I. MoodyJ Mobile Wireless Service
II. MoodyJ Mobile Upgrade Plans
III. Shipping Policy
IV. Return Policy
V. Limited Warranty
VI. Unlocking Policy
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 16 BELOW.
BY USING THE SERVICE PROVIDED BY MOODYJ MOBILE YOU AGREE TO RECEIVE COMMUNICATIONS CONCERNING YOUR SERVICE VIA E-MAIL AND/OR THROUGH TEXT MESSAGE. YOU ALSO EXPRESSLY CONSENT TO RECEIVE ADDITIONAL MARKETING OR CUSTOMER SERVICE RELATED COMMUNICATIONS MOODYJ MOBILE MAY SEND ITS CUSTOMERS FROM TIME TO TIME VIA E-MAIL AND/OR THROUGH TEXT MESSAGE. IF YOU WISH TO OPT-OUT FROM RECEIVING ANY OF THESE COMMUNICATIONS PLEASE CONTACT CUSTOMER CARE OR EMAIL US AT CONTACT@MOODYJMOBILE.COM .
I. MOODYJ MOBILE WIRELESS SERVICE
Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and MoodyJ Mobile. MoodyJ Mobile is a brand of MoodyJ Designs, LLC d/b/a MoodyJ Mobile and is Powered by Verizon.
By purchasing, activating, and/or using any MoodyJ Mobile product (“Product”) or the wireless services provided by MoodyJ Mobile (the “Service”) you acknowledge and agree to these Terms and Conditions of Service. MoodyJ Mobile reserves the right to change or modify these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at moodyjmobile.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current Terms and Conditions of Service. For assistance or more information, please contact MoodyJ Mobile Customer Care at 1-833-366-6395.
1. ACTIVATING YOUR SERVICE
To use MoodyJ Mobile Service, you must first purchase and activate a MoodyJ Mobile phone or a MoodyJ Mobile SIM Kit that can be used to activate a compatible phone under the Bring Your Own Phone program. You must also purchase and redeem a MoodyJ Mobile wireless plan (a “Plan”). For more information about our Plans visit our website and see Section 3 below.
You may activate your Service by visiting our website at moodyjmobile.com or by calling Customer Care from a phone other than the one you intend to activate. If you have purchased a SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you activate your Service, you will be provided with a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service, and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice to you.
When you activate your Service, you will have the option of registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.
MoodyJ Mobile Service can only be activated where Service is offered and supported by MoodyJ Mobile. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by MoodyJ Mobile are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not MoodyJ Mobile. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a MoodyJ Mobile customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a MoodyJ Mobile customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.
If you are using your own compatible phone under the Bring Your Own Phone program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Bring Your Own Phone program. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Unless you have purchased a MoodyJ Mobile Wireless Broadband Data Plan, devices capable of only using data service are strictly prohibited and your use of such a device in conjunction with a MoodyJ Mobile Plan is grounds for immediate deactivation and termination of your Service without a refund.
We may, at any time and without prior notice to you, modify, cancel, and/or deactivate your Service and/or take other corrective action, for any reason in our sole discretion including, but not limited to, your violation of these Terms and Conditions of Service. Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.
All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service you agree that you are consenting to the latest MoodyJ Mobile Terms and Conditions of Service. Any Service which remains unused at the time of termination cannot be refunded or transferred to another person.
We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to You for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:
(a) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a MoodyJ Mobile representative, officer, employee, agent, or authorized retailer;
(b) using your Service for any unlawful, fraudulent, or illegal purpose;
(c) using your Service in any way that adversely affects the Service or the Carrier’s network;
(d) violating any Term or Condition contained in this Agreement.
3. MOODYJ MOBILE PLANS
Your Service will operate only after you have purchased and redeemed a Plan and so long as you have service days left on your Plan cycle. All Plans are on a 30-day cycle. Please visit our website at moodyjmobile.com for the latest information regarding our Service Plans.
MoodyJ Mobile Plans provide unlimited nationwide and international calling and text messaging. For more information regarding international long distance calling please see Section 6 below. MoodyJ Mobile Plans also provide unlimited data or a fixed amount of high speed data at 4G speeds for each Plan cycle depending on which Plan you select. 4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. If your Plan comes with a fixed amount of high speed data, your data speed will be reduced to as low as 64 kbps for the remainder of your Plan cycle after you have reached your high speed data limit. All unlimited plans, including most major carriers in the United States, have a 22 GB high-speed data limit. Your data speed will be restored once your next Plan cycle begins unless you purchase a new Plan prior to the start of your next Plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. Data transmitted over Wi-Fi does not count against your data usage.
