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VOIP

VOIP – Terms and Conditions


I. THE AGREEMENT
These Terms and Conditions constitute the agreement (the “Agreement”) between Gear 3 Technologies
(“Gear 3,” us, or we) and the user (“you,” “your,” “user,” or “Customer”) of the Gear 3 Voice over Internet
Protocol (“VoIP”) communications services and any related products or services (“Service”). For purposes
of the Agreement, “you” means the customer, defined as either (i) the person identified in Gear 3’s
account records as responsible for payment of all charges; or (ii) any other person with actual or apparent
authority to represent that person or to use the Service(s).
BY ENROLLING IN, USING, OR PAYING FOR THE GEAR 3 SERVICES, YOU AGREE TO THE
PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO
THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND
CANCEL THE SERVICES IMMEDIATELY BY CALLING GEAR 3’S ACCOUNT MANAGEMENT
DEPARTMENT AT NUMBER ON THE FIRST PAGE OF YOUR INVOICE FOR FURTHER
DIRECTIONS.
The Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any
other IP connection device (“Device” or “Equipment”) used in conjunction with the Service. By activating
the Service, you acknowledge that you have read and understand, and you agree to, the terms and
conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and
become bound by its terms.
Gear 3 may from time to time change the Terms and Conditions of this Agreement, and the rates and
charges for the Service, by giving notice of the change. Notices will be considered given, and will become
effective prospectively, three days after the date that the change is posted on www.gear3.com or three
days after such change is communicated to you by e-mail. Customers are advised to check
www.gear3.com on a regular basis for changes. The Agreement posted on www.gear3.com supersedes
all previously agreed to electronic and written Terms and Conditions. By continuing to use the Service
after a change has been made to the Agreement or the rates and charges, you accept and agree to all
changes. IF YOU DO NOT ACCEPT OR AGREE TO ANY OF THE CHANGES, YOU MUST TERMINATE
YOUR SERVICE IMMEDIATELY.

For your most current version of the Agreement, or if you have questions about your Service, please visit
our website at www.gear3.com or call Gear 3’s CUSTOMER SERVICE DEPARTMENT at the number
listed on the first page of your invoice.

