Horizon Mobile’s Terms and Conditions
Please read these Terms carefully They cover important information about all Horizon Mobile services provided to you (the "Service") and any Horizon Mobile phone, handset, device, SIM card, starter kit data card, or other equipment ("Device"). These Terms include limitations of liability, privacy and resolution of disputes by arbitration instead of in court. To the extent these Terms conflict with the Horizon Mobile Terms and Conditions you receive with your Device, these Terms apply; different Terms may apply to different lines of service on your account.
You represent that you are at least 18 years old (21 years old or legally emancipated if you are a Puerto Rico customer). If you sign for an organization, you represent that you are authorized to sign. You agree to pay any access and usage charges, taxes, fees and other charges that were accepted or processed through your Device ("Charges"). You may designate others to manage or make changes to your account ("Authorized User"). You and Authorized Users will have access to all account information. If you give your personal account validation information to someone, they can access and make changes to your account just as you can. Those changes will be binding on you. You may request to switch to another Rate Plan, and if we authorize the change, a transfer fee may apply. Changes may increase or decrease the cost of your service..
1. Acceptance. YOUR AGREEMENT WITH HORIZON MOBILE STARTS WHEN YOU ACCEPT. You accept by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or Device. IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.
2. Dispute Resolution and Arbitration. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW (AND EXCEPT AS TO PUERTO RICO CUSTOMERS), ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers or retail dealers) whenever you also assert claims against us in the same proceeding. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 23). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
For all disputes (except for Puerto Rico customers), whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 13 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described below.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies, you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU ACTIVATED THAT PARTICULAR LINE OF SERVICE (the "Opt Out Deadline"). You may opt out of these arbitration procedures via the internet by completing the opt-out form located at www.horizonmobiles.com. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Sec. 14) to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. We will pay upon filing of the arbitration demand, all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, Horizon Mobile agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
3. Cancellation and Returns. DEVICES. For customers who purchase Devices directly from Horizon Mobile's on-line store you can return your phone WITHIN 14 DAYS of purchase (30 days if you purchased in California; other states may differ) ("Return Period"). To receive a refund of the purchase price of your Device (less any rebates and shipping costs), you must return it (with original packaging and all contents) within the Return Period in undamaged condition and good working order. You may be required to pay a restocking fee. Go to www.horizonmobiles.com/equipmentreturns for return instructions. For Devices purchased from an independent retailer, return to the retailer for equipment return details. If you purchased your Device through a Horizon Mobile dealer, the dealer's return policy may differ from Horizon Mobile's policies. SERVICE. There will be no refund of Service fees once the Service is activated.
4. Our Rights to Make Changes. Your Service is subject to our business policies, practices, and procedures, which we can change without further notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE TERMS IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE VIA TEXT MESSAGE AND YOU MAY TERMINATE YOUR SERVICE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES.
5. Your Wireless Device & Compatibility with Other Networks. Your Device may not be compatible with the network and services provided by another service provider. You may buy a Device from us or someone else, but it must, as solely determined by Horizon Mobile, be compatible with, and not potentially harm, our network. Some Horizon Mobile features will be available only on Devices purchased from us. A Horizon Mobile Device is designed to be used only with Horizon Mobile service; however, you may be eligible to have your Device reprogrammed to work with another carrier but you must contact us to do so. Not all Devices are capable of being reprogrammed. At times we may change software, applications or programming remotely and without notice. This could affect data you have stored on, the way you have programmed, or the way you use your Device.
6. Service Availability. You acknowledge and agree that service may not be available in all areas in which you travel. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. You agree we are not liable for Service availability or problems related to quality.
7. 9-1-1. When making 9-1-1 or other emergency calls, you should be prepared to provide information about where you are located. 9-1-1 operators may not know your phone number or have information about your location. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. Horizon Mobile is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided.
8. Charges and Call Details. You may review your call and charge details on our website at www.horizonmobiles.com Domestic and Puerto Rico data usage is billed in full-kilobyte increments and is rounded up to the next full-kilobyte increment at the end of each data session. If you are on a metered data plan, and exceed your data limit, you may purchase an additional data plan to resume data usage. We do not guarantee that you will not receive spam or other unsolicited messages, and you agree that we are not liable for such messages.
9. Roaming and International Calling. You acknowledge and agree that domestic and international roaming is not available under the Horizon Mobile Service.
International Dialing. You must be enrolled in a International Long Distance ("ILD") service to make long distance calls. The ILD service is provided by Horizon Mobile. The specific terms and conditions for International Long Distance Services may be found at www.horizonmobiles.com Specific country rates are published on www.horizonmobiles.com and subject to change.
10. Taxes and Fees. Unless otherwise specified in a rate plan, you agree to pay all taxes, fees, and surcharges ("Taxes & Fees") imposed by the government. We may not always give advance notice of changes to these items. To determine Taxes & Fees, we will use the street address you identified as your Place of Primary Use ("PPU"). The PPU for Puerto Rico customers must be in Puerto Rico. If you did not identify the correct PPU, or provided us with an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default PPU.
