Gabb Wireless Terms & Conditions

This is an agreement (“Agreement”) between you, the customer, (hereafter identified as “Customer” or “you”) and Gabb Wireless, Inc., including its affiliates, agents, and assigns (hereinafter identified as “Gabb”, “we”, or “us”). By using our cellular radio telecommunications (“Cellular Service”), our hardware (phone & watches) (“Device(s)”), purchasing anything from us, downloading our apps or third-party apps, using any features or software we provide, using Subscriptions, using our Music Service, or using our website (collectively “Service”) you accept all terms of this Agreement.

This Agreement is effective as of the date of your first use of Service. Cellular Service becomes binding when it is activated using the number assigned to your Device(s), (each referred to as a “Number”). This Agreement supersedes any and all prior agreements and understandings relating to the subject matter of this Agreement.

1. Accounts: Plans, Contract Term, Activation Fee, Early Termination Fee, Account Access
   1. Plans: Before activating your Device, you will be required to choose a service plan (“Plan”), which can be found here. The Plan comprises any and all charges for the use of the Device, Services, and Subscriptions, including calls and messages sent or received (“Plan”), throughout the agreed upon duration of your contract (“Contract Term”). The Plan encompasses the Service chosen at activation. You may activate and update your Plan here.
   2. Contract Term: When selecting a Plan, you must choose a Month-to-Month,One Year, or Two Year Contract Term.
      1. Month-to-Month: If you select a Month-to-Month Contract Term, the initial term will be for one month and will auto-renew monthly. You may cancel your Month-to-Month Contract Term at any time and for any reason by filling out this form.
      2. One (1) Year Contract: If you select a One-Year Contract Term, the initial term of your Cellular Service contract will be for one (1) year. After the initial term, your Plan will automatically continue month-to-month unless you cancel by filling out this form.
      3. Two (2) Year Contract: If you select a Two-Year Contract Term, the initial term of your service contract will be for two (2) years. After the initial term, your Plan will automatically continue month-to-month until you cancel by filling out this form.
      4. Subscriptions: If you subscribe to any Gabb features such as but not limited to Gabb Cloud, Gabb Music, et al. (“Subscription”) and choose to cancel it, your Subscription will remain active until your next billing cycle. No proration will be available for these Subscriptions. You may cancel your Subscription by logging in to your account.
   3. Activation Fee: All new Devices are subject to an activation fee of $30 which is non-refundable (“Activation Fee”).
   4. Upgrades: If you would like to upgrade your Device and you’re currently on a contract, you may do so without an Early Termination Fee if you’re within 30 days of your contract ending and sign a new contract for the new Device. While this would not be subject to an Early Termination Fee, the Activation Fee would still apply.
   5. Early Termination Fee: If, prior to the end of your Plan’s Contract Term, you terminate this Agreement without legal excuse (e.g. Gabb is in default or material breach of the Agreement, or Gabb failed to provide Cellular Service) (“Early Termination”), you agree to pay us an Early Termination Fee (“Early Termination Fee”). This Early Termination Fee is payable immediately upon termination and shall be as follows for all Devices:
      1. If you are on a one-year contract term, then your Early Termination Fee will be $100 plus applicable taxes, which will decrease by $10 per month beginning month 3.
      2. If you are on a Two-Year Contract Term, then your early termination fee will be $150 plus applicable taxes, which will decrease by $6.25 per month beginning month 7 through month 15, and $10 per month upon completion of months 16 and through month 24.
   Even upon Early Termination of your Plan, you remain responsible for complying with your other obligations under this Agreement, including, but not limited to, payment of your pro-rated monthly service fee and any unpaid balances. We may require payment by money order, cashier’s check, or a similarly secure form of payment at our discretion.
   
   You remain responsible for payment of all charges incurred under this Agreement through the date of termination. If you fail to perform your obligations, you will reimburse us for all expenses, including attorney fees incurred in the enforcement of this Agreement, and we may keep any charges prepaid by you. These remedies are not exclusive and are in addition to all remedies provided by law. Any failure by us to strictly enforce this Agreement will not waive our right to require compliance with this Agreement.
   6. Account Access: You authorize us to provide information about, and to make changes to, your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you, which include your four (4) digit security code, or the security questions you chose upon creating your account.
   