IN ORDER TO USE GEAR 3 SERVICE, THE CUSTOMER MUST HAVE A HIGH-SPEED INTERNET
SERVICE, BROADBAND OR DSL, WHICH IS NOT A PART OF THIS GEAR 3 VOICE SERVICE BEING
OFFERED. You are responsible for subscribing and paying for your high-speed Internet access in order
to use Gear 3’s Service. The quality of your Gear 3 voice service is highly dependent on the
implementation of your Internet services and your internal network; to obtain the optimal level of voice
service Gear 3 recommends you implement quality of service (QoS). In the event you have call quality
issues and do not have a QoS implementation Gear 3 is available to sell you the necessary equipment
and implement QoS on your network. It is your responsibility to report and resolve any quality and
connectivity issues related to your high-speed Internet connection with your Internet service provider.
II. GEAR 3 EMERGENCY CALLING SERVICE & E911 SERVICE
Pursuant to recent publications by the Federal Communications Commission (“FCC”), Gear 3 is
required to provide E911 services for all of its voice customers in areas in which the Public Safety
Answering Point (or “PSAP”) is equipped to handle E911 calls. Gear 3 has undertaken this
ongoing, nationwide effort through its third-party E911 provider.
While it is Gear3’s responsibility to provide E911 service to all voice customers, it is ultimately
your responsibility to make sure that the E911 information on file is current and accurate;
particularly in instances where phones are relocated to a new location.
All PSAP locations which support E911 are able and willing to test E911 capabilities; we highly
recommend testing this service after installation of new voice services.
A. Non-Availability of Traditional 911 or E911 Dialing Service:
You acknowledge and understand that unless you have been specifically informed otherwise; your
service has E911 capabilities. Furthermore you also acknowledge and understand that by Gear 3 that
E911 service is available at your 911 Service Address (which can be confirmed in your “My Account”
section at www.gear3.com or by calling Gear 3’s Customer Service), the Service will NOT support
traditional 911 or E911 access to emergency services. In such cases, Gear 3 offers a limited Emergency
Calling Service available only on Gear 3 Devices as described herein, but you acknowledge and
understand that such Emergency Calling Service dialing is different in a number of important ways from
traditional 911 services, as described below. Gear 3 Emergency Calling Service dialing is available only
on Gear 3-certified Devices or Equipment. You agree to inform any household residents, guests and
other third persons who may be present at the physical location where you use the Service (i.e., your 911
Service Address) as to the non-availability of traditional 911 or E911 dialing from your Gear 3 Service and
Device(s). If you activate Gear 3 Emergency Calling Service dialing, you agree to inform any household
residents, guests and other third persons who may be present at the physical location where you use the
Service as to the important differences and limitations of Gear 3 Emergency Calling Service dialing as
compared with traditional 911 or E911 dialing, as set forth in this Agreement.
B. Service Outage:
1. Power Outage and outage of 911 Services
You acknowledge and understand that E911 Service dialing do not function without power. Should there
be an interruption in the power supply, the Service and E911 service dialing will not function until power is
restored. A power failure or disruption may require the Customer to reset or reconfigure Equipment before
using the Service, Emergency Calling Service, or E911 service dialing.
2. Broadband Service Outage
You acknowledge and understand that service outages by your broadband provider will prevent, and that
network congestion may slow, ALL Service including E911 service dialing.
3. Other Service Outages
You acknowledge and understand that if there is a Service outage for ANY reason; such outage will
prevent ALL Service, including E911 service dialing. Such outages may occur for a variety of reasons,
including, but not limited to those reasons described elsewhere in this Agreement.
4. Limitation of Liability and Indemnification
You acknowledge and understand that Gear 3’s liability is limited as set forth in Section below, for any
Service outage and/or inability to dial Emergency Calling Service or E911 service from your line or to
access emergency service personnel. You agree to defend, indemnify, and hold harmless Gear 3, its
officers, directors, employees, affiliates and agents and any other service provider who furnishes services
to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages,
fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on
behalf of, Customer or any third party or user of Customer’s Service relating to the (i) absence, failure or
outage of the Service, including Emergency Calling Service or E911 dialing; and/or (ii) inability of
Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access
emergency service personnel.
C. Failure to Designate the Correct Physical Address for E911 and/or Emergency Calling Service Dialing
The address which the Customer provides to Gear 3 is the address that is applied to your Service for
E911 Service dialing (also known as your “911 Service Address”). Should you need to change this
address, you must contact Gear 3 Customer Service immediately to correct this address. It may take up
to three business days to effectuate a change or update of your 911 Service Address so we advise
contacting us before relocating equipment. Failure to provide the current and correct physical address
and location of your Gear 3 Equipment as your 911 Service Address may result in the loss of E911
capability and/or will result in any communication you may make being routed to the wrong local
emergency service provider.
D. Changing Your Primary Phone Number
You acknowledge and understand that if you change your primary Gear 3 phone number you will not be
able to change your 911 Service Address for seventy-two (72) hours. During that time, any E911 or
Emergency Calling Service calls that you may make will be routed using the 911 Service Address that
was in Gear 3’s records before you changed your phone number.
E. Change of Physical Location of Gear 3 Equipment
You acknowledge and understand that E911 and Emergency Calling Service dialing does not function
properly or may not function at all if you take your Equipment with you away from the 911 Service
Address or physical location that you have registered with Gear 3.
F. Requires Re-Activation if You Move
You acknowledge and understand that E911 and Emergency Calling Service dialing will not function
properly or at all if you move or change the physical location of your Gear 3 Equipment to a different
street address, unless and until you have successfully changed your 911 Service Address by contacting
Gear 3 Customer Service to correct your 911 Service address.
G. Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calling Service
You acknowledge and understand that there is a greater possibility of network congestion and/or reduced
speed in the routing of an E911 or Emergency Calling Service communication made using your Gear 3
Equipment as compared to traditional 911 dialing over traditional public telephone networks. You
acknowledge and understand that Emergency Calling Service dialing from your Gear 3 Equipment will be
routed to the general or administrative telephone number for the local emergency service provider, and
will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at
such local provider’s facilities when such calls are routed using traditional 911 dialing. You acknowledge
and understand that there may be a greater possibility that the general or administrative telephone
number for the local emergency service provider will produce a busy signal or will take longer to answer,
or not answered at all, as compared to those 911 calls routed to the 911 dispatcher(s) who are
specifically designated to receive incoming 911 calls using traditional 911 dialing.
H. Alternative Emergency Calling Service Arrangements
You acknowledge that Gear 3 does not offer primary line or lifeline services. You should always have an
alternative means of accessing traditional 911 or E911 services.
III. SERVICE, RATES, TERM AND FEES
A. Rates and Charges for Services
You are responsible for payment of the rates and charges applicable to the voice services delivered or as
later modified from time to time.
B. Service Agreement Term
• There is no Service term applicable to such customers. We will provide our service to you
indefinitely, until the account is cancelled by the customer or by Gear 3 in accordance with the
provisions of these Terms and Conditions (Section VI).
C. Disconnect Fee

