Wireless Service Agreement
1. ACTIVATING YOUR SERVICE
To use Our Service, you will be provided with a free, latest style Smart Phone or Flip Phone that is compatible with our Service offered. When you activate your Service, you will be provided with a telephone number unless you elect to transfer (“port-in”) an existing telephone number you are using with another provider. In certain instances however, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service, including but not limited to, the Phone itself, and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice to you or authorization.
When you activate the Service, you are registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. Our Service can only be activated where Our Wireless Service offered and supported by affiliates. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Us or our Service Affiliate. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a Service Provided customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a Service Provided customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.
We may, at any time and without prior notice to you, modify, cancel, and/or deactivate your Service and/or take other corrective action, for any reason in our sole discretion, including, your violation of these Terms and Conditions of Service. Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.
All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service you agree that you are consenting to the latest Terms and current fees associated to the reactivation. Any Service which remains unused at the time of termination cannot be refunded or transferred.
We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to You for any conduct that we believe violates these Terms and Conditions including, but not limited to, the following:
(1) Using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards our representative, officer, employee, agent, or authorized retailer;
(2) Using your Service for any unlawful, fraudulent, or illegal purpose;
(3) Using your Service in any way that adversely affects the Service or the Carrier’s network;
3. SERVICE PLANS
Your Service will only operate after you have purchased and redeemed a service plan (“Service Plan”) and so long as you have service days left on your monthly plan cycle, your method of payment stays active and payment made on or before due date. Please visit our website at Cellular Service for the latest information regarding our Service Plans, including the amount of data provided by each Service Plan.
We offers “Individual” 30-Day Plans. Individual Plans support a single phone or wireless device (collectively “Devices”). You may add Shared Plans up to four (4) approved devices depending on the type of Service Plan you purchase. You may choose to use only one device with a Shared Plan and you may choose to add or remove additional devices provided you have purchased a Shared Plan capable of supporting the number of devices you wish to use with your Service. To establish Service for more than one approved device, you must first purchase a Shared Plan and then register each device you wish to use with your Shared Plan. Service will only work with devices that are compatible with our network. The person who established and controls the Account is the only person who may add or remove a device from a Shared Plan. Once you have purchased a Shared Plan that supports a specific number of devices and have registered the maximum number of devices for your selected Shared Plan, you may not add an additional device to your Account unless you remove a previously registered device from your Service Plan or upgrade to a Service Plan that supports additional devices.
PLEASE NOTE: Shared Plans have the same capability and access as any other services price rated as Shared.
4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. If your Service Plan comes with a fixed amount of high speed data, your data speed will be reduced to 2G speeds, as low as 64 kbps, for the remainder of your Service Plan cycle after you have reached your high speed data limit. Your data speed will be restored once your next Service Plan cycle begins unless you purchase a new Plan prior to the start of your next Service Plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio, video or web browsing. Data transmitted over Wi-Fi does not count against your data usage.
Depending on the Carrier network, Plans that come with high speed data also come automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of high speed data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering. You may disable the Data Optimizer feature at any time by contacting Customer Care. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution.
If your Service Plan does not come with a fixed amount of data you may purchase data (“Add-On Data Plan”) or you may upgrade to a Service Plan that includes data. If you purchased a Shared Service Plan, your data allotment may be used by a single device or shared by up to four devices until the maximum amount of data usage allowed by your Service Plan is reached. The amount of data you can access during your monthly cycle depends on the Service Plan or any applicable Add-On Data Plans you have purchased. Once you have reached the maximum amount of data usage allowed by your Service Plan, data services will no longer be available until your next plan cycle begins, unless you purchase a new Service Plan prior to the start of your next plan cycle or you purchase an Add-On Data Plan. Your data allowance will automatically reset once you start your new plan cycle. Once you start a new plan cycle or if you upgrade a Service Plan prior to the end of your plan cycle, you will lose any unused data services and service days remaining on your current Service Plan (except for any data obtained by purchasing an Add-On Data Service Plan). You will not receive a refund or credit for any data or service days you lose once a new plan cycle begins.
Service End Date : The Service End Date on your Service Plan is the last day of your 30-Day plan cycle. Your Service End Date is determined by the date on which you activate your Service with us. If you have a Service Plan with multiple approved devices, your Service End Date is determined by the date on which each Approved Device was activated to use our Service. Thus, any devices that are activated subsequent to the day on which your first device was activated to use our service will remain the same date. If you fail to purchase a new Service Plan prior to your Service End Date, your Service will be deactivated on the Service End Date and, if applicable, you may lose your phone number or numbers. To prevent this from occurring, please keep your account active by maintaining an Active Payable Debit/Credit Card for automatic (Reoccurring Payment) before your Service End Date. If you choose to apply the Service Plan at the time of purchase you will lose any unused data remaining on your Service Plan. The Provider reserves the right to deactivate any Wireless account for which there is no voice, text or data usage for a period of three (3) consecutive months regardless of auto-pay. If your service is deactivated, your Service can be reactivated by purchasing a current Service Plan. Once reactivated, however, your device may be assigned a new phone number.
Add-On Data Plans: The Provider offers you the option of purchasing additional data to supplement the data allotment provided by your monthly Service Plan. Data provided by an Add-On Data will increase the total amount of data available under your Account and may be shared by multiple devices if you have a Shared Service Plan. Any data you have purchased through an Add-On Data Plan will not be used until you have completely exhausted the data allotment provided by your Service Plan. Data purchased through an Add-On Data Plan is not forfeited at the end of your monthly plan cycle and may continue to accrue or rollover until it is completely used or your Account is inactive for more than thirty (30) days and/or deactivated.
Auto-Pay : You will be enroll in Auto-Pay Monthly Service Plan by registering your credit or debit card online at the Provider's website by PayPal.com or Square.com through the selected Service Plan. With Auto-Pay, a new Service Plan will be automatically generated and added to your Account each month on your Service End Date and your credit or debit card will automatically incur the monthly charge for the cost of the Service Plan you elect to purchase on a recurring basis.
Service Plans have no cash value and are non-refundable. Service Plans cannot be transferred or redistributed to Another Provider Account nor can they be used with or transferred to any other wireless provider or cellular service provider.
4. TEXT MESSAGING
The Provider does not generally participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than Wireless Carrier. Premium SMS campaigns include casting a vote, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS services or campaigns other than those authorized by The Wireless Carrier. Any text message you send to a “short code” not authorized by either carrier will likely fail. However, any charges you may incur as a result of your attempts to participate or a successful texting in Premium SMS services or campaigns not authorized by Wireless Provider are nonrefundable and billed at the current rate at the time thereof.
5. INTERNATIONAL LONG DISTANCE
The Provider offers its customers international long distance service (“ILD Service”) as an additional feature to our customers by purchasing a Global Calling Plan, which can be used with Plan. You may add or refill your ILD Service balance in increments by purchasing a Global Calling Plan from directly by calling Customer Care or visiting our website. Your ILD Service will only work when Our Service that is active and when you have a positive balance in your Account. If you have purchased a Global Calling Plan, you will not be limited in the number of destination numbers you may call. However, the Provider phone number you provide when purchasing a Global Calling Plan will be the only number that is permitted to dial internationally. You will not be able to transfer your ILD Service to another phone number. Refunds for the Global Calling Plans are subject to Customer Care review and only the remaining balance can be refunded to Account Balance (Credit to next Statement Balance).
(1) If not installed: You will be required to download an International App
(2) With a Global Plan, you can call any International Destination
(3) May be added to your current service plan at any time.
(4) You can purchase more than one plan and add them to any phone number in your account.
(5) Your balance is carry over to the next service month.
(6) This is not a monthly plan and only provides International Long Distance minutes; this plan does not provide roaming service
(7) Plan expires 30 days after your Last Day of Service or 180 days after the last use.