   
2. Billing
   1. Payment: You are responsible for paying all charges for or resulting from Services provided under this Agreement according to your Plan. You will receive monthly bills via email that are due in full as shown thereon and begin upon activation of your Device(s). Billing cycle end dates may change from time to time. Charges include, without limitation: Plan changes, recurring monthly Service, Activation Fees, Administrative Cost Recovery fees, and late-payment charges; Regulatory Cost Recovery Fees and other surcharges; optional Subscriptions; and applicable taxes and governmental fees, whether assessed directly upon you or upon Gabb. To determine your primary place of use and which jurisdiction’s taxes and assessments to collect, you are required to provide us with your residential or business street address. Any taxes, costs, or charges imposed on us as a result of providing the Service or the Device will be added to your charges, including the Regulatory Cost Recovery Fee which is a service charge imposed by Gabb to help recover Gabb’s costs of complying with government regulatory requirements and the Administrative Cost Recovery Fee which is a monthly fee charged to recover Gabb’s carrier fees and other costs related to providing wireless services.
   2. Advance Payments: You are required to prepay for future service. Interest will not be paid on advance payments unless required by law.
   3. Good Standing: You must keep all accounts in good standing to maintain Service. If your account is past due it is subject to interruption or termination and all other available collection remedies.
   4. Credit Card Authorization: If you have authorized charges to a credit card, no additional notice or consent will be required before billing that credit card. Gabb is hereby authorized to charge the provided credit card for any charges or expenses incurred pursuant to this Agreement, including monthly Service through autopay and late charges. Payments of all charges, including disputed charges, must be received by the due date shown on the invoice.
   5. Disputes of Charges: Disputes of charges must be in writing to billing@gabb.com and received no later than the invoice due date. We will make good-faith efforts to resolve disputes promptly.
   6. Late Fees: You agree that (1) time is of the essence for all your payments; (2) it would be impractical to fix the amount of our damages if you fail to pay promptly; (3) if you do not pay all charges by the due date, unless prohibited by law, you shall pay us a minimum late fee of Ten Dollars ($10) per month of any balance due, payable for every month such amount remains unpaid; and (4) if your account is sent to a collection agency due to an unpaid balance, unless prohibited by law, you shall be assessed an additional twenty-five ($25) collection fee. Acceptance of late or partial payments (even if marked “Paid in Full”) will not waive our rights. We will assess a Twenty- Five Dollar ($25) fee for any check returned for insufficient funds or credit/debit card chargeback for a transaction that you had authorized.
   7. Lost or Stolen Devices: If your Device is lost or stolen, you will be responsible for all Plan charges incurred until you terminate service with us.
   8. Credit Reporting Authorization: You authorize Gabb to: (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with Gabb’s offering of wireless and other services from time to time to determine your creditworthiness and to report your payment performance. You understand that if you fail to fulfill the terms of your credit obligations under this Agreement, Gabb may report your failure to a credit reporting agency.
   9. Plan Changes: If you would like to make changes to your Service, please contact a Gabb Representative. Some changes may be subject to limitations and/or additional charges. If you change your Plan mid-billing cycle, your bill will be prorated to reflect your original Plan through the date of the amendment, whereafter your bill will be prorated to reflect the new Plan for the remainder of the billing cycle. If this results in a credit to your account, such credit will be applied during the following billing cycle.


3. Customer Representations, Warranties, and Covenants
   1. Authority: You acknowledge that you have the legal authority to enter into this Agreement, are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.
   2. Fair Use: You agree to use the Service in a reasonable manner and within usage thresholds established by Gabb, of 1500 minutes for voice, 5000 texts, and 500MB of data per month, which far exceed the average usage under each Plan’s “Fair Use Policy”. Such thresholds are to ensure that no one customer adversely affects access by other customers. If you exceed these thresholds, it is a violation of this Fair Use Policy and subject to overage charges and/or cancellation of Services. Further, we have the right, at our sole discretion, to throttle data usage once it exceeds the limits established in our Fair Use Policy, which may affect your ability to send and receive MMS messages, and other services including calls.
   3. Personal Use: You represent, warrant and agree that you are using the Service hereunder for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service.
   4. Customer Responsibility: If you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we discover that you are under the age of eighteen (18), if you fail to make all required payments when due, if we have reasonable cause to believe that your Device or Service is being used for an unlawful purpose or in a way that may adversely affect our Service, or if you fail to pay we may interrupt or terminate your Service without notice for any action that we believe violate this Agreement or any terms and conditions of your rate plan. Any violation of this provision will result in the cancelation of the plan.
   5. Service Territory: You must be located in the United States, including its territories, possessions and commonwealths (“Service Territory”).


