H2O WIRELESS and H2O BOLT
TERMS & CONDITIONS

1. Parties. In this document, “we,” “us,” “our”, and “H2O” refer to H2O Wireless and H2O BOLT; “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Device” or “Devices” means any phone, device, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our offers, rates, or service plans. For any questions, please call Customer Service at 1-800-643-4926.
2.  General.  This Agreement is the contract under which we provide and you accept all our Services or Devices, including but not limited to your prepaid Services. This Agreement hereby incorporates by reference the terms associated with the Service you select and all additional or updated terms at h2owirelessnow.com and h2obolt.com. H2O BOLT is a hotspot service; any terms and conditions herein that are not applicable to data service (e.g. terms regarding minutes and messaging) do not apply to H2O BOLT. YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO, OR IN ANY WAY USE, THE SERVICES, (B) PAY FOR ANY SERVICES, OR (C) ACCEPT THE SERVICES THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT.  BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THIS AGREEMENT.  IF YOU DO NOT AGREE WITH ANY TERMS IN THIS AGREEMENT, DO NOT USE THE SERVICES.
3.   Using Our Services.  Service is for personal use in the U.S. only. You agree not to use our Services in any unlawful, fraudulent, or abusive manner.  You may not resell or lease our Services to anyone without our prior written approval. We may, without notice, limit, suspend, or end your Service as follows: if you (a) breach this Agreement, (b) make a misrepresentation to us, (c) “spam” or  abusively message or call, (d) modify your Device from its manufacturer's specifications, (e) use the Services in a way that adversely affects our network or other customers, (f) allow anyone to tamper with your Device, or (g) harass our employees or agents. We may terminate your Services at any time by providing you prior notice, and we may terminate your service at any time without notice for any conduct that we believe violates this Agreement. We may also temporarily limit your access to the Services for any operational or governmental reason. We are not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
4.  Activating Prepaid Service.  Prepaid Service is active at the time of your purchase of a prepaid Device or upon first call.  You must maintain a positive account balance on your H2O Device in order to keep your account active.  Depending on the type of plan you choose to activate on your Device, terms and conditions may vary.  For plan details, consult the applicable plan or refill card terms or visit h2owirelessnow.com or h2obolt.com.
5.  Account Authorization. You authorize us to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to our use of regular mail, autodialing equipment, email, text messaging or other reasonable means to contact you to inform you of our services or other matters we believe may be of interest to you.
6.  Lost or Stolen Equipment. Upon your acceptance of your Device, all risk of loss, damage, theft, or destruction of your Device is borne by you.  Call Customer Service immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss. Once you notify us, we will suspend your Service. We will not credit or refund any account balance as a result of loss or theft of your Device.  You agree to cooperate with us in investigating suspected unlawful or fraudulent use.
7.  Coverage.  Coverage is not available everywhere. Our coverage maps approximate our anticipated wireless coverage area and are available at h2owirelessnow.com and h2obolt.com.  The map includes coverage on the network as well as coverage we make available to you through agreements with other carriers ("off network" or “roaming”). There are gaps in our coverage that, along with circumstances beyond our control (e.g. network capacity, interference from buildings and other structures, terrain and weather), may impact availability and quality of our Services.
8.  Roaming.  Both domestic and international roaming are not available with any H2O Service.
9.  Refunds and Returns.  Account balances are not refundable, transferable, or redeemable for cash or credit. To the fullest extent permitted by law, H2O Devices are sold “as is” with no manufacturer warranty. H2O Devices purchased on h2owirelessnow.com or h2obolt.com are subject to H2O’s 14-day return policy found at h2owirelessnow.com and h2obolt.com. H2O Devices purchased in a retail location are subject to the return policy of the place of purchase.
10.  Your Device and Number.   We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are any limited warranties extended by the manufacturer directly to you or passed on to you through the vendor you purchased the phone from. You agree that you will not use H2O Devices with any non-H2O service or on any other network.  Except for any legal right you may have to port/transfer your phone number to another carrier, you do not have any rights in any personal identification number or identifier we assign you.  We will notify you if we decide to change or reassign them. If your prepaid account is de-activated, your phone number may be re-assigned.  Your wireless phone number and name may show up when you call someone. If you do not want people you call to receive the number assigned to your phone, call Customer Service about Caller ID blocking. Your H2O device may not be 4G enabled.