All MoodyJ Mobile Plans come automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering. You may disable the Data Optimizer feature at any time by contacting Customer Care. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution.
MOODYJ MOBILE STASH : With MoodyJ Mobile Stash, you may purchase and add one or more MoodyJ Mobile Service Plans to your MoodyJ Mobile Stash and use them whenever you need. A Service Plan in your MoodyJ Mobile Stash will be automatically applied on your Service End Date, however, you may redeem a Service Plan in your MoodyJ Mobile Stash at any time by accessing your “My Account.” If you are an Auto ReUp customer and add a Service Plan to your MoodyJ Mobile Stash, the Service Plan in your MoodyJ Mobile Stash will take precedence over Auto ReUp and will be applied before your next Auto ReUp purchase is processed.
MOODYJ MOBILE AUTO REUP : You may enroll in Auto ReUp to purchase your Service Plan by registering your credit or debit card online the MoodyJ Mobile website and selecting the Service Plan you want to purchase on a recurring basis. With Auto ReUp, a new Service Plan will be automatically purchased and added to your Account each month on your Service End Date and your credit or debit card will automatically incur a monthly charge for the cost of the Service Plan you elect to purchase on a recurring basis. Please note that if you have a Service Plan in your MoodyJ Mobile Stash, this Service Plan will be applied first before an Auto ReUp purchase is processed. Once you have used all of the Service Plans in your MoodyJ Mobile Stash, your Auto ReUp purchases will resume. Additional terms and conditions apply when you enroll in Auto ReUp.
MOODYJ MOBILE WIRELESS BROADBAND PLANS : MoodyJ Mobile also offers Wireless Broadband Plans that only offer Data Services. All Wireless Broadband Plans provide 30 days of access. Access is subject to network availability. For more information about these Wireless Broadband Plans please visit moodyjmobile.com.
4. UNAUTHORIZED USE OF SERVICE
Your Service (i.e., voice, text, or data services) may only be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, and (c) web browsing, email, ordinary content downloads and uploads, and video and audio streaming without excessively contributing to network congestion.
Your Service may not be used in connection with certain unauthorized uses that may adversely impact other customers using our Service or the Carrier’s network. Examples of some unauthorized uses include, but are not limited to, the following:
(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;
(ii) automated text or picture messaging to another mobile device or e-mail address;
(iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video;
(iv) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (“P2P”) file sharing;
(v) as a substitute or backup for private lines or dedicated data connections;
(vi) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers unless such use is allowed under your Plan.
A customer engaged in any unauthorized use may have their Service suspended or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using their Service in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.
5. TEXT MESSAGING
MoodyJ Mobile does not generally participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than MoodyJ Mobile. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, subscribing to a service, or participating in interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS services or campaigns other than those authorized by MoodyJ Mobile. Any text message you send to a “short code” not authorized by MoodyJ Mobile will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by MoodyJ Mobile are not refundable. To opt out of any Premium SMS received reply by texting “Stop”.
6. INTERNATIONAL LONG DISTANCE SERVICE FOR MOODYJ MOBILE
MoodyJ Mobile Plans provide free international long distance service (“ILD Service”) to Canada and Mexico. Please be advised that available destinations are subject to change without notice at any time. MoodyJ Mobile ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. MoodyJ Mobile ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
International Long-Distance Service otherwise known as ILD may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with MoodyJ Mobile. ILD Service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
MoodyJ Mobile ILD Service is intended for live dialogue between and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as a call originated or received by a MoodyJ Mobile customer to initiate conversation between two individuals one of which is talking from a landline or wireless international destination. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. The service is not for commercial use or resale. Loaning or renting your phone or service to other persons for their use or calling, hosting, establishing or maintaining a chat line is not considered personal use. We will presume a customer is engaged in non-personal use in violation of our terms and conditions if their international long-distance calling usage exceeds three times the average usage of our ILD Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
MoodyJ Mobile will presume certain usage, dialing or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and we reserve the right to suspend, terminate or restrict your MoodyJ Mobile Service without prior notice. If you believe that we are in error, please contact Customer Care at 1-833-366-6395 and depending on the circumstances, we may reactivate your ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions, we reserve the right to suspend, terminate or restrict your MoodyJ Mobile Service with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
You agree not to use MoodyJ Mobile’s ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) is not for consumer use. You agree not to resell your MoodyJ Mobile ILD Service or to use your ILD Service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally.