4. Returns and Limited Warranty
   1. Returns: Gabb’s return policy can be found here.
   2. Warranty: Gabb’s warranty policy can be found here.
   3. Damaged Devices: If your Device is damaged, as a one-time courtesy, you may purchase the extended warranty and continue the monthly fee for this warranty for six months. Read more about the warranty here.


5. General Conditions
   1. Our Modifications: We may modify this Agreement, including the Service charges or terms and conditions, upon advance notice at any time by posting the revised Agreement on the website. Changes to this Agreement become effective when we publish to our website. If you use our Service or make any payment to us on or after the effective date of the changes, you accept the changes. You must pay any additional charges from the date of the modification, even though you may have paid for the Service in advance. See section 1c. for information about upgrades.
   2. Coverage Limitations: Cellular Service is not always available in all places. Coverage maps are available in your account. There are gaps in coverage within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. You accept Gabb’s service with these limitations. You acknowledge that Gabb is not responsible for lack of coverage that results in interrupted service. Cellular Service is available to your Device only when the Devices are within the operating range of our cellular systems. Service may be subject to transmission limitations beyond the system’s control and may be temporarily interrupted.
   3. Interruption of Service: Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications, and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g. 976, 900 and international destinations) or certain websites at our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND.
   4. Prohibited Conduct: The removal of digital rights management is prohibited except as permitted by law. “Crawling” or “Scraping” the Service to access recordings (and extracts thereof), associated metadata, artwork, and all other artistic and literary materials is prohibited. Using any Content obtained via the Service to improve, develop or train any feature, aspect, or element of any technologies or tools using artificial intelligence models, technology, or machine learning is prohibited. You are not permitted to modify, edit, alter, or repurpose any marks and Content made available via the Service. Third Party Rights Holders: Third party rights holders have the right to enforce Gabb’s rights directly against You as a third party beneficiary (pursuant to any right available under any local legislation). Content owners and providers reserve all of their rights to their content under this Agreement and at law. You are not permitted to infringe the rights of the copyright owner(s) of Content included in the Service.
   5. Privacy: Cellular telephones use radio channels to transmit voice and data. Although laws prohibit listening in on cellular calls, your privacy cannot be guaranteed. You consent to our use of automated telephone equipment to contact your landline or cellular telephone for any business purpose. By using Gabb’s Services you agree with the terms of Gabb’s Privacy Policy as set forth on our Gabb’s website found here: https://gabb.com/privacy-policy. You also understand that Gabb’s Privacy Policy may be changed from time to time and at Gabb’s sole discretion.
   6. As-Is: The Service including all software, content, and other information, materials, and products included on or otherwise made available to you through the service are provided “As-Is” and “As Available” without warranties of any kind from service provider or any owners of Content. To the full extent permissible by applicable law, Gabb and all other owners of content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Gabb nor any owner of Content warrants that the service or any software, content, information, materials, or products included on or otherwise made available to you through the service are free of viruses or other harmful components. Neither Gabb nor any owner of Content will be liable for any incidental, punitive, special, or consequential damages of any kind arising from the use of the Service or from software, Content, information, materials, or products included on or otherwise made available to you through the Service, or for any damages in excess of the amount paid for the specific item of Content giving rise to the applicable claim for damages.
   7. Limitation of Liability: GABB OFFERS VARIOUS SERVICES AND SUBSCRIPTIONS, AND THERE ARE CERTAIN THINGS THAT WE CANNOT GUARANTEE. TO THE FULLEST EXTENT PERMITTED BY LAW, GABB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE SERVICES’ FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND NON-INFRINGEMENT. THE SERVICE IS PROVIDED “AS IS”. IN NO EVENT SHALL GABB OR THIRD PARTY RIGHTS HOLDERS BE LIABLE, WHETHER OR NOT DUE TO THEIR OWN NEGLIGENCE, for any: (a) act or omission of a third party, including third-party apps; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Service or content provided by or through us; (c) damage or injury caused by the use of Service or Device, including use in a vehicle; (d) claim against you by third parties: (e) damage or injury caused by a suspension or termination of Service by Gabb or removal of Content; (f) damage or injury caused by access to any apps in the Gabb App Store, or (g) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. You understand that by using the Service, there is the risk that you may find some Content to be offensive, indecent, or objectionable. You also acknowledge that Gabb may not filter all content that you may find objectionable, indecent, or offensive. Access to Third-Party Apps can be enabled on certain Devices. Not all Third-Party Apps are available on all Gabb Devices. The Gabb-Reviewed App Guide is for informational use only and does not guarantee the safety and wellbeing of the end user. Gabb does not review all content available on such apps, does not control the content or advertising on Third-Party Apps, and cannot guarantee the outcome of interacting with the content provided on these apps. Gabb disclaims any and all liability associated with content found or provided in Third-Party Apps, or any communication that may occur through such apps, or any resulting harm from use of the apps. If you do not approve of any content or functionality of any Third-Party Apps, it is your responsibility to remove it from the assigned Device via your Gabb Account App Management portal here. By using Third-Party Apps you expressly agree to be bound by these terms.
      
      YOU ACKNOWLEDGE BY YOUR USE OF OUR SERVICES THAT YOU USE OUR SERVICES AT YOUR SOLE RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE OR PROVIDER OF THE CELLULAR SERVICE AND ANY STATEMENT REGARDING THEM SHOULD NOT BE INTERPRETED AS A WARRANTY. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Gabb shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of, or inability to use, Service or Devices provided by or through Gabb; including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold Gabb and its officers, directors, employees, and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, Service provided by Gabb or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF GABB, or any violation by you of this Agreement. This obligation shall survive termination of your service with Gabb. Gabb is not liable to you for changes in operation, equipment, or technology that cause your Device(s) or Services to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
   8. Devices: Gabb Devices must be utilized solely via Cellular Service. Any SIM card provided by Gabb must only be used with a Gabb device. Any violation of this will result in a canceled contract. Your Device must be compatible with-and not interfere with-our service, and must comply with all applicable laws, rules, and regulations. You acknowledge and agree that we may, from time to time, push updates to your phone to improve the Services, fix errors or bugs, and add additional functionality to the Device. You understand that as part of these updates, you may be required to restart your phone with a factory reset, and/or lose stored data on the phone including contacts, messages, and photos. You understand and agree that Gabb shall have no liability for any loss of data or Customer Data as a result of these changes and that any and all changes contemplated herein that may result in a loss of data or Customer Data is subject to our Limitation of Liability. We may periodically perform updates to your Device remotely with system settings for roaming service and other features that cannot be changed manually. Devices purchased for use on our network may not function on other networks. You, the customer, acknowledge that except as required by law, you shall acquire no proprietary interest in the number (MDN) or SIM (Subscriber Identity Module) assigned by Gabb for its use. You acknowledge that any intellectual property or software in the SIM not provided by Gabb or You is the property of the supplier of services to Gabb, and such supplier may change or update the software or other data in the SIM card or the software in the Equipment over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. The supplier of Services to Gabb shall have no liability whatsoever for Gabb’s losses, claims or damages for any cause whatsoever, including any failure or disruption of Services provided hereunder, regardless of the form of action, whether in contract, tort, or otherwise. You shall not be deemed a third-party beneficiary of any contract between Gabb and Gabb’s supplier. We may accept the terms and conditions of partners and third parties on your behalf.
   9. Customer Data and Content:
      1. Customer Data (“Customer Data”) including call data, billing data, and any information and/or content or information accessed, generated, collected, or stored by use of the Device and/or Service in all forms that this content or information may exist, belongs to you, unless said Content is protected by proprietary or intellectual property rights of third parties, in which case you must not modify, rent, lease, loan, sell, distribute, or create derivative works based on any Content (either in whole or in part).
      2. This content that is accessible as part of or via the use of the Services (including audio and sound files, data files, images, music, photographs, videos, written and symbolic text, advertisements, or other sponsored content accessed at the sole discretion of the user) (“Content”) is the sole responsibility of the originator of such Content
      3. These terms do not give Gabb any rights to the Customer Data except for the limited rights that enable us to offer the Services. We need your permission to do things like host the Customer Data, back it up, and share it when you direct us to do so. You give us permission to perform these Services, and this permission extends to our affiliates and the trusted third parties we work with. If you terminate the Service, your Customer Data will be available to you for sixty (60) days.
      4. Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information.
      5. By using our Devices and Service, you acknowledge and agree that when required by law, it may be necessary for Gabb to share Customer Data and customer Content with government and law enforcement entities, including parties to civil lawsuits. Gabb will comply with subpoenas, court orders, lawful discovery requests, and other legal requirements. Gabb may also, at its discretion, provide customer information including the contents of text messages and call logs in cases of safety, a threat to a user’s physical safety, or as Gabb otherwise deems appropriate.
   10. Gabb OS™, Gabb Messenger™, and Gabb Safe Video Calling™ Gabb may (but is not obligated to) pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Services, including text messages, photos, and video. When you use Gabb Messenger™ or Gabb Safe Video Calling™. We may also flag certain Content screened as inappropriate, for your review. Additionally, we may collect, as part of your use of the Gabb Messenger services, data related to messages that are flagged or blocked.
   11. Music Service: The digital music service operated by Gabb (“Music Service”) and music, images, video, text, or other material available through the Music Service (“Music Service Content”) are solely for individual, personal, non-commercial use and You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for the content made available on the music Service, or rights that require a mechanical, synchronization or public performance or communication to the public license with respect to the underlying musical composition. Sale, rental, or other redistribution of the Music Service Content is prohibited, and You are not permitted to share with or transfer to others sound recordings accessed via the Music Service.
   12. Discontinuation of Service: We may decide to discontinue Service in response to unforeseen circumstances or events beyond Gabb’s control (for example, Acts of God such as a natural disaster, or fire), to comply with a legal requirement, or if our affiliates and trusted third parties can no longer support the Service. If we do so, we’ll attempt to give you reasonable prior notice so that you can export your Customer Data from our systems. Even though the account is canceled, you are liable for all charges accrued and billed through the date of termination. If you have prepaid for any service at the time of termination, you will be refunded the pro-rata portion of such prepayment upon termination.
   
   
6. Miscellaneous:
   1. Severability: If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect.
   2. Notices: Written notices to you shall be effective on the date deposited in the U.S. mail addressed to your address of record. Written notice to us shall be effective when directed to our Customer Service Department and received at our address of record. Your notice to us must specify your phone number. Oral notices shall be effective on the date reflected in our customer service system.
      
      Legal Department
      Gabb Wireless, Inc.
      2701 N Thanksgiving Way, Suite 500
      Lehi, UT 84043
      legal@gabb.com
      
      
   3. Choice of Law: This Agreement shall be interpreted and construed in accordance with the laws of the State of Utah, without regard to the conflicts of laws principles thereof. YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT USER MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES CONTEMPLATED HEREUNDER. The parties agree that for any matter requiring judicial intervention jurisdiction and venue will be the State and Federal courts of Salt Lake County, Utah.
   4. Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Utah or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
   5. No Class Action: YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST GABB AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST GABB, YOU AGREES THAT YOU SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION.
   6. Assignment: Gabb may assign this Agreement, but you may not assign this Agreement without our prior written consent.
   7. Contact: You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Service or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service-related notifications, or other such information.
      
      Gabb will use text messaging to keep in touch with you for things like:
      a. Welcome Notice
      b. Balance Alerts
      c. Activation Status
      d. Product Offers
      
      When you sign up for Gabb Services you are asked to OPT IN to receive these messages. These messages are free. You can also choose to not receive these messages.