Terms and Conditions

This agreement governs your use of our California Lifeline services. Please read it carefully.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 9 BELOW THAT IS APPLICABLE TO YOU AND US.

Last Updated: 06/19/2025

These Terms and Conditions (“Agreement”) governs the provision of the Services by American Broadband & Telecommunications Company, LLC (“AMBT,” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services and Devices. This Agreement is applicable to AMBT service marketed under the American Assistance brand and any other brand “powered by American Broadband and Telecommunications Company, LLC.” As used in this Agreement, the term: (A) “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), SIM card, embedded SIM (“eSIM”), and any other services provided to you by AMBT, including California Lifeline service and prepaid wireless service; (B) “Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by AMBT or that you activate or use with our Services; and (C) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services. The complete Agreement between you and AMBT consists of:

  1. these Terms and Conditions, including the Acceptable Use Policy and the binding arbitration clause;
  2. any terms of service associated with your selected Service Plan;
  3. any tariff we have filed with respect to any of the Services we provide you;
  4. the AMBT Privacy Policy, available at /privacy-policy;
  5. the AMBT Open Internet Policy, available at /open-internet-policy;
  6. the AMBT Accessibility Policy, available at /accessibility-policy; and
  7. any other policies or documents incorporated herein or therein by reference.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time. THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU: (a) initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature. This Agreement continues until we or you terminate your Services. You must be 18 years or older to enter into this Agreement. When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for AMBT’s Services. If you disagree with any of the terms or conditions stated herein or you are not 18 years of age, do not initiate Services with AMBT or contact AMBT Customer Service immediately to terminate your Services. We may deny requests to subscribe to our Services for any lawful reason.

1. CALIFORNIA LIFELINE PROGRAM TERMS AND CONDITIONS

AMBT has been approved by the California Public Utilities Commission as a California LifeLine Program provider. The California Lifeline Program is administered by the California Public Utility Commission (“CPUC”) and its designee, the California Lifeline Administrator. The California LifeLine Program provides discounts on Service to eligible California households using funds from California ratepayers. These Terms andConditions apply to AMBT customers who subscribe to the California LifeLine service. If there is a discrepancy between these terms and general terms in this Agreement, these terms shall supersede.

1.1. Eligibility and Enrollment

  1. Eligibility. Only eligible consumers may enroll in the California Lifeline Program to receive a California Lifeline discount. Current eligibility requirements can be found on the CPUC website.
  2. One Per Household. The California Lifeline discount is limited to one per household, which may be applied to either landline or wireless service. A “household” is defined as any individual or group of individuals who live together at the same residential address as one economic unit. An “economic unit” is defined as “all adult individuals contributing to and sharing in the income and expenses of a household.” Households that violate this requirement will lose their discounts. Your California Lifeline discount is personal to you and cannot be transferred.
  3. Deaf and Disabled Telecommunications Program. AMBT will provide access to two California LifeLine discounted telephone lines to Deaf and Disabled Telecommunications Program participants or teletypewriter users.
  4. 30-Day Enrollment Request Waiting Period. When you submit an enrollment request to receive the California LifeLine discounts for mobile wireless service you have to wait up to thirty (30) days to submit another enrollment request. You are prohibited from having multiple enrollment requests pending at the same time. You can independently cancel an enrollment request by contacting the California LifeLine Administrator.
  5. Approval. AMBT will seek approval of all California Lifeline applications with the California LifeLine Administrator. AMBT will provide applicants with service on a promotional basis while the enrollment request is pending. When AMBT receives an approval notification, it will notify the applicant. The applicant must then activate the wireless Services.
  6. Effective Date. The effective date of the California LifeLine benefits will be the later of the approval date and the service activation date.
  7. Denials. If an applicant for California LifeLine services is not approved by the California Lifeline Administrator, the Company will notify the applicant that he or she is ineligible for California LifeLine services and will be offered non-Lifeline services at the Company’s non-Lifeline retail rates.
  8. Activation Charge. All AMBT California customers will be charged a $39.00 activation charge. Eligible California LifeLine subscribers may be eligible for a waiver of this fee, funded by the California LifeLine program and limited to no more than two wireless service activations per household per continuous twelve-month period. Eligibility for a waiver is subject to confirmation by the California LifeLine program administrator.

