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Terms and Conditions

Important Service/Product Specific Terms
Effective December 2, 2016

These terms are subject to the Access Wireless General Terms and Conditions.  Prices, rates, offers and programs are subject to change without notice, may not be available with all devices or in all markets/retail locations, or combinable with promotions/options.  Monthly service charges are not refunded or prorated if service is terminated or modified before your next payment date.  Unused monthly service allotments, including, but not limited to, plan minutes, messages or data allotments, expire at the end of each monthly plan period or when a customer switches service plans and do not carry forward.  Partial minutes of use are rounded up to the next whole minute.

Nature of Our Service.   Access Wireless is brought to you by i-wireless LLC on the Sprint-owned network and is a Lifeline Assistance program supported by the federal Universal Service Fund program (“Lifeline Assistance”). Access Wireless service is limited to eligible customers, subject to continued verification and is non-transferable. Only one Lifeline Assistance benefit (wireless or wireline) per household is allowable. The primary use of your device must be for domestic purposes within the Sprint-owned network and for other purposes outlined in our offers. Domestic means use in the 48 contiguous states, Hawaii, DC, Puerto Rico and the Virgin Islands. Consumers who make willful false statements to obtain benefits may be punished by fine or imprisonment or may be barred from the program.

Messaging (text, picture, video, email and IM):  Domestic and international rates are subject to change. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. International: International calls are charged at the per-minute rate for the country being called plus your standard airtime rate. International long distance rates vary & are subject to change without notice.  (Visit accesswireless.com for current rate information.)  GPS Navigation:  Environment may limit GPS location information.  Third Party Products and Services:  Access Wireless devices provide the ability to purchase from Third Parties (not Access Wireless) mobile apps and other digital content/services, tangible goods, and to make donations.  Payments for purchased mobile content are deducted from the account balance and charges display in the online account.  You can block the ability to make purchases at no cost by calling Customer Care.  Local phone numbers may not be available in certain markets.  Additional fees may apply for phone number or equipment change requests processed by customer service.  You can request to change your phone number one time per day and up to three times each year.  You may check your balance at any time free of charge online at accesswireless.com or from your mobile phone.  Your account history is available online for 60 days unless you switch service options. 

Adding Funds to Your Account.  You must add money to create a cash balance in your Access Wireless account to pay for monthly plan options, data services (e.g. third-party content) or for wireless usage after the free monthly Lifeline credit has been exhausted. If you have a  sufficient balance in your account, you will be charged $0.05 for each additional minute, or text and $0.10 for each additional megabyte of data.  Funds can be added using one of Access Wireless’ Payment methods (credit, debit, PIN or Airtime/Top-Up card). A minimum of $25/transaction is required when using a credit or debit card.  Customers can add a maximum of $50/transaction to their accounts in a single transaction to their accounts and up and until the customers total account balance exceeds $400.  Funds cannot be used for any other wireless service. Adding funds through Access Wireless customer service may result in processing fees. State and local sales taxes and fees may apply when adding funds to your account.

Payments & Chargebacks.  Your payment date (when applicable) is the date you subscribe to one of our paid-for plans. We will first attempt to deduct payment for monthly services from your account balance and then will apply the charge to any registered payment method on file with Access Wireless. We reserve the right to suspend service for up to 30 days if a credit card or debit card charge we deem authorized for your account is disputed. If a chargeback is not resolved/reversed at the end of the 30-day period, the account will be deactivated and remaining funds in the account will be lost. We may terminate service for multiple chargebacks or require that funds be added solely by Top-Up.

Account Activity Requirement.  You must actively use your Access Wireless service.  If you do not make or answer a voice call, send a text message, use data or purchase minutes at least once during any 30-day period, Access Wireless will provide you with notice of inactivity to inform you that you must use the service in 15 days or be de-enrolled.  If you receive a notice of inactivity, you must make or answer a voice call, send a text message, or use data at least once during the 15-day period following the notification or confirm that you would like to continue receiving Lifeline service in order to remain eligible and avoid termination of your Access Wireless Lifeline service.