11.  Transferring/Porting Your Number.   You must have an active H2O account to transfer, or “port,” your phone number. Call Customer Service if you wish to port your phone number from another service provider to H2O. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we will treat it as notice from you to terminate our Service for that number upon successful completion of porting. If you port your number away from us, the terms of this Agreement still apply.  You will not be able to transfer any unused balance on your account to your new service. After the porting is completed, you will not be able to use our Services for that number. We do not guarantee that number transfers to, or from, us will be successful. 
12.  Charges.  You agree to have your prepaid account debited for all usage and other charges associated with your Device, even if you were not the user of, and did not authorize, its use. Charges include, without limitation, monthly recurring access charges, charges based on actual usage and all applicable taxes and regulatory fees. You agree that we may deduct from your account balance all federal, state and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Service we provide you. Directory assistance, premium SMS, no answer/busy transfer, caller ID, caller ID block, and roaming not available with any plan. 3-way calling, call forwarding, call waiting, and voicemail features included; talk rates apply where applicable. When calling outside the U.S., additional charges will apply. Advertised international rates may not apply to calls made to foreign mobile phones or to off network/special locations and in some instances may be higher. International Long Distance (“ILD”) balance does not roll over upon monthly plan expiration. ILD cannot be replenished if used prior to the expiration of your monthly plan. For pay as you go plans, international calls are charged at the applicable international rate plus airtime, except for select international destinations that are included at no extra charge (i.e. airtime charge only). Restrictions on certain countries may apply. All plans, rates and fees are subject to change without notice. For current charges and fees, call Customer Service or visit h2owirelessnow.com and h2obolt.com.
13.  Minutes and Messaging.  Call times are measured in whole minutes and rounded up to the nearest minute. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assistance), incurs charges. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. Indicators of messages on your Device, including mailbox icons, may not always provide an up-to-date indication of new messages and you may need to manually reset or clear your mailbox indicator. Legitimate messages may be inadvertently interrupted by software aimed at prevention of unsolicited messages.
 
14.  Text and Picture Messaging. Text messages are typically limited to 160 characters per message, but such character limitation may vary depending on your device. All messages, including text and picture messages are charged when sent (per recipient) or received, regardless of whether they are read or unsolicited. Data usage applies for sending and receiving MMS. H2O is not responsible for any of the data activity sent to or received on your Device, regardless of who initiates the activity. For messages delivered to your Device in multiple parts, you will be charged for each part of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. H2O reserves the right to limit picture message size at any time. In order to protect our network and Services, H2O may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. Memory limitations on your Device may prevent some data or content from being stored. H2O is not responsible for the failure to store data or content nor the deletion of such data or content. Picture and video messaging consume data and are only available on handsets programmed for data.
 
15.  Data Services Restrictions. H2O’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. H2O has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner. 
16.  Data Service and Charges. A capable device is required for 4G LTE speeds. A compatible device and H2O SIM Card are required for H2O BOLT service. H2O data is up to 4G speed up to the selected plan allotment, if applicable (e.g. 2.5 GB for the $60 H2O Wireless plan), then reduced to up to 128 Kbps for the remainder of the plan cycle. Actual speeds may vary depending on location and device capability. The H2O feature card cannot be used for activation; a monthly plan must have been loaded prior to loading first data card. Feature card balance will carry over as long as account remains active and cannot be used with pay as you go plans. Data allotment for monthly plan is consumed before feature card. Data usage is measured in kilobytes and is rounded to the nearest KB each use. Data usage applies for sending/receiving MMS. For data capable Devices not provided by H2O, manual or auto configuration is needed for MMS and/or data settings. Your account balance will be deducted for all data directed to the Internet address (“IP address”) assigned to your Device, regardless of who initiates the activity or whether your Device actually receives the data. This includes, but is not limited to, the amount of data associated with the particular information/item (e.g. game, ringer, email, etc.), additional data used in accessing, transporting and routing this information/item on our network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. Based on these and a number of other factors (e.g., the specific application, network performance, etc.) data used will vary widely, even for the same activity. Estimates of data usage, for example, the size of downloadable files, will not necessarily be an accurate predictor of actual usage.
17.  Unlimited Plan Abuse. For any Service that includes unlimited features, “unlimited” does not mean unreasonable use.  H2O’s unlimited voice features are provided solely for dialogue between two individuals and for non-commercial use.  Other uses have a disproportionate impact on network resources and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. H2O’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). W  While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either H2O's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use. If you use wireless services in any manner that is prohibited, we (i) may interrupt, suspend, cancel, or terminate your wireless data services without advance notice; and (ii) take any action to protect our networks and/or our rights and interests.
