further notice.

9. Data Services and Usage

i3Mobile, in its sole discretion, may interrupt or suspend access due to abuse, excessive use, or violations of the Terms of Service. 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, i3Mobile and its underlying carriers may adjust periodically the applicable threshold for i3Mobile’s data usage practices. 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 with any information you share and it is recommended that you use good judgment and care when you communicating and interacting with any website.

11. Balance Inquiries

Calls are billed in one-minute increments, with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. Or you can access your account via our online portal or you may check your balance at any time free of charge by contacting customer service on 833 200 4949.

12. Roaming 

A roaming charge will 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. Roaming in Mexico is only included on the Unlimited Plan Plus plan. 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 of Service, 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 and Monthly Charges 

All Top-Up sales are final and non-refundable 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. 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, i3Mobile will suspend your account. A replacement SIM card can be purchased with your existing number

16. PROMOTIONS

All promotions are for a limited time and subject to restrictions and limitations. i3Mobile expressly reserves the right to change and/or cancel promotions offered at any time. i3Mobile reserves the right to deny or terminate service and/or promotions without notice for any misuse or any use that adversely affects network performance. i3Mobile reserves the right to change coverage, services, and promotions, offered at any time, and i3Mobile 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.

17. Acceptable Use of i3Mobile Products and Services

You may not use i3Mobile’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 i3Mobile customer’s use of our service. i3Mobile and it's 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 i3Mobile rule or policy.i3Mobile Products and Services are sold exclusively for use by you, the end consumer. The unauthorized use or resale of your i3Mobile SIM card is a violation of this Agreement. You also agree not to use unauthorized PINs associated with i3Mobile’s products or Plans or engage in any other unauthorized or illegal use of the Service or assist others in such acts.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 any unused Service.

18. 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 of Service or any other rule or policy of i3Mobile.

19. Location Based Services

Location-based information is information that indicates the location of your i3Mobile SIM card. 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 location-based services will not affect the status of any other services you receive from us.

20. Secure use

i3Mobile 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 phone in accordance with all applicable laws and regulations.

21. 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 i3Mobile Privacy Policy. We take reasonable steps to protect CPNI and your other personal information from unauthorized use or disclosure.

22. Dispute Resolution

i3Mobile 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, even while a dispute is being resolved.

23. 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 Rehoboth Beach in the State of Delaware.

24. Limitation of Liability

Unless prohibited by law, i3Mobile and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages. You agree that i3Mobile 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. i3Mobile 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 i3Mobile, by virtue of these Terms of Service or your use of i3Mobile phones and services. You also agree we are not liable for missed voicemails, deletion of contacts from your address book or data content or messages from your voicemail system.

25. 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.

26. Arbitration Procedures

You must first present any claim or dispute to us by contacting our 24/7 online Customer Support 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.

27. 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.

28. Indemnification

You agree to indemnify and hold harmless i3Mobile 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 i3Mobile 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.

29. Warranties

We do not manufacture our equipment. The only warranties applicable to 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.

ACCESSORIES, AND MATERIALS ARE PROVIDED BY i3MOBILE 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, i3Mobile 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 ACCESSORIES, OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH i3MOBILE WILL BE UNDAMAGED, UNUSED, REFURBISHED, OR CONTAIN OTHER HARMFUL COMPONENTS.

30. Effect of Terms of Service

These Terms of Service supersede all oral or written communications and understandings between you and i3Mobile with respect to our products and services to you and the terms under which they are offered and provided to you.

31. Employment

i3Mobile 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, i3Mobile 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.i3Mobile 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 i3Mobile’s employees to perform their job duties may result in discipline up to and including discharge.

32. Activation Fees

Plans can incur a non-recurring activation fee upon activation up to a maximum of $15.00

33. Entire Agreement

This Agreement and any other associated Agreements with i3Mobile constitutes the entire Agreement between You and i3Mobile. with respect to any i3Mobile Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. 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.