The applicable rates to specific countries, regions or cities for customers who have purchased a Global Calling Plan are available by visiting International Rates by Country. All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. The Global Calling Plan expires 180 days after last use or 30 days after your Service is suspended. You are responsible for preventing the unauthorized use of your Account and the Service, and You are responsible for any reduction in value of your Account arising out of authorized and unauthorized use.
The ILD Calling Plan may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with Us or the Wireless Carrier. ILD Service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service. No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.
The ILD Calling Plan is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.
Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call. You are responsible for safeguarding your ILD Service and Account information. The Provider is not responsible for and will not issue credit for unauthorized use.
6. DATA SERVICES
Some of our Plans also provide data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including but not limited to,
(1) Opening or using an internet browser or app in any way, including, but not limited to app installations and updates,
(2) Sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or
(3) If data access or a data connection is initiated in any other way or for any other purpose.
Some apps, content, programs, and software that you download or that come pre-loaded on your phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network, and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high speed data provided by the Plan you purchased whenever your phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your phone, will count against your data balance.
Not all of the online content which is accessible to one using Cellular Data Services is intended for children. In the event that you, as a legal guardian allow your child to use your Cellular Phone and Cellular Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites. You acknowledge and agree to hold The Provider and its Affiliates harmless of such actions by you or anyone who uses the Cellular Data Services in violation herein, ("Harmless Action")
Availability, Interruptions, and Discontinuation to Data Services. The Provider or Wireless Carrier does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice. The Provider or Wireless Carrier is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, The Provider will not provide you with a refund for any remaining used or unused Data Services.
7. UNAUTHORIZED USE OF SERVICE
(1) Your Service (i.e., voice, text, or data services) and any phone using may only be used for the following purposes:
(1) Person to person voice calls, text, and picture messaging; and
(2) Personal web browsing, email, ordinary content downloads and uploads, video and audio streaming without excessively contributing to network congestion;
(2) Your Service and any phone using may not be used for any unauthorized uses that may adversely impact other customers using our Service or the Carriers’ networks. Examples of some unauthorized uses include, but are not limited to, the following:
(1) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or
(2) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;
(3) automated text or picture messaging;
(4) uninterrupted and continuous uploading, downloading, or streaming of audio or video;
(5) as a server device or to host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing;
(6) as a substitute or backup for private lines or dedicated data connections;
(7) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers unless such use is allowed under your Plan.
A customer engaged in any unauthorized use may have their Service suspended or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect a Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using it in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is abnormally high, or harmful, or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.
A coverage map may be available on our website. Coverage maps are for general informational purposes only and depict the general coverage area. The Provider does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee Service availability, and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower Data Service and data speeds or no Data Service or data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if Service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on The Provider coverage maps is based on the information provided by other Carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary or change based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. The Provider is not responsible for any Wireless Carrier Service outages, interruptions in Service or decline in the quality of Service regardless of the cause.
It is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one Wireless Service Provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, The Provider does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, The Provider reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period. International roaming is not offered by The Provider and is strictly prohibited.
9. WI-FI CALLING
Wi-Fi Calling is available only on phones that are Wi-Fi Calling capable. Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.
Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address by contacting Customer Care at 1-731-736-0290. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.
Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.
TTY Limitations for 911 Calls : Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either
(1) calling 911 directly using a TTY over the cellular network or from a landline telephone,net,
(2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device,
(3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or
(4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.