1.2. General Terms and Conditions

  1. Voice-Grade Connection. You are entitled to a voice-grade connection. If, at any time, you fail to receive a voice-grade connection and you notify AMBT, we will take steps to promptly restore it. If you terminate service within three (3) days of service activation, excluding national holidays, AMBT will provide a full refund of any applicable service connection charges.
  2. Service Area. AMBT offers its California LifeLine customers the ability to send and receive domestic local and domestic long distance voice-grade calls within the nationwide coverage area of its Underlying Carrier.
  3. Service Plans. AMBT will offer California LifeLine-eligible Service Plans on a pre-paid basis. AMBT will not impose credit checks nor will it require any deposits or contractual commitments. You are not required to purchase a bundled Service Plan to receive a California LifeLine discount. AMBT California LifeLine Service Plans are available on our website.
  4. California LifeLine Discount. AMBT will apply the applicable California LifeLine discount to each participant’s selected plan.
  5. Non-Discrimination. AMBT will offer California Lifeline discounted services on a non-discriminatory basis to any customer residing within the service territory where the Company offers retail wireless telephone services.
  6. Contracts. AMBT offers its California LifeLine service on a pre-paid basis, and currently does not require its customers to enter into a service contract.
  7. Added Features. If AMBT adds features as a part of its California LifeLine offerings, the offerings will meet or exceed minimum standards set by the CPUC.
  8. Use of Allotted Minutes. For Service Plans that do not have unlimited talk minute Allotments, AMBT will suspend a customer’s voice Service when all allotted minutes are used, except for calls to 911 emergency services and customer service.
  9. Additional Voice Minutes. AMBT will allow participants to purchase additional talk minute Allotments at the lowest rate that is offered to its retail customers for comparable plans.
  10. Form of Payment Fee. AMBT does not assess any additional fee on participants based upon the payment method participants use to pay their bills.
  11. Devices. As part of your California Lifeline service, American Broadband will provide California participants with a new Device free of charge. AMBT’s free California LifeLine Devices are not refurbished.
  12. Refund of Service Connection Fee. AMBT California LifeLine customers can terminate their service at any time without penalty. AMBT does not charge early termination fees. If you cancel your AMBT Services within three (3) business days of activation, we will refund you in full for any service connection fees.
  13. Device Returns. AMBT will not assess a restocking fee to California LifeLine participants for Devices returned within three (3) days of service activation.
  14. Operator Services. AMBT provides access to operator services for its California LifeLine customers commensurate to its retail customers.
  15. Customer Service. AMBT California LifeLine customers are provided free, unlimited access to AMBT customer service, with representatives who are fluent in the language in which AMBT originally marketed and sold its California LifeLine service. Calls to AMBT customer service do not count against a California LifeLine customer’s allotted voice minutes.
  16. Emergency Services (911/E-911). AMBT provides free, unlimited access to 911/E-911 emergency service calls and such calls do not utilize talk minute Allotments.
  17. California Relay Service (711). Through its Underlying Carrier, AMBT provides free, unlimited calls to the California Relay Service, via 711. Calls to the 711 relay service will not utilize talk minute allotments, but the relayed call itself may utilize such allotments.
  18. Directory Assistance (411). AMBT provides access to directory assistance for its California LifeLine customers via 411, free of charge. However, calls to 411 directory assistance use talk minute Allotments.
  19. Public Safety N11s. All subscribers will have access to public safety N11s (211, 311, 511, 711, and 811). Calls to these special service N11s will not utilize talk minute allotments or number of calls.
  20. 900/976 Blocking. AMBT will provide participants free blocking for 900/976 information services.
  21. Toll-Free Services. AMBT provides its customers with free access to 800 and 800-like toll-free services, but such calls use talk minute allotments.
  22. Toll-Blocking. The prepaid nature of the service and uniform local and long-distance pricing effectively serves as a toll-blocking service.
  23. 911 Location Accuracy. Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional wireline phones, several factors may affect the ability of 911 operators to identify your telephone number or the location from where you are calling.
  24. Safety-Related Considerations. If a Device is the only phone in your home, residents will not have the ability to call 911 emergency services when the handset is removed from that location. You also will not be able to contact 911 if your Device is not charged.
  25. Service Quality Issues. Service is subject to transmission limitations caused by equipment, weather, topography, and structures. Service can only be available when in range of a transmission source. Service may be temporarily refused, limited, or interrupted due to system capacity limitations, technology migration, or limitations imposed by our Underlying Carrier.
  26. California LifeLine Participant Exemptions. The CPUC exempts California LifeLine participants from paying public purpose program surcharges, the CPUC user fee, federal excise tax, local franchise tax, and the California 911 tax.
  27. 30-Day Notice. AMBT will provide its California LifeLine participants a 30-day notice in the event it withdraws from offering LifeLine Service in California.

