These Terms and Conditions apply to any product (the “Product”) that you purchase directly from RAZ Mobility, LLC (“RAZ Mobility”).
You may cancel your order, and receive a full refund, if your Product has not yet been shipped by RAZ Mobility to the shipping address. After the Product has shipped, the Return Policy applies.
RAZ Mobility reserves the right to refuse to fulfill an order for any reason. RAZ Mobility may not fulfill orders that include a “ship to” address outside of the United States or Canada.
RAZ Mobility does not guarantee that your order will be delivered to the designated address within any specific period of time. The shipping speed provided on the RAZ Mobility website or by RAZ Mobility staff is an estimate. Shipping speeds will vary depending on a number of factors, including inventory availability and the shipping address.
Risk of loss for shipments from RAZ Mobility to the customer’s shipping address shall pass to the customer after the shipping carrier indicates that the order has been delivered to the shipping address and any person at that address (including family members, friends or guests) have signed for the order.
Risk of loss for shipments from the customer to RAZ Mobility (such as in the case of returns, repairs or warranty claims), shall pass to RAZ Mobility after the shipping carrier indicates that the shipment has been delivered to RAZ Mobility’s correct address. Except that in cases where RAZ Mobility provides the shipping label, and you use that shipping label, the risk of loss transfers to RAZ Mobility as soon as you provide the package to the shipping carrier.
If your Product is damaged and the damage is not covered under the RAZ Mobility Warranty Policy, you must ship the Product back to the following address:
1934 Old Gallows Road, Suite 350
Tysons Corner, VA 22182
You must include in the package (i) the Product you wish repaired, (ii) your name, (iii) a contact phone number, (iv) email address, if available, and (v) a brief description of the damage you have experienced. After diagnosing the Product, a customer service representative will contact you and inform you of whether the Product can be repaired, provide you with the cost of the repair (the “Repair Fee”) and obtain your authorization to proceed with the repair. If repair is not possible, RAZ Mobility will provide you with the cost of a replacement and request your authorization to proceed with replacement. In either case, RAZ Mobility will charge your credit card the quoted amount, and ship your repaired or replacement Product to the address you provided. In the event that your Product is replaced, your original Product will become the property of RAZ Mobility.
Repair or replacement services include the following fees:
RAZ Mobility provides repair or Warranty services without an obligation to ensure that any personal or other confidential information on the device is kept confidential. You are responsible for backing up (to the extent possible) and deleting all such information on your device before sending it to RAZ Mobility, and assume all risk in failing to do so. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAZ MOBILITY WILL NOT BE LIABLE FOR ANY LOSS OR INJURY IN CONNECTION WITH INFORMATION STORED ON YOUR PRODUCT OR TO WHICH YOUR PRODUCT MAY GAIN ACCESS, INCLUDING UNAUTHORIZED DISCLOSURE OR MISUSE OF SUCH INFORMATION. RAZ Mobility reserves the right to delete all information left on Products in our possession without liability to you. Further, Products returned to you after repair or replacement may not contain the personal and confidential information that was contained on the Product when it was first received by RAZ Mobility. RAZ MOBILITY WILL NOT BE LIABLE FOR ANY LOSS OR INJURY IN CONNECTION WITH INFORMATION THAT WAS STORED ON YOUR DEVICE AND DELETED WHILE IN RAZ MOBILITY’S POSSESSION.
Your Lucia phone is a 3G phone. RAZ Mobility warrants that at the time of purchase your Lucia Phone will work on the 3G networks of AT&T or T-Mobile in the United States with a wireless service that is purchased separately. However, RAZ Mobility does not guarantee that the 3G networks will be available for a specific time duration and is not in any way responsible or liable if either of these two companies no longer makes these networks available. AT&T and/or T-Mobile operate these networks and can cease operating them at any time without consulting with, or seeking the approval of, RAZ Mobility. RAZ Mobility does not make any guarantees of any kind with respect to the quality of service or coverage offered by AT&T, T-Mobile or any other wireless provider.
The RAZ Memory Cell Phone is a 4G phone that will work on the 3G and 4G networks of AT&T or T-Mobile in the United States with a wireless service that is purchased separately.
The Products do not guarantee your safety. We make no claim that the Products will work effectively in case of an emergency. The Products are not a replacement for any current emergency, automated emergency or other emergency system, hardware or software. RAZ Mobility is not responsible whatsoever for any damages, whether to the body or to property, that result from the fact that the Product did not work properly during an emergency.
