MobileRechargeLive MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY FACT OR BY OPERATION OF LAW, IN CONTRACT OR TORT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR REGARDING THIS WEBSITE, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED IN THIS WEBSITE, OR ANY PRODUCT OR SERVICE SOLD OR PURCHASED THROUGH THIS WEBSITE.
MobileRechargeLive may discontinue, change, or suspend any aspect of the website or any product or service offered by MobileRechargeLive at any time. MobileRechargeLive may change, discontinue or suspend the availability of any database, content, feature, or product of the website. MobileRechargeLive may impose limits on features, including services, use or restrict your access to parts or to the entire website without notice or liability.
In no event shall MobileRechargeLive, its employees, officers, representatives, service providers, suppliers, licensors, and agents be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with (i) the use or inability to use the websites or the content, materials, software, information or transactions provided on or through the websites, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the websites or the content, materials, software, information, products, or services on or available through the websites, (iii) the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from our website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on our website; (vi) the delay or failure in performance resulting from an act of force majeure, including without limitation, acts of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties or any reasons beyond their reasonable control; or (vii) any other matter relating to our website, even if MobileRechargeLive or its authorized representatives have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the website and/or website-related services is to stop using the website and/or those services.
Dispute arising from purchase on this website or relating to this agreement, if not settled by the parties in good faith, may at their discretion, be submitted for arbitration to American Arbitration Association (AAA) at their offices in Georgia. All disputes, including interpretation of Arbitration Award shall be subject to laws of State of Georgia, and jurisdiction shall reside with Federal and State Court in Georgia. Prevailing party in the dispute shall be entitled to, in addition to any damages or relief, to reasonable expenses and attorney fees from the other party.
You agree not to file a credit card or debit card chargeback with regards to any purchase made on the website but instead try to resolve the issue with the service provider - MobileRechargeLive. If you do not remember making the purchase - call the number on your statement next to the charge.
In the event that you breach this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit/debit card processor or by VISA or MASTERCARD, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit/debit card processor or our banks and the reasonable value of the time of our employees spent on the matter, as determined in our discretion in good faith.
In the event that a chargeback is placed or threatened on a purchase, we also reserve the right to report the incident for inclusion in chargeback abuser database(s). We use various credit reporting agencies and will send a default notice to them upon receiving a fraudulent order and/or chargeback. This in turn will seriously affect your credit rating. We are under no obligation to mark the debt as paid, even after we receive further payment to rectify the situation. We use several credit reporting agencies from Australia, United States, New Zealand, United Kingdom and several countries in Europe. In the event of a chargeback or in the event any payment is declined or not timely made, we reserve the right to suspend the affected services until payment in full is made.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO RESOLVE ANY DISPUTE
WITH US AS SPECIFIED BELOW THROUGH BINDING ARBITRATION AND TO WAIVE YOUR RIGHT TO
A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION SUIT.
IN THE EVENT OF ANY AND ALL CLAIMS OR DISPUTES OF ANY NATURE, INCLUDING TORT,
CONTRACT OR STATUTORY CLAIMS, IN ANY WAY RELATED TO OR CONCERNING THE TERMS AND
CONDITIONS, YOUR USE OF THE WEBSITE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING
ANY BILLING DISPUTES (COLLECTIVELY, “DISPUTE”), YOU MUST FIRST GIVE US AN OPPORTUNITY
TO RESOLVE THE DISPUTE BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM (“NOTICE OF
DISPUTE”) TO:
KeepCalling
4780 Ashford Dunwoody Rd Ste A236
Atlanta, GA 30338
The Notice of Dispute must contain enough information for us to identify your account and attempt to
resolve your claim, including (a) the name of the KeepCalling account holder; (b) billing account
number; (c) the mobile telephone number at issue; (d) a written description of the problem, relevant
documents and supporting information; and (e) a good faith calculation of the damages you claim to
have suffered and a statement of the specific relief you are seeking.
IF WE ARE UNABLE TO RESOLVE THE DISPUTE WITHIN A REASONABLE TIME (NOT TO EXCEED
THIRTY (30) DAYS), THEN THE DISPUTE SHALL BE RESOLVED BY MANDATORY AND BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN
ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. JUDGMENT ON THE
ARBITRATION AWARD MAY BE ENTERED IN ANY COURT IN DEKALB COUNTY, GEORGIA HAVING
JURISDICTION THEREOF.
The AAA rules are available at
www.adr.org. Payment of all filing, administration, and arbitrator fees
will be governed by the AAA Rules.
CLASS AND MASS ACTION WAIVER. YOU HEREBY WAIVE WITH RESPECT TO ANY DISPUTE: (I) THE
RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT, EITHER AS A CLASS REPRESENTATIVE OR
CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER
PERSON.
JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KeepCalling AGREE TO
WAIVE THE RIGHT TO A JURY TRIAL.
GOVERNING LAW. ANY DISPUTE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA,
EXCLUDING ITS PRINCIPLES GOVERNING CHOICE OF LAW.
MANDATORY FORUM SELECTION. ANY ACTION CONCERNING A DISPUTE SHALL BE BROUGHT IN THE
COURTS LOCATED IN DEKALB COUNTY, GEORGIA. YOU AND KeepCalling CONSENT TO THE
JURISDICTION OF THOSE COURTS AND WAIVE ANY OBJECTION AS TO PERSONAL JURISDICTION OR AS TO THE LAYING OF VENUE IN SUCH COURTS DUE TO INCONVENIENT FORUM OR ANY OTHER BASIS OR
ANY RIGHT TO SEEK TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION TO ANOTHER COURT.
Prevailing-Party Attorneys’ Fees, Costs and Expenses. In connection with the resolution of a
Dispute, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and
expenses from the losing party, including fees, costs and expenses incurred in arbitration proceedings
and proceedings concerning the arbitration award, and all appeals.
These Terms and Conditions may be available in multiple languages; in the case of a conflict between any other language version and the English language version of these Terms and Conditions, the English language version shall always control.