1.3. Questions, Concerns, Comments, and Complaints

If you have any questions, concerns, comments, or complaints regarding American Broadband’s California LifeLine services, please contact AMBT Customer Service. You may also contact the California Public Utilities Commission (CPUC).

2. SERVICE PLANS AND “TOP UP” PLANS

2.1. Service Plans

You must be enrolled in a Service Plan to utilize our Services. Wireless Service Plan descriptions are available on the AMBT website. Service Plan availability, rates, and Allotments are subject to change at any time. Lifeline discounts are automatically applied. New subscribers select a Service Plan upon enrollment and existing subscribers can contact Customer Service to change their Service Plan.

2.2. “Top Up” Plans

AMBT wireless subscribers can purchase “Top Up” Plans to receive allotments talk, text, and data by contacting AMBT Customer Services. “Top Up” Plans are available on the AMBT website. “Top Up” Plans are non-refundable and cannot be transferred.

2.3. Talk, Text, and Data Allotments

Allotments have no cash value and are non-refundable. If you terminate your service, you will forfeit any unused Allotments. If you use your full allotment, the Service will be suspended for the remainder of the monthly cycle, except for 911 and calls to AMBT Customer Services. You may check your Allotment balances at any time free of charge by contacting Customer Service. Unused Service Plan Allotments expire on the last day of your monthly cycle and will not carry over.

2.4. Use of Voice Allotments

All incoming and outgoing voice calls on your Device use talk minute allotments, excluding 911 emergency calls and AMBT Customer Service Calls. Call time is measured in one-minute increments. Outgoing calls begin the moment you initiate a call and incoming calls begin the moment the signal connection is established.

2.5. Use of Text and Multimedia Message Allotments

Each SMS or MMS message that is sent or received on your wireless Device is deducted from text message allotments. There is no guarantee that messages will be received, and AMBT is not responsible for lost or misdirected messages.

2.6. Use of Data Allotments

All data usage that occurs through your wireless Device (except when connected to Wi-Fi) will be deducted from your data allotment. Data usage is calculated in full-kilobyte increments. Data usage may occur whenever your Device is connected to the network and transmitting data, including from applications that automatically send and receive data without your knowledge. To prevent unintended data usage, you should connect your device to Wi-Fi when available or power off your Device when it is not in use.

3. WIRELESS DEVICES

3.1. Device Options

Upon enrolling in AMBT’s Lifeline service, you may be eligible to receive a free wireless Device. If you are not eligible for a free Device, AMBT will provide you with a free SIM that you can use with a wireless Device you purchase from us or with your own wireless Device. Your AMBT Device can only be used with our Services. If you provide your own Device, you are responsible for ensuring it is unlocked, compatible, and does not interfere with our Services.

3.2. Returns and Refunds

Devices purchased directly from AMBT may be returned for a full refund within 30 days of purchase with the original receipt. Devices must be returned in their original package and in like-new condition. Refunds will not be issued for damaged Devices. Prior to returning a Device, erase all personal data. Please contact AMBT Customer Service for instructions. SIM cards are not eligible for returns.

3.3. Loss, Theft, Damage, or Destruction

Upon accepting a Device from us, all risk of loss, theft, or damage is borne by you. AMBT is not responsible for lost or stolen phones. If your Device is lost or stolen, you may purchase a replacement. You are responsible for any usage or charges until you report the loss or theft to us by contacting AMBT Customer Service. Upon receiving notice, AMBT will take immediate steps to suspend the Services.