RAZ Mobility’s trademarks may not be used in connection with any product or service that is not RAZ Mobility’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RAZ Mobility. Further, you may not alter, obscure, or render unclear any trademark, logo, or other notice that indicates the rights of RAZ Mobility with respect to any trademark, whether built into, printed on packaging or promotional material, published online, or otherwise.
By purchasing from RAZ Mobility, you agree to our return policy posted on www.razmobility.com, and which is incorporated within these Terms and Conditions by reference.
By purchasing from RAZ Mobility, you agree to our Warranty Policy posted on www.razmobility.com, and which is incorporated within these Terms and Conditions by reference.
Any dispute or claim relating in any way to your purchase or use of any Product will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to RAZ Mobility, 1934 Old Gallows Road, Suite 350, Tysons Corner, VA 22182. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. RAZ Mobility will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration wwe each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THE LIMITATIONS OF LIABILITY CONTANED WITHIN THIS SECTION IN NO WAY DIMINISH OR NULLIFY LIMITATIONS OF LIABILITY CONTAINED WITHIN OTHER PROVISIONS OF THESE TERMS AND CONDITIONS.
IF YOUR STATE OR PROVINCE DOES NOT ALLOW LIMITATIONS TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, SUCH LIMITATIONS DO NOT APPLY TO YOU.
SOME CANADIAN PROVINCES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By purchasing Products, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and RAZ Mobility.
This policy applies to personally identifiable information (“personal information”), which is information that we directly associate with a specific person or entity (for example, name; addresses; telephone numbers; and social security number). Personal information does not include “anonymous” or “aggregate: information – neither of which are associated with a specific person or entity.
We collect personal information about you when you buy our products, services or otherwise interact with us. Such information includes:
Information you provide. We collect personal information when you purchase products and use our services, and when you e-mail, call, or otherwise communicate with us. For example, we may collect personal contact, billing, and credit information when you purchase a mobile device from us or subscribe to Red Pocket Mobile service. We may also collect personal information when you call or e-mail our customer service representatives, enter information on our Web sites, submit survey responses or pay for service. If you provide personal information to us in connection with a co-sponsored Web site, this policy will apply to our use of the information and the co-sponsor’s policy will apply to their use of the information. If you purchase the RAZ Memory Phone, we will have information on the contact names and numbers that are entered into the care giver portal, other information that is entered into the portal and user location information.
Information automatically collected. We automatically collect certain information, some of which may be associated with personal information, whenever you use our Web site. Information from other sources. We may also obtain personal information about you from other sources. For example, we may obtain updated address information from our shippers or other vendors. We may also purchase personal information (for example, e-mail lists, postal mail lists, demographic and marketing data) from others
Use of Personal Information
We use personal information for a variety of business purposes, including for example, to complete transactions and bill for products and services; allow you to manage your RAZ Memory Phone (if this is what you have purchased) verify your identity; respond to your requests for service or assistance; anticipate and resolve actual and potential problems with our products and services; create and improve products and services; suggest additional or different products or services; collect for our products or services; make internal business decisions about current and future offers; provide personalized service and user experiences; protect our rights and property; and contact you about other products or services offered by RAZ Mobility. We may disclose personal information to personnel employed by our parent or affiliated companies in order to further any business purposes, including those described in this policy.
We may contact you by telephone, postal mail, e-mail or other methods. You may opt-out of receiving marketing communications from us at any time as outlined below in the section titled Customer Control.
Disclosure of Personal Information
Other than as described below, we do not sell, rent, or otherwise provide your personal information without your consent, to unaffiliated third-parties to market their services or products to you:
We may disclose personal information about you to third-parties with your consent. We may obtain your consent in several ways, such as in writing; online, through “click-through” agreements; orally, including through interactive voice response; or when your consent is part of this policy or the terms and conditions pursuant to which we provide you products or service. Your consent is sometimes implicit. For example, if you purchase a product and ask that it be shipped to your home, you implicitly consent to our disclosure of your name and address to a third-party shipping company to complete delivery.
If a business, governmental agency, or other individual obtains products or service for you, that entity or individual is our customer, and we may provide personal information about you or your use of the products or service to them or others at the direction of the account holder.
We may disclose personal information to third-parties performing services on our behalf (for example, companies who complete transactions and perform credit checks, billing, credit and debit card payment processing, shipping, customer service, and marketing).
We may disclose personal information about you to Red Pocket Mobile if you apply for their wireless service through RAZ Mobility.
We may disclose personal information as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information could be transferred to third-parties as a business asset in the transaction.
We may disclose personal information or communications where we believe in good faith such disclosure is necessary to comply with the law or respond to legal process (for example, lawful subpoena, court order, E-9-1-1 information); to enforce or apply agreements, the Terms and Conditions of this policy; to initiate, render, bill, and collect for services and products; to protect our rights or property; in connection with claims, disputes, or litigation; to protect users of our services and other carriers or providers from fraudulent, abusive, or unlawful use of, or subscription to, such services; to facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government; or if we determine disclosure is necessary in an emergency situation.
We want to provide you with meaningful choices regarding our marketing communications and you may choose to limit or opt-out of certain communications from RAZ Mobility at any time. While you may elect not to receive marketing information from us, if you subscribe to our services or buy our products, you will continue to receive invoices, customer-service and transactional notices, and similar communications. You can stop email marketing messages by “unsubscribing” as instructed in the email. You can stop telemarketing calls by asking that your telephone number be removed from our telemarketing lists when we call you.
Cookies, Web Beacons, and Similar Technologies
Customer Service Monitoring
We may monitor and record phone calls, e-mails, or other communications between you and our Customer Service representatives or other employees for training and quality assurance purposes and to review specific transaction requests.
Forums and Chat Rooms
If you use or link to a public forum, bulletin board, chat room, or social network on or from a RAZ Mobility Web site, be aware that any personal information you submit can be read, collected, or used by other users of these forums, including to send you unsolicited messages. We are not responsible for access to or use of personal information you choose to submit or share with others.
Other Governing Terms
This policy does not modify or alter any applicable agreement you have with RAZ Mobility. If you use or subscribe to our products and services, our RAZ Mobility Terms and Conditions and certain other terms may apply to your use, purchase, or subscription. If this policy conflicts with any portion of those terms and agreements, those terms and agreements govern to the extent of the inconsistency.
Changes to This Policy
We may update this policy if we materially change our practices or if legal or regulatory changes require it. If we decide to use or disclose personal information in a way that is materially different from that which was stated in this policy at the time the personal information was collected, we will notify you by posting notice of the change on our Web site’s home page for at least 30 days before we implement that change. You should refer to this policy often for the latest information and the effective date of any changes.
How to Contact Us
If you have any questions or comments about this policy or about RAZ Mobility’s privacy practices, please contact us at 1-800-729-0083. You may also direct your privacy-related comments or questions to the address below:
1934 Old Gallows Road, Suite 350
Tysons Corner, VA 22182
This limited warranty is provided by RAZ Mobility, LLC (“RAZ Mobility”) to you as the original purchaser of any product that you purchase directly from RAZ Mobility or the original purchaser of the Lucia phone or any associated accessory that you purchased from a RAZ Mobility approved Partner (the “Products”). The list of approved RAZ Mobility Partners is provided at the end of this warranty policy
This limited warranty does not cover mobile wireless service provided by Red Pocket Mobile or other wireless providers and purchased through the RAZ Mobility website or the RAZ Mobility customer service center. Any problems that you may have with wireless service must be addressed with Red Pocket Mobile (1-888-993-3888) or other wireless providers. RAZ Mobility is not liable for any damages (direct or indirect) that you may experience as a result of service provided to you by Red Pocket Mobile.
RAZ Mobility warrants the Product to you against defects in materials or workmanship under ordinary consumer use for one year from the date of your original retail purchase from us. Ordinary consumer use does not include damage caused by accident, abuse, drops, misuse, fire, liquid contact, earthquake or other external causes. It also does not include damage caused by normal wear and tear or otherwise due to the normal aging of the Product. RAZ Mobility does not warrant that the operation of the Product will be uninterrupted or error free. If you have your Product fixed by anyone or any company other than RAZ Mobility this warranty is void.
This limited warranty applies only to Products purchased within the United States and Canada (the “Territory”). Replacement and repaired Products or parts will be shipped only to addresses within the Territory, and refunds will only be credited to accounts located within the Territory.
If the Product proves defective during the warranty period, and you follow the instructions that we provide to you for returning the Product, we will, at our option, take one of the following actions: (i) replace the Product with either a new or a refurbished Product that is the same or similar to the Product you purchased; (ii) repair the Product using either new or refurbished parts; or (iii) refund to you the purchase price of the Product. RAZ Mobility does not guarantee that any of these three actions will occur within a specific period of time. Generally, however, you can expect it to take approximately seven days from the day that we receive the Product.
There is no assurance, representation or warranty that any replacement Product will be identical to or will offer the same functionalities as the product returned to us. Technological advances and Product availability may result in your receiving a replacement Product with a lower selling price than the original Product you purchased. In all cases, Product comparability will be determined by us at our sole discretion.
This limited warranty also applies to any replacement product or part for the remainder of the original warranty period or for 90 days from the shipment to you, whichever period is longer. All Products or parts that you return to us, and for which we provide you a refund or replacement, will become our property upon receipt.
In order to obtain warranty service, you must provide proof that you purchased the product from RAZ Mobility or an approved RAZ Mobility partner.
To benefit from this Warranty Policy, you must first call RAZ Mobility at 800-729-0083. We will email you a pre-paid shipping label and ask for a credit card authorization equal in value to the cost of shipping the Product to RAZ Mobility. If, after evaluating the Product, we determine in our sole discretion that the Product is covered by this Warranty Policy, we will cancel the credit card authorization. On the other hand, if we conclude that the Product is ineligible for coverage, we will charge your credit card for the authorized amount. Products that are not covered by the Warranty Policy may still repaired at your expense.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAZ MOBILITY SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ALL WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND RAZ MOBILITY DOES NOT WARRANT THAT THE OPERATION OF ANY PRODUCTS OR SOFTWARE COVERED UNDER THIS LIMITED WARRANTY WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE APPLICATIONS OR THIRD PARTY SERVICES, BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT RISK TO, OR LOSS OF, ANY INFORMATION, DATA, SOFTWARE OR APPLICATIONS CONTAINED THEREIN, OR THAT DEFECTS IN THE PRODUCTS OR SOFTWARE WILL BE CORRECTED. WHERE SUCH STATUTORY OR IMPLIED WARRANTIES CANNOT LAWFULLY BE DISCLAIMED, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY CONTAINED HEREIN AND THE REMEDIES OF REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY RAZ MOBILITY IN ITS SOLE DISCRETION SHALL BE THE EXCLUSIVE REMEDY OF THE CONSUMER. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY RAZ MOBILITY OR ANY SELLER, RESELLER OR DISTRIBUTOR OF THE PRODUCTS, INCLUDING EMPLOYEES AND AGENTS THEREOF, SHALL CREATE ANY ADDITIONAL WARRANTY OBLIGATIONS, INCREASE THE SCOPE, OR OTHERWISE MODIFY IN ANY MANNER THE TERMS OF THIS LIMITED WARRANTY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAZ MOBILITY SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER OTHER LEGAL THEORY (INCLUDING NEGLIGENCE), FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS; LOSS OF BUSINESS; BUSINESS INTERRUPTION; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS OR SERVICES PROVIDED UNDER THIS LIMITED WARRANTY. BY MAKING A CLAIM UNDER THIS LIMITED WARRANTY YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE ABOVE DISCLAIMERS OF LIABILITY.
SOME STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OR LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, OR THE LIMITATION OR EXCLUSION OF DAMAGES FOR PERSONAL INJURIES CAUSED BY NEGLIGENCE, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE OR JURISDICTION.
Approved RAZ Mobility Partners
RAZ Mobility is confident that you’re going to love your phone and accessories, but just in case, we make returns simple. All phones and accessories sold by RAZ Mobility can be returned for a refund within 20 calendar days of the date that you received your order. During this 20-day period you may return your phone and accessories for any reason, as long as:
You cannot return accessories alone, pursuant to this policy. In other word, you cannot decide to keep the phone but return the accessories (unless the accessory has a manufacturer’s defect covered by the Warranty). However, if you return the phone, you may also return the accessories that you purchased.
You will receive a full refund for the returned phone and accessories (if applicable) minus a $25.00 restocking fee. Shipping and Handling cost are not refundable.
Please return your phone and accessories (if applicable) to:
1934 Old Gallows Road, Suite 350
Tysons Corner, VA 22182.
You are responsible for the shipping cost.
If you have any questions, please call customer support at 1-800-729-0083.