Maintaining Eligibility & Service.  You will receive Lifeline service from Access Wireless as long as you meet and continue to verify the Access Wireless eligibility requirements. If Access Wireless has reason to believe that you are no longer eligible to receive your Lifeline benefit for any reason, including but not limited to instances in which (1) You have notified us of your ineligibility; (2) You have failed to respond to a request by Access Wireless to confirm your eligibility and/or address by the response date provided; (3) You have responded to a request by Access Wireless to confirm your eligibility, but failed to submit adequate proof of your eligibility status; or (4) A state or federal agency alerts Access Wireless to your ineligibility, Access Wireless will notify you of impending termination of your Access Wireless Lifeline service. You will have 30 days to respond to a notice of impending termination, except that you will have 60 days to respond to a request for annual certification of Lifeline eligibility.   Confirmation of eligibility must occur during this period or your Access Wireless Lifeline service will be terminated.  If your eligibility is not confirmed prior to the end of the applicable period following notification of inactivity or impending termination, you will lose any free monthly minutes.

Benefit Port Limitations. If your service includes federal Lifeline-supported broadband Internet service, other than under some limited FCC-mandated exceptions, you may not port your benefit from one Lifeline provider to another until you have been a subscriber with your original provider for at least 12 months from your service initiation. If your service is a federal Lifeline-supported voice service, other than under some limited FCC-mandated exceptions, you may not port your benefit from one Lifeline provider to another for at least 60 days from your service initiation.

If you de-enroll from Lifeline services within the applicable time period (12 months or 60 days, depending on the service), you may not enroll in Lifeline service with any other Lifeline provider until the applicable time period is over, unless one of the following exceptions is met:

(1)   You move residential address;
(2)   Company ceases operations or otherwise fails to provide service;
(3)   Company has imposed late fees for non-payment related to the supported service(s) greater than or equal to the monthly end-user charge for service; or
(4)   Company is found to be in violation of the FCC’s rules during the benefit year and you are impacted by such violation.

After the benefit port freeze period expires, you may remain with Company on a month-to-month basis or select a new provider, which will trigger a new benefit port freeze period. The benefit port freeze does not limit your ability to switch between Company Lifeline service plans (as applicable) or add minutes or data.

Using Access Wireless Services after Termination of Lifeline Service.  You can continue to use Access Wireless service as a prepaid service after termination of Access Wireless Lifeline service if you have a sufficient balance in your account.  Prepaid plans are subject to the Terms and Conditions for i-wireless prepaid service.  For 90 days after termination of Access Wireless Lifeline service, if you have a sufficient balance in your account, you will be charged $0.05 for each additional minute or text and $0.10 for each additional megabyte of data.  Expired Accounts:  After the end of this 90 day-period, your account will expire, and we will deactivate your service. If your account expires or is terminated, you will lose your phone number, and Access Wireless will assess you a termination charge equal to the value of the balance in your account.

Prohibited Network Uses.  To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another Access Wireless or i-wireless customer's use of our service or disproportionally impacts Access Wireless/i-wireless’ network resources. Access Wireless reserves the right, without notice or limitation, to terminate individual calls, or after providing notice to you, offer you a different service plan with no unlimited usage components, limit data throughput speeds or quantities, or deny, terminate, end, modify, disconnect or suspend your service, or decline to renew your service, if you engage in any of the prohibited voice or data uses detailed below or if Access Wireless, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.  Examples of Prohibited Voice Uses:  Access Wireless voice services are provided solely for live dialogue between, and initiated by, two individuals for personal use & as otherwise described in this policy. Access Wireless voice services may not be used for any other commercial purposes including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals.  Examples of Prohibited Data Uses:  Access Wireless data services are provided solely for purposes of web browsing, messaging, and similar data activities. You may not use the data service: (1) with server devices or host computer applications or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable “bots” or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical web usage behaviors; (5) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties' Internet-based resources; and (6) for any other reason that, in our sole discretion, harms our network.

UNLIMITED USE PLANS.  Unlimited does not mean unreasonable use.  If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these Access Wireless/i-wireless Prohibited Network Uses and Access Wireless General Terms and Conditions. Network Management and Performance:  Access Wireless telecommunication services are provided on the Sprint network. For important information on Sprint’s network management tools, policies and other related information, please visit www.sprint.com.

Phone Information and Return Policy.  Access Wireless phones are provided free of charge or can be purchased from Access Wireless/i-wireless or authorized retailers.  Phone models are either new or refurbished based on inventory availability or available plans.  Devices may vary depending on inventory. Devices purchased directly from Access Wireless or i-wireless can be returned within 14 days of purchase. Customer may return the complete, undamaged device in its original packaging and all of its components along with the original receipt. Devices purchased from other retail locations are subject to the other location’s return policy.

A defective Access Wireless phone may be returned within 14 calendar days from the date in which the phone was received. All equipment must be complete and returned in the original packaging and in good condition to be eligible for a comparable replacement.

