End User License Agreement (EULA)
This Value Mobile End User License Agreement (“EULA”) is between you and Choice Phone, LLC (“Choice”) and governs your use of Choice’s mobile applications for Android including its Value Mobile (“VM”) App. PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CHOICE. By using the VM app you confirm your agreement to be bound by the EULA. If you do not agree to the EULA you may not use the VM app. Choice reserves the right to immediately terminate the EULA or the VM app at any time for any reason.
Restrictions on Use
You may not:
- Remove any copyright, trademark or proprietary notices from any portion of the VM app;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the VM app unless expressly permitted by Choice;
- Decompile, reverse engineer or disassemble the VM app except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the VM app;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the VM app or unduly burdening or hindering the operation and/or functionality of any aspect of the VM app; or
- Attempt to gain unauthorized access to or impair any aspect of the App or its related systems or networks.
Terms & Conditions
In order to use the VM app you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age to obtain an account. Account registration requires you to submit personal information such as your name, address, email, cpni password, 2 security questions and answers and a password for the VM service. A valid payment method supported by the VM app is also required upon purchase of any VM product and service. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain such accurate, complete and up-to-date information may result in your inability to access or use the VM app. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
Unless otherwise permitted by Choice in writing, you may only possess one Account. You may not assign or transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the VM app, and you may only use the VM app for lawful purposes. You may not access or use the VM app to cause nuisance, annoyance, inconvenience, or property damage, whether to a third party or any party. In certain instances you may be required to provide proof of identity to access or use the VM app, and you agree that you may be denied access to or use the VM app if you refuse to provide proof of identity.
You understand that use of the VM app may result in charges to you for the services or goods you receive. Choice will receive your payment of the applicable charges for services or goods you obtain through use of the VM app. Charges will be inclusive of applicable taxes and may include other applicable fees. You will receive a receipt by email. Charges paid by you are final and non-refundable, unless otherwise determined by Choice. Choice reserves the right to establish, remove and/or revise charges for services or goods obtained through the use of the VM app at any time and at Choice’s sole discretion. Choice will use reasonable efforts to inform you of charges, provided you will be responsible for charges incurred under your Account regardless of your awareness of such charges.
The services are provided “as is” and “as available.” Choice disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Choice makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Choice does not guarantee the quality, suitability, safety of any third party providers. You agree that the entire risk arising out of your use of the VM app, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability
Choice shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Choice, even if Choice has been advised of the possibility of such damages.
Choice shall not be liable for any damages, liability or losses arising out of: (1) your use of or reliance on the services or your inability to access or use the services; or (2) any transaction or relationship between you and any third party provider, even if Choice has been advised of the possibility of such damages. Choice shall not be liable for delay or failure in performance resulting from causes beyond Choice’s reasonable control.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold Choice and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (1) your use of the services or services or goods obtained through your use of the VM app; (2) your breach or violation of any term in this EULA; (3) Choice’s use of your User Content; or (4) your violation of the rights of any third party.
Who We Are
Choice Phone, LLC (“Choice”) provides a service through the VM app which allows users to purchase, pay, activate and deactivate SIM cards and/or prepaid data services provided by Choice in Guam. In order to provide this service, Choice collects information about you when you use the VM app and through other interactions and communications you have with us.
What Information We Collect & Why We Need It
When you use the VM app, we collect the following general categories of information about you:
- Transaction Information - We collect transaction details related to your use of the VM app, including the type of service or good requested, date and time requested, amount charged, and other related transaction details.
- Log Information - We collect server logs, which may include information such as device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party or service you were using prior to using the VM app.
Who Has Access To Your Information
We may share the information we collect about you as described in the EULA or as described at the time of collection or sharing.
How To Delete or Alter Your Data
You may correct your account information at any time by logging onto your User Account. If you wish to delete your account, you may contact us directly at 8888888 or visit our main office at 543A North Marine Corps Drive, Tamuning, Guam. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated the EULA, we may seek to resolve the issue before deleting your information.
Choice will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
Material Changes To Our Policy
We may change this policy from time to time. If we make significant changes in the way we treat your personal information, or to the policy, we will provide you notice through the VM app or via email. Your continued use of the VM app after such notice constitutes your consent to the changes. We encourage you to periodically review the policy for the latest information on our privacy practices.
Choice Phone, LLC (“Choice”) respects the intellectual property rights of others and expects its users to do the same. It is Choice’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.