30 Days written notice on company letterhead is required to cancel services; therefore, a final bill may be
applicable for services rendered within the 30 day cancellation period.
D. Phone Number Transfer on Service Disconnection
If you wish to cancel your Gear 3 Service and port (i.e., transfer) your current Gear 3 phone number to
another carrier or service provider, it is your responsibility to ensure that your current Gear 3 phone
number has already been successfully ported to your new carrier or service provider prior to requesting
cancellation of your account with Gear 3. CANCELLATION OF YOUR GEAR 3 ACCOUNT PRIOR TO
THAT CONFIRMATION FROM YOUR NEW SERVICE PROVIDER THAT YOUR CURRENT GEAR 3
TELEPHONE NUMBER HAS SUCCESSFULLY PORTED SHALL RESULT IN YOUR INABILITY TO USE
YOUR CURRENT GEAR 3 NUMBER IN THE FUTURE BECAUSE GEAR 3 WILL NOT BE ABLE TO
PORT THAT NUMBER AFTER YOU CANCEL YOUR GEAR 3 SERVICE.

EVEN IF YOU HAVE SWITCHED YOUR SERVICE TO ANOTHER SERVICE PROVIDER, WITH OR
WITHOUT PORTING YOUR CURRENT GEAR 3 PHONE NUMBER, YOU STILL MUST CANCEL THE
GEAR 3 SERVICE BY CALLING THE GEAR 3 ACCOUNT MANAGEMENT DEPARTMENT. UNTIL YOU
FORMALLY CANCEL YOUR GEAR 3 SERVICE, YOU WILL CONTINUE TO BE BILLED (AND
CHARGED ON YOUR CREDIT CARD) FOR THE SERVICE AND YOU WILL BE RESPONSIBLE FOR
PAYING THE BILLED CHARGES IN FULL.
Upon contact from your new provider that you desire to port your telephone number, Gear 3 will use
reasonable efforts to release your Gear 3 telephone number to your new service provider, if such new
service provider is able to accept such number.
E. Use of Service
If you have subscribed to any of Gear 3’s voice services, the Service is provided to you as an end user.
This means that you are not to resell or transfer the Service to any other person for any purpose. You
agree that the Gear 3 voice service to which you have subscribed does not confer the right to use the
Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax
blasting. Gear 3 reserves the right to immediately terminate, modify or offer a transfer to another higher
price Service plan, if Gear 3 determines, in its sole discretion, that Customer’s Service is being used in
violation of this Section.
F. Notice of Rate/Price Changes
As set forth in Section I, Gear 3 may change the rates, prices and charges for the Services at anytime
and such changes will be effective, within one billing cycle of communication to you by e-mail or phone.
Unless the customer cancels the Service in accordance with Section VI below, such changes will
automatically be incorporated by reference into this Agreement. From time to time, Gear 3 may offer new
rate plans and such rate plans may be available to customers upon request by contacting the Support
Department. Customers’ requests to be included in a new rate plan will be effective with the following
billing cycle, and calls made prior to the new effective date will be charged at the previous plan rates.
G. Rounding Policy
For billing purposes, the length of each metered call is rounded up to the next full minute. If the
computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole
cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is
rounded up to the nearest whole cent.
H. Calls to International Destinations
Gear 3’s voice plans include domestic calling only. International calling is available for an additional
monthly fee plus usage. International calling is restricted by default and must be “opt in” by the end user.
Rates for international destinations vary and change frequently and will be billed at the rate which is
current at the time the call is placed. Most calls to international mobile telephones are charged a different
(usually higher) rate than calls to landline telephones. If you have questions about rates to international
destinations or wish to opt in to this service you may contact Customer Service.
I. Use of Service and Device by Customers Outside the United States
Gear 3 does not presently offer or support the Service to customers located in other countries. If you
remove the Device to a country other than the United States and use the Service from there, you do so at
your own risk, including the risk that such activity violates local laws in the country where you do so. You
are liable for any and all use of the Service and/or Device by any person making use of the Service or
Device provided to you. Gear 3 reserves the right to cancel or suspend the Service if it is determined that
the Service is being used outside the United States.
J. Loss of Service Due to Power Failure
The Service does not function without power. Should there be an interruption in the power supply; the
Service will not function until power is restored. A power failure or disruption may require you to reset or
reconfigure Equipment before using the Service. Power disruptions or failures will also prevent dialing to
emergency service numbers including the Emergency Calling Service calling feature.
K. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service (or provided to
Customer in conjunction with providing the Service), or embedded in the Device, and all Services,
information, documents and materials on Gear 3’s website(s) are protected by trademark, copyright or
other intellectual property laws and international treaty provisions. All websites, corporate names, service
marks, trademarks, trade names, logos and domain names (collectively “marks”) of Gear 3 are and shall
remain the exclusive property of Gear 3 and nothing in this Agreement shall grant you the right to license
or to use such marks. You acknowledge and agree that you are not given any license to use the firmware
or software used to provide the Service or provided to Customer in conjunction with providing the Service,
or embedded in the Device, other than a nontransferable, revocable license to use such firmware or
software (without making any modification thereto) strictly in accordance with the terms and conditions of
this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to
use the Service through an interface Device not provided by Gear 3, which Gear 3 reserves the right to
prohibit in particular cases or generally, or are required to use third party software to enable the use of
Gear 3 accessories, like soft phone, you promise that you have acquired, and all times during your use,
possess all of the required rights, including software and/or firmware licenses, to use that interface Device
of third party software with the Service, and you will indemnify and hold harmless Gear 3 against any and
all liability arising out of your use of such interface Device of software with the Service or any of its
accessories.
L. Theft of Service
You agree to notify Gear 3 immediately, in writing, by electronic mail or by calling Gear 3 Customer
Service, if the Device is stolen or if you become aware at any time that your Service is being stolen or
used fraudulently. When you call or write, you must provide your account number and a detailed
description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so promptly
after discovery of the improper use may result in the termination of your Service and additional charges to
you. You will be liable for all use of the Service if your Device is stolen from you and any and all stolen
Service or fraudulent use of the Service. Notwithstanding anything herein to the contrary, credits will not
be issued for charges resulting from fraud that arises out of third parties hacking into your Equipment,
other equipment used by you, or the Internet. This includes, but is not limited to, modem hijacking,
wireless hijacking, or other fraud arising out of a failure of your internal or corporate procedures. Gear 3
will not issue credit for invoiced charges for fraudulent use resulting from your negligent or willful acts or
those of an authorized user of your Service.

M. Service Distinctions
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist
between telephone service and the enhanced Service offering provided by Gear 3. The Service is subject
to different regulatory treatment than phone service. This treatment may limit or otherwise affect your
rights of redress before regulatory agencies.
N. Collect Call and Operator Services
Gear 3 does not offer collect call or operator services via this Service.
O. International DIDs or phone numbers
Gear 3 does not currently provide direct inward dial phone numbers (“DID”) for areas outside the United
States. Gear 3 may change this at its sole discretion
P. International Services
1. Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of
the end-to-end international service or facilities they provide, certain limitations or restrictions that may
limit your ability use the Gear 3 Services. You must conform to any limitations or restrictions imposed by
the foreign carriers or agencies.

