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This Agreement does not supplement or replace any agreement
previously signed by Customers with GUSA in connection with service plan
terms of [two] years or longer. If you signed up for such a longer-term
service plan, please refer to the service agreement and accompanying terms
and conditions.
Early-Disconnection
Fee. If during the initial term the Customer’s agreement is (1) terminated
by Customer for any reason, (2) terminated by GUSA for cause, or (3) Customer
switches from a Qualified Service Plan to a Non-Qualified Service Plan,
then Customer will be required to make a lump sum payment of $250.00 due
at the time Globalstar Service is terminated. “Qualified Service Plans”
are Service Plans that exist within a family of promotional plans as determined
by GUSA.
Service Plan Changes. Customer may change to any qualifying plan
with more included minutes at no charge and with no extension of the contract
period. Customers changing to any qualifying plan with fewer included
minutes will incur a $50 administrative fee and a one-year contract renewal
from date of change.
Extension of Agreement Period. Unless sooner terminated in accordance
with the terms of the Customer’s agreement, or unless extended by Customer
to obtain new, additional or different benefits, the Customer’s agreement
automatically extends thereafter on a month-to-month basis until Customer
gives GUSA 30 days prior notice of termination.
Activation Fee. $50.00 activation fee applies.
General Services Administration. For government agencies who agree
to the terms of the Globalstar/GSA BOA# GSO9KOOBHA only. No Early-Disconnection
Fee, Service Plan Change fee or Activation Fee applies on any plan . An
additional $2.00 GSA Administration fee will be charged and passed through
to the General Services Administration by Globalstar USA.
GLOBALSTAR
USA, L.L.C. SERVICE GENERAL TERMS AND CONDITIONS
This Agreement is entered into between Globalstar USA, L.L.C. ("GUSA")
and Customer effective upon the first use by Customer of the Globalstar™
Service. By using the Globalstar Service Customer confirms that (s)he
has read and accepted all of the terms and conditions set forth in this
Agreement.
- Globalstar
Service. The Globalstar Service comprises the voice transmission
and reception services provided to and/or from Customer through the
low-earth orbit satellite-based telecommunications system known as the
Globalstar System together with such further transmission and reception
services (such as data, messaging, facsimile, paging and position location
services) as GUSA may from time to time make available to Customer through
the Globalstar System. The provision by GUSA to Customer of the Globalstar
Service is subject to the terms and conditions set forth in this Agreement.
The Globalstar Service will be provided to Customer upon the activation
of Customer's account, in consideration for the payments provided for
in the applicable GUSA pricing plan then in effect (the terms of which
are incorporated by reference herein) as detailed in section 3 hereof.
GUSA shall not be bound by any terms and conditions included in Customer's
purchase order or elsewhere unless expressly acknowledged and agreed
by GUSA in writing.
- Conditions
on Use of the Globalstar Service.
(a) Customer Representations: The individual entering into this Agreement
represents and warrants that either: (i) (s)he is entering into this
Agreement as principal and is the Customer; or (ii) if (s)he is not
the Customer, that (s)he has the express authority to enter into this
Agreement on behalf of and to bind Customer to the terms hereof. In
the event of a breach of this latter representation, the individual
entering into this Agreement acknowledges and agrees that (s)he will
be responsible for all obligations of Customer hereunder.
(b) Credit Verification and Deposit: Customer authorizes GUSA to obtain
credit information concerning Customer from trade references and credit
reporting agencies, and such other sources as GUSA deems necessary or
appropriate, in addition to credit information supplied by Customer.
Based on such credit information, and other factors GUSA deems relevant
to Customer's creditworthiness, including, without limitation, Customer's
payment history and/or usage patterns, GUSA may require Customer to
make a deposit as a payment guarantee. Such deposit shall be subject
to increase or reduction as GUSA deems necessary in its sole discretion.
Such deposit shall not accrue interest unless required by law. GUSA
will refund Customer's deposit upon termination of the Globalstar Service
or, after 12 months from the date the deposit was made if (a) Customer
requests a refund, and (b) GUSA in its sole discretion has determined
Customer to be creditworthy. If GUSA refunds the deposit to Customer,
the refund will be sent to Customer by United States first class mail
to Customer's last address according to GUSA's records. GUSA may, in
its sole discretion, provide the Globalstar Service to Customer prior
to a credit review without GUSA waiving its right to demand a deposit
from Customer, and the Globalstar service may be discontinued by GUSA
should Customer not satisfy GUSA's requirements for a deposit.