3.4. Software Updates

AMBT may, from time-to-time remotely update or change your Device’s software, applications, or programming without notice. These changes will modify your Device and may affect or erase data stored on it. AMBT is not responsible for lost data or functionality. While your Device is receiving a software update, you may be unable to use it, including to contact 911.

3.5. Device Software, Content, and Applications

AMBT may offer software, content, and applications. These are licensed, not sold, to you for personal, lawful, non-commercial use. You may not copy, decompile, reverse engineer, or modify the software. AMBT reserves the right to update, modify, or delete software at any time, without notice.

3.6. Unauthorized Modifications

You are not permitted to unlock, re-flash, tamper with, or otherwise alter the hardware or software on your AMBT Device for any purpose.

3.7. Device Unlocking Policy

AMBT complies with the CTIA Consumer Code regarding unlocking eligible AMBT Devices. AMBT will, upon request, unlock Devices used to access Lifeline services no later than one year after initial activation for subscribers in full compliance with our Terms and Conditions. “Unlocking” refers only to the disabling of software that prevents a Device from being used on another carrier’s network. It does not guarantee compatibility. AMBT may deny an unlocking request if we have a reasonable basis to believe the request is fraudulent or the Device is stolen.

4. CHARGES AND PAYMENTS

4.1. Charges, Fees, and Taxes

You are responsible for paying all one-time and recurring charges, including Service Plan charges, Top-Up Plan charges, Device charges, and all applicable federal, state, and local taxes, surcharges, and fees. With the exception of taxes or other charges that are required by law, no additional surcharges are assessed on Lifeline-supported services. All charges, fees, and taxes, once paid, are non-refundable.

4.2. Billing and Payment

You will receive your bill electronically. You are responsible for reviewing your bills to ensure all charges are accurate. You agree to pay for all charges on or before your payment due date. By providing payment information, you authorize us to charge your payment method. You may cancel automatic renewal at any time.

4.3. Non-Payment and Late Payment

If we attempt to charge your payment method and it fails, we reserve the right to suspend your access to our service. If non-payment is not resolved, your account will be deactivated. You agree to reimburse us for any collection agency fees and costs.

4.4. Creditworthiness

AMBT does not condition the provision of Services on a subscriber’s credit rating or credit history. No deposits are required as a condition of receiving Services.

4.5. Promotions and Rewards

AMBT may provide promotional credits or offers. Promotions and Rewards are offered at the sole discretion of AMBT, have no cash value, and may not be sold or transferred. If your Services are terminated, any Promotions and Rewards are forfeited.

4.6. Third-Party Purchases

Devices associated with your Services may be used to purchase content or apps from third parties. You are responsible for all charges resulting from Third-Party Purchases. AMBT is not liable for any such charges.

5. SERVICE FEATURES, LIMITATIONS, AND NOTICES

5.1. Account Access

You can access your subscriber account information by contacting AMBT Customer Service and providing necessary authentication. You will only be able to access CPNI by providing a password. You are responsible for protecting your password.

5.2. Account Protection Measures

You should be aware of Port-Out Fraud and SIM Swap Fraud. We have implemented measures to help you protect your account.

Customer Notification: Upon receiving a port-out or SIM change request, and before effectuating it, we will provide you immediate notification.

Account Locks: You have the option, at no cost, to lock your account to prohibit your number from being ported or your SIM from being changed. We will not fulfill such requests until you deactivate the lock. To request or deactivate a lock, please contact Customer Service. We may also activate a lock if we have a reasonable belief you are at high risk of fraud.

Reporting Fraud: If you believe you have been the victim of Port-Out or SIM Swap Fraud, please contact us immediately.

5.3. International Calling and Messaging

As a California customer, you can use talk allotments to call certain areas of Mexico and Canada. All other international calls and text messages are not included.

5.4. Wireless Coverage

Service availability is subject to the geographic coverage area of our Underlying Carrier. Coverage is not available everywhere. A coverage map can be accessed from our website. Coverage maps are only approximations of actual coverage. AMBT does not guarantee or warrant the coverage of the network.