10. EMERGENCY CALLS
If you are in an area where your Wireless phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Wireless Carrier Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
11. DISCLAIMER OF WARRANTIES
JEFFERY G DOUGLAS PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT JEFFERY G. DOUGLAS. D/B/A THE PROVIDER WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION 12 (LIMITED WARRANTY), THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE. You acknowledge and agree that use of any Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Our control. Not all Products or Services (including Plans) are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted, suspended, or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. The Provider does not warrant or guarantee the availability of the Service or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither The Provider, nor any Carrier, shall have any liability for Service failures, outages, interruptions, delays, or limitations of Service. All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. At any time, The Provider reserves the right to substitute and/or replace any Product or Service with another Product or Service of comparable quality.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL JEFFERY G. DOUGLAS D/B/A THE PROVIDER OR ITS EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS WILL BE LIABLE TO YOU OR OTHER USERS OF YOUR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR ENHANCED DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES CLAIMED FOR LOSS OF PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION) HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED). WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, THE PROVIDER, ITS EMPLOYEES, VENDORS, SUPPLIERS, AND LICENSORS LIABILITY SHALL BE LIMITED TO U.S. $50. You agree that neither we nor our employees, vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from:
(1) Any Product or Service provided to you by or manufactured by a third party;
(2) Any act or omission by another party;
(3) Providing or failing to provide a Service, including, but not limited to, deficiencies or problems with a phone or Service coverage (for example, dropped, blocked, interrupted Service, etc.);
(4) Accidents or any health-related claims arising from or related to our Products or Service;
(5) Content or information accessed on your phone while using our Products or Service;
(6) An interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise;
(7) Interrupted, failed, or inaccurate location information services,
(8) Content or information that is blocked by a spam filter,
(9) Damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or
(10) Things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
13. UNAUTHORIZED USE OF PRODUCTS
Our Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of the Cellular Phone constitutes a violation of your agreement with Us and will invalidate the Limited Warranty associated with your phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your cellular phone in a manner which conflicts with Provider’s Unlocking Policy referenced herein. You also agree not to use unauthorized PINs associated with Provider Plans or engage in any other unauthorized or illegal use of your The Provider Product or the Service, or assist others in such acts, or to sell and/or export outside of the United States. Any attempt to unlock your Cellular Phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Cellular Phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your Our Product may result in the immediate suspension or termination of your Service without notice and legal action may occur. The Provider and other affiliates will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your Cellular Phone shall entitle The Provider to recover liquidated damages from you in the amount of not less than $5,000 per Cellular Phone Provided, sold, acquired or used in violation of this provision. For more information about the unauthorized use of Cellular Phones refer to www.stopcellphonetrafficking.com .
If your Cellular Phone has a SIM Card or if you have purchased a SIM Kit, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, directly or indirectly, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of your SIM card or to allow any other person to do so. Any violation of the restrictions on the use of your SIM card that are contained in this Section may result in the immediate termination of your Service without notice. The Provider and its Wireless Carriers or other service affiliate providers, may, from time to time, remotely update or change the encoded information on your SIM Card with or without notice.
In the event of termination for any other unauthorized usage, you will forfeit unused Service and you will not be entitled to receive a refund for such unused Service.
You agree to indemnify and hold harmless Jeffery G. Douglas, d/b/a The Provider and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party including the costs, expenses, and attorneys’ fees on account thereof arising from or related to your use of our Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
15. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-731-736-0290. Before taking any formal action, You agree to first contact us and provide a description of your dispute, all relevant documents, and Your proposed resolution. If we are unable to resolve Your dispute within thirty (30) days of Your notice to us, You agree to submit Your dispute to binding arbitration or small claims court as set forth in this provision. Please forward Your dispute to:
Legal Department-Consumer Claims,P. O. Box 93Jackson, TN. 38302-0093.
Please Allow 15 workings days for delivery and processing.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND JEFFERY G. DOUGLAS FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT. This provision is intended to encompass all disputes or claims arising out of Your relationship with Jeffery G. Douglas, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and Jeffery G. Douglas include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Jeffery G. Douglas by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.abr.og, by calling the AAA a 1-800-778-7879, or by contacting Jeffery G. Douglas' Legal Department as set out above. You and Jeffery G. Douglas agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and Jeffery G. Douglas agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and Jeffery G. Douglas agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Jeffery G. Douglas will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be paid by You in accordance with AAA Rules. Additionally, Jeffery G. Douglas hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where Your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If Jeffery G. Douglas made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds in Your favor in any respect with an award that is greater than the last written offer made to You by Jeffery G. Douglas, Jeffery G. Douglas will pay You the amount of the award or a minimum of $1,000, whichever is greater. Additionally, Jeffery G. Douglas will pay Your attorney the reasonable expense of attorney’s fees as well as reimbursing any expenses that Your attorney reasonably incurs for investigating, preparing, and pursuing Your claim. If Jeffery G. Douglas opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $1,000 if the arbitrator finds in Your favor and that Jeffery G. Douglas will reimburse Your reasonable attorney’s fees. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and Jeffery G. Douglas agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless You and Jeffery G. Douglas agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of Your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Jackson, Madison County, Tennessee, unless You and Jeffery G. Douglas agree otherwise. Either parties or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State Tennessee where The Provider resides to the dispute.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and Jeffery G. Douglas waive to the fullest extent permitted by law,
(1) Any right to pursue any claims on a class or consolidated basis and
(2) Your right to serve in a representative capacity in any class or consolidated basis.