2. Foreign Carrier Acts or Omissions.
a. When other U.S. or foreign carriers, and foreign telecommunications administrations, use facilities
to establish connections to points not reached by Gear 3’s network, Gear 3 is not liable for acts or
omissions of other carriers or foreign telecommunications administrations.
b. International calls are priced on the basis of the country and city codes dialed by you. When the
facilities of other U.S. or foreign carriers, or foreign telecommunications administrations, are used
in establishing connections to points not reached by Gear 3’s network, Gear 3 is not liable for
refunds or damages if those calls do not terminate in the country, city or area codes associated
with the called number.
Q. Surcharges and Fees
In addition to surcharges and fees that may be found in the applicable Calling Plan described on
www.gear3.com, Gear 3 may impose additional rates and charges. These include:
a. Federal Universal Service Fee: Gear 3 imposes a surcharge to recover the Federal Universal
Service Fee that it is required to pay to a federal program that ensures that basic phone service is
available in all areas of the country at affordable rates. Additionally, the Universal Services
Fee/Fund (USF) provides for discounted telecommunications services for schools, libraries and
rural health-care facilities. All telecommunications providers are required to pay into the Federal
USF, and their contributions may be recovered from customers. The USF contribution percentage
is reviewed and adjusted quarterly by the FCC. The USF rate for the current quarter can be found
at www.Gear 3support.com. Gear 3 will add a surcharge to its invoices to recover this cost from
Customers.
b. Reactivation Fee: This fee recovers Gear 3’s cost to reinstate an account that has been
suspended or cancelled for non-payment. The fee is $25.00 per account reactivated.
R. Taxes
1. All taxes, tax-like charges, and tax-related surcharges are referred to collectively as “Tax(es).”
Gear 3 may elect to impose and collect such Taxes, unless otherwise constrained by court order
or direction.
2. You agree to pay all Taxes imposed. If Gear 3 has collected Taxes and a challenged Tax is found
to have been invalid and unenforceable, Gear 3, in its sole discretion, will either reduce Service
rates for a fixed period of time in the future in order to flow-through to customers an amount
equivalent to the amount of tax refunds collected by Gear 3, or Gear 3 will credit or refund such
amounts to affected customers (less its reasonable administrative costs), if the amounts collected
were retained by Gear 3 or if they were delivered to the jurisdiction and returned to Gear 3, or it
will negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that
jurisdiction.
3. If you provide Gear 3 with a duly authorized tax exemption certificate, Gear 3 will exempt you in
accordance with law, effective on the date Gear 3 receives the certificate.
S. Misdialing and Incompatibility with Other Services
1. Non-Usage or Misdialing
Neither credit nor refund for Service will be issued for non-usage of the Service or misdialing
while using the Service.
2. With Other Equipment and Services
You acknowledge that our Service is not guaranteed to be compatible with any equipment other
than the equipment present at the time of installation. If you have equipment which you are
unsure of compatibility it is your responsibility to request that we test compatibility with this
equipment at the time of installation. You waive any claim against Gear 3 for interference with or
disruption of these 3rd party services and equipment, as well as any claim that Gear 3 is
responsible for any disruption to your business, if applicable.
IV. RESTRICTIONS ON THE USE OF SERVICE
A. Gear 3 offers its Service subject to availability of facilities, limitations of service offerings, and the
provisions of this Agreement.
B. Services provided by Gear 3 under the Agreement will not be used by Customer: (1) for any
unlawful purpose; (2) for making telephone calls that use automatic dialing devices and terminate
into electronic information services, pay-per-call services, or other domestic or international
audiotext services; (3) for international call-back offerings using uncompleted call signaling to any
country, when that country has prohibited such an offering by statute or regulatory decision; (4)
for unauthorized purposes under Section above.