5.5. Wireless Roaming

“Roaming” occurs when you use the network of another wireless provider. While roaming, you will typically be able to use all Services under your plan with no additional charge; however, data Services and certain calling features may not be available. Only domestic roaming is available.

5.6. Service Availability and Quality

Service availability and quality may be subject to limitations due to weather, obstructions, network capacity, and other factors. Service Limitations may also occur as a result of network maintenance. AMBT does not guarantee or warrant the availability or quality of the Services at any given time or geographic location. We are not liable for Service Limitations.

5.7. Service Security and Optimization

AMBT or our Underlying Carrier may take actions to address security threats and optimize the network. Such actions may include discontinuing services, restricting usage, limiting speeds, filtering or blocking transmissions (like spam or malware), and blocking access to certain numbers or services. Some of these actions may interrupt or prevent legitimate communications.

5.8. Wireless Device Location Information

Your wireless Device may be location enabled. Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy. Additionally, your location information may be used by 911 and other emergency services. Always state the nature of your emergency and provide both your location and phone number when you make a 911 call. We cannot assure you that if you place a 911 call you will be found. You may be able to configure your Device settings to restrict the sharing of your location information.

5.9. 911 and Other Emergency Services

Your Device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide this information. Wireless devices may not always be able to provide 911 dispatchers with your exact location. If you attempt to make an emergency call in an area with no wireless coverage, your call may not go through. AMBT does not guarantee that you will be able to contact emergency services.

5.10. Wifi Features

AMBT may make Wi-Fi Calling available. Calling 9-1-1 via Wi-Fi Calling operates differently than traditional 9-1-1. You must provide us with the physical location at which you will use Wi-Fi Calling (the “Registered Location”) and promptly update it if it changes. If you attempt to dial 9-1-1 via Wi-Fi Calling from any location other than your Registered Location, emergency personnel may not be able to identify your location. NEITHER AMBT NOR ITS UNDERLYING CARRIER IS RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR USE OF OR INABILITY TO USE ANY WI-FI CALLING, INCLUDING ANY FAILURE OF EMERGENCY CALLS.

5.11. Third-Party Content and Applications

Devices may be used to access third-party “Content and Applications.” Some Content and Applications may be harmful, offensive, or unsuitable for minors. You are solely responsible for evaluating the Content and Applications accessed. When you access third-party Content, you are subject to their terms and privacy policies. You may review our Privacy Policy to learn how we handle information.

5.12. Phone Numbers and Porting

You must accept the phone number we assign to you. We reserve the right to change it at any time. Except for any legal right you may have to “port” your number, you have no ownership rights to any phone number. We do not guarantee that numbers ported to or from AMBT will be successful. To request a port, please contact AMBT Customer Service. When you port a number, you are solely responsible for all charges billed by your prior carrier. If you authorize another carrier to port a number from AMBT, we will consider that a request by you to terminate your Services. If your Services are terminated and you do not port your number, we may reassign it to another subscriber.

6. ACCEPTABLE USE POLICY

You are only permitted to use AMBT’s Devices and Services for lawful, personal, and non-commercial uses. Prohibited uses include those that are unlawful, harmful, or otherwise impact our ability to provide Services.

Prohibited uses include, but are not limited to:

  • Infringement: Violating any intellectual property rights.
  • Unlawful, Offensive, and Harmful Conduct: Engaging in conduct that is libelous, defamatory, obscene, harassing, threatening, or otherwise objectionable.
  • Fraudulent Conduct: Engaging in any fraudulent activity, including pyramid schemes.
  • Falsification/Impersonation: Using the Device to impersonate any person or entity.
  • Commercial, Unsolicited, and Spam Communications: Using the Services to distribute spam, chain mail, bulk messages, telemarketing, or autodialed calls.
  • Excessive Utilization: Engaging in excessive use relative to typical usage, including an abnormally high number of calls, messages, or calls of unusually long duration.
  • * Uses Causing Excessive Utilization: Continuous streaming or downloading, using applications designed for unattended use, operating a hosting service, or maintaining open lines for extended periods (e.g., monitoring services).
  • Traffic Pumping/Access Stimulation: Using the network for activities designed to generate traffic to increase intercarrier compensation.
  • Malicious Software: Distributing viruses, Trojan horses, worms, or other malware.
  • Hacking: Accessing or using data, systems, or networks without authorization.
  • Device Modifications: Unlocking, re-flashing, or tampering with your AMBT Device or its software.
  • Tethering: Tethering your Device to another device for the purpose of using the data Service, unless expressly authorized.
  • Miscellaneous: Reselling or leasing the Services; using the Service for commercial activities.