PRIVACY POLICY

i3Mobile (“i3Mobile,” “We,” or “Us”) respects your privacy and the privacy of your family and friends. i3Mobile is committed to protecting the personal information that you and they share with us. By using our website (the “Website”), you agree that your use of the Website is governed by this privacy policy and our Terms of Service. This privacy policy shall also apply to your access of our Website through mobile devices, tablets and through our apps, and your other interactions with us. From time to time, we may update this privacy policy. We encourage you to periodically check this Web site for updates. The most recent version of this privacy policy is reflected by the date located at the bottom of this privacy policy. Your continued use of our Website affirms your agreement to such changes.

This Privacy Policy applies to the i3Mobile owned and operated websites and its subdomains (“Sites”) and applies to i3Mobile services, products, subsidiaries and affiliates. i3Mobile knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by i3Mobile when you access the Sites and i3Mobile Service (including through the websites of our partners), how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. The use of information collected through our Sites shall be limited to the purposes under this Privacy Policy and our Terms of Service to customers.

WHAT TYPES OF INFORMATION WE COLLECT ABOUT YOU

We collect information about you and your associated device(s) when you use our products or services or otherwise interact with us or with third-party services through our products and services. Examples of the types of information we collect include:

Personal Information: “Personal Information” means information that we directly associate with a specific person or entity (for example: name; addresses; telephone numbers; email address; Social Security Numbers; payment information; call records; wireless device location). Personal information does not include

“de-identified,” “anonymous,” or “aggregate” information – which are not associated with a specific person or entity.

Customer Proprietary Network Information (CPNI): Customer Proprietary Network Information, or “CPNI,” is a subset of Personal Information that is generated in connection with the telecommunications services we provide to you. CPNI includes, for example, call details, call location information, and certain information about your rate plans and features. CPNI does not include your name, address, and phone number.

Network and Device Information: We may collect information about your use of our network (or other carriers’ networks when roaming domestically and internationally) and the device(s) associated with your account, network data related to WiFi usage and device, and performance information, as well as data relating to your use of our website, applications and other products and services.

Location Data: We may collect your device’s location whenever it is turned on (subject to coverage limitations).

Performance and Diagnostic Data: We may collect performance and diagnostic data about your use of our network, networks you roam on, WiFi services or your device. For example, we may collect information about the performance of the device, signal strength, dropped calls, data failures, battery strength and other device or network performance issues. We may also collect information about applications on your device, the fact that an application has been added, when an application is launched or fails to launch, and length of time an application has been running.

Collection of Information About Children: We do not knowingly solicit children to purchase our services or products. If, however, you authorize a child to use our services or products by providing them a device associated with your account, any information associated with such use will be treated as your information in accordance with this Policy.

Our websites are not designed to attract children under the age of 16 and we do not intentionally or knowingly collect Personal Information on our websites from anyone under the age of 16. We encourage parents to be involved in the online activities (including wireless Internet browsing) of their children to ensure that no information is collected from a child without parental permission.

HOW INFORMATION ABOUT YOU IS COLLECTED

i3Mobile collects information about you in three primary ways:

  • Information You Provide: We collect information that you provide to us when you apply for and use or purchase our products or services or otherwise communicate with us. 
  • Information We Collect Automatically: We automatically collect a variety of information associated with your use of your device (on our network, when roaming, or in WiFi mode) and our products and services, some of which may be associated with you. 
  • Information From Other Sources: We may also obtain information about you from other sources. For example, we may receive credit information from third-party sources before initiating your service, and updated address information from our shippers or other vendors. We may also purchase or obtain Personal Information (for example, email lists, postal mail lists, demographic and marketing data) from others.

HOW WE USE INFORMATION WE COLLECT ABOUT YOU

We use the information we collect for a variety of business purposes, such as:

1. To route your calls or messages or otherwise provide you with service;

2. To provide and bill for products and services you purchase and charge to your account;

3. To deliver and confirm products and services you obtain from us;

4. To verify your identity and maintain a record of your transactions and interactions with us;

5. To provide customer and technical services to you;

6. To create, modify, improve, enhance, remove or fix our network, products and services and their performance;

7. To identify and suggest products or services that might interest you;

8. To make internal business decisions about current and future product and service offerings;

9. To provide you customized user experiences, including personalized product and service offerings;

10. To protect our rights, interests, safety and property and that of our customers, service providers and other third parties; and