C. Services provided by Gear 3 under the Agreement will not be used by Customer for security
systems and other telephone based monitored alarm systems which use a phone line to contact a
central monitoring center in the event of fire or a break in. Gear 3 does not guarantee services
under this agreement will function as the connection between security or emergency medical alert
systems and central monitoring services, and will neither connect to such services nor provide
technical support for the connection
D. Gear 3 may (1) deny, for any lawful reason, your request for Service, or (2) limit or allocate the
facilities available to or used by any Service, if necessary, to manage its network in an efficient
manner, meet reasonable Service expectations, furnish Service to existing and future customers
based on forecasted customer requirements, or for any other lawful reason.
E. Gear 3 may, without notice (consistent with governing laws or regulations), block traffic to or from
specific countries, country codes, cities, city codes, local telephone exchanges (“NXX
exchanges”), individual telephone stations, groups or ranges of individual telephone stations, or
calls using certain customer authorization codes, whenever Gear 3 deems it necessary to take
such action to prevent (1) the unlawful use of Service; (2) nonpayment for Service; (3) the use of
Service in violation of this Agreement; or (4) network blockage or the degradation of Service
furnished to you or other customers.
V. PAYMENT OBLIGATIONS
A. Gear 3 may terminate your Service at any time in its sole discretion, if any charge to your credit
card on file with Gear 3 is declined or reversed, your credit card expires and you have not
provided Gear 3 with a valid replacement credit card, or in case of any other non-payment of
account charges. Termination of Service for declined or expired card, reversed charges, or non-
payment leaves you fully liable to Gear 3 for all charges accrued before termination, all costs
incurred by Gear 3 in collecting such amounts including but not limited to collection costs and
attorneys fees.
B. You are responsible for payment of all charges for Services furnished to you and anyone
authorized by you to use your Service. This responsibility is not changed by virtue of any use,
misuse, or abuse of your Service undertaken or caused by third parties.
C. You must promptly notify Gear 3 of any change in your invoicing address or, if applicable, in the
credit card or bank account used for payment. You should notify the Gear 3 Billing Department by
phone.
D. Gear 3 will invoice Customer for Services on a monthly basis and all payments are due and
payable by Customer without demand or setoff within thirty (30) days from the invoice date (the
“Due Date”). Amounts not paid within thirty (30) days of the invoice date will be considered past
due. If you make any late payments, and we bill you for the Services, we will charge you a late
fee of 1.5% per month, which we apply to that period’s charges and any outstanding charges and
late payment charges that remain unpaid at the time of the next bill. If the state law where you
receive the Gear 3 Services requires a lower rate, we will apply that rate.
E. If Gear 3 becomes concerned at any time about your ability to pay for Services, Gear 3 may
require that you pay its charges within a specified number of days and that you make such
payments in cash or the equivalent of cash.
F. If Gear 3 hires a collection agency to collect, or attempt to collect, any charges owed Gear 3, you
will be liable to Gear 3 for all costs that Gear 3 incurs, including without limitation collection
agency fees, reasonable attorneys fees, and court or arbitration costs. If Gear 3 incurs any fees
or expenses, including reasonable attorneys’ fees, in collecting, or attempting to collect, any
charges owed Gear 3 other than by hiring a collection agency, you will be liable to Gear 3 for the
payment of all such fees and expenses reasonably incurred.
G. If billing systems or other support is not available for a Service, feature, surcharge, tax or other
charge element at the time of Service provision, Gear 3 will bill for that Service, feature,
surcharge, or other charge element as soon as it is capable of doing so.
H. No Credit Allowances for Interruption of Service. You acknowledge and agree that the Service is
provided “as is.” Credit allowances for interruption of Service, including international calling
services, will not be provided.

I. If you dispute any charges, you must notify us in writing or by phone within 30 days of receiving
your invoice. If you do not notify us in writing within 60 days, you agree to waive any right to
contest such charges.
VI. CANCELLATION OF SERVICE
By the Customer
A. 30 Days written notice on company letterhead is required to cancel services; this notice can be
mailed to Gear 3 Technologies, PO Box 6024 Hillsborough, NJ 08844. By Gear 3
1. Gear 3 reserves the right to discontinue furnishing Services, cancel your account, and/or block your
access to the Gear 3 network, without incurring any liability, immediately and without notice if Gear 3
deems that such action is necessary to prevent or to protect against fraud or to otherwise protect Gear 3’s
personnel, agents, facilities, or Services. Without limitation, Gear 3 may take such actions if:
a. You refuse to furnish information, or furnish false information, that (i) is essential for billing; or (ii)
pertains to your creditworthiness, your past or current use of common carrier communications
service, or your planned use of such service;
b. You indicate that you will not comply with a request for security for the payment for the Services;
c. Your Service usage charges indicate a likelihood of non-payment or possible fraud;
d. You have been given written notice by Gear 3 of any past due amount (which remains unpaid, in
whole or in part for 30 days or more) for any of Gear 3’s or an affiliated carrier’s service to which
you either subscribe or had subscribed or used;
e. You either refuse to pay when billed for Service or indicate to Gear 3, its affiliate, Primus
Telecommunications, Inc., or an entity billing on Gear 3’s behalf that you do not intend to pay for
Service used by you;
f. You use, or attempt to use, Service with the intent to avoid the payment, either in whole or in part,
of the charges for the Service by (i) using or attempting to use Service by rearranging, tampering
with, or making connections to the Service in an unauthorized manner; or (ii) using tricks,
schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;
g. You act, or fail to act, in a manner that hinders or frustrates any investigation by Gear 3 or others
having legal authority to investigate your legal obligations;
h. Your telephone equipment fails to pass back to Gear 3 the appropriate signal to start and stop
billing for a call;
i. You were previously provided with notice of breach of these terms and conditions or other
contract with Gear 3, took corrective action, but thereafter engaged in the same breach activity; or
j. You act in a manner that is threatening, obscene, harassing, or abusive to Gear 3 personnel.
k. You act in violation, or your usage is deemed in violation, of Sections above.

2. Gear 3 reserves the right to discontinue furnishing Services, cancel your account, and/or block your
access to the Gear 3 network, without incurring any liability, immediately upon written notice to you if:
a. Any invoice charges remain outstanding and owed by you after the thirtieth (30th) day from the
date of the invoice notifying you of the charges; or
b. You violate any of your duties or obligations under this Agreement.

3. The discontinuance of Service(s) by Gear 3 pursuant to these provisions does not relieve you of any
obligation to pay Gear 3 for charges due and owing for Service(s) furnished up to the time of
discontinuance. Gear 3 may charge Customers who initially subscribed prior to September 24, 2010 a
Disconnect Fee or Rebate Recovery Fee if your Service is canceled pursuant to either Section VI(B)(1) or
(VI)(B)(2) above. Customers who initially subscribe on or after September 24, 2010, may be subject to
an Equipment Recovery Fee if their service is cancelled or terminated within one year of their Activation
Date and they fail to return Equipment, as described in Section above.
VII. LIABILITY
A. Gear 3 will not be liable for: (i) any failure of performance due to causes beyond its control, including,
but not limited to, acts of God, fires, power outages, floods or other catastrophes; national emergencies,
insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties;
and any law, order, regulation or other action of any governing authority or agency thereof; (ii) delayed
installation of Gear 3’s facilities or commencement of Service; (iii) any damages associated with Devices
not provided by Gear 3 and/or any third-party software (including but not limited to the download thereof)
recommended or required for use with any of the Gear 3 accessories.

B. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for
damages associated with the ordering (including the reservation of any specific number for use with a
Service), installation (including delays thereof), provision, termination, maintenance, repair, interruption,
or restoration of any Service or facilities offered by Gear 3, Gear 3’s liability, if any, will be limited as
follows:
1. With respect to the attempts to route calls to Public Safety Answering Points or municipal
emergency service providers, as described in Section II, Gear 3’s liability, if any, will be limited to
the lesser of: (a) the actual monetary damages incurred and proved by you as the direct result of
Gear 3’s action, or failure to act, in routing the call, or (b) the sum of $1,000.00.
2. With respect to the provisioning of, or any error or omission in, data, information, or content
furnished in connection with any service provided by Gear 3, for example, Directory Assistance,
Gear 3’s liability will be limited to the lesser of: (a) the amount of actual money damages proven
by you to have been incurred as the proximate result of your reliance on such data, information,
or content; or (b) $100.00.
3. If you request that your current telephone number be ported to Gear 3, it may take 15 business
days or longer to fulfill the request even though many numbers can be ported within a 10-day
period. In any event, Gear 3 shall not be liable for any delays or incompletion or costs or charges
pursuant to a delay or incompletion in local number portability (LNP). Gear 3 makes no
guarantees on the ability to port your number. Check the number porting tool on www.gear3.com.
C. IN NO EVENT WILL GEAR 3 BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING
LOST PROFITS (WHETHER OR NOT GEAR 3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER
THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

D. Gear 3 will be indemnified, defended, and held harmless by you against all claims of loss or damage
arising from the use of Service furnished by Gear 3, including:
1. Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out
of the material, data, information, or other content transmitted via Gear 3 Service;
2. All other allegations and claims arising out of any intentional act or omission by you or others
authorized by you to use the Service, in connection with any Service provided by Gear 3; and
3. Allegations or claims that you have not acquired or possess the requisite rights to any Devices
not provided by Gear 3 and/or third party software for use in conjunction with Gear 3 accessories
as described in herein.