18.  Prepaid Refills.  H2O Wireless Monthly plans expire 30 days after loaded to your account. H2O Wireless Pay as You Go plans and H2O BOLT plans expire in accordance with the expiration date provided with your purchased refill card. Unused minutes or data allowance do not roll over. If you switch between plans or renew a plan before expiration, the features associated with your prior plan will no longer be available (i.e. no stacking). Credits to your prepaid account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased refill card. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any purpose. Your account and phone number will be cancelled if the balance remains at $0 for 30 consecutive days or more. H2O refills can only be used with H2O Devices. Credits cannot be transferred from one account to another.  If your account becomes inactive, we may de-activate your account and you may lose your phone number. If you wish to use Services after your account has been de-activated, call Customer Service for reactivation. There may be a charge to reactivate and we cannot ensure that the same phone number will be available.
19.  Privacy and CPNI. Except as provided in this Agreement, we will not intentionally share personal information about you without your permission. We will not publish directories of our customers’ phone numbers. During the course of providing Services to you, however, we may collect certain information that is made available to us solely by virtue of our relationship with you, such as your identifying information and information about the quantity, technical configuration, type, destination, and amount of your use of our Service, which together with related billing information is known as Customer Proprietary Network Information (“CPNI”).  We may use and share your CPNI: (a) to initiate, render, bill, and collect for our Services to you; (b) to protect our rights and property, or to protect our users and other carriers from fraudulent, abusive, or unlawful use of the Services;, (c) to provide any inbound telemarketing, referral, or administrative services to you for the duration of the call, if you initiate the call and approve of the use of CPNI for that purpose; (d) to provide call location information in the case of emergency; (e) to provide or market service offerings among the categories of service (e.g., wireless voice service) to which you already subscribe; (f) to provide our wireless voice and information Services to you; (g) to provide Customer Service support to you for Services; or (h) to process your Lifeline application and/or renewal, if applicable. For other uses of CPNI, including the use of CPNI for marketing, you may “opt out” of disclosure of your CPNI to H2O Wireless affiliates and third-party agents by contacting Customer Service.  Opting out will not affect our provision of Service to you or our use of CPNI for purposes enumerated above. We may also collect other personal information about you that you provide to us through your application for Service: this information is not CPNI, but is protected Proprietary Information (“PI”). We may use and share information about you and your PI: (a) so we can provide our goods or Services to you; (b) so others can provide goods or services to us, or to you on our behalf; (c) for purposes of determining compensation for our agents; (d) so we or our affiliates can communicate with you about goods or services related to the ones you already receive from us; (e) to protect our rights or interests, including but not limited to protecting you and other H2O Wireless users from fraud, abuse, or unlawful use of the Services; or (f) as required by law, legal process, or exigent circumstances.  For training or quality assurance, we may also monitor or record our calls with you (e.g., your conversations with our Customer Service or sales departments). For more information about our privacy practices, see our Privacy Policy at h2owirelessnow.com.
20.  TTY Access. A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY does not work with all Devices. If you have a digital wireless TTY compatible Device, it is possible to make calls, including 911 calls, with a TTY.  If you have questions concerning your Device’s TTY compatibility, please contact Customer Service or visit h2owirelessnow.com.
21.  Disclaimer of Warranties.  WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE.  SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE ISSUES. 
22.  Limitation of Liability/Indemnification.  NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH:  (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY, (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.), (C) ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES, OR RELATED ACCESSORIES, (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING, OR ATTEMPTING TO ACCESS, EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING THROUGH 911, E911 OR OTHERWISE, OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY.   IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE.  YOU ALSO AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (E.G. “ROAMING”), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES.
23.  Mandatory Arbitration of Disputes.  YOU AND H2O AGREE TO SUBMIT ANY AND ALL DISPUTES TO BINDING ARBITRATION OR SMALL CLAIMS COURT. DISPUTES INCLUDE ANY CLAIM ARISING OUT OF THIS AGREEMENT WHETHER THE CLAIM AROSE BEFORE THIS AGREEMENT OR ANY PRIOR AGREEMENT WITH US, IS THE SUBJECT OF CURRENT CLASS ACTION LITIGATION TO WHICH YOU ARE NOT A CERTIFIED CLASS MEMBER, OR MAY ARISE AFTER TERMINATION OF THIS AGREEMENT. THIS AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES.  ARBITRATION WILL BE GOVERNED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR BY VISITING WWW.ADR.ORG. THE ARBITRATOR MAY AWARD ANY FORM OF INDIVIDUAL RELIEF AND MUST HONOR THE TERMS IN THIS AGREEMENT. ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS, BUT IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BY DOCUMENTS SUBMITTED TO THE ARBITRATOR. YOU FURTHER AGREE THAT WE MAY ATTEND ANY ARBITRATION BY TELEPHONE, VIDEO CONFERENCE, AND/OR DOCUMENT SUBMISSION. CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, THEY WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A CLASS MEMBER IN CLASS ACTION LITIGATION/ARBITRATION. WE WILL NOT SEEK REIMBURSEMENT FOR OUR ATTORNEY’S FEES IN ANY DISPUTE, AND IF THE ARBITRATOR DETERMINES YOUR CLAIM TO BE FRIVOLOUS, YOU AGREE TO PAY FOR THE ENTIRE ARBITRATION COST. IF THE ARBITRATOR OR SMALL CLAIMS COURT AWARDS YOU A DOLLAR AMOUNT, WE WILL DOUBLE THAT AMOUNT UP TO AN ADDITIONAL $1,000, AND WE WILL REIMBURSE YOU FOR REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS.  THE FEDERAL ARBITRATION ACT GOVERNS THIS AGREEMENT TO ARBITRATE. IF THE PROHIBITION ON CLASS LITIGATION/ARBITRATION CANNOT BE ENFORCED, THEN THE CLASS ACTION DISPUTE WILL NOT BE SUBJECT TO THIS AGREEMENT TO ARBITRATE. A PARTY WHO INTENDS TO PURSUE ARBITRATION OR RELIEF IN SMALL CLAIMS COURT UNDER THIS AGREEMENT MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING AN ARBITRATION OR SMALL CLAIMS MATTER. THE NOTICE MUST DESCRIBE THE NATURE OF THE DISPUTE AND RELIEF SOUGHT AND MUST BE MAILED TO: ATTN: DISPUTE RESOLUTION, 1411 W. 190^TH STREET, SUITE 650, GARDENA, CA 90248, OR EMAILED TO DISPUTERESOLUTION@H2OWIRELESSNOW.COM. IF AFTER 60 DAYS, WE DO NOT RESOLVE THE DISPUTE, EITHER PARTY MAY INITIATE A SMALL CLAIMS MATTER OR ARBITRATION PROCEEDING BY FOLLOWING THE PROCEDURES SET FORTH IN THE FORMS FOR INITIATING ARBITRATION. FORMS FOR GIVING NOTICE OF DISPUTE AND INITIATING ARBITRATION CAN BE OBTAINED AT WWW.H2OWIRELESSNOW.COM/FORMS OR BY CALLING 1-800-643-4926. 
24. Changes to your Service or this Agreement. We may change any terms, conditions, plans, rates, fees, expenses, or charges regarding your Service at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) by such means as we determine most reasonable. All changes to this Agreement will be posted at h2owirelessnow.com or h2obolt.com. Your Service is subject to our business policies, practices, and procedures. Any changes to this Agreement or your Service are effective 30 days after they are published on our website. If you choose to use your Service, increase your account balance, or make any payment to us on or after the effective date of the changes, you accept the changes. If the changes have a material adverse effect on you, however, you may terminate each line of Service materially affected only if you call us within 30 days of the changes going into effect. You understand that taxes, fees and other charges imposed by the government may increase or decrease at any time without notice and that such charges do not constitute a change to this Agreement or your Service.
25.  Miscellaneous. A waiver of, or failure to enforce, any part of this Agreement in one instance is not a waiver of any other part or instance. Section headings are for descriptive, non-interpretive purposes only.  You may not transfer or assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement, or your debts to us, without notice. Notices are considered delivered when we send them to any e-mail or fax number you have provided to us, 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website.             If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement and the Agreement shall otherwise be enforceable. This Agreement and the documents to which it refers form the entire agreement between you and H2O on their subjects. If there is a conflict between this Agreement and statements by any sales or service representatives, this Agreement controls. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except H2O’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent that we have agreed otherwise, this Agreement and disputes covered by it are governed by federal law and the laws of the state of New Jersey, without regard to choice of law principles or the conflicts of laws rules of that state. H2O Wireless is a dba of Locus Telecommunications, LLC