Unless otherwise specified in a rate plan, you agree to pay all other charges we assess to recover or defray governmental charges or costs we incur in connection with the services we provide, such as Federal Universal Service, regulatory and administrative charges, or gross receipts taxes, without regard to whether these governmental charges or costs fund programs that provide benefits to you or in your location. These charges are not taxes or regulatory fees imposed directly on you, nor required by law to be billed to you, may be kept by us in whole or in part, and the amounts and what is included in these charges are subject to change without notice.
11. Payments. If we do not receive payment in full by the due date for the next periods service Horizon Mobile may immediately suspend or cancel your Service. Puerto Rico customers: This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you do not pay in full by the due date.
12. Your Right to Dispute Charges. If you have a dispute regarding your charges to your account, you agree to notify us of the dispute within 60 days (20 days for Puerto Rico customers) after the date you first receive the disputed bill or charge ("Dispute Period"), unless otherwise provided by law. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Except for Puerto Rico customers and unless otherwise provided by law, you must pay disputed charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 13. This paragraph is notice to Puerto Rico customers that payment of undisputed charges is due when you are notified, regardless of any dispute.
13. Notices and Customer Communications. You may contact our Customer Care department at www.horizonmobiles.com, or by calling (877) 878-7908. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to you. Notices from you to us are considered delivered when you send an email or 3 days after mailing to the addresses above.
14. Lost or Stolen Equipment. To avoid unauthorized use of your Horizon Mobile Service, if your Device is lost or stolen you may notify us by visiting our website or by calling Horizon Mobile at 1(888)252.1112. Upon receiving notice that your Device is lost or stolen, Horizon Mobile will temporarily deactivate your Service. To re-activate your Service you must notify us that you have purchased a new Horizon Mobile SIM card and wish to resume your Horizon Mobile Service. The suspension period will not alter the expiration date of the Service for which you have paid prior to your Device being lost or stolen (the "Expiration Date"). The time period for which you have paid will continue to run and your Service will expire on the Expiration Date. If your Service has expired prior to you notifying Horizon Mobile that you have purchased a new SIM card and wish to re-activate then you will be required to pay for the full 30 day cost of the Service plan you select at time of re-activation.
15. Misuse of Service or Device. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or "denial of service" attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your Horizon Mobile Device; (e) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling Horizon Mobile Devices for profit, or tampering with, reprogramming or altering Horizon Mobile Devices for the purpose of reselling the Horizon Mobile Device; (g) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, "bots" or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Horizon Mobile's or another entity's network or systems; (i) running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions (e.g. using a Data Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (j) assisting or facilitating anyone else in any of the above activities. Unless authorized by Horizon Mobile, you agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms Horizon Mobile, which cannot be fully redressed by money damages, and that Horizon Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.
16. Our Rights to Limit or End Service or the Agreement. WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any credit limitation on your account ; (c) provides inaccurate information ; (d) lives in an area where we don't provide Service. (e) misuses your Service or Device as described herein; (f) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (g) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. This paragraph constitutes notice to Puerto Rico customers that your Service may be suspended or cancelled if you engage in any of the foregoing actions in Sections 15 and 16, including but not limited to failing to pay amounts when due, in accordance with the Puerto Rico Suspension Regulation 5940 of March 12, 1999, promulgated by the Telecommunications Board where applicable, or in Horizon Mobile's sole discretion. If your Service or account is suspended or terminated and then reinstated, you may be charged a reactivation fee.
17. Intellectual Property. You agree not to infringe, misappropriate or injure the intellectual property rights of Horizon Mobile or any third party. Except for a limited license to use the Services or Devices arising from the sale of a product, your purchase of Horizon Mobile Devices and Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Horizon Mobile or others related to the Devices and Services, which may be used only with Horizon Mobile Service unless expressly authorized by Horizon Mobile.
You agree that a violation of this section harms Horizon Mobile, which cannot be fully redressed by money damages, and that Horizon Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.
19. Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CAN'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
20. Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.
21. Indemnification. You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service or any Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.
22. Enforceability and Assignment. A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don't enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You can't assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; Horizon Mobile is not a party to that agreement. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 2, 12, 13, 15, and 17 through 22 shall survive expiration or termination of our Agreement with you.
23. Prepaid Terms. Except as set forth in Section 14, or as otherwise required by law, Horizon Mobile will not provide refunds or other compensation for unused airtime balances, lost or stolen prepaid cards, or coupons. To use Horizon Mobile Prepaid Service you must have a prepaid account balance; Service will be suspended when your account balance reaches zero. If you purchase a Device that is sold for use on Horizon Mobile Prepaid Service, you agree that you intend it to be activated on our Service, and do not intend to, and will not, resell, modify and/or export the Devices, or assist someone in these activities. The charges for Service and the expiration period for your prepaid account balance may vary; see www.horizonmobiles.com for more information. You must use your account balance before the expiration date. Coverage specific to Horizon Mobile Prepaid Service may be found at www.horizonmobiles.com
24. Additional Terms for Data Plans and Features
1. Permissible and Prohibited Data Uses
25. Additional Terms for BlackBerry Customers
Question about this Terms and Conditions please call customer service at 1-888-252.1112