(c) Home Territory: For purposes of providing the Globalstar Service
contemplated in this Agreement, Customer's Home Territory means the
48 contiguous States of the United States of America and Bermuda.
(d) Transmission and Capacity Limitations: Customer understands and
acknowledges the Globalstar Service is provided subject to the availability
of capacity on the Globalstar System which is limited due to the space
technology involved and scarcity of assigned radio spectrum. The Globalstar
Service may become unavailable or limited because of capacity limitations
or emergency pre-emption by governmental authorities who have jurisdiction
over the Globalstar System, and may be interrupted or curtailed due
to modifications, upgrades, repairs, and similar activities of GUSA,
Globalstar, L.P., or other Globalstar System providers. Globalstar,
L.P. has reserved the right to allocate satellite capacity among all
users of the Globalstar System, including, but not limited to GUSA,
the Customer and the Globalstar Service, respectively. The Globalstar
Service is subject to transmission and reception limitations caused
by: (1) service area limitations, including without limitation topographical
conditions, whether man-made or natural that obstruct the line of transmission
between the user and the Globalstar System satellites; (2) the condition
of the Globalstar System equipment; (3) the condition of Customer's
Globalstar Phone; (4) acts of God, (5) weather conditions, atmospheric
conditions (i.e., space debris, solar flares, and other atmospheric
anomalies or disturbances), magnetic interference, environmental and
topographic conditions and other like conditions.
(e) Globalstar Service Only: Customer understands and acknowledges that
GUSA does not provide any service other than the Globalstar Service
(subject to the terms of this Agreement), including without limitation,
any terrestrial cellular or PCS service. In the event that Customer
elects to utilize any service other than the Globalstar Service in connection
with its use of the Globalstar Phone, Customer understands and acknowledges
that GUSA is not responsible for and neither warrants nor represents
the quality or availability of such service and expressly disclaims
any warranty regarding the interoperability of such service with the
Globalstar Service. Cellular service, provisioning, billing and any
issues relating to the use and operation of the Globalstar Phone on
any terrestrial cellular, PCS or similar network is the responsibility
of Customer.
(f) Equipment: Customer shall use only personal communications equipment,
including mobile handsets, fixed units, car kits, phone booths or other
third-party vendor-modified units, which have been certified and type-approved
by GUSA for use with the Globalstar Service (each a "Globalstar Phone").
EXCEPT AS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, GUSA MAKES NO WARRANTIES
WITH RESPECT TO THE GLOBALSTAR PHONE OR OTHER EQUIPMENT USED BY CUSTOMER
IN CONNECTION WITH THE GLOBALSTAR SERVICE AND EXPRESSLY DISCLAIMS ANY
AND ALL EXPRESSED AND IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING
WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S REMEDIES FOR ANY AND
ALL WARRANTY CLAIMS WITH RESPECT TO THE GLOBALSTAR PHONE OR OTHER EQUIPMENT
USED BY CUSTOMER IN CONNECTION WITH THE GLOBALSTAR SERVICE SHALL BE
THOSE PROVIDED BY GUSA IN THE LIMITED WARRANTY WHICH ACCOMPANIES THE
GLOBALSTAR PHONE OR OTHER EQUIPMENT.
(g) Privacy Limitations: Customer understands that because the Globalstar
Service involves radio technology, voice and data communications transmitted
over the Globalstar System may not be completely private. Customer understands
that calls to emergency referral services, such as "911", are typically
recorded and consents to the recording of such calls. Also, Customer
consents to GUSA monitoring and recording Customer's calls to GUSA in
order to ensure the quality of the Globalstar Service.
(h) Abuse and Fraudulent Use: Neither the Globalstar Service nor any
other means of communication may be used (1) to make foul or profane
expressions, to impersonate another person with fraudulent or malicious
intent, or to call another person so frequently or at such times of
the day or in any manner so as to annoy, abuse, threaten or harass,
or (2) for any purpose in violation of law, or (3) in any manner which
interferes unreasonably with the use of the Globalstar Service by any
other customer or with GUSA's reasonable ability to provide service
to others. If Customer fails to adhere to these rules of the Globalstar
Service GUSA may terminate this Agreement and cease to provide the Globalstar
Service to Customer.
