Terms and conditions: FORTRESS SIM CARD (Without ACT Fast Code) ®

1. Parties. In this Agreement, “we,” “us,” “our”, and “Fortress” refer to Fortress Secure Solutions, LLC d/b/a Fortress Security Store; “you,” “your,” “customer,” and “user” refer to an account holder or user of the Service; “Device” or “Devices” means any device, accessory, or other product that we provide you, sell you, or that is active on your account in connection with or related to the Service. For any questions, please call Customer Service at 1-206-981-5371.
2. General. This Agreement is the contract under which we provide and you accept the Fortress SIM Card® all our Services or Devices, including but not limited to your prepaid Services. This Agreement hereby incorporates by reference the terms associated with the Device or Service you select and all additional or updated terms at fortresssecuritystore.com. YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO, OR IN ANY WAY USE, THE FORTRESS SIM CARD® AND/OR THE DEVICES AND/OR THE SERVICE, (B) PAY FOR ANY DEVICE AND/OR THE SERVICE, OR (C) ACCEPT THE FORTRESS SIM CARD® AND/OR ANY DEVICE AND/OR SERVICE THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERMS IN THIS AGREEMENT, DO NOT USE THE SERVICE.
3. Fortress SIM Card®. The Fortress SIM Card® has been specifically designed by Fortress Security Store for use with Fortress Security Alarm Systems. It is the only SIM Card recommended for use with these devices. USE OF OTHER SIM CARDS WITH THESE DEVICES IS NOT RECOMMENDED AND MAY VOID THE WARRANTY. You acknowledge and agree that in the event that the Fortress SIM Card® is not used with these devices and another supplier’s SIM Card is utilized, we are not responsible for or liable for any damages arising out of or in connection with (1) use of other SIM card(s); (2) delays in service or discontinuation of service in connection with or relating to the use of such other SIM card(s); (3) malfunctions in connection with or relating to the use of such other SIM card(s); (4) dropped, blocked and/or interrupted calls/texts/messages in connection with or related to the use of such other SIM card(s); and/or (5) any other damages of any kind and description in connection with or related to the use of such other SIM cards. We do not provide any support and/or customer services in connection with such other SIM cards. You acknowledge the use of such other SIM cards may cause damage to your device and may void our warranty.
4. Obtaining a Fortress SIM Card®/No resale. A Fortress SIM Card® may be purchased exclusively on our website at www.fortresssecuritystore.com. There are no other authorized vendors of the Fortress SIM Card®. You may not resell or lease the Fortress SIM Card® and/or our devices and/or services to anyone without our prior written approval. You acknowledge that in the event that you resell, attempt to resell or assist and/or authorize another to resell or attempt to resell the Fortress SIM Card® and/or our devices and/or services we will suffer irreparable harm and we will be entitled, in addition to all other remedies in equity or under the law, to seek and obtain immediate injunctive relief in a court of competent jurisdiction.
5. Use of the Fortress SIM Card®. Our Devices and Service are for personal use in the U.S. only. You agree not to use our Devices or Services in any unlawful, fraudulent, or abusive manner. We may, without notice, limit, suspend, or end your Service as follows: if you (a) breach this Agreement, (b) make a misrepresentation to us, (c) “spam” or abusively message or call, (d) modify your Device from its manufacturer's specifications, (e) use the Services in a way that adversely affects our network or other customers, (f) allow anyone to tamper with your Device, or (g) harass our employees or agents. We may terminate your Services at any time by providing you prior notice, and we may terminate your service at any time without notice for any conduct that we believe violates this Agreement. We may also temporarily limit your access to the Services for any operational or governmental reason. We are not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
6.  Activating Fortress SIM Card®. Upon receipt of the Fortress SIM Card®, you must activate your Fortress SIM Card® within thirty (30) days. Should you have any difficulty in doing so, please contact Customer Service.
7. Account Authorization. You authorize us to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to our use of regular mail, autodialing equipment, email, text messaging or other reasonable means to contact you to inform you of our services or other matters we believe may be of interest to you.
8.  Lost or Stolen Fortress SIM Card®. Upon your acceptance of your Fortress SIM Card ®, all risk of loss, damage, theft, or destruction of your Fortress SIM Card ® is borne by you. Call Customer Service immediately if your Fortress SIM Card ® is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss. Once you notify us, we will suspend your Service. We will not credit or refund any account balance as a result of loss or theft of your Fortress SIM Card ®. You agree to cooperate with us in investigating suspected unlawful or fraudulent use.
9.  Coverage. Coverage is not available everywhere. There are gaps in our coverage that, along with circumstances beyond our control (e.g. network capacity, interference from buildings and other structures, terrain and weather), may impact availability and quality of our Services and/or your use of the Fortress SIM Card®.
10. Refunds and Returns. Account balances are not refundable, transferable, or redeemable for cash or credit. To the fullest extent permitted by law, Fortress SIM Cards ® are sold “as is” with no manufacturer warranty. A Fortress SIM Card ® purchased on fortresssecuritystore.com is subject to Fortress’s 30-day return policy found at fortresssecuritystore.com.
11. Your Fortress SIM Card ® and Number. Except for any legal right you may have to port/transfer your phone number to another carrier, you do not have any rights in any personal identification number or identifier we assign you. We will notify you if we decide to change or reassign them. If your account is deactivated, your phone number may be reassigned.
12. Transferring/Porting Your Number. You must have an active Fortress account to transfer, or “port,” your phone number. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we will treat it as notice from you to terminate our Service for that number upon successful completion of porting. If you port your number away from us, the terms of this Agreement still apply. You will not be able to transfer any unused balance on your account to your new service. After the porting is completed, you will not be able to use our Services for that number. We do not guarantee that number transfers from us will be successful.
13. Charges (General Terms and Conditions). You agree to have your prepaid account debited for all usage and other charges associated with your Device, even if you were not the user of, and did not authorize, its use. Charges include, without limitation, monthly recurring access charges, charges based on actual usage and all applicable taxes and regulatory fees. You agree that we may deduct from your account balance all federal, state and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Service we provide you. All plans, rates and fees are subject to change without notice. For current charges and fees, call Customer Service or visit fortresssecuritystore.com.
14. Initial Charges. In order to obtain a Fortress SIM Card®, you must provide us a valid credit card (“credit card”) which will be debited by us for your initial charges and all automatic and recurring charges. At the time of purchase of the Fortress SIM Card® you will be charged $7.99 for the first full month of service plus 27 cents for each day of the current month remaining at the time of purchase and a one-time activation fee of $9.99. Service months run from the 10^th day of each calendar month to the 9^th day of the following calendar month. Residents of the State of Washington will be charged applicable Washington state sales tax.
15. Minutes and Call Time. Every 30 day period of use of the Fortress SIM Card® you will be entitled to 100 minutes of call time. Call times are measured in whole minutes and rounded up to the nearest minute. Each text that you receive utilizing the Fortress SIM Card® will constitute one minute of call time. Minutes cannot be rolled over to the next 30 day period. You will be charged an additional 8 cents (.08) per minute for each minute over 100 minutes in a given 30 day period (“Overage Charges”).
16. Automatic Renewal and Reoccurring Charges. Following the initial purchase of the Fortress SIM Card®, your credit card will be automatically debited an additional $7.99  (plus any Overage Charges from the previous 30 day period) on the 10th day of each month after the first full month following the initial activation until your Fortress SIM Card® is canceled as set forth herein. Each time that Overage minutes reach 100 in any given 30 day period, your credit card will be automatically debited an additional $7.99 on the day that the Overage minutes reach 100. If you wish to change your credit card on file with us, please contact Customer Support at the number set forth above. In the event that your credit card is declined on the date of debit your service will be terminated. You will thereafter receive an e-mail notification indicating that the Fortress SIM Card® is inactive.
17. Notice of Termination. You may terminate this service with or without cause by notifying us in writing at Support@FortressSecurityStore.com at least 10 days prior to the next date set for automatic renewal of your account as set forth above. We may terminate services under this Agreement with or without cause by written notice to you at your e-mail address on file with us at least 10 days prior to the next date set for automatic renewal of your account as set forth in above. Following notice of termination your service will terminate at 11:59 PM EST on the day prior to the automatic renewal date.
18.  Email Notification. You are responsible for maintaining a current email address and for reading emails from us so that we can notify you of updates to service and any customer account information.
19. Billing Information. We do not send invoices to our customers. You are responsible for keeping record of all payments and renewal dates.
20. Billing Disputes. You must notify us by e-mail of any disputed charges within thirty (30) days of the disputed charge. We will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent that we determine, in our sole discretion, that a billing adjustment is warranted, your account will be credited accordingly. If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.
21. Ownership of Fortress SIM Card®. We recognize the person whose name is listed on the account as the sole owner of the Fortress SIM Card®, even where payment on the account is made by a third party.
22. Limitation of Liability. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY, (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.), (C) ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES, OR RELATED ACCESSORIES, OR (D) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE. YOU ALSO AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES.
23. No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR DEVICE. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE ISSUES.
24. Arbitration. All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Walla Walla, Washington. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.
25. Modifications/Amendments. This Agreement may be modified or amended by us at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and Conditions." YOUR CONTINUED USE OF YOUR FORTRESS SIM CARD® AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.
26. Trademarks. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Fortress Secure Solutions, LLC. (collectively "Marks"), including but not limited to "Fortress SIM Card®” and “Fortress Security Store” are and shall remain the exclusive property of Fortress Secure Solutions, LLC. and nothing in this Agreement shall grant you the license to use such Marks without the express written permission of Fortress Secure Solutions, LLC. Fortress Secure Solutions, LLC. retains ownership and all rights to the Fortress SIM Card®, Fortress Secure Solutions and Fortress Security Store name, logo, software, databases, reports, website, and information. Fortress Secure Solutions, LLC. reserves the right to restrict the use of its trade names, system, logo, software, lists, databases, reports, and any information created or obtained by Fortress Secure Solutions, LLC.
27. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will continue in full force and effect.
28. Integration. This Agreement, together with any written amendments or modifications, constitutes the entire agreement between you and us with respect to the Fortress SIM Card® and/or the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and us.
29. Governing Law. This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of Washington, U.S.A., without giving effect to its conflicts of laws principles.
30. Miscellaneous.All communications and notices to be made or given pursuant to this Agreement shall be in the English language. A waiver of, or failure to enforce, any part of this Agreement in one instance is not a waiver of any other part or instance. Section headings are for descriptive, non-interpretive purposes only. You may not transfer or assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement, or your debts to us, without notice. Notices are considered delivered when we send them to any e-mail or fax number you have provided to us, 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website. If there is a conflict between this Agreement and statements by any sales or service representatives, this Agreement controls. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except Fortress’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest.