Terms of Use

Notice of Arbitration and Class-Action Waiver

THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION AND CLASS-ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE TRUMPSM MOBILE SERVICES, THESE TERMS OF USE OR OUR PRIVACY POLICIES, AND THIS WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR DISPUTES THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR DISPUTES RELATING TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS.

MORE INFORMATION ABOUT ARBITRATION, INCLUDING THE RULES THAT WILL GOVERN THE ARBITRATION, THE LOCATION OF ARBITRATION, AND YOUR RIGHT TO OPT OUT OF THIS ARBITRATION PROVISION, IS SET FORTH BELOW.

You shall not use the TRUMPSM MOBILE Services for any illegal purposes, and you will use them in compliance with all applicable laws, rules, and regulations. You shall not use TRUMPSM MOBILE Services in a way that may cause the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Services is in any way impaired. You agree not to attempt any unauthorized access to any part or component of TrumpSM Mobile Services. By accessing or using the TrumpSM Mobile Services, you represent and warrant that you have not been previously suspended or removed from the TrumpSM Mobile Services or engaged in any activity that could result in suspension or removal from the TrumpSM Mobile Services.

User Registration

In order to access and use certain areas or features of the TrumpSM Mobile Services, you may need to create an account and provide certain information and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the TrumpSM Mobile Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the TrumpSM Mobile Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the TrumpSM Mobile Services, subject to applicable notice requirements under Florida law.

By providing information and/or answering questions, you also consent to receive electronic communications from TrumpSM Mobile (e.g., via email or by posting notices to the TrumpSM Mobile Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you, in accordance with applicable laws. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in each email or by contacting us at care@TrumpMobile.com. We will process your opt-out request within 10 business days. Please note that even if you opt out of promotional emails, we may still send you transactional and relationship messages regarding your account and TrumpSM Mobile Services, such as billing statements, service notifications, and account security alerts.

As used herein, the words "your account" refer to the account held by a bank, securities firm or other financial institution from which payment will be made when you make transactions using the TrumpSM Mobile Services. The words "your bank" mean the bank, securities firm or other financial institution that holds your account.

The TrumpSM Mobile Services permit you to perform certain activities, including enabling you to pay your mobile service bill online by authorizing payments for your account(s) as more fully described herein. Each time you initiate a transaction, you authorize us or our agent to initiate a payment transaction in your name to the account you specify in the amount you request, payable to us or to our agent, in the amount of the transaction. By providing us with payment instructions, you authorize us to follow such instructions and process such payments.

For each such transaction, your bank may assess its customary per-check or item-handling charge, if any. You also agree to pay us a service charge for each dishonored check or draft to reimburse us for any costs of collection, not to exceed the maximum amount permitted under applicable law. Your bank may also assess its customary charge for such items.

In connection with using your account, you may choose to provide credit card information that one of TrumpSM Mobile Services designated third-party payment processors, who will process and store such credit card information separately from the TrumpSM Mobile Services in order to facilitate your payment transactions. TrumpSM Mobile has no responsibility or liability for your credit card information and/or such transactions processed by third-party payment processors, except as required by applicable law.

If any transaction initiated hereunder (whether check or draft drawn by us or our agent in connection with such transaction) is not honored by your bank, fees may be assessed in accordance with your applicable Rate Plan, Data Plan, and applicable law. In addition, we may cancel your right to utilize the TrumpSM Mobile Services.

If a transaction is not completed as you have directed or if we do not complete a transfer from your account on time in the correct amount, we will be responsible for your actual losses or damages directly caused by our error or failure to complete the transaction, up to the amount of the transaction, subject to the exceptions listed below. In no event shall our liability exceed the amount of the failed transaction unless otherwise required by applicable law. We will not be liable to you in the following instances:

• If, through no fault of ours, your account does not contain enough money to complete the transaction;
• If the funds in your account are subject to legal process or other encumbrance restricting the transaction; and
• If circumstances beyond our control (such as fire, flood, network outages, computer, mechanical or telecommunication failure, or unavailability of payment system, or any problems caused by your bank) prevent the transaction, despite reasonable precautions that we have taken.

Each of us and you agree to be bound by the NACHA ACH Operating Rules and Guidelines, and the Electronic Fund Transfer Act as each pertain to any ACH transactions initiated by us following your instructions, and you acknowledge that the origination of ACH transactions to the account(s) provided in your payment instructions must comply with the provisions of all applicable laws. You agree that we may comply with payment instructions arising from your user ID and password for your accounts, and you must notify us immediately at care@TrumpMobile.com in the event you believe any user ID or password has been used (or may be used) without your permission.

Intellectual Property Ownership and Use

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material including but not limited to: service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, "Content") contained within the TrumpSM Mobile Services shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content

Subject to your compliance with these Terms, we grant you at limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access, view and make personal, use of the TrumpSM Mobile Services and Content solely for the purpose of using the TrumpSM Mobile Services as intended, including for commercial purposes of the extent you are using the TrumpSM Mobile Services for your business communications. Additionally, you shall not: (a) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Content; (b) use any meta tags, search terms, key terms, or the like that contain the TrumpSM Mobile Service's name or our trademarks; (c) engage in any activity that interferes with the TrumpSM Mobile Services or another user's ability to use TrumpSM Mobile Services; (d) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the TrumpSM Mobile Services and the goods or services offered on the TrumpSM Mobile Services; or (e) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You shall not use, copy, distribute, or exploit any of the TrumpSM Mobile Services in any manner without our prior written permission. Unauthorized use is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of TrumpSM Mobile or any third party, whether by estoppel, implication or otherwise.

All Content and all materials and content contained within the TrumpSM Mobile Services, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the TrumpSM Mobile Services, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

Errors and Inaccuracies

We strive to provide complete, accurate, up-to-date information on the TrumpSM Mobile Services. Unfortunately, despite those efforts, human or technological errors may occur. The TrumpSM Mobile Services may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display. The look, colors, and other features of products offered on the TrumpSM Mobile Services may not accurately reflect the look, colors, and other features of the actual products. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.

Changes to Website or These Terms of Use

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the TrumpSM Mobile Services (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification or withdrawal of the TrumpSM Mobile Services or any portion of it.

We may alter these Terms from time to time, and your use of the TrumpSM Mobile Services (or any part of the TrumpSM Mobile Services) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the TrumpSM Mobile Services.

TrumpSM Mobile Services is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Services or because of a failure, suspension or withdrawal of all or part of the Services.