MoodyJ Mobile ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.
You are responsible for safeguarding your ILD Service and Account information. MoodyJ Mobile is not responsible for and will not issue credit for unauthorized use.
7. DATA SERVICES
All MoodyJ Mobile Plans also provide data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited to, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.
Some apps, content, programs, and software that you download or that come pre-loaded on your Phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network, and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high speed data provided by the Plan you purchased whenever your Phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your Phone, will count against your data balance.
Not all of the online content which is accessible to one using MoodyJ Mobile Data Services is intended for children. In the event that you, as a legal guardian allow your child to use MoodyJ Mobile’s Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.
Availability, Interruptions, and Discontinuation to Data Services . MoodyJ Mobile does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice. MoodyJ Mobile is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, MoodyJ Mobile will not provide you with a refund for any remaining used or unused Data Services.
De-Prioritization. MoodyJ Mobile customers are de-prioritized as compared to Verizon customers, and if more than 40GB of data is used, MoodyJ Mobile customers will be further de-prioritized. Customers may not notice any reduction in speed if they are de-prioritized. However, during times of congestion, meaning when the network is experiencing high traffic volume, de-prioritization may result in slower data speeds. Once the high traffic volume is reduced, the data speed will be resumed at your normal speeds.
8. COVERAGE MAPS
You will find a coverage map on our website. This map is for general informational purposes only and depicts the general coverage area of MoodyJ Mobile. MoodyJ Mobile does not guarantee coverage or Service availability and the coverage map is not a guarantee of coverage. Coverage is not available everywhere. The coverage map displays only the predicted and approximate optimal wireless coverage, while outdoors, including, the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. This could occur due to many factors including, but not limited to, your device, network changes, network traffic volume, network prioritization, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the MoodyJ Mobile’s coverage map is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the MoodyJ Mobile plan you select. MoodyJ Mobile is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Domestic Roaming . Domestic roaming is available under all plans subject to certain limitations. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for roaming domestically, MoodyJ Mobile does not guarantee your ability to roam nor the availability and/or quality of services. Domestic roaming may be discontinued or changed at any time without notice. Further, use of Data Services while roaming domestically is limited to 500 MB and counts towards your allotment of high speed data. Please be advised that due to Carrier restrictions, MoodyJ Mobile reserves the right to terminate the Service of any MoodyJ Mobile customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period.
International Roaming . International roaming is available under all plans in select countries which are listed on our website. Subject to the foregoing exception, you will not be able to use your phone while traveling outside of the United States (including Puerto Rico). Countries where international roaming is available are subject to change without prior notice. Please visit our website for more information about the list of countries where international roaming is available. Data used while roaming internationally counts towards your allotment of high speed data. International roaming is not intended for extended international use. You must reside in the U.S. and primary usage must occur the U.S. Your phone must register on our network within the U.S. before international use. Service may be terminated or restricted for excessive roaming or misuse. International calling while roaming is subject to the ILD Service restrictions set forth in Paragraph 6 above.
10. WI-FI CALLING
Wi-Fi Calling is available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM Card. Pre-paid SIM cards are not equipped with Wi-Fi Calling. Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.
Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at moodyjmobile.com/account, submit a support ticket or by contacting Customer Care at 1-833-366-6395. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.
Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.
TTY Limitations for 911 Calls : Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.
11. EMERGENCY CALLS
If you are in an area where your MoodyJ Mobile Service is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your MoodyJ Mobile Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
12. DISCLAIMER OF WARRANTIES
MOODYJ MOBILE PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY MOODYJ MOBILE PRODUCT OR SERVICE YOU AGREE THAT MOODYJ DESIGNS, LLC D/B/A MOODYJ MOBILE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION IV (LIMITED WARRANTY), MOODYJ DESIGNS, LLC D/B/A MOODYJ MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE.
You acknowledge and agree that use of any MoodyJ Mobile Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of our control. Not all Products or Services (including Plans) are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, network prioritization, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted, suspended, or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs, or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s network. MoodyJ Mobile does not warrant or guarantee the availability of the Service at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither MoodyJ Mobile, nor any Carrier, shall have any liability for Service failures, outages, interruptions, delays, or limitations of Service. Because of the risk of being struck by lightning, you should not use your phone outside during a lightning storm. You should also unplug the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. At any time, MoodyJ Mobile reserves the right to substitute and/or replace any Product or Service with another Product or Service of comparable quality.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL MOODYJ DESIGNS, LLC D/B/A MOODYJ MOBILE OR ITS EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS WILL BE LIABLE TO YOU OR OTHER USERS OF YOUR MOODYJ MOBILE PRODUCT OR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY AND REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED OR WHETHER MOODYJ MOBILE KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, MOODYJ MOBILE, ITS EMPLOYEES, VENDORS, SUPPLIERS, AND LICENSORS LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree that neither we nor our employees, vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide a Service, including, but not limited to, deficiencies or problems with a Phone or Service coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Products or Service; (e) content or information accessed on your Phone while using our Products or Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (j) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
14. UNAUTHORIZED USE OF PRODUCTS
MoodyJ Mobile Products and Service are sold exclusively for use by you, the end consumer. The unauthorized use or resale of your MoodyJ Mobile phone constitutes a violation of this Agreement and will invalidate the Limited Warranty associated with your MoodyJ Mobile phone. You agree not to unlock, root, re-flash, jailbreak, tamper with, or alter the build state of your MoodyJ Mobile phone in a manner which conflicts with MoodyJ Mobile’s Unlocking Policy referenced in Section V below. You also agree not to use unauthorized PINs associated with MoodyJ Mobile Plans or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to sell and/or export MoodyJ Mobile phones outside of the United States. Any attempt to unlock your MoodyJ Mobile phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with, or alter the build state of your MoodyJ Mobile phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your MoodyJ Mobile phone may result in the immediate suspension or termination of your Service without notice and legal action. MoodyJ Mobile will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your MoodyJ Mobile phone shall entitle MoodyJ Mobile to recover liquidated damages from you in the amount of not less than $5,000 per MoodyJ Mobile phone purchased, sold, acquired or used in violation of this provision. For more information about the unauthorized use of MoodyJ Mobile phones refer to www.stopcellphonetrafficking.com .
If your MoodyJ Mobile phone has a SIM card or if you have purchased a SIM Kit, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, directly or indirectly, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of your SIM card or to allow any other person to do so. Any violation of the restrictions on the use of your SIM card that are contained in this Section may result in the immediate termination of your Service without notice. MoodyJ Mobile and its Carriers or other service providers, may, from time to time, remotely update or change the encoded information on your SIM card.
In the event of termination for any other unauthorized usage, you will forfeit unused Service and you will not be entitled to receive a refund for your MoodyJ Mobile phone or for any unused Service.
You agree to indemnify and hold harmless MoodyJ Designs, LLC, d/b/a MoodyJ Mobile and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party including the costs, expenses, and attorneys’ fees on account thereof arising from or related to your use of a MoodyJ Mobile Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
16. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care through our online Help Support Portal or at 1-833-366-6395. Before taking any formal action, you agree to first contact us and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to MoodyJ Designs, LLC, Attn: Legal Department-Consumer Claims, 304 SE Hearthwood Blvd #873939 Vancouver, WA 98684.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND MOODYJ FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
This provision is intended to encompass all disputes or claims arising out of your relationship with MoodyJ, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to you and MoodyJ include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to MoodyJ by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting MoodyJ’s Legal Department as set out above. You and MoodyJ agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and MoodyJ agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and MoodyJ agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), MoodyJ will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between you and MoodyJ in accordance with AAA Rules. Additionally, MoodyJ hereby waives any right to seek its attorney’s fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to you, the customer, where the law would so provide. If you initiate an arbitration in which you seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If MoodyJ made you a settlement offer that you rejected prior to entering arbitration and the arbitrator ultimately finds in your favor in any respect with an award that is greater than the last written offer made to you by MoodyJ, MoodyJ will pay you the amount of the award or a minimum of $5,000, whichever is greater. Additionally, MoodyJ will pay your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that your attorney reasonably incurs for investigating, preparing, and pursuing your claim. If MoodyJ opted not to make you a written settlement offer, these same terms apply, meaning that you are guaranteed a minimum award of $5,000 if the arbitrator finds in your favor and that MoodyJ will reimburse your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and you and MoodyJ agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless you and MoodyJ agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless you and MoodyJ agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which you reside.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you and MoodyJ waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) your right to serve in a representative capacity in any class or consolidated basis. Neither you nor MoodyJ shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
In the event that any claim proceeds in a court of law rather than through arbitration, you and MoodyJ agree that there will not be a jury trial. You and MoodyJ unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and MoodyJ further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH MOODYJ AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OUT OF THIS PROVISION BY WRITING TO MOODYJ DESIGNS, LLC, ATTN: LEGAL DEPARMENT-CONSUMER CLAIMS, 304 SE HEARTHWOOD BLVD #873939, VANCOUVER, WA 98684. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
18. CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
19. ENTIRE AGREEMENT
II. MOODYJ MOBILE UPGRADE PLANS
These additional terms and conditions apply to customers who purchase, redeem, and/or use a MoodyJ Mobile upgrade service plan (“Upgrade Plan). By purchasing or using a MoodyJ Mobile Upgrade Plan you agree to accept the General Terms and Conditions for MoodyJ Mobile Wireless Service which can be found on our website at moodyjmobile.com and the following additional terms and conditions, each of which may be updated from time to time without prior notice. Any changes or modifications to these additional terms and conditions are effective and will be binding on you when posted on our website at moodyjmobile.com.
READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR UPGRADE PLAN. IF YOU TRANSFER YOUR MOODYJ MOBILE TELEPHONE NUMBER TO ANOTHER WIRELESS CARRIER OR YOUR ACCOUNT IS INACTIVE FOR A PERIOD OF 24 CONSECUTIVE MONTHS, YOU WILL PERMANENTLY LOSE ALL OF YOUR UPGRADE POINTS.
MoodyJ Mobile Upgrade Plans are unique airtime plans that provide you with the ability to upgrade your MoodyJ Mobile phone at a discount at the end of an eligible upgrade period (“Upgrade Period”) by accumulating points (“Upgrade Points”) awarded to you after purchasing an Upgrade Plan. The length of your Upgrade Period and the amount of Upgrade Points you can accumulate depend on which Upgrade Plan you purchase and the number of Upgrade Plans you purchase. All MoodyJ Mobile Upgrade Plans include unlimited voice and text messaging services (including international text messaging) and a fixed amount of high speed data for each monthly plan cycle. The amount of data that can be accessed at high speed depends on which Upgrade Plan you purchase. After your high speed data threshold is reached, your data speed will be reduced to as low as 64 kbps for the remainder of your monthly plan cycle. Your high speed data will be restored once your next plan cycle begins unless you purchase a new MoodyJ Mobile Unlimited Plan prior to the start of your next plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. Some MoodyJ Mobile Upgrade Plans may provide international calling depending on the destination. For more information regarding international calling please see section 6 of MoodyJ Mobile’s Terms and Conditions of Service at moodyjmobile.com/terms-and-conditions-of-service. For a current list of all MoodyJ Mobile Upgrade Plans and their offerings please visit our website.
In addition to voice, text messaging, and data services, MoodyJ Mobile Upgrade Plans provide you with Upgrade Points depending on which Upgrade Plan you purchase and redeem. Once you have accumulated a total of 18 Upgrade Points you will become eligible for an upgrade discount on a MoodyJ Mobile phone (“Upgrade Discount”). Upgrade Discounts can only be applied towards the purchase of a MoodyJ Mobile phone. You can switch between Upgrade Plans at any time and continue to accrue Upgrade Points based on your new plan. You can also switch between an Upgrade Plan and another Service Plan; however, you will only accumulate Upgrade Points by purchasing a MoodyJ Mobile Upgrade Plan.
Because you can switch between Upgrade Plans, the length of your Upgrade Period will depend on which Upgrade Plan you purchase while accumulating the required 18 Upgrade Points. After you have reached 18 Upgrade Points, you may continue to accumulate Upgrade Points before using your Upgrade Discount; however, Upgrade Discounts are only awarded in intervals of 18 Upgrade Points. As such, once you accumulate another 18 Upgrade Points you will become eligible for another Upgrade Discount. For more information and examples of how Upgrade Points and Upgrade Discounts work please visit our FAQ section online.
Upgrade Points have no cash value, cannot be refunded, or transferred to another customer. If you switch between a MoodyJ Mobile Upgrade Plan and another MoodyJ Mobile service plan you will not lose your Upgrade Points. If, however, you port-out or transfer your MoodyJ Mobile telephone number to another wireless carrier, you will permanently lose all of your Upgrade Points. If you have purchased a MoodyJ Mobile phone using your Upgrade Discount and you return your phone, your Upgrade Points will be returned to your account once we have verified your return. In the event you return your phone, you will only be entitled to a refund for the amount you paid after applying your Upgrade Discount.
If your MoodyJ Mobile Service is deactivated due to your inactivity, you will not lose your Upgrade Points, unless the period of your inactivity exceeds 24 consecutive months measured from your Service End Date in which case all of your Upgrade Points will expire. If you reactivate your Account through the purchase of a MoodyJ Mobile Upgrade Plan (before the expiration of the 24-month inactivity period), your Upgrade Points will be reinstated; however, it is likely that you will lose your MoodyJ Mobile phone number due to any extended inactivity. Your Upgrade Points will be linked to the electronic serial number (ESN) of your MoodyJ Mobile phone. Therefore, any deletion or modification of the ESN from your account may result in the loss of your Upgrade Points. All other terms and conditions associated with your MoodyJ Mobile Service apply and shall govern your purchase and/or use of a MoodyJ Mobile Upgrade Plan.
III. SHIPPING POLICY
Sim card orders placed during business hours before 3 PM Eastern Time will be shipped on the same day the order was placed. Orders placed after 3 PM will be shipped the next business day. The only exceptions are phone that are out of stock. In this case you will be notified about delayed shipping during the purchase. For example, if you place your order on August 15 with a Start Date of August 30 and choose Overnight shipping, we will ship your package on August 27 so it arrives on August 28. Shipping charges are not refundable. Expected time to receive your ordered sim card is 3 business days. MoodyJ Mobile only ships within the United States.
IV. RETURN POLICY
To see the return policy (“Return Policy”) applicable for your Device, please refer to the section below based on how you made your purchase. MoodyJ Mobile does not allow returns or provide refunds for any SIM Kits or Plans you may have purchased.
Store Purchases . If you purchased a MoodyJ Mobile phone from a retailer or wireless dealer (and not from MoodyJ Mobile directly either by phone or online), your Phone purchase is subject to that store’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. MoodyJ Mobile will not process the return of any MoodyJ Mobile phone sold to you by a retailer or wireless dealer.
Online Purchases from MoodyJ Mobile . If you purchased your MoodyJ Mobile phone from moodyjmobile.com, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us.
To be eligible for a return you must meet the following requirements:
· The phone you are returning must have been purchased from MoodyJ Mobile’s official website and the IMEI number must be verified.
· You must return the phone in like new, working condition, returned in the original manufacturer’s packaging with all included accessories, including, device, battery, charger, and manual. The phone must not have any liquid or physical damage.
· You must pay for the cost to ship the phone back to us and include a copy of your receipt.
If anything is missing or device is not in like-new condition, your shipment may not be accepted. If a device has physical or liquid damage it cannot be returned and a credit will not be issued. MoodyJ Mobile will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.
If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the difference in price between the phone you are returning and the new phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone.
V. LIMITED WARRANTY
All new MoodyJ Mobile phones (except iPhones) are covered by a one (1) year limited warranty administered by MoodyJ Mobile as set forth below.
All reconditioned or refurbished phones sold by MoodyJ Mobile (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by MoodyJ Mobile. Open box iPhones have a ninety (90) day limited warranty from date of original purchase.
New Apple iPhones are covered by a one-year limited warranty offered and administered by Apple. Please visit apple.com for more information.
To the extent available for purchase, refurbished iPhones and certified pre-owned phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase.
A phone that you own which was not purchased from MoodyJ Mobile but that is registered with MoodyJ Mobile under the Bring Your Own Phone program is not covered by MoodyJ Mobile’s limited warranty.
How To Obtain Warranty Service . To obtain warranty service from MoodyJ Mobile, please contact our online Help Desk Portal by submitting a ticket or Customer Care at 1-833-366-6395. If your problem cannot be resolved over the phone, our MoodyJ Mobile technicians will provide you with a Return Authorization Number, which you will use to send your phone and/or accessories (“Product”) to the designated Service Center for repair or replacement, at MoodyJ Mobile’s option.
Terms of Limited Warranty :
1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage.
2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer. Upon request from MoodyJ Mobile, the Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
3. During the limited warranty period, MoodyJ Mobile will replace or repair, at MoodyJ Mobile’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. MoodyJ Mobile may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components comply with Product performance and reliability specifications.
4. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. MoodyJ Mobile’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Purchaser returns the Product to MoodyJ Mobile for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. MoodyJ Mobile shall not be liable for any other losses or damages. These remedies are the Purchaser’s exclusive remedies for breach of warranty.
5. The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of MoodyJ Mobile, including damage caused by shipping.
(b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection to other products (including software) not recommended for interconnection by MoodyJ Mobile.
(c) MoodyJ Mobile was not advised in writing of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable Limited Warranty period.
(d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.
(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.
(f) The Product is outside of the limited warranty period.
6. MoodyJ Mobile shall not be liable for delay in rendering service under the limited warranty, loss of use of the service during the period that the product is returned for replacement or warranty service or for the loss or unauthorized use of customer passwords, personal information, contacts, pictures, videos, applications, music, ringtones and other content.
7. MoodyJ Mobile neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.
8. This is the entire warranty between MoodyJ Mobile and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
9. This limited warranty allocates the risk of failure of the Product between the Consumer and MoodyJ Mobile. The allocation is recognized by the Consumer and is reflected in the purchase price.
10. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from state to state.
VI. UNLOCKING POLICY
For Customers with MoodyJ Mobile Phones Capable of Being Unlocked : MoodyJ Mobile will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(a) Customers must request phone unlocking. MoodyJ Mobile will unlock phones of current and former MoodyJ Mobile customers without charge. Non-former customers may request unlocking, but MoodyJ Mobile may charge a reasonable fee.
(b) The MoodyJ Mobile Handset must have been activated on MoodyJ Mobile Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.
(c) Customers must possess a MoodyJ Mobile Handset that is not reported stolen, lost, or associated with fraudulent activity.
(d) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, MoodyJ Mobile will honor that customer’s unlocking request.
For Customers with MoodyJ Mobile Phones Not Capable of Being Unlocked : MoodyJ Mobile will provide customers with a partial refund or credit against the purchase of a new MoodyJ Mobile phone if they meet the following conditions:
(a) Customers must request phone unlocking.
(b) Customers must have had their locked phone activated on MoodyJ Mobile Service for no fewer than 12 months, redeemed air time cards in no fewer than 12 months, and not have had their telephone number recycled or ported.
(c) Customers must request this interim unlocking solution while their MoodyJ Mobile Service is active or within 60 days after their Service expires. This 60-day grace period applies even if the customer’s telephone number was recycled or ported.
(d) Customers must currently own a MoodyJ Mobile phone model launched on MoodyJ Mobile’s Service after February 11, 2020 or activated with MoodyJ Mobile’s Service after February 11, 2020.
(e) Customers must possess a MoodyJ Mobile phone that is in working condition.
(f) Customers must possess a MoodyJ Mobile phone that is not reported stolen, lost, or associated with fraudulent activity.
(g) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, MoodyJ Mobile will honor that customer’s unlocking request by sending a refund for the trade-in value of the used, locked phone returned by the customer without regard to the 12 months of service activation and Service Plan redemption eligibility requirements.
(h) Customers are eligible for this program only once every twelve (12) months.
After an eligible customer contacts MoodyJ Mobile to request the trade-in value of his or her phone, MoodyJ Mobile will provide a prepaid mailer for the customer to return the used, locked phone. Upon receipt of the device, MoodyJ Mobile will send the customer a check for the trade-in value of the phone. The trade-in value is determined by a formula reached through agreement with the FCC. Eligible customers may elect to have the trade-in value of their phone applied to the cost of a new MoodyJ Mobile phone that is capable of being unlocked.
Customers who would like to check if they are eligible or submit an unlocking ticket request can do so through an online portal at the MoodyJ Mobile website or by calling 1-833-366-6395.
MoodyJ Mobile may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud MoodyJ Mobile or its customers. MoodyJ Mobile’s Unlocking Policy is subject to change at any time without advance notice.
Last updated September 20th, 2020.