Contact Customer Care to obtain a Return Authorization Number at 1-866-594-3644. This return authorization number must appear on the outside of the shipping package for your return to be processed correctly.

i-wireless LLC Attn: Returns Manager Return Authorization Number ________________, 1 Levee Way; Suite 3104 Newport, KY 41071.  

Include your name, address, home phone number and return authorization number on the original packing list.

The credit card used at the time of purchase will be credited 10-15 days after the returned handset is received.  Equipment purchased online beyond 14 days from the date that the equipment is received is not refundable.

All mobile phones purchased directly from a Kroger-owned retail location, online at www.krogeriwireless.com, or provided to you through our Lifeline Assistance program include a one-year warranty from the original equipment manufacturer. If you experience a handset malfunction, call Access Wireless at 1-866-594-3644. Defects due to misuse or abuse are not covered under any warranty.

State Dispute Resolution Information.  Unresolved questions or complaints regarding Lifeline service may be directed to the following state offices or agencies:  Colorado: Colorado Public Utilities Commission, Consumer Affairs, 1560 Broadway, Suite 250, Denver Colorado 80202, Phone 303-894-2070 or 800-456-0858, FAX 303-894-2432, email PUCconsumer.complaints@ dora.state.co.us. Georgia: Georgia Public Service Commission’s Consumer Affairs Unit at 404-656-4501. Kansas: Kansas Corporation Commission, Office of Public Affairs and Consumer Protection, at KCC - Consumer Protection, 1500 SW Arrowhead Road, Topeka, KS 66604 or toll-free 1.800.662.0027 or in Topeka 785.271.3140. Hearing or speech impaired TDD Kansas Relay Center 1.800.766.3777. Pennsylvania: PA Public Utilities Commission, Bureau of Consumer Services, P.O. Box 3265, Harrisburg, PA 17105-3265 or call 1-717-783-1740 or toll free 1-800-692-7380.  Oregon:  Oregon Public Utility Commission, Oregon Telephone Assistance Program, P.O. Box 2148, Salem OR 97308 or call 1-800-848-4442.  Washington: Washington State Office of Attorney General, Consumer Protection Division at 1-800-551-4636.

Telecommunications Relay Services (TRS)

Telecommunications Relay Service (TRS) permits persons with a hearing or speech disability to use the telephone system via a text telephone (TTY) or other device.  If you want to call someone using TRS, use your TTY or dial 711 on your mobile device and you will be automatically connected to a TRS operator.  711 is a toll-free, nationwide relay access number.  You may dial 711 from anywhere in the United States and be connected to the relay service in the state you are calling from.  Once connected to the relay service, tell the Communications Assistant the type of relay call you wish to make.  (i.e. TTY, HCO, VCO, STS, Spanish, etc.).  711 dialing access does not work for Video Relay Service (VRS), Internet Protocol (IP) Relay, or Internet Protocol Captioned Telephone Service (IPCTS) relay calls because such calls are initiated through the Internet.  For emergencies, you should dial 911.  To learn more about 711, visit http://www.fcc.gov.guidelines/711-telecommunications-relay-service.  To learn more about other types of TRS, visit http://www.fcc.gov.guides.telecommunications-relay-services.trs.

ACCESS WIRELESS RATES  (All States except California)

Plans effective 12/2/2016

Free Talk, Text & Data Plan:  Includes 500 MB Data, Unlimited Text Messages and 350 Voice Minutes each month.

Free Talk & Text Plan:  Includes 500 Free Voice Minutes, Unlimited Text Messages and 50 MB data each month. 

Free Talk, Text & Data Plan with State Funds (KY, NE, OR with smartphone only):  Includes 500 MB Data, Unlimited Text Messages and 350 Voice Minutes each month.

Free Talk & Text Plan with State Funds (KY, NE, OR with feature phone only):  Includes 750 Voice Minutes, Unlimited Text Messages and 50 MB data each month.

Top-Up Options are valid for 30 days with compatible plan: 

$5

$10

$25

$35

$50

250 Voice Minutes

500 Voice Minutes

Unlimited Talk for 30 days

Unlimited
Talk for 30 days

Unlimited Talk for 30 days

250 MB Data

500 MB Data

1 GB Data

2.5 GB Data

4 GB Data


Minutes, texts or data added
as a result of a top-up payment will be used after the monthly Lifeline credit has been exhausted.  Any unused minutes, texts or data will last for 30 days from the date that the funds were applied to the account.