E. GEAR 3 MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS
SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT.
GEAR 3 DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON GEAR 3’S BEHALF AND
YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY GEAR 3.

F. Gear 3 will not be liable for any act or omission of any other company or companies furnishing a
portion of the Service, or from any act or omission of a third party, including those vendors participating in
Gear 3 offerings made to you, or for damages associated with the Service, or Equipment that it does not
furnish, or for damages that result from the operation of customer provided systems, Equipment, facilities
or services that are interconnected with Gear 3 Services.
VIII. DISPUTE RESOLUTION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION
PROVIDES FOR RESOLUTION OF CERTAIN DISPUTES THROUGH FINAL AND BINDING
ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR
JURY OR THROUGH A CLASS ACTION. BY THIS AGREEMENT, BOTH YOU AND GEAR 3 WAIVE
THE RIGHT TO A TRIAL BY JURY.

A. Conciliation
In the event of any dispute, claim, question, or disagreement arising from or relating to the Service, the
Device, or this Agreement or the breach thereof, the parties hereto shall use their best efforts to resolve
the dispute, claim, question, or disagreement. Before you take a dispute to arbitration or to small claims
court, you must first contact Customer Service at the listed on your Gear 3 invoice for the Services, or
write to us at the following address, and give us an opportunity to resolve the dispute:
Gear 3 Technologies
PO Box 6024
Hillsborough, NJ 08844
You must describe your dispute and provide Gear 3 with any supporting documentation. Likewise, if Gear
3 has a dispute with you, it will notify you by letter sent to your billing address, or by e-mail to your
designated e-mail address, and attempt to resolve it before pursuing a small claims court complaint or
arbitration. If you and Gear 3 do not reach a resolution within a period of 60 days, then, upon notice by
either party to the other, all disputes, claims, questions, or differences shall be finally resolved either by
the Small Claims process described in subparagraph B below, if applicable, or by final, binding arbitration
administered by the American Arbitration Association (“AAA”) as described in subparagraph C below.
Nothing in this subsection shall limit Gear 3’s right to suspend or terminate service immediately in the
event of any material breach of this Agreement by customer, including nonpayment of charges when due.
IX. MISCELLANEOUS PROVISIONS
A. Entire Agreement.
These Terms and Conditions constitute the entire Agreement between you and Gear 3, and supersede
any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency
or conflict between the terms of any calling plan, promotion, and/or authorized written communications
you have received and the provisions of this Agreement, the provisions of this Agreement will control.

B. No Obligation to Assist in Switching to a Different Provider.
If you either voluntarily cancel your Gear 3 account or if Gear 3 cancels your Service for any reason set
forth above, Gear 3 will have no obligation whatsoever to assist you in any respect in switching from Gear
3 to another service provider.

C. Assignment.
Customers may not modify or assign this Agreement. In its sole discretion, Gear 3 may assign this
Agreement.

D. No Waiver of Rights by Gear 3.
If Gear 3 fails to enforce any right or remedy under this Agreement, that does not waive Gear 3’s right to
do so or waive any right or remedy that Gear 3 has for any other breach or failure.
E. Binding Effect.
This Agreement is binding upon you and Gear 3 and upon, respectively, your and Gear 3’s respective
agents, heirs, and successors.
F. Severability.
If any part or provision of this Agreement (including the dispute resolution provisions in herein) is finally
determined to be invalid or unenforceable under applicable law by an arbitrator or a court of competent
jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or
unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.
G. Governing Law
This Agreement is governed by and construed under the laws of the State of New Jersey and applicable
federal law

H. Survival.
Any liability or obligation of a party to the other party under the provisions herein as applicable, will, in
each case, survive cancellation or termination of this Agreement.

I. Headings of No Force or Effect.
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.