11. To comply with law or as required for legal purposes.

Fraud Prevention: We may use Personal Information, including account information (such as purchase patterns) and device information for investigations or prevention of fraud or network abuse. We provide fraud prevention services to banks or other third parties. As part of this service, we may verify your phone number to help those third parties prevent your personal information from being used for fraudulent purposes. We also may provide the information you report as spam to a third party to prevent fraud or network abuse, and we may share such information with government agencies and others that work to combat spam and prevent fraudulent, deceptive, and unfair practices.

Information Collected from Cookies: We may also use information collected from cookies or other similar technologies to improve our websites, make recommendations, and complete transactions you request.

Marketing: We may use information we collect to contact you about i3Mobile or third-party products, services, and offers that we believe you may find of interest. We may contact you by telephone, postal mail, email, or other methods. You may opt-out of receiving marketing communications from us at any time as outlined below in Choices Regarding Use of Your Information.

Performance, Diagnostics & Management: We collect information about devices, our network and WiFi usage to perform diagnostic analyses and understand how your device is performing overall. Diagnostic data helps us troubleshoot technical issues related to your device’s performance such as battery life, dropped calls, processing speed, device memory, service coverage, and network and WiFi signal strength that you and other customers may experience. If you are using a device in WiFi mode, we may collect information about that usage, such as the routing address and IP address. We also may use diagnostic data to identify and recommend products and services.

Location-Based Services: We use location information to route wireless communications and to provide 911 service, which allows emergency services to locate your general location. We may disclose, without your consent, the approximate location of a wireless device to a governmental entity or law enforcement authority when we are served with lawful process or reasonably believe there is an emergency involving risk of death or serious physical harm.

Depending on your device, you may also be able to obtain a wide array of services based on the location of your device (for example, driving directions, enhanced 411 Directory Assistance or search results, etc.). These data services, known as Location-Based Services (“LBS”) are made available by us and others, usually via applications. These services use various location technologies and acquire location data from various sources.

These applications and services use various location technologies (including Global Positioning Satellite (“GPS”), Assisted GPS (“AGPS”), cell ID and enhanced cell ID technologies) to identify the approximate location of a device, which is then used in conjunction with the application to enhance the user’s experience (for example, to provide driving directions, to provide enhanced 411 Directory Assistance or search results, etc.)

LBS may, or may not, involve any interaction with or dependency on our network, and location-based services may or may not look to our network to obtain location data. Where we allow third parties the capability of accessing data about your location that is derived from our network, we require those third parties to observe specific privacy and security protections consistent with this policy.

It is important that you understand the location capabilities and settings of your device, and that you carefully read and understand the terms under which these services are provided – whether by us or another entity.

You should carefully review the privacy policies and other terms of third-parties with whom you have authorized the sharing of your location information, and you should consider the risks involved in disclosing your location information to other people.

Where we provide a location-based service, you will receive notice of the location features of the service and collection of location data is with your consent. You will be provided options for managing when and how such information should be shared.

ADVERTISING

You may see advertisements when you visit our websites, mobile websites, in mobile applications, or on your device. We may help advertisers’ better reach our customers by providing certain customer information, including device type, geographic information, language preferences or demographic information obtained from other companies. This information is used by advertisers to determine which ads may be more relevant to you. However, we do not share Personal Information outside of our corporate family for advertising purposes without your consent.

We do not provide your Personal Information to third-party advertisers without your consent.

Advertising may be tailored to the interests that advertisers have inferred from rom your browsing of our websites or other websites or applications with which the third-party partners to provide advertising.

We may provide third-party advertisers with aggregated or de-identified location, demographic or similar data (unrelated to your browsing activities) that does not personally identify you. This data may be used by advertisers to help tailor their ads on our websites, and on other sites and applications.

We, and our providers, may use a de-identified profile of your web-browsing and application use activity and interests. This profile does not contain information that identifies you personally, but may include a unique or encrypted identifier that enables your device to be matched to a profile of your browsing activity and de-identified characteristics about your interests.

When we use information associated with your web browsing activities on websites that are not our own to provide interest-based advertising or offers, we will provide you with notice and appropriate choice.

Choices about Advertising. i3Mobile adheres to the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising

On Your Mobile Device. Where we offer interest-based ads, you can opt-out of certain interest-based advertising by clicking on the ad options link on or near the advertisement.

If you turn off interest-based ads, you will still see just as many ads, but the ads may not be based on your interests and may be less relevant to you.

Your choice only affects the ads you see on websites and applications you access on your device.If your device’s browser cookies are deleted, or your device is reset, you may need to reset the interest-based ads feature.If you are using your device, but are not on our network (such as a WiFi network), we, and our ad providers, may not be able to identify your ad choices.

On Your Computer or Non-Mobile Device. For information about targeted advertising, or to opt-out of use of your browser information for purposes of certain third-party advertising, please visit www.aboutads.info/choices. Please note that if you opt out, you will continue to receive the same number of ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to content on a web page or based on other non-personal information. Please note that this opt-out is cookie-based. If you change computers or devices, change web browsers, or delete cookies, you will need to visit the about ads site and opt-out again.

WHEN WE SHARE INFORMATION COLLECTED ABOUT YOU

We do not sell, license, rent, or otherwise provide your Personal Information to unaffiliated third-parties (parties outside the i3Mobile corporate family) to market their services or products to you without your consent. We may, however, disclose your information to unaffiliated third-parties such as:

With Your Consent: We may disclose Personal Information about you to third-parties with your consent. We may obtain your consent in writing; online, through “click-through” agreements; when you accept the terms of disclosures on your phone for certain applications or services; orally, in our stores or on the phone, including through interactive voice response; or implicitly, for example, when you purchase a product and ask that it be shipped to your home, consenting to our disclosure of your name and address to a third-party shipping company to complete delivery.

To Our Service Providers: We may disclose information to third-party vendors and partners who complete transactions or perform services on our behalf (for example, credit/debit card processing, billing, shipping, repair, customer service, auditing, and marketing).

Third-Party Carriers and Suppliers: If you are roaming on the network of another carrier or WiFi service provider, your wireless telephone number, your location, the numbers you dial, and other information about your usage will be available to that carrier to facilitate that service.

In a Business Transfer: We may sell, disclose, or transfer information about you as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third-parties as a business asset in the transaction.

For Legal Process & Protection: We may disclose Personal Information, and other information about you, or your communications, where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary:For Legal Process & Protection: We may disclose Personal Information, and other information about you, or your communications, where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary:

Co-Sponsored Websites and Partners: If you provide information to us in connection with a co-sponsored website, this Policy will apply to our use of the information and the co-sponsor’s policy will apply to their use of the information. If you purchase equipment or activate service at one of our partner locations (including websites of such dealer or retailer), they may request information from you that is passed to us as part of the activation process, but which may also be retained by the partner. This Policy will govern our treatment of such information, and the partner’s privacy policy will govern its use of such information.

Third-Party Applications for Your Devices: We are not responsible for the third-party applications (for example, applications, programs, widgets, etc.) you select and install on your device. When you install third-party applications, you may give your consent for the third party to access information stored on the device and our network to facilitate the application’s functions (for example, you may consent to third-party access to your location information – see Location Based Services). The manner in which such third-parties may use, share, or disclose such information would be governed by the terms and conditions and privacy policy provided by that third party – not by this Policy.

Directories: We do not publish directories of our customers’ wireless numbers; nor will we provide or make such numbers available to third-parties for listing in their public directories, without the customer’s prior consent.

HOW WE STORE AND PROTECT THE INFORMATION COLLECTED ABOUT YOU

Protecting Your Information: We use a variety of physical, electronic, and procedural safeguards to protect Personal Information from unauthorized access, use, or disclosure while it is under our control.Under federal law, you have a right, and we have a duty, to protect the confidentiality of CPNI and we have adopted policies and procedures designed to ensure compliance with those rules. We will not intentionally disclose your CPNI to third-parties without your permission, except as allowed under FCC rules, applicable law, or explained in this Policy.