Neither You nor Jeffery G. Douglas shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
In the event that any claim proceeds in a court of law rather than through arbitration, You and Jeffery G. Douglas agree that there will not be a jury trial. You and Jeffery G. Douglas unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and Jeffery G. Douglas further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH JEFFERY G. DOUGLAS AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OUT OF THIS PROVISION BY WRITING TO US,
CONSUMER CLAIMS,P. O. BOX 93,JACKSON, TN. 38302-0093 .
ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
17. CHOICE OF LAW
This Agreement shall be construed under the laws of the State of Tennessee without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of TENNESSEE.
18. ENTIRE AGREEMENT
This Agreement, Notices, Limited Warranty, Return Policy, Unlocking Policy, and any additional terms and conditions (to the extent applicable) constitute the entire Agreement between You and The Provider (Us) with respect to any Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms, nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
19. RETURN POLICY
Other Retail Store Purchases . If you purchased any Cellular Products or a Cellular Phone from another retailer or wireless dealer by phone, online or in person, The Provider will not process or honor the return of the Wireless Phone or Product sold to you. Your Cellular Products or Cellular Phone is subject to retailer’s return policy and to determine whether your purchase is eligible for return, you will needed to contact the retail where you originally made your purchase.
View the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase. The Provider does not allow returns or provide refunds for any Activation Kits or Plans you have purchased directly or indirectly.
To be eligible for Return, then it must meet the following requirements: To process a return, you must follow the return instructions that came with your phone and pay for the shipping cost for returning the phone.
To the extent available;
(1) Thirty (30) days from the date your phone was delivered to you
(2) The phone is not from another retailer or wireless dealer
(3) You must return the phone in like new, working condition,
(4) Returned in the original manufacturer’s packaging with all included accessories, including device, battery, charger, and manual.
(5) The phone must not have any liquid or physical damage.
(6) You are responsible for the mailing fee
(7) Enclose a legible copy of your receipt.
If your return meets the above requirements and you have requested to cancel your service, please be advised that there is no refund if Payment was made prior to the return of the Celluar Phone. This includes any remaining days of the Current Plan. The Provider will not return any ineligible devices to the Sender if shipped to us unless the Sender provides a Self-Addressed, Return Postage Paid Envelope upon notification of non-acceptance. NOTICE: If any accessories are missing, has physical or liquid damage or the device is not in like-new condition, your shipment will not be accepted and a credit will not be issued.
20. LIMITED WARRANTY
The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage.
To the extent available;
(1) Thirty (30) days from the date your phone was delivered to you
(2) The phone is not from another retailer or wireless dealer
(3) You must return the phone in like new, working condition,
(4) Returned in the original manufacturer’s packaging with all included accessories, including device, battery, charger, and manual.
(5) The phone must not have any liquid or physical damage.
(6) You are responsible for the mailing fee
(7) Enclose a legible copy of your receipt.
(8) The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from Provider. Upon request from Provider, the Purchaser must prove the date of the original purchase of the Product. (Recommended Enclosing) a copy of a dated bill of sale or dated itemized receipt.
(9) During the limited warranty period, Provider will replace or repair all wireless Phones, at Provider’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Provider may replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.
(10) The limited warranty does not cover, all service outages by Tower Carrier Provider, all service usage lost during shipping time to and from Purchaser, loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content.
(11) The limited warranty does not cover, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, any non-operative parts, and Purchasers modifications.
(12) The limit of liability under this limited warranty is the actual repair or replacement of the Product, less reasonable amount of normal usage, at the time the Purchaser returns the Product for repair or replacement.
(13) Provider shall not be liable for any other losses or damages outside of normal usage and less reasonable amount of usage. These remedies are the Purchaser’s exclusive remedies for breach of warranty.
(14) The Purchaser shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
(1) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Provider, including damage caused by shipping.
(2) All service outages by Tower carrier provider,
(3) All service usage lost during shipping time to and from Purchaser, (4) The Product has been damaged from external causes such as collision with an object, fire, flooding, sand, dirt, windstorm, lightning, earthquake,
(5) Damage from exposure to weather conditions, ( An Act Of God )
(6) Battery leakage as a result of improper use of any electrical source,
(7) Blown fuse or Internal damage as a result of improper use of any electrical source,
(8) Damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancel bots,
(9) Damage caused by the connection to other products not recommended for interconnection with phone.
(10) Provider was not advised in writing of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period. (11) The Product serial number plate or the enhancement data code has been removed, defaced or altered.
(12) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product by purchaser.
(13) The Product is outside of the limited warranty period.
(14) The Provider shall not be liable for
(1) Delay in rendering service under the limited warranty,
(2) Loss of use of the service during the period that the product is returned for replacement or repair
(3) The loss or unauthorized use of:
(1) Customer passwords,
(2) Personal information,
(8) Ring tones,
(9) Any other content installed by Purchaser
(15) The Provider neither assumes nor authorizes any authorized service center or any other person or entity to assume for it, any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement. If you purchased additional warranty out-side-of the Provider, the customer must contact that provider directly.
(16) This is the entire warranty between Provider and the Purchaser, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
(17) This limited warranty allocates the risk of failure of the Product between the Purchaser and Provider. The allocation is recognized by the Purchaser and is reflected in the purchase price. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights provided by the State of Tennessee Only.
21. REPLACEMENT WARRANTY
All phones are covered by the limited warranty as set forth in 20. Limited Warranty above after the IMEI Number is verified.
To the extent available;
(1) Current warranty under purchase date
(2) McAfee Warranty ( Active McAfee Security Only )
(3) Damage Warranty ( Limit 1 Per Year without Exchange Fee )
(4) Lost ( Limit 1 Per Year if Untraceable without Exchange Fee )
(5) Stolen ( Limit 1 Per Year if Untraceable without Exchange Fee )
This warranty is limited to One (1) Per Year without occurring an Exchange Fee. After the warranty claim, their is an Exchange Fee of not more $60 per claim for excessive Damage, Lost or Stolen Claims. You may purchase extended coverage if necessary.
22. McAfee Security Protection:
Software is Not Available without Internet ServiceSoftware May Be Unavailable on Flip-Phones
McAfee is a Security Protection Software against malicious attack and other hacker risks. The primary purpose of security software (as oppose to securing software) is to help detect and (sometimes) mitigate against security attacks. For example: anti-virus, firewalls, intrusion prevention systems, breach and attack simulation etc. The main purpose of antivirus (AV) software is to detect, neutralize or eradicate malware (malicious software). AV software not only will identify and destroy the computer virus, but it's also designed to fight off other kinds of threats such as phishing attacks, worms, Trojan horses, root kits and more that runs on your computer without your knowledge. The main purpose of Security, in information technology (IT), is the defense of digital information and IT assets against internal and external, malicious and accidental threats. This defense includes detection, prevention and response to threats through the use of security policies, software tools and IT services. In addition, To protect users and data, application security has become an important consideration for businesses globally. When it comes to creating and releasing an app, developers must continually monitor, fix and prevent security vulnerabilities.
If McAfee is installed on your Phone, The following terms apply:
(1) There is a Preset Master Security Password and E-Mail for updates and notification, therefore, you do not have direct access to any Setting or the Account itself.
(2) You are not allowed to change or modify any setting or configurations, ( This is done during installment and any required updates )
(3) You are not allowed to disable or delete the Software ( In doing so, Voids all warranty, exchange, and replacement no acceptance ),
(4) You must insure that the Software remains updated, ( This should already be set to Auto-Update, but may require you to start the update ),
(5) You are responsible for Notifications and complying with such requirements as needed to protect the phone security and warranty, ( Failing to comply will void the warranty, exchange and replacement )
(6) Our Phones are protected by McAfee Security Features that can recover the phone as long as it is active. The Phone's last location is recorded and reported to our Master Software even if the phone goes dead or is turned off.
(7) Reporting the Phone as:
(1) Lost: We will activate the Security Feature locking it and if the phone is Operating, cause the phone to Ring and Take Pictures until recovered or Completely locked until recovered by you are returned
(2) Stolen: We will activate the Security Feature locking it and if the phone is Operating, cause the phone to Ring and Take Pictures until recovered. If we are unable to locate and recover the Phone, we will activate the Security Locking Feature which will lock the phone completely requiring a Master Reset Code to unlock. If we are unable to recover the Phone, the Security Feature will be activated locking the system which will render the Phone Inoperable by Wiping and Resetting the phone back to Factory Settings once turned back on. If you locate your phone after this Security Features is Activated, DO NOT TURN the phone back on until you have contacted us.
23. UNLOCKING POLICY
(1) For Customers using our service with Phones Capable of Being Unlocked : We will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(1) Customers must request phone unlocking. The Provider will unlock phones of current and former Provider customers without charge. Non-former customers may request unlocking, but Provider may charge a reasonable fee determined at time of request, estimated $20.
(2) Your service must have been activated for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.
(3) Customers must possess a Provider phone that is not reported stolen, lost, associated with fraudulent activity, or delinquent account (customer not in good standing).
(4) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Provider will honor that customer’s unlocking request.
(5) McAfee Locking or Unlocking: The Provider deploys the use of McAfee Security System to lock or unlock Wireless Phone as noted in (3) above for customer protection.
(6) Provider phone that are free will not be unlock unless prevision (4) is met or the Customer purchases the Free Phone at current cost, including normal usage, at time of request, estimated $50.
(2) For Customers with Phones not Capable of Being Unlocked : Provider will provide its customers with a 10% refund not more than $50, against the purchase of another Cellular Carrier Service transfers if they meet the following conditions:
(1) Customers must request phone unlocking and unlockable.
(2) Customers must have had their locked device activated no fewer than 18 months, redeemed air time no fewer than 12 months, and not have had their telephone number recycled or ported.
(3) Customers must request this interim unlocking solution while their Service is active or within 30 days after their Service expires.This 30-day grace period applies even if the customer’s telephone number was recycled or ported.
(4) Customers must currently own, (not provided a free) Provider phone model launched on Provider’s Service Plan afterOctober 1, 2019.
(5) Customers must possess a Provider phone that is in working condition.
(6) Customers must possess a Provider phone that is not reported stolen, lost, associated with fraudulent activity or account is delinquent(customer not in good standing).
(7) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, Provider will honor that customer’s unlocking request of the locked phone returned by the customer without regard to the 12 and 18 months of service activation ( 2 above) and Service Plan redemption eligibility requirements. However, all other eligibility criteria apply to Provider’s customers who are deployed military personnel.
(8) Customers are eligible for this program only once every twelve (12) months.
(9) McAfee Locking or Unlocking: The Provider deploys the use of McAfee Security System to lock or unlock Wireless Phone as noted in (6) above for Customer protection.
(10) Provider phone that are free will not be unlock unless prevision (4) is met or the Customer purchases the Free Phone at current cost, including normal usage, at time of request, estimated $50.
Customers who would like to check if they are eligible for an unlocking request can do so by calling 1-731-736-0290. Provider may refuse any unlocking request that would result in an abuse of its Unlocking Policy, is part of an effort to defraud Provider or Customer, or account in delinquent standing (Customer not in good standing) with Provider. Provider’s Unlocking Policy is subject to change at any time without advance notice.