This Acceptable Use Policy applies to all Service Plans, including unlimited plans. UNLIMITED DOES NOT MEAN UNREASONABLE USE. If you engage in any unauthorized, excessive, or abusive use, we may, at our sole discretion, terminate, suspend, modify, or limit your Services.

You are responsible for all fraudulent use of your Device and the Services. If you discover fraudulent activity, you must immediately notify AMBT Customer Service. If you want to report any violations of this Acceptable Use Policy, please contact us.

7. TERMINATION, SUSPENSION, MODIFICATION, AND LIMITATIONS OF YOUR SERVICES

Either party may terminate the Services at any time on advance notice. AMBT must terminate your Lifeline service, upon notice to you, if we have a reasonable belief that you no longer qualify, if you fail to timely recertify, or if you fail to use your device for thirty (30) consecutive days. Additionally, AMBT may, at any time, with or without prior notice, terminate, suspend, modify, or limit your Services if:

  • we know or suspect you violated this Agreement;
  • we know or suspect you used fraudulent means to obtain Services;
  • we know or suspect you violated any applicable laws;
  • we know or suspect you have committed a criminal or harmful act against AMBT;
  • your payment is returned unpaid or you fail to make payments;
  • your actions expose AMBT to liability or cause harm to our network;
  • we are ordered to do so by a government entity;
  • we cease to provide Services in your area; or
  • for any other operational or governmental reason.

Upon termination, any unused Allotments will expire, and you will not receive a refund. AMBT may reassign your phone number. We are not liable for any harms that may result from termination or suspension. You can request that we terminate your Services by contacting Customer Service.

8. WARRANTIES, LIABILITIES, AND INDEMNIFICATION

8.1. Warranty Disclaimer

AMBT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR PERFORMANCE TO YOU IN CONNECTION WITH THE SERVICES OR DEVICES, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds. We do not guarantee that your communications will be private or secure. We do not manufacture any Devices and are not responsible for any defects, acts, or omissions of the manufacturers.

8.2. Limitation of Liabilities

To the fullest extent permitted by law, you agree that AMBT shall not be liable for any: (a) act, omission, or error by you or a third party; (b) charges for products or services provided by third parties; (c) claims against you by third parties; (d) mistake, omission, interruption, or defect in the provision of Services; (e) damage or loss caused by your use of the Services, including traffic accidents; (f) damage or loss caused by any interruption or failure in accessing emergency services, including 911; (g) interrupted, failed, or inaccurate location services; (h) content or applications you may access; (i) unauthorized access to your account or Device; or (j) default or delay due to factors beyond our control.

To the fullest extent permitted by law, AMBT shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages. Our liability for monetary damages shall not exceed the total amount of charges paid by you for the applicable products or services.

8.3. Indemnification

To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless AMBT from and against any and all losses, claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of or relating to your use of a Device or the Services, or your breach or violation of this Agreement or any applicable laws.