Free Tribal Resident Plan (OK, WA, ID only):  Includes Unlimited Voice Minutes, Unlimited Text Messages and 1.5 GB data each month. 

Tribal Plan Top-Up Options are valid for 30 days with compatible plan: 

$5

$10

$25

$35

$50

500 MB Data

1 GB Data

2.5 GB Data

 

3.5 GB Data

5 GB Data

­­­­­­­­

Data added as a result of a top-up payment will be used after the monthly Lifeline credit has been exhausted. Any unused data will last for 30 days from the date that the funds were applied to the account.

Access Basic Non-Lifeline Plan:  $0.05 per Voice Minute or Text Message (sent or received) and $0.10 per Megabyte of data.  Rates subject to change. 

Access Basic Non-Lifeline Plan Top-Up Options are valid for 30 days with compatible plan: 

$5

$10

$25

$35

$50

100 Voice Minutes

250 Voice Minutes

500 Voice Minutes

 

Unlimited Talk for 30 days

Unlimited Talk for 30 days

­­­---

Unlimited Text

Unlimited Text

Unlimited Text

Unlimited Text

100 MB Data

250 MB Data

750 MB Data

1 GB Data

2.5 GB Data


Any unused minutes, texts or data will last for 
30 days from the date that the funds were applied to the account.

________________________________________________________________________­ 

General Terms & Conditions of Service

Introduction

Access Wireless is brought to you by i-wireless LLC and is a Lifeline Assistance program supported by the federal Universal Service Fund program (“Lifeline Assistance”).

i-wireless LLC provides the Access Wireless mobile telecommunications service exclusively with Access Wireless phones provided free of charge, as well as, select i-wireless phones purchased from the Kroger family of store locations or an authorized retailer.

Basic Definitions

In this document: (1) “we,” “us,” “our” and “Access Wireless” mean i-wireless LLC; (2) “you,” “your,” “customer,” and “user” mean an account holder or user with us; (3) “Device” means any phone, airtime card, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; (4) “Service” means our offers, rate or service plans, options, wireless services, billing services, applications, programs, products or Devices on your account with us. “Service(s)” also includes any other product or service that we offer or provide to you that reference these General Terms and Conditions of Service (“T&C’s”).

The Service Agreement

These T&C’s are part of your service agreement with us (the “Agreement”) and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. In addition to these T&C’s, there are several parts of the Agreement, which includes but is not limited to the following: (i) the Access Wireless application; (ii) the subscriber agreement or transaction materials that you sign or accept; (iii) the plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any in-store brochure or printed materials, the requirements and terms set forth in the current Agreement and transaction materials apply, excluding service plan features such as pricing or minute, message and data allocation); (iv) any confirmation materials that we may provide to you; and (v) the terms set forth in the coverage map brochures. It is important that you carefully read all of the terms of the Agreement.

Additional Terms

Additional terms will apply when you use certain applications, programs, Devices, and service, and these terms may come from Access Wireless or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. Access Wireless is not responsible for these third-party items and associated terms.

Our Policies

Services are subject to our business policies, practices, and procedures (“Policies”). You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.

When You Accept The Agreement

You must have the legal capacity to accept the Agreement. When you accept the Agreement, you promise that you are at least 18 years old and meet the eligibility standards. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) activate a Device; (c) attempt to or in any way use the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you do not want to accept the Agreement, do not do any of these things.

Service Activation

To activate the Service, you must activate your Access Wireless Device. To establish an account balance, pay subscription charges or make any other appropriate payments, follow the instructions provided with the equipment; at www.accesswireless.com; or through Access Wireless Customer Care.

Availability

Access Wireless is only available for activation by customers who reside in the areas in which i-wireless, or, in certain cases, an affiliate has been designated as an Eligible Telecommunications Carrier (“ETC”). Your principal residence address must be within an i-wireless ETC service area. Visit www.accesswireless.com to check whether you reside in an i-wireless ETC service area. To be eligible for Access Wireless service, you must meet the applicable eligibility standards described below, which may be amended from time to time.

Eligibility

Eligibility for Access Wireless varies by state.  You may qualify for Access Wireless if you participate in any of the government programs listed in your Access Wireless application or based on household income eligibility standards.  If you seek to qualify for Access Wireless based upon participation in a qualifying federal or state program, you are required to provide proof of program participation such as program identification card or other social service agency document that shows you currently participate in a qualifying federal or state program.  If you seek to qualify for Access Wireless under the household income eligibility standards, you are required to provide written documentation of your household income.  Your account will remain active as long as you meet the applicable eligibility standards for Access Wireless.  You are responsible for notifying Access Wireless if you no longer meet the applicable eligibility standards for Access Wireless.  In addition, if you receive a notice from Access Wireless requesting that you confirm your eligibility status, you must do so.  Specific information regarding eligibility verification is listed in the Important Service/Product Terms.

One Lifeline Assistance Discount Per Economic Unit

Lifeline Assistance is limited to one economic unit per household (landline or wireless). An economic unit is defined, for purposes of the Lifeline programs, as any individual or group of individuals who live together at the same address and share income and expenses. An economic unit is not permitted to receive Lifeline benefits from multiple providers. Violation of the one benefit per economic unit rule constitutes a violation of the federal rules and will result in de-enrollment from the Lifeline program and potentially prosecution by the United States government. You consent to have your personal identification information, including name, telephone number and address shared with the universal Service Administrative Company (USAC) (the Lifeline Program administrator) and/or its agents for the purpose of confirming that neither you nor your household receive more than one Lifeline benefit. If you or any member of your family unit receives Lifeline Assistance from any other telephone company, you are responsible for notifying your current service provider that you have been approved for Lifeline Assistance through Access Wireless.

Eligibility is Personal

Eligibility for Access Wireless is personal to you. You may not transfer to any third party any of your rights or benefits received under the Access Wireless service, including, but not limited to, any voice minutes received under the Access Wireless service.

Consent to Disclosure of Information

By completing the Access Wireless application, you consent to the release of your information, (including financial information) to our designated agent for the administration of your Access Wireless service. This consent survives the termination of this Agreement. You further authorize Access Wireless to discuss with or access information from state or federal agency representatives concerning your eligibility for and participation in the Lifeline Assistance program. Access Wireless reserves the right to review your eligibility status at any time and require you to provide Access Wireless with written documentation of either your household’s income or your participation in a qualifying federal program or state program.

Our Right to Change the Agreement and Your Related Rights

We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service. We will provide you notice of material changes – and we may provide you notice of non-material changes – in a manner consistent with this Agreement (see “Providing Notice to Each Other Under the Agreement” section). If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of the change if you decide to reject the change and terminate Service. You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.

Our Right to Suspend or Terminate Services

We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for the following: (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); or (h) if we believe the action protects our interests, any customer’s interest, or our networks.

Your Right To Change Services & When Changes Are Effective

The account holder can typically change Services upon request. In some instances, changes may be conditioned on device type, coverage requirements or payment of certain charges. The effective date of any changes will depend on our Policies, the old Services, and the requested Services. Rate plan changes are effective on the next service anniversary date.  We will not credit or refund any subscription or other changes as a result of a change in Services. We may—but are no obligated to provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.

Restrictions on Using Services

You can’t use our Services: (a) in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property or Services; (b) in any way prohibited by the Terms of our Services, the Agreement, or our Policies. You cannot in any manner resell the Service to another party. For additional restriction on the use of our Services, see our Terms of Use Policy which is available on our website, and the detailed plan or other information on Services that we provide or refer you to during the application or sales process.

Your Device, Number & Email Address

We don’t manufacture any Device we might sell to you or that is associated with our Services, and we are not responsible for any defects, acts or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications (for example, a device’s software, memory, and storage), and device performance may impact access to all of our Services. This Device is sold exclusively for use with our Service and in other coverage areas that we may make available to you. As programmed, it will not accept wireless service from another carrier, you have no—and cannot gain any (for example, through publication, use, etc.) -proprietary ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device or your account. We’ll notify you if we decide to change or reassign them.

Porting/Transferring a Phone Number

We do not guarantee that number transfers to or from us will be successful. If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number.

Coverage; Where Your Device Will Work; Service Speeds

Our coverage maps are available on our website at https://www.accesswireless.com/support/coverage-map.  The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services that you’ve chosen. Our coverage maps provide high-level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage is not available everywhere. Coverage and Service speeds may depend on the Service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength, and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that –along with other factors both within and beyond our control (for example, network problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.) –may result in dropped or blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information such as E911 and GPS Navigation, depend on your Device’s ability to acquire satellite (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.

About Data Services & Content

Our data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials (“Data Content”) or send Data Content elsewhere. Some Data Content is available from our vendors, or us while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone through you Services. We strongly recommend that you monitor your data usage by children/minors.  Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services. If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas. Data Content stored on a Device, transmitted over our networks, or stored by Access Wireless may be deleted modified, or damaged. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.

Specific Terms & