Terms of Service

This agreement ("Agreement") is between Mongoose Metrics, LLC. ("Mongoose Metrics") and an end user ("End User"). Any Mongoose Metrics services or products ("Services") provided by Mongoose Metrics to End User shall be governed by the terms and conditions herein. By activating the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between End User and Mongoose Metrics by, among other things, requiring (1) MANDATORY ARBITRATION OF DISPUTES; (2) LIMITING Mongoose Metrics's LIABILITY UNDER THE AGREEMENT. End User acknowledges that they are of legal age to enter into this Agreement.

1. TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY Mongoose Metrics, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Mongoose Metrics. No waiver or amendment to this contract or these terms and conditions shall be binding on Mongoose Metrics unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of Mongoose Metrics.

2. TERM. The term of this Agreement ("Term") begins on the date that End User purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User ("Plan"). Subsequent terms of this Agreement automatically renew on a monthly basis without further action by End User unless End User gives Mongoose Metrics written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given. End User is purchasing the Service for full monthly terms, meaning that if End User attempts to terminate Service prior to the end of a monthly term, End User will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of the Services does not excuse the End User from paying all unpaid, accrued charges due in relation to the Agreement hereunder. If End User chooses to cancel the service before the end of the current Term, Disconnection Fees may apply as set forth below.

3. 911. The Federal Communications Commission (FCC) does not require that Mongoose Metrics provide E911 Service to End Users who use Mongoose Metrics services within the United States. 

4. EQUIPMENT. Mongoose Metrics does not provide any equipment to the End User for use with the service.

5. BILLING, CHARGES AND PAYMENT.

5.1. PAYMENT. Upon purchase of the Service, End User must provide Mongoose Metrics with a valid credit card number from an issuer that is accepted by Mongoose Metrics. End User authorizes Mongoose Metrics to charge the credit card number provided by End User ("Credit Card") for all charges arising from End User's use of the Services. End User agrees to notify Mongoose Metrics of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. Mongoose Metrics shall not be responsible for any charges made by the Credit Card issuer to End User's Credit Card account for exceeding credit limit, insufficient funds or other reasons.

5.2. CREDIT TERMS. All Services provided to End User and covered by the Agreement shall at all times be subject to credit approval or review by Mongoose Metrics. End User will provide such credit information or assurance as is requested by Mongoose Metrics at any time. Mongoose Metrics, in its sole discretion and judgment, may discontinue credit at any time without notice or require a deposit.

5.3. BILLING. Mongoose Metrics will provide End User with a monthly on-line billing statement for the Services and bill all charges invoiced to End User's account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed subsequent to the end of each month's service. Billing for monthly service fees commences upon purchase of the Services on the web site, and the first month's monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.

5.4. LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, Mongoose Metrics may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by Mongoose Metrics. If charges cannot be processed to the Credit Card and the End User’s account is suspended, End User will be charged a fee of ten dollars ($10.00) to activate the account.  No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.

5.5. TAXES. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides Mongoose Metrics with an appropriate exemption certificate. If any amounts paid for the Services by End User are refunded by Mongoose Metrics, applicable taxes may not be refundable.

5.6. RATE CHANGES. Mongoose Metrics may change the prices for the Services and toll charges from time to time. Mongoose Metrics may change prices, plans, taxes or fees without any advance notice. In the event of a change in prices or toll charges, Mongoose Metrics will post such changed rates to the web site currently located at http://www.mongoosemetrics.com. International toll calling rates are updated monthly on the first of each month and no other notice shall be provided for changes to international toll calling rates.

5.7. CREDITS. End User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.

5.8. DISCOUNTS. From time to time in its sole discretion, Mongoose Metrics may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.

5.9. BILLING DISPUTES. End User must dispute any charges for the Services in writing within thirty (30) days of the date of the charge by Mongoose Metrics or End User waives any objection and further recourse. Written statements disputing charges must be sent to:

Billing Department
Mongoose Metrics, LLC.

4500 Rockside Rd Suite 120
Independence, Ohio 44131

-or- claims@mongoosemetrics.com

5.10. PROMOTIONAL CREDITS. To take advantage of any free promotional credits, signed-up accounts must place a valid credit card on file. Your credit card will not be charged in order to receive the free credits.

6. CHARGES. Every call to a Mongoose Metrics phone number will be charged to the End User’s account at the time of successful call connection. This call charge will be deducted from the End User’s prepaid balance.

7. TELEPHONE NUMBER. Any telephone number provided by Mongoose Metrics ("Number") to the End User shall be leased and not sold. Mongoose Metrics retains sole ownership of any telephone number provider to an End User. An End User is not to use the Number with any other device or service other than the Mongoose Metrics service without the express written permission of Mongoose Metrics. Mongoose Metrics reserves the right to change, cancel or move the Number at its sole discretion.

8. PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of Mongoose Metrics or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services at the sole discretion of Mongoose Metrics. End User understands that neither Mongoose Metrics nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of Mongoose Metrics.

9. CHANGES TO THE AGREEMENT, SERVICES OR PLAN. Mongoose Metrics reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan (a "Change of Service"). In the event of a Change of Service, Mongoose Metrics will post to the Web Site currently located at http://www.mongoosemetrics.com.
Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site ("Change Date"), and no additional notice will be required. If End User does not send Mongoose Metrics notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. The Plan change will take effect in the first month after the Plan is changed.  In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply.