9. DISPUTE RESOLUTION

9.1. Dispute Resolution by Mandatory, Individual, and Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most subscriber concerns can be resolved quickly by contacting AMBT Customer Support. In the unlikely event that Customer Support is unable to resolve a complaint, we each agree to resolve those Disputes through binding arbitration or small claims court, instead of courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

  1. Mandatory, Individual, and Binding Arbitration. You and AMBT agree that any Dispute shall be resolved only by final and binding, individual arbitration, except that you may assert claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
  2. Dispute. The term “Dispute” shall include any dispute, claim, or controversy between you and AMBT, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory.
  3. Pre-Arbitration Dispute Notice. Before initiating an arbitration, you and AMBT each agree to first provide the other a written notice (“Notice of Dispute”) containing: (a) sufficient information to identify your account; (b) a written description of the problem; and (c) a statement of the specific relief sought. A Notice of Dispute can be mailed to the Notice Address specified on our website or emailed to our designated Customer Service email address. If we are unable to reach an agreement within 60 days, you or AMBT may commence an arbitration.
  4. Arbitration Process. All Disputes shall be determined by binding arbitration administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the then-current JAMS Streamlined Arbitration Rules & Procedures. The JAMS Rules are available on its website.
  5. WAIVER OF CLASS OR CONSOLIDATED ACTIONS. You and AMBT agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, collective, consolidated, or representative proceeding.
  6. Arbitrator Award. An arbitrator’s award will consist of a written statement. The arbitrator’s decision and award are final and binding.
  7. Costs and Fees. Each party will bear the cost of preparing its case. So long as you comply with the notice procedures, AMBT will reimburse you for any filing fees and be responsible for administrative and arbitrator fees for non-frivolous claims that do not exceed $25,000.

9.2. Governing Law, Venue and Jurisdiction, and Court Proceedings

Except to the extent preempted by or inconsistent with applicable federal law, this agreement is governed by the laws of the State of California, without regard to choice of law principles. For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial. Any Disputes of a legal nature that are not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of California.

10. MISCELLANEOUS

10.1. Application of Tariffs

AMBT may elect or be required to file tariffs with the appropriate regulatory body. In such event, the terms in the tariff shall govern our delivery and your use of the Services subject to the tariff.

10.2. Consent to Receive Communications

You provide express or implied consent for AMBT or our authorized agents to contact you using live, automated, or prerecorded messages to any number, physical address, or email address you provide, for any and all purposes, including customer service and marketing. Please review our Privacy Policy for more information.

10.3. Modifications to this Agreement

We may, at any time, modify any part of this Agreement. We will provide you with advanced notice of any modifications that have a material adverse impact on you. All other modifications become effective when posted on the AMBT website. If you continue to use AMBT Services on or after the effective date, you accept those modifications.

10.4. Notices

We may use any of the following methods to provide you with notices: correspondence to any physical or e-mail addresses you have provided us; live or prerecorded calls or text messages; or posting on our website. You are responsible for updating your contact information. You must provide us notice by contacting us using the contact information on our website.

10.5. No Third-Party Beneficiaries

This Agreement is solely for the benefit of you and AMBT. No provision shall be deemed to confer on any third parties any remedy, claim, or right.

10.6. Assignment

You may not transfer or assign this Agreement without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice.

10.7. Force Majeure

Neither party shall be liable for any default or delay in performance that arises out of causes beyond their reasonable control, including acts of God, weather, fires, acts of war, network problems, or medical emergencies.

10.8. Enforcement and Waiver

AMBT has the right, but not the obligation, to monitor or investigate any suspected violation of this Agreement. Any waiver of or failure to enforce any provision in one instance shall not be construed as a waiver in another instance.

10.9. Survivability

Any rights or obligations in this Agreement that by their nature are intended to continue following termination shall survive termination, including those relating to payment, limitation of liability, and dispute resolution.

10.10. Severability

If any part of this Agreement is deemed unlawful or unenforceable, that part shall be interpreted consistent with applicable laws or severed, and the remaining provisions shall remain in full force and effect.

10.11. Headings

Section headings are for descriptive, non-interpretive purposes only.

10.12. Language

The original version of this Agreement is in the English language. Any discrepancy or conflicts with any other language version will be resolved by interpreting the English version.

10.13. Integration

This Agreement and any other policies incorporated by reference represent the complete agreement between you and AMBT. It supersedes any and all prior agreements, representations, or warranties.

10.14. Order of Precedence

In the event of conflict among the documents comprising this Agreement, the order of priority shall be: (i) any publicly filed tariff governing the Services; (ii) the terms in Section 1 (California Lifeline Program) of this Agreement; and (iii) any other terms in this Agreement.