Retention and Disposal: We retain information only for as long as we have a business or tax need or as applicable laws, regulations, or government orders allow. When we dispose of Personal Information, we use reasonable procedures designed to erase or render it unreadable (for example, shredding documents and wiping electronic media).

HOW YOU CAN UPDATE YOUR INFORMATION AND CHOOSE HOW WE CONTACT YOU

Access to Your Information: You may access and modify your contact information by contacting us. You may also modify some information on through your online portal.

Choices Regarding Use of Your Information: We may send you communications about services or products we, or our partners, sell. We want to provide you with meaningful choices regarding our marketing communications and you may choose to limit or opt-out of marketing communications from us at any time. Although you may elect not to receive marketing information from us, if you subscribe to our services or buy our products, you will continue to receive customer-service and transactional notices, and similar communications.

You may manage your marketing preferences by contacting i3Mobile Customer Service using our live chat service, with respect to marketing emails and text messages, by following the “unsubscribe” instructions on any marketing email we send you.

Do Not Call Registry: The FTC maintains a National Do Not Call Registry at https://www.donotcall.gov/, and your state may maintain its own Do Not Call Registry. Putting your number on these Registries also may limit our telemarketing calls to that number.

YOUR ROLE IN PROTECTING YOUR PRIVACY

Protecting Your Personal Information: You play an important role in ensuring the security of Personal Information. We encourage you to use passwords or PIN to prevent unauthorized access to your device, your online account, and your voicemail. You may also establish an optional password to identify yourself during calls with our Customer Service representatives. We recommend that you use unique, non-obvious passwords, that you periodically change your passwords, and that you not share your passwords with others.Many devices store information in the device’s memory, on the SIM card, and/or on SD memory cards. Therefore, before selling, discarding, trading in, or giving away your device, be sure you remove and retain your SIM and SD memory card and follow the manufacturer’s instructions for deleting Personal Information or other data on the device. (This can be found in your owner’s manual or on the manufacturer’s web site.)

Lost or Stolen Devices: In order to protect you, please notify us immediately by contacting us on live support. if you believe your device has been lost or stolen or if you believe your Personal Information has been accessed without your consent.

Limit Third-Party Access: If you provide a third-party with access to your device, or share your password or PIN, you should understand that your Personal Information may be accessed, deleted, altered, or transferred to another device or our network servers by the person using the device, and that we will treat that user as you for purposes of this Policy.

Caller ID Blocking: When you use i3Mobile communications services, your name and/or telephone number may be transmitted and displayed on the receiving party’s communications device and/or phone bill unless you block that information. Refer to the specific instructions for your communication device regarding Caller ID Blocking. Caller ID Blocking does not prevent the display of your information when you dial certain business numbers, including 911, 900 numbers, or toll-free numbers.

Social Networking, Forums and Chat Rooms: If you use or link to a public forum, bulletin board, chat room, or social network on or from a i3Mobile web website, be aware that any information you post or submit can be read, collected, or used by other users of these forums, including to send you unsolicited messages. We urge you not to share your Personal Information (for example, your name, phone numbers, addresses, passwords or PIN, etc.) on these websites. We are not responsible for access to or use of information you choose to submit or share with others. For example, if you post your wireless number on a social network in order to receive updates by text message, standard message charges will apply to such messages.

OTHER INFORMATION YOU SHOULD KNOW

Consumer Code for Wireless Service: We follow the Consumer Code for Wireless Service established by the Cellular Telecommunications & Internet Association (“CTIA”). In doing so, we want to help customers understand their bills, receive quality service, and make informed choices and conform our information practices under this Policy to meet the requirements of applicable federal and state laws and regulations.

PRIVACY POLICY UPDATES AND CONTACT INFORMATION

How We Communicate Changes to This Policy: We may update this Policy at any time to provide updates to or clarification of our practices. If we make changes, we will notify you by revising the date at the bottom of the Policy and, in some cases, we may provide you with additional notice (such as adding a statement to the homepage of our website or sending you a notification). You should refer to this Policy often for the latest information and the effective date of any changes