10. TERMINATION. End User agrees to provide Mongoose Metrics with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Mongoose Metrics. Mongoose Metrics reserves the right, at its sole discretion, to suspend, terminate or change the Services without advance notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, Mongoose Metrics, Mongoose Metrics's network or other End Users' use of the Services. Mongoose Metrics reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Mongoose Metrics's determination is final and binding on End User. Mongoose Metrics may require an activation fee to change or resume a terminated or suspended account.

11. PRIVACY. Mongoose Metrics is committed to respecting an End User's privacy. Once an End User chooses to provide personally identifiable information, it will only be used in the context of the End User's relationship with Mongoose Metrics. Mongoose Metrics will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User's prior permission is obtained, Mongoose Metrics will only share the personal data End User provides with other Mongoose Metrics entities and/or business partners that are acting on Mongoose Metrics's behalf to complete the activities described herein. Such Mongoose Metrics entities and/or national or international business partners are governed by Mongoose Metrics's privacy policies with respect to the use of this data. Mongoose Metrics is required to file numerous reports with different administrative bodies. As such, Mongoose Metrics may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Mongoose Metrics reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Mongoose Metrics or any company affiliated with Mongoose Metrics. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Mongoose Metrics may disclose personally identifiable information.

12. TECHNICAL SUPPORT. Mongoose Metrics provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.

13. BREACH. In the event of End User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse Mongoose Metrics for all attorney, court, collection and other costs incurred by Mongoose Metrics in the enforcement of Mongoose Metrics's rights hereunder and Mongoose Metrics may keep any deposits or other payments made by End User.

14. INDEMNIFICATION. End User agrees to defend, indemnify and hold Mongoose Metrics, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.

15. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Mongoose Metrics OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF LIFE, INJURY, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF Mongoose Metrics OR ITS VENDORS OR OTHERWISE.

16. WARRANTY AND LIABILITY LIMITATIONS. Mongoose Metrics MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Mongoose Metrics NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Mongoose Metrics'S OR END USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Mongoose Metrics'S OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST Mongoose Metrics MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Mongoose Metrics HAS NO LIABILITY THEREAFTER. Mongoose Metrics'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Mongoose Metrics MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN Mongoose Metrics. IN NO EVENT SHALL Mongoose Metrics'S TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO Mongoose Metrics IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.

17. EXPORT COMPLIANCE. End User agrees to comply with U. S. export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.

18. PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End User by Mongoose Metrics or its vendors.

19. SOFTWARE COPYRIGHT. Any software used by Mongoose Metrics to provide the Services and any software provided to End User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End User may not copy the software or any portion of it.

20. SURVIVAL. The provisions of section 3, 5, 12, 13, 14, 15, 16, 21 and 23 shall survive any termination of the Agreement.

21. NOTICES. Mongoose Metrics communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User ("Email Address"). End User is responsible for notifying Mongoose Metrics of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.

22. FORCE MAJEURE. Mongoose Metrics shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Mongoose Metrics as may occur in spite of Mongoose Metrics's best efforts.

23. GOVERNING LAW / RESOLUTION OF DISPUTES.

23.1. Mandatory Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, END USER AND Mongoose Metrics WILL ARBITRATE ANY DISPUTES OR CLAIMS IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO END USER, INCLUDING ANY BILLING DISPUTES (“CLAIM”).  CLAIMS SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires End User to arbitrate claims against other parties relating to Services or Products provided or billed to End User if Claims are asserted against Mongoose Metrics in the same proceeding.  ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED COMMERCIAL ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations.  End User will pay the published share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”). End User and Mongoose Metrics agree to bear their own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses.  The AAA Supplemental Procedures for Consumer-Related Disputes provide that unless a hearing is requested, disputes will be resolved based on written submissions and no personal appearance is required.  If End User requests an arbitration hearing, that hearing will take place either telephonically or in Cleveland, Ohio.

23.2. Prefiling Notice of Claim. BEFORE INSTITUTING ARBITRATION OR SUIT, END USER AGREES TO PROVIDE Mongoose Metrics WITH AN OPPORTUNITY TO RESOLVE THE CLAIM BY SENDING A WRITTEN DESCRIPTION OF THE CLAIM TO Mongoose Metrics AT THE ADDRESS BELOW.   IF Mongoose Metrics IS NOT ABLE TO RESOLVE THE CLAIM WITHIN 30 DAYS OF RECEIPT OF NOTICE, THEN END USER OR Mongoose Metrics MAY INITIATE ARBITRATION OR SUIT AS DESCRIBED IN SECTION 28.1. All claim notices should be sent to:

Director of Customer Service
Mongoose Metrics, LLC.
441 W. Bagley Road, Suite 340

Berea, OH 44017

 -or- claims@mongoosemetrics.com

23.3. Governing Law. The Agreement and the relationship between End User and Mongoose Metrics shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 28.1, End User and Mongoose Metrics agree to submit to the personal and exclusive jurisdiction of the courts within the state of Ohio, to the extent possible in Cuyahoga County, and waive any objection as to venue or inconvenient forum. The failure of Mongoose Metrics to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

24. ENTIRE AGREEMENT. The terms and conditions of this Agreement, along with the rates posted to the web site currently located at http://www.mongoosemetrics.com, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of Mongoose Metrics and End User.

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