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RENTAPHONE TERMS OF USE AGREEMENT

Use of the Rentaphone Service, (the "Service") is governed by these Terms of Use. Use of the Service constitutes your agreement to follow these rules and to be bound by them. The Service is provided by Action Cellular Rent a Phone, Inc., dba Rentaphone ("Rentaphone" or the "Company").

This is a legal agreement ("Agreement") between you ("you") and the Company, so please read this Agreement and all related information referenced by this Agreement carefully before ordering Service. By completing your reservation and clicking "I have read and agree to the Rentaphone Terms of Use", you will become a registered user of the Service (a "Registered User") and you agree to be bound by these Terms of Use (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT PROCESS YOUR RESERVATION. The Equipment you rent is and remains Rentaphone's property. You acknowledge that you acquire no rights hereunder other than temporary use of the Equipment.

The Terms are subject to change by the Company at any time, effective upon posting updated Terms of Use on the Website; any use or access of the Service after such notice will constitute acceptance by you of such changes.

1. EQUIPMENT PLANS AND USAGE PLANS

a. Rentaphone offers several Equipment rate plans and airtime rate plans for you to choose from. Some plans require a charge even if you do not use our Service, and some plans provide for additional charges if your Equipment is not returned on time or if your usage exceeds the number of minutes on your airtime plan.

Make sure you select the plans that best correspond to your estimated rental term and usage. Rental charges start at the "Deliver By" date on the Reservation Form and continue until the Equipment is returned to Rentaphone’s facility. Please refer to the Pricing page on our website http://rentaphone.com/pricing.php

b. Usage is billed on a "per-minute" basis and the number of minutes of your calls cannot be determined in advance. Airtime usage will only be known once your rental is complete, your phone has been returned and the phone service provider has submitted your call usage to Rentaphone.

c. If your plan requires a minimum term and/ or minimum usage, you will still be obligated to pay your minimum charges even if you do not use the minimum.

d. If you wish to change your plan, you must do so in writing before the Start Date of your rental. The Start Date is the date you entered as "Date Needed" on your rental agreement.

2. CALL CHARGES

All Incoming and outgoing calls are billed, including calls to Directory Assistance, and calls to "toll-free" numbers (such as, but not limited to area codes 800, 844, 855, 866, 877, and 888).

a. Each Incoming and outgoing text message is billed as a one-minute call.

b. Calls made across different satellite platforms (i.e. Iridium to Inmarsat, Iridium to Globalstar) may be billed up to $15.00 / minute.

3. LOSS / DAMAGE

a. You shall return the Equipment to Rentaphone in the same condition as received, except for ordinary wear.

b. In the event of loss, damage, theft or disappearance of the Equipment while rented and caused by or arising during your care, control, possession, operation or use of the Equipment, you shall indemnify and hold Rentaphone harmless from and against any and all such loss, damage, theft or disappearance or any other related expense which may be incurred by Company. Your responsibility for said Equipment shall continue until it has been delivered to Company’s place of business. In such event, you shall pay to Rentaphone, on demand, the amount of such damages or expenses (or the replacement cost of the missing Equipment in the event of loss, theft or disappearance), plus tax, as follows:

YOUR POTENTIAL LIABILITY WITH NO INSURANCE:

Telephones $1,600
Case $150
Batteries (each) $150
Chargers $150
Satellite Hotspot $1,600
Sim Cards $200

c. You may elect to purchase Insurance at the per-diem price set forth on your reservation form.

d. In the event you purchase insurance, and in the event of loss, damage, theft, or disappearance of the Equipment, your liability shall be limited as follows (plus tax):

YOUR POTENTIAL LIABILITY WITH INSURANCE:

Telephones $600
Case $40
Batteries (each) $60
Chargers $60
Satellite Hotspot $650
Sim Cards $40

e. Notwithstanding a loss, you will still be responsible for all rental and use charges incurred until Rentaphone has cancelled service on the Equipment.

f. In the event Equipment is lost or stolen, you must provide Rentaphone with immediate written notice of such loss or theft and shall, in addition, contact Rentaphone's customer service department via telephone. In the event you reach voicemail, you should leave a message identifying the Customer’s name, the telephone number of the rented Equipment and the circumstances of the loss. Company’s messages are all date and time stamped, as well as transcribed.

g. The cost of the insurance is set forth on our online Reservation page and may be purchased at the time the Equipment is rented, but not later than the date and time the Equipment is delivered to you or picked up from our facility.

h. The insurance will not protect you from liability for any loss, damage, expenses, theft or disappearance, which is the result of you's intentional, willful or reckless conduct or for unauthorized use of the Equipment.

i. You will be billed for the removal of stickers you place on the Equipment.

4. EQUIPMENT IS IN GOOD WORKING ORDER

It is your responsibility to ensure that the Equipment functions properly prior to leaving the United States. You should become familiar with the operation of the Equipment and make at least two successful, fully terminated phone calls immediately upon receiving the Equipment and prior to leaving the country. If you believe the Equipment is inoperable, and cannot remedy the problem on your own or with the assistance of the Company, it must be immediately returned to Rentaphone prior to your departure. If you do not make the test calls or do not return the Equipment prior to traveling or within 36 hours of receipt of Equipment, the Equipment shall be deemed operable, and you agree to be responsible for all charges set forth in the rental agreement, including minimum usage fees until the phone is returned to Rentaphone’s facility.

5. EQUIPMENT LIMITATIONS

You acknowledges and agree to rent the Equipment knowing that:
a. It is sometimes difficult to make a connection with a satellite telephone;
b. When a connection is made, you may still experience dropped calls;
c. Satellite phones require line-of-sight access to the satellite in the sky at all times in order to function. d. Anything blocking the view of the satellite such as a building, tree, mountain, canyon, smoke, etc. may prevent making a connection;
e. The Equipment may not work while in motion.
f. Satellite Phones must be turned on and connected with a satellite in order to make or receive calls;

6. CANCELLATION POLICY

a. Unless specified otherwise in this Agreement or in Rentaphone’s rate plans, all reservations shall be subject to a 48-hour written cancellation requirement. Our contact information is online at http://rentaphone.com/contact.php

b. In the event you provide written notice of your intent to cancel more than 48 hours prior to the Phone Requested Date and Time, your liability shall be limited to the round trip delivery charges outlined in the Rental Agreement (provided your Equipment had already been shipped prior to your giving written notice to Rentaphone). Phone Requested Date and Time is the date and time you requested the phone be delivered as outlined in the Rental Agreement.

c. In the event you cancel your reservation less than 48 hours prior to the Phone Requested Date and Time, and provided Equipment has not yet been shipped to you, you shall be responsible for rental charges for 1 day (Equipment charges, prorated minimum airtime, insurance, taxes, etc.).

d. In the event you cancel your reservation less than 48 hours prior to the Phone Requested Date and Time, and in the event the Equipment has already been shipped, you shall be responsible for round-trip shipping charges plus Rental charges starting from the "Deliver By" date on the Reservation Form and continuing until the Equipment is returned to Rentaphone’s facility.

7. EARLY RETURN OF EQUIPMENT

In the event you return the Equipment earlier than what is stated in your Reservation, you shall be responsible for round-trip shipping charges plus Rental charges starting from the "Deliver By" date on the Reservation Form and continuing until the Equipment is returned to Rentaphone’s facility.

8. SECURITY DEPOSIT

Prior to the delivery of your Rental Equipment, a credit card deposit is required for a minimum of $750.00 U.S. per line or per telephone rented.

9. BILLING AND COLLECTIONS

a. Your Rental charges are billed to your credit card after we have received your call usage from our phone service provider. In some cases your credit card may be billed more frequently or before your Equipment is returned. In some rare cases, your credit card may not be billed for several months after the Equipment has been returned, as some countries are slow to provide call records.

b. Should the total Rental charges exceed the amount collected, an invoice will be issued with the balance immediately due and payable. If the deposit exceeds the Rental Charges, Rentaphone will issue a refund to your credit card.

c. Rental charges include, but are not limited to Equipment rental charges, airtime or usage charges, pick-up and delivery charges, airtime adjustment charges (difference between actual usage and required minimum usage), insurance, taxes and other charges computed at the rates specified herein from your "Phone Requested" date until all Equipment is returned to Rentaphone's rental location. Company recommends returning the Equipment using express shipping (as opposed to “ground” shipping) in order to reduce the rental term and the rental charges.

d. If a company credit card is used for payment, you warrant that you are authorized to enter into this Agreement on behalf of your company.

e. If you have directed the billing for charges hereunder to be transmitted to another person, firm, or organization which, upon being so billed, has failed to make payment, then you shall, upon being billed, immediately pay said charges.

f. Payments are due when invoiced. Late accounts may be assessed a 10% late fee, plus interest charges of 2% per month, or the maximum allowed by law, whichever is greater. In the event collection action is required, you shall be responsible for all reasonable legal and collection costs.

10. TAXES

Taxes / Surcharges range from 5% to 20% of airtime and/or Equipment rental, depending on where the Equipment was rented and where it was used.

11. TRANSPORTING OR SHIPPING EQUIPMENT OUT OF THE US

In the event you ship the Equipment into or out of any foreign countries (outside the U.S.), you shall be responsible for all shipping costs, duties and taxes as well as the completion of any and all necessary forms or paperwork required by the applicable local or federal government(s). Some governments may restrict the entry of telecommunication Equipment into the country, and it shall be your sole responsibility to contact each country’s consulate or appropriate government office to ascertain what restrictions, if any, will be imposed.

12. HELP AND SUPPORT

If you need help, you should click the "Contact Us" link on our website http://rentaphone.com

13. COMPLAINTS

To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Contact Us" link on our website http://rentaphone.com

14. COPYRIGHT

All content included on the Website, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rentaphone. or its content licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Rentaphone. and protected by U.S. and international copyright laws.

15. WARRANTIES

a. THE COMPANY PROVIDES THE SERVICE TO INDIVIDUAL END USERS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.

b. The Company does not warrant that your use of the Service will be uninterrupted, always available, or error-free, that the Service will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

c. Rentaphone has contracted with a satellite service provider for the phone service to be used in conjunction with the Rental Equipment. NEITHER THE COMPANY NOR THE ESTABLISHMENT FROM WHICH THE EQUIPMENT IS RENTED MAKE ANY WARRANTY OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE EQUIPMENT OR THE PORTABLE PHONE SERVICE. NEITHER RENTAPHONE NOR THE ESTABLISHMENT FROM WHICH THE PHONE IS RENTED SHALL IN ANY EVENT BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE EQUIPMENT, INCLUDING ANY CLAIMS BASED UPON FAILURE TO HONOR A PORTABLE PHONE RESERVATION AS REQUESTED BY you, WHETHER DUE TO RENTAPHONE’S NEGLIGENCE OR OTHERWISE.

d. Rentaphone does not guarantee uninterrupted service and shall not be liable for the inability of you to complete telephone calls due to circumstances beyond the reasonable control of Rentaphone. You acknowledges that the Equipment may not function in certain geographic areas, such as, but not limited to (i) within some steel and concrete buildings, (ii) in basements or parking garages, or (iii) in some rural, coastal or mountainous areas.

16. MISCELLANEOUS

a. In the event you violate the terms and conditions of this Agreement or you have provided Rentaphone or its agents false information, Rentaphone may terminate this Agreement with you and you shall return the Equipment, and all charges in connection therewith shall become immediately due and payable. Rentaphone may terminate this Agreement or disconnect telephone service at any time for any reason.

b. This Agreement cannot be assigned or transferred by you.

c. No term or condition of this Agreement may be waived or modified as to Rentaphone except by written instrument signed by Rentaphone's authorized representative.

d. This Agreement constitutes the entire agreement between you and Rentaphone covering the Equipment. There are no other representations, conditions, warranties, guarantees or collateral agreements, express or implied, statutory or otherwise, concerning the Equipment, its use, or this Agreement, except as set forth herein.

17. LIMITATION OF LIABILITY

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY, IT'S AGENTS OR ITS AFFILIATES AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CONNECTION WITH THIS RENTAL.

18. INDEMNITY BY REGISTERED USER

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any and all claims, losses, judgments, damages, and liabilities (including reasonable attorneys' fees), whether or not involving a third party ("Claims"), relating to or arising out of (a) your use of the Service, including any breach by you of the Terms of this Agreement, (b) personal injury, death or tangible physical property damage in connection with Affiliate’s act or omission, and (c) without limiting the foregoing, Affiliate's acts or omissions in connection with this Agreement or Affiliate's breach hereof, in each case to the extent such Claim or Claims do not result solely from the gross negligence, recklessness or intentional act of Rentaphone or such other indemnified persons. To the extent the indemnity available to Rentaphone or the other indemnified persons named herein is lesser than that available to any such person or entity under the Affiliate Program Agreement, the indemnification under the Affiliate Program Agreement shall govern with respect to such circumstance and such person or entity.

19. FORCE MAJEURE

Rentaphone shall not be responsible for any failure to perform any obligation or provide Service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or Equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications Services generally and not targeted or directed at Rentaphone specifically, or (d) other similar force beyond Rentaphone.s reasonable control.

20. INTERPRETATION; AMENDMENT; WAIVER; SEVERABILITY

No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. Neither this Agreement nor any provision hereof may be amended, waived or modified in any way other than by a writing executed by the party against whom such amendment, waiver or modification would be enforced. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several paragraphs of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement. Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words "including," "for example," "any," "e.g.," "such as," "etc." or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders. In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.

21. ASSIGNMENT; CHOICE OF LAW; VENUE

The provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of Rentaphone. This Agreement is personal to you, and may not be assigned or transferred to any other person or party. This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to choice of law. Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement shall be brought or otherwise commenced or maintained exclusively in a state or federal court located in the City of San Francisco. Each of the parties specifically consents to the exercise of personal jurisdiction over it for this purpose and waive any objection based on improper venue or inconvenient forum. Rentaphone may, at its option, have the matter heard by and in accordance with the rules of the American Arbitration Association.