(i) Effect of Regulatory Authority Affecting this Agreement: Customer
agrees that GUSA may amend this Agreement upon written notice to Customer
to comply with regulatory requirements, and to the extent the terms
of this Agreement are amended by GUSA to comply with any requirements
of governmental entities, such amendment(s) does not constitute a repudiation
or breach of this Agreement by GUSA, and Customer agrees to act in conformity
with such amended terms and requirements as they may affect his/her
performance under this Agreement.
(j) Telephone Numbers: A telephone number may not be used in more than
one Globalstar Phone. Customer has no property or other continuing right
in any assigned telephone number, and none can be acquired by usage
or otherwise. GUSA reserves the right to assign, designate, or change
any such telephone number when reasonably necessary in the conduct of
its business. Any telephone number used by a Customer whose Globalstar
Service is deactivated may be reassigned immediately upon the discontinuance
of service.
(k) Designation of Authorized User(s): Customer may notify GUSA at any
time of Customer's designation of authorized user(s) on Customer's account.
By so doing Customer gives GUSA permission to (1) provide account information
and services directly to such user(s) to the extent such information
and services would otherwise be available to Customer, and (2) make
changes to Customer's account as may be requested by such user from
time to time. Customer agrees to accept financial responsibility for
all decisions and changes made by such user(s) relating to Customer's
account. Customer may remove an authorized user(s) from the account
at any time by notifying GUSA in writing.
(l) Service Orders: Orders including those which involve the start,
a change, or the discontinuance of the Globalstar Service will be accepted
by GUSA only from Customer or a representative of Customer whose authority
is confirmed in accordance with GUSA's procedures prior to the action
desired.
(m) Customer Contact: Customer expressly grants GUSA the right to contact
Customer by calling Customer's telephone number or by leaving a recorded
message on Customer's voice mail. Customer grants GUSA the right to
examine detailed records of calls made and received by Customer in order
to locate Customer or to otherwise exercise GUSA's rights under this
Agreement.
(n) Toll-Free Calls, and 900 or 976 Calls: The Globalstar Service is
unable to route calls to regional toll-free numbers or to 900 and 976
prefix numbers or the like, but may be able to route calls to nation-wide
toll free numbers with prefixes such as 800, 877 or 888.
(o) Emergency Referral Service: Unlike cellular or standard telephone
service, GUSA is under no obligation to provide any type of emergency
referral service, such as "911" service, in connection with the Globalstar
Service. In the event that GUSA does provide a form of emergency referral
service (the "Referral Service"), Customer acknowledges and agrees,
as a condition of its use of the Referral Service, as follows: (1) the
provision of the Referral Service is subject to the limitations on liability
and other limitations and provisions contained herein, in addition to
those set forth in this subsection 2(o); (2) the Referral Service is
subject to the same limitations of coverage and network capacity as
other uses of the Globalstar Service and will not be relied upon as
the only means of communication in emergency situations; (3) no action
or claim whatsoever, whether seeking damages or any other remedy, will
be brought against any of GUSA, its affiliates and their respective
shareholders, directors, officers, employees and agents (collectively,
the "GUSA Parties") or any third-party providers (the "Third Party Providers")
assisting GUSA to provide the Referral Service, in respect of any death,
injury, or loss to persons or property incurred by any person in connection
with establishing, developing, implementing, maintaining, operating,
and otherwise providing the Referral Service, except for claims against
any such party relating to the intentional or willful misconduct of
such party; (4) no action or claim whatsoever, whether seeking damages
or any other remedy, will be brought against any of the GUSA Parties
or the Third Party Providers in respect of any delay, in action, act
or omission of police, fire or other emergency personnel contacted through
the Referral Service; (5) calls placed using the Referral Service will
typically be recorded; (6) notwithstanding that GUSA may have provided
the Referral Service on one or more occasions in a particular location
or locations, there can be no assurance that such service will be available
at other times or in the same or other locations; nor can there be any
assurance that such service will be available outside the Home Territory;
and (7) Customer's location will not be known automatically by the operator
answering a Referral Service call and the effectiveness of the Referral
Service will depend largely on the accuracy of the information provided
by Customer, including without limitation, information concerning Customer's
location; therefore, Customer shall provide the operator with specific
information identifying Customer's location.
(p) Globalstar Phone Theft: In the event Customer's Globalstar Phone
is lost, stolen, or otherwise absent from the Customer's possession
or control, Customer shall be liable for all usage and toll, long distance
and roaming charges originating from Customer's telephone number until
the loss, theft or other occurrence is reported to GUSA and for 2 hours
thereafter. Customer shall provide a police report of such loss or theft
upon GUSA's request. Thereafter, Customer shall not use the telephone
number assigned to Customer's Globalstar Phone until Customer gives
GUSA notice that such Globalstar Phone is in the Customer's possession
and requests restoration of the ability to use such telephone number.
Such restoration may be subject to a charge. Monthly charges shall continue
until the Globalstar Service is terminated.
- Rates,
Billing and Payment.
(a) Rates: Applicable rates and charges for the Home Territory are indicated
in the GUSA pricing plans and service options selected by Customer.
Such rates and charges apply only to the Globalstar Service provided
by GUSA within the Home Territory and charges may vary for roaming in
other territories served by the Globalstar System. All other charges,
features (even if one or more features were offered at the time of activation
with no recurring monthly feature charge) and services including, but
not limited to, coverage areas, and rounding practices, are subject
to change or discontinuation upon written notice by GUSA to Customer.
Customer understands and acknowledges that the rates being charged under
this Agreement may include discounts in consideration of the number
of Globalstar Phones in active use by the Customer. Customer agrees
that GUSA may discontinue such discounts should the number of lines
in active use by the Customer fall below the number required for the
granting of such discounts. Additionally, GUSA reserves the right to
modify all other terms and conditions and any pricing plan at any time
by written notice to Customer. Upon such notice, any changes shall automatically
and without written amendment become part of this Agreement.
(b) Billing:
(1) Chargeable time for calls originated
by Customer's Globalstar Phone begins when a connection is established
to a Globalstar System facility and ends when the Globalstar Phone disconnects
from a Globalstar System facility (i.e., a few seconds after Customer
sends an END command to the Globalstar System). In the Home Territory,
Customer will not be charged for unanswered calls unless Customer places
a call to a number that rings unanswered or signals busy for 60 seconds
or more, after which Customer will be billed for all airtime, including
the first 60 seconds, regardless of whether a connection is made. Customer
may be charged for busy or unanswered calls when roaming outside of
the Home Territory.
(2) Chargeable time for calls received by
Customer's Globalstar Phone begins when a connection is established
between a Globalstar System facility and the Globalstar Phone, provided
the call is answered, and ends when the Globalstar Phone disconnects
(i.e., a few seconds after Customer sends an END command to the Globalstar
System).
(3) Unless otherwise specified, Customer
will be billed a minimum of one full minute for each call upon connection.
Thereafter, the Customer will be billed in fractions of a minute rounded
up in 30-second intervals. For example, if a call lasts only 25 seconds,
Customer will be billed for the minimum one minute; if a call lasts
one minute and 20 seconds, Customer will be billed for one minute and
30 seconds. If Customer has selected a rate plan with "Bundled Minutes"
those Bundled Minutes will be applied to the Home Territory airtime
used in the earliest part of each monthly billing cycle. Any unused
Bundled Minutes remaining at the end of any monthly billing period will
not be carried forward or credited against the next month's billing
period.
(4) Bills for charges payable by Customer
will generally be produced monthly. Monthly billing periods do not necessarily
correspond to calendar months, and they may vary in length from approximately
28 to approximately 32 days. GUSA may change its billing procedures
from time to time, and GUSA may bill Customer more often than monthly
if GUSA determines that there is a risk of Customer non-payment which
may be indicated by, among other things, above-normal Customer usage
of the Globalstar Service or non-payment of a prior bill when such bill
was due and payable. Customer agrees to review his/her GUSA invoice
to verify accuracy within 90 days of receipt and notify GUSA promptly
of any discrepancies, failing which the Customer is deemed to have agreed
to the accuracy of that GUSA invoice.
(5) Applicable federal, state, local and
foreign taxes, fees and surcharges will be added to Customer's monthly
bill.
(c) Payment: Customer is responsible for the payment of charges for
all services furnished to Customer under this Agreement, including,
but not limited to, all calls originated by or completed to Customer's
Globalstar Phone, and for the payment of all charges billed to Customer's
access number, including toll, land, long distance and roamer charges,
if applicable. Customer may pay his/her bill by direct debit, credit
card or by mailing a check or money order to the remittance address
set forth in the invoice sent to Customer. Payments received after the
due date on the bill may incur a 1.5% per month (18% per annum or the
maximum rate allowed by law, whichever is lower) late payment charge
on the past due amount. If payment is returned or rejected by a bank
or other financial institution for any reason (i.e., non-sufficient
fund or NSF check, overdrawn account for direct debit, over the credit
limit, expired date on credit card), then Customer shall pay a $25 return
or rejection charge (or such other fee then being charged by GUSA).
Customer authorizes GUSA to refer his/her account, if past due, to attorneys
and/or collection agencies for further action. Customer shall also pay
any and all costs, fees and expenses that GUSA incurs to collect any
charges from Customer, including without limitation all court costs,
attorneys' fees and collection agency fees and commissions to the extent
allowed by law. GUSA reserves the right to interrupt the provision of
the Globalstar Service to Customer at any time without notice and to
require accelerated interim payments in the event that (1) GUSA deems
Customer's usage unusual or excessive in relation to Customer's security
deposit, credit limit and/or normal usage patterns, as GUSA may determine
in its sole discretion from time to time, or (2) Customer's payment
is returned or rejected as described above.
- Term
and Termination. This Agreement shall begin on the date that the
Customer's account in respect of the Globalstar Service is activated
and continue on a month-to-month basis* (*as mentioned above, if Customers
signed a longer term agreement, the term of that agreement, as well
as all other terms, apply to such Customers) until terminated pursuant
to the terms hereof. Notwithstanding any other provision set forth herein,
either GUSA or Customer may terminate this Agreement upon 30 days notice
to the other. Upon non-payment by Customer of any sum due to GUSA, or
upon any violation of the terms, conditions, laws, rules or regulations
governing the use of service, GUSA may, by a notice in writing (which
notice shall be deemed to have been given five (5) days after it is
placed in the U.S. mail addressed to Customer's last known address,
or earlier if by hand delivery, and without incurring any liability,
either refuse, reduce or temporarily or permanently terminate the provision
of the Globalstar Service (including associated roaming, long distance
and international direct dialing services) to Customer. In addition,
the provision of the Globalstar Service to Customer may be refused,
reduced or temporarily or permanently terminated by GUSA without notice
and without GUSA incurring any liability if (1) GUSA has not received
and posted Customer's first payment by the due date on Customer's first
bill; or (2) GUSA is informed that the Globalstar Service is being used
by Customer in a manner which might adversely affect GUSA's service
to others; or (3) GUSA receives from a law enforcement agency a written
finding, signed by a magistrate, that probable cause exists to believe
(i) that Customer has used or will use the Globalstar Service in violation
of or to violate the law, and (ii) that the character of Customer's
use of the Globalstar Service is such that immediate action is required
to protect the public's health, safety or welfare; or (4) the ESN/mobile
number combination utilized by Customer is determined by GUSA to have
been duplicated or otherwise to be associated or potentially associated
with the fraudulent use of service; or (5) GUSA is requested by a customer
or by another service provider to deny service to a Globalstar Phone
which was reported to be lost or stolen, or GUSA is requested by another
service provider to deny service to a Globalstar Phone determined to
be associated or potentially associated with the fraudulent use of service
or disconnected from service for non-payment of, or owing unpaid, service
charges; or (6) GUSA determines that Customer's application for the
Globalstar Service included information that was fraudulent, false or
incomplete; or (7) Customer uses equipment either not authorized by
or on record with GUSA; or (8) the occurrence of any other event of
default under this Agreement. If Globalstar Service is interrupted for
non-payment GUSA may, at its sole option, reactivate the Globalstar
Service upon payment by Customer in full of the past due amount, any
penalties associated with the late payment, and a service restoration
charge of $15 (or such other fee then being charged by GUSA), and upon
payment by Customer of a deposit based on Customer's payment history.
