Terms of service


Last Updated: July 12, 2026 and Effective As Of: August 11, 2026

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.


SECTION 1.1 - CORPORATE TRANSITION AND LEGACY CUSTOMERS

Talk2Me USA Inc. is the official owner of all Talk2Me products and services, having completed a corporate acquisition of all assets, customers, and platforms effective January 1, 2026. By continuing to use our communications networks (including PRS, CRS, Hamlink, and Private Networks), continuing to use hardware originally purchased from Talk2Me Social Inc., or maintaining an active account with us, you explicitly acknowledge that all legacy agreements are superseded by these Terms of Service. As of January 1, 2026, all past and present services, subscriptions, and hardware are governed exclusively by these updated Terms. Talk2Me USA Inc. assumes no liabilities, warranties, or obligations outside of what is expressly written in this current agreement.


SECTION 2 - OUR PRODUCTS AND TECHNICAL SPECIFICATIONS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

Technical and Performance Estimates

Any technical specifications, performance metrics, or operational estimates provided in our product listings (including, but not limited to, estimated battery life, network transmission speeds, audio clarity, and signal connectivity) are approximations based on testing in optimal conditions. Actual hardware and network performance will vary significantly based on real-world variables, including environmental factors, geographic terrain, user configuration settings, battery degradation over time, and the local availability or congestion of third-party cellular network towers.

Modifications and Availability

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

 

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Talk2Me USA Inc. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Talk2Me USA Inc. confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Talk2Me USA Inc. may be unable to accommodate cancellation requests after an order is accepted.

Fraud Prevention and Order Verification

We reserve the right to limit, delay, or cancel orders that, in our sole judgment, appear to be placed by unauthorized dealers, scammers, or present a high fraud risk (such as orders with mismatched billing and shipping addresses). In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

Commercial Resale and TVAR Program

Unless you are an officially authorized Talk2Me Value Added Reseller (TVAR) operating under a separate, formally executed Non-Disclosure Agreement (NDA) and Reseller Agreement with Talk2Me USA Inc., you represent and warrant that your purchases are for your own personal, household, or internal business use and not for commercial resale, distribution, or export. Any unauthorized bulk purchasing or commercial reselling of our products is strictly prohibited and may result in immediate order cancellation and account termination.


SECTION 3.1 - THIRD-PARTY EQUIPMENT AND PROGRAMMING POLICY

Talk2Me USA Inc. limits complimentary first-time programming services exclusively to equipment purchased directly from us. Radios or devices acquired through third-party vendors are not eligible for free configuration or programming waivers. This policy applies regardless of the device's state upon receipt (e.g., factory reset, unprogrammed, or blank). Furthermore, the customer is solely responsible for providing accurate configuration details at the time of purchase. Talk2Me USA Inc. is not liable for device misconfiguration resulting from inaccurate information provided by the customer, and any subsequent requests for reprogramming may be subject to additional service fees.


SECTION 3.2 - THIRD-PARTY MARKETPLACE TRANSACTIONS

In addition to our primary online store, Talk2Me USA Inc. products may be available for purchase through third-party marketplaces, alternate storefronts, and sales channels, including but not limited to TikTok Shop and Amazon. Please be aware that when you purchase our products through these external platforms, your transaction, order fulfillment, customer service inquiries, and any subsequent returns or refunds are strictly governed by the specific terms of service, processing timelines, and return policies of that respective marketplace. In the event of a conflict between our direct Talk2Me USA storefront policies and the mandatory policies of a third-party marketplace where the purchase was officially made, the marketplace’s policies will take precedence for that specific transaction.


SECTION 4 - PRICES AND BILLING

Prices for our products and subscription services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and payment information so that we can complete your transactions and contact you as needed.


SECTION 4.1 - SUBSCRIPTIONS, NETWORK ACCESS, AND DEVICE LICENSING

Certain products and services are offered on an ongoing subscription basis. By purchasing a subscription, you authorize Talk2Me USA Inc. to automatically charge your original payment method on a recurring basis (e.g., monthly or annually) at the then-current rate until you cancel. We will provide notice of any price changes to your subscription prior to your next billing cycle.

Network Capabilities and Third-Party Infrastructure

Our SIM services are provided through a direct partnership and provider agreement with GTEN America. While these SIM cards are designed to switch automatically between available major carrier towers to optimize connection in your specific geographic area, neither Talk2Me USA Inc. nor GTEN America owns or operates these physical towers. Service quality, connectivity, and coverage are not guaranteed and are strictly subject to the operational limitations, outages, and local tower availability of those respective third-party carriers in your area.

Platform Exclusivity & Service Bundling

A. Conditional Service Access: The one (1) year of complimentary SIM network service included with your hardware purchase is a promotional bundle. This cellular data is provided solely and exclusively to power connection to official Talk2Me USA Inc. platforms, including but not limited to PRS, CRS, and Hamlink.

B. Prohibition of Unbundling: Customers are strictly prohibited from decoupling the complimentary SIM service from the Talk2Me USA platform architecture. Talk2Me USA Inc. will not release, white-list, or transfer any device IMEI from our proprietary platform databases to facilitate migration to a third-party or competitor platform while the device is utilizing our complimentary SIM network service.

C. Consequences of Unauthorized Platform Migration: If a customer attempts to bypass platform restrictions, modifies the device software to access a competitor platform, or requests the extraction of the IMEI from our system during the 365-day promotional period, Talk2Me USA Inc. reserves the right to:

  • Immediately and permanently deactivate the included SIM card without notice.
  • Blacklist the SIM card from our cellular carrier network.
  • Assess a standard Platform Detachment Fee of $29.99 (reflecting the exact retail value of the unbundled data service) to legally release the IMEI from our databases prior to the expiration of the one-year promotional period. After 365 days of continuous active service, this fee drops to $0.00.

Cancellation Policy and SIM Card Deactivation

You may cancel your subscription at any time by contacting us directly at admin@talk2meus.com. To avoid being charged for the next billing cycle, you must cancel your subscription at least 24 hours before your next scheduled renewal date.

Please note that upon the cancellation of your service, or upon the approved release of a device IMEI, your associated Talk2Me USA SIM card will be permanently deactivated and will no longer be eligible for renewal at the end of your current billing cycle (whether monthly or yearly). Purchasing a new, separate SIM card from us is only required if you subsequently wish to continue or return to the Talk2Me USA SIM service.

Refunds for Subscriptions

Unless otherwise required by applicable law, all recurring subscription charges are non-refundable. If you cancel your subscription in the middle of a billing cycle, you will retain access to the platform and network services through the end of your current paid term, but we do not provide prorated refunds for partial months.

SECTION 4.2 - PRE-ORDERS AND HARDWARE FULFILLMENT

Pre-Order Payments and Timelines

From time to time, Talk2Me USA Inc. may offer select hardware, including new radio models and related accessories, for pre-order before official inventory is released and available for immediate shipment. When you place a pre-order, you authorize us to charge your payment method immediately for the full amount of the pre-ordered item(s) to secure your place in the fulfillment queue.

Estimated Shipping Dates

All shipping and release dates provided for pre-orders are estimates only and are subject to change due to manufacturing timelines, component availability, or supply chain disruptions. We will make reasonable efforts to communicate any significant delays.

Pre-Order Cancellations

You may request to cancel a pre-order for a full refund at any time prior to the issuance of a shipping confirmation email. Once a pre-order has been processed for fulfillment and a tracking number has been generated, it is subject to our standard return policy.

 

SECTION 4.3 - HARDWARE WARRANTY AND DEFECT CLAIMS

1-Year Limited Hardware Warranty

Talk2Me USA Inc. provides a limited warranty on physical hardware and devices purchased directly from our official storefronts. We warrant that under normal, personal use, the hardware will be free from physical manufacturer defects in material and workmanship for a period of one (1) year (365 days) from the date of original delivery.

Exclusions and Voiding of Warranty

This 1-year limited warranty explicitly does not cover, and will be immediately rendered void by, any of the following conditions:

  • Physical Damage and Abuse: Damage resulting from drops, impacts, crushing, or general mishandling. This includes, but is not limited to, cracked or shattered screens, broken antennas, snapped belt clips, and bent or damaged charging/accessory ports.

  • Liquid and Environmental Damage: Damage caused by submersion, liquid spills, prolonged exposure to moisture, extreme humidity, or extreme temperatures (e.g., leaving the device in a hot vehicle or freezing conditions).

  • Unauthorized Modifications and Repairs: Any device whose casing has been opened, disassembled, tampered with, or repaired by the customer or any unauthorized third party.

  • Software and Firmware Alterations: Devices that have experienced software corruption, "bricking," or operational failure due to unauthorized software modifications, custom firmware flashes, root attempts, or the circumvention of Talk2Me USA Inc. software restrictions.

  • Improper Accessories and Electrical Damage: Damage resulting from the use of unauthorized, cheap, or incompatible third-party accessories, including utilizing improper power adapters, power surges, or incorrect voltage applications that degrade or destroy the battery and internal components.

  • Normal Wear and Tear: Routine cosmetic degradation that does not affect the core functionality of the device, including superficial scratches, scuffs, dents, or the natural fading of plastics and materials over time.

  • Loss or Theft: Misplaced, stolen, or lost devices or components.

Submitting a Claim

If you believe your device has a manufacturing defect covered under this warranty, you must contact us at admin@talk2meus.com with your order number, device IMEI, and a detailed description (and photos, if applicable) of the defect. If a return is tentatively authorized, you are responsible for securely packaging the device and covering the initial return shipping costs. If the device is confirmed defective upon our physical inspection, we will, at our sole discretion, repair or replace the unit and cover the shipping cost to return the fixed or replacement device to you. If the device is found to have failed due to any of the exclusions listed above, the warranty claim will be denied, and you will be responsible for the cost of return shipping if you want the broken device back.


SECTION 4.4 - AFFILIATE AND PROMOTIONAL MARKETING

Affiliate Representation

Talk2Me USA Inc. operates affiliate marketing programs allowing approved independent contractors and promoters to earn commissions by driving sales through personalized links or storefronts (such as TikTok Shop or other social media channels). Affiliates are independent contractors and are not employees, agents, or legal representatives of Talk2Me USA Inc.

Marketing Guidelines and Disclosures

Affiliates must ensure that all promotional content accurately reflects the capabilities of Talk2Me USA products and services. Affiliates are strictly prohibited from making false claims, unauthorized guarantees, or disparaging competitors in our name. In compliance with Federal Trade Commission (FTC) regulations, affiliates must clearly and conspicuously disclose their material relationship with Talk2Me USA Inc. (e.g., using hashtags like #ad, #sponsored, or #Talk2MePartner) in all promotional posts, videos, and content.

Commission Payouts and Platform Operations

Commission tracking, accounting, and payout procedures depend entirely on the platform through which the affiliate operates. For affiliates promoting our products via TikTok Shop or similar third-party marketplace programs, all commissions and payouts are managed and dispersed exclusively by that third-party platform and are subject to their specific terms of service. Talk2Me USA Inc. is not responsible for delayed, missing, or disputed payouts processed through third-party platforms. For independent affiliates utilizing direct Talk2Me USA storefront links, commissions are processed directly by us and will be paid within thirty (30) days following the end of the calendar month in which the commission was earned.

Account Termination

We reserve the right to withhold direct commissions and immediately terminate the affiliate status of any individual who violates these promotional guidelines, engages in deceptive marketing practices, or harms the reputation of Talk2Me USA Inc.


SECTION 5 - SHIPPING AND DELIVERY

Risk of loss and title for items purchased from Talk2Me USA Inc. pass to you upon our delivery to the carrier. We are not responsible or liable for any shipping delays, lost packages, or damages that occur once the package is in the possession of the shipping carrier (e.g., USPS, UPS, FedEx).


SECTION 6 - INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Talk2Me USA Inc. or its content suppliers and protected by United States and international copyright and trademark laws. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.


SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You acknowledge that your data may be stored through Shopify’s data storage, databases and the general Shopify application.


SECTION 10 - PRIVACY POLICY

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for details on how we collect, use, and protect your data.


SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.


SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service.

SECTION 14 - TERMINATION AND PLATFORM MODERATION

Talk2Me USA Communications Platforms

Talk2Me USA Inc. wholly owns and operates several proprietary communications networks. To ensure a safe and reliable environment for our users, we maintain active moderation teams across each of the following platforms:

Public Radio Service (PRS): Our standard network, which all customers initially have access to utilizing one registered device IMEI.

Community Radio Service (CRS): A premium network operating similarly to PRS, but exclusively accessible via a paid membership.

Hamlink: A specialized, restricted network available strictly to verified Amateur Radio Operators.

Private Networks: Customers who register more than one device are provided access to a dedicated, private communications network created exclusively for their own radios.

Prohibited Conduct and Banning Criteria

We reserve the right to terminate this agreement, your active subscriptions, or your access to the Services (or any part thereof) in our sole discretion at any time without notice. Utilizing the PRS, CRS, Hamlink, or any other Talk2Me USA network to engage in any of the following behaviors is strictly prohibited and will result in immediate moderation action, up to and including a permanent ban:

  • Harassment and Hate Speech: Engaging in targeted bullying, threats of violence, racial slurs, derogatory language, or any form of discrimination or hate speech.

  • Network Disruption: Intentionally interfering with the communications of others, including "dead-keying" (holding the microphone open without speaking), transmitting continuous music or disruptive noises (mic-spamming), or maliciously keying over other active users.

  • Obscenity and Profanity: Transmitting sexually explicit content, excessive profanity, or audibly vulgar material.

  • Impersonation: Falsely presenting yourself as a Talk2Me USA Inc. employee, a network moderator, law enforcement, or emergency services personnel.

  • Illegal and Dangerous Activity: Utilizing the network to coordinate illegal activities, promote violence, doxx other users (sharing private, identifying information), or transmit false emergency/distress signals.

  • Commercial Spam: Using public or community channels to run unauthorized advertisements, solicitations, or commercial sales.

Consequences of a Platform Ban

In the event of a suspension or ban resulting from a violation of the prohibited conduct listed above:

Platform Bans: You will be permanently banned from accessing our managed community platforms, including PRS, CRS, and Hamlink.

Private Network Exemption: We will not revoke your access to your dedicated Private Network. If you possess multiple devices, you may continue to use your active SIM cards and devices strictly within your isolated Private Network.

Account Termination and IMEI Release: If your account is fully terminated (such as for non-payment) or if you choose to take your devices to another provider following a platform ban, your IMEIs can be formally released from our systems solely pursuant to the mandatory IMEI release fee policy detailed in Section 4.1.

No Refunds: You will not be entitled to any prorated refunds for remaining subscription periods or network access fees.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

 

SECTION 15 - DISCLAIMER OF WARRANTIES; EMERGENCY USE

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Life Safety and Emergency Communications Disclaimer

Talk2Me USA Inc. devices and communication networks (including but not limited to PRS, CRS, Hamlink, and Private Networks) are commercial communications tools and are not certified life-safety devices. They are not designed, intended, or authorized to be used as a primary, guaranteed, or sole method for contacting 911, emergency medical services, law enforcement, or search and rescue dispatchers. Because device functionality relies entirely on power availability, hardware integrity, and the unpredictable availability of third-party cellular networks, you assume all risks associated with using our devices in remote, hazardous, or emergency situations. Talk2Me USA Inc. shall not be held liable for any damages, injuries, loss of life, or delayed emergency responses resulting from signal loss, hardware failure, or network outages during a critical event.

 

SECTION 16 - LIMITATION OF LIABILITY

In no case shall Talk2Me USA Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.


SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Talk2Me USA Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.


SECTION 20 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer our rights and obligations under these Terms of Service without restriction or notification.


SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida.


SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.


SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@talk2meus.com.

Our physical mailing address is:

Talk2Me USA Inc.

6185 Bradfordville Rd

Tallahassee, FL 32309

 

SECTION 25 - DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Initial Dispute Resolution

We are committed to customer satisfaction and resolving disputes amicably. Before initiating any formal legal proceeding, you agree to first contact us directly at admin@talk2meus.com with a detailed description of your complaint and your contact information. You and Talk2Me USA Inc. agree to negotiate in good faith to resolve the dispute for a period of at least thirty (30) days from the date the notice is received.

Agreement to Binding Arbitration

If the dispute cannot be resolved through informal negotiations within the thirty (30) day period, you and Talk2Me USA Inc. agree that any and all claims, disputes, or controversies arising out of or relating to these Terms of Service, your use of the Services, or any products or subscriptions purchased (including the validity, enforceability, and scope of this arbitration clause) shall be resolved exclusively through final and binding arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted.

Exceptions to Arbitration

Notwithstanding the above, either party may: (a) bring an individual action in small claims court if the claim qualifies; and (b) bring a suit in court to enjoin infringement or other misuse of intellectual property rights.

Arbitration Procedures

The arbitration shall be conducted by a single, neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration may be conducted via telephone, written submissions, or in person in the county of Talk2Me USA Inc.'s headquarters (Leon County, Florida) or at another mutually agreed location. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action and Jury Trial Waiver

YOU AND TALK2ME USA INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. By agreeing to these terms, you are waiving your right to a trial by jury or to participate in a class action.

Right to Opt-Out

You have the right to opt out of this arbitration agreement within thirty (30) days of your first use of the Services or purchase of a product by sending a written notice of your decision to opt out to admin@talk2meus.com. If you opt out, Talk2Me USA Inc. will also not be bound by this arbitration agreement.