In addition to the rights contained herein, GUSA reserves the right
to pursue any other remedy at law or in equity. All rights and remedies
granted to GUSA are cumulative and not alternate, and GUSA's failure
to exercise any right or remedy shall not constitute a waiver of such
right or remedy with respect to any continuing or future default by
Customer.
*As stated on the first page, if a Customer already signed a longer
term agreement, the term of that agreement, as well as all other terms,
apply to the Customer.
- Warranty,
Remedy and Limitation of Liability.
(a) WARRANTY: CUSTOMER ACCEPTS THE GLOBALSTAR SERVICES ON AN "AS IS",
"WHERE IS" BASIS AND ACKNOWLEDGES THAT GUSA'S LIABILITY AND CUSTOMER'S
SOLE RECOURSE IN RESPECT OF ANY FAILURE OF GUSA TO PROVIDE THE GLOBALSTAR
SERVICES SHALL BE LIMITED AS PROVIDED IN SUBSECTIONS 5(B) AND (C). CUSTOMER
ACKNOWLEDGES THAT GUSA DOES NOT WARRANT THAT THE GLOBALSTAR SERVICE
WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE AND THAT GUSA DOES NOT
WARRANT THE AVAILABILITY, RELIABILITY OR ANY OTHER ASPECT OF THE GLOBALSTAR
SERVICE. THE WARRANTIES AND CONDITION PROVIDED IN THIS AGREEMENT ARE
IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS. THE CUSTOMER HEREBY
WAIVES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING ANY WARRANTY OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR AVAILABILITY OR RELIABILITY OF THE GLOBALSTAR SERVICE.
(b) Remedy: Customer agrees that the aggregate liability of the GUSA
Parties in connection with this Agreement and the provision of the Globalstar
Service hereunder, and Customer's sole and exclusive remedy therefor,
shall be subject to the limits provided in subsection 5(c) and shall
be further limited to the repayment and/or a credit for the direct damages
suffered by Customer as a result of any unavailability of or material
defects in the Globalstar Service up to the total amount paid and/or
owed by Customer for the aspects of the Globalstar Service which were
unavailable or materially defective.
(c) Limitation of Liability: The GUSA Parties shall not be liable
for any harm, loss, liability, damage, expense, cost, suit, claim or
demand whatsoever except to the extent attributable to GUSA's personnel
or ground equipment, and only to the extent provided for in this agreement,
whether arising in negligence, tort, statute, equity, contract, common
law, or any other cause of action or legal or equitable theory. Under
no circumstances will any of the GUSA Parties be liable for any (1)
interruptions or defects in the Globalstar Service which affect Customer
for less than 72 continuous hours, or (2) any of the limitations of
the Globalstar Service referred to in Section 2 "Conditions on use of
the Globalstar Service", or (3) indirect, aggravated, exemplary, punitive,
special, incidental, or consequential damages (including damages for
lost profits, lost revenues, lost information, business interruption,
failure to realize anticipated savings or any other commercial or economic
loss), or third party claims, expenses, costs, liability, loss, or damage
whatsoever, whether arising in negligence, tort, statute, equity, contract,
common law, or any other cause of action or legal theory, even if GUSA
has been advised of the possibility of such damages. Customer agrees,
acknowledges and confirms that the limitations of liability set out
in this Agreement are fair and reasonable in the commercial circumstances
of this agreement and that GUSA would not have entered into this Agreement
but for Customer's agreement to limit the GUSA Parties' and the Third
Party Providers' liability in the manner, and to the extent, provided
for herein. The limitations contained in subsections 2(o), 5(b) and
5(c) shall apply even in the event of a breach of condition, a breach
of an essential or fundamental term or a fundamental breach of this
Agreement, except that the limitations on direct damages stated in subsection
5(b) shall not apply in the event of wilful or intentional misconduct.
The GUSA Parties assume no liability for any harm, loss, liability,
damages, expenses, costs, suit, claim or demand whatsoever arising from
the use of the Globalstar Service in combination with services, products
or equipment provided by Customer or any third parties.
When roaming outside the home territory, Customer is also subject to
the limitations of liability that the Globalstar System Provider in
that territory imposes upon its Customers. Customer understands that
such Globalstar System Provider may bill airtime differently than GUSA
and that the services available in other territories may vary considerably
from the services available in the home territory. Customer agrees
that while Customer roams, Customer accepts services provided by the
Globalstar System Provider in such territory on an "AS-IS", "WHERE-IS"
basis, without warranty of any kind. Customer understands that the
roaming indicator on customer's Globalstar Phone may not always represent
home/roam territory. When traveling outside the home territory automatic
roaming may be limited due to high levels of fraudulent activity in
the area, the unavailability of the Globalstar System or other factors.
- Customer
Indemnity. Customer agrees to indemnify, hold harmless, and defend
GUSA against any claims resulting from or relating to Customer's breach
of this Agreement or misuse of the Globalstar Service or Globalstar
Phone or other equipment used in connection with the Globalstar Service.
Customer agrees to reimburse GUSA for any and all costs and reasonable
attorneys' fees incurred by GUSA in defending any claims resulting from
or relating to Customer's breach of this agreement or misuse of the
Globalstar Service or the Globalstar Phone or other equipment used in
connection with the Globalstar Service.
- General.
(a) Assignment: Customer may not assign this Agreement, nor any of its
rights and obligations hereunder, to any other person, firm, agency,
corporation or other legal entity without the prior approval of GUSA.
(b) Successors and Assigns: This Agreement shall be binding upon and
shall inure to the benefit of the parties hereto and their permitted
assigns. This Agreement is entered into solely for the benefit of such
parties. Except as provided in subsection 7(d), nothing contained herein
will be deemed to create any third-party beneficiaries or confer any
benefit or rights on or to any person not a party hereto, and no person
not a party hereto shall be entitled to enforce any provisions hereof
or exercise any rights hereunder.
(c) Third Party Beneficiary. Customer acknowledges and agrees that the
GUSA Parties and the Third Party Providers shall be third party beneficiaries
of the provisions of this Agreement which serve to limit the liability
of the GUSA Parties and Third Party Providers.
(d) Governing Law: This Agreement is governed by the laws of the State
of California and applicable federal law.
(e) Survival: The termination of this Agreement or the assignment of
a party's interest hereunder shall not affect or prejudice any rights
or obligations which have accrued or arisen under this Agreement prior
to the time of termination or assignment, as the case may be, and such
rights and obligations shall survive the termination or assignment of
this Agreement. The following provisions of this Agreement shall survive
the termination (for whatever cause or reason) or any assignment of
this Agreement, in addition to any other provisions which survive by
operation of law: subsections 2(o), 3(c), 7(a), 7(b), 7(c), 7(d), 7(e),
7(f) and 7(hi); and Sections 5 and 6.
(f) Waiver and Severability:
(1) Neither the waiver by either of the
parties hereto of a breach of or a default under any of the terms and
conditions of this Agreement nor the failure of either of the parties,
on one or more occasions, to enforce any of the provisions of this Agreement
or to exercise any right or privilege hereunder shall thereafter be
construed as a waiver of any subsequent breach or default of a similar
nature, or as a waiver of any provisions, rights, or privileges hereunder.
(2) If any provision of this Agreement shall
be held by any court or administrative body of competent jurisdiction
to be invalid or unenforceable in any respect, the invalidity or unenforceability
of such provision shall not affect any other provision of this Agreement.
(g) Notice: In the event Customer desires to provide written notice
to GUSA, as required by any of the Terms and Conditions herein or for
any other reason, including any communication from Customer regarding
disputed debts, and any instrument tendered as full satisfaction of
a debt must be sent by Customer to GUSA by certified mail to following
applicable address: Globalstar USA, L.L.C., Customer Care Department,
3200 Zanker Road, San Jose, CA 95134.
(h) Complete Agreement: These terms and conditions contain the entire
Agreement between GUSA and Customer superseding all prior agreements
whether oral or written (except as provided at the top of this Agreement).
Customer acknowledges that (s)he has relied on no oral or written
representations made by or on behalf of GUSA or any employee, director,
officer or agent of GUSA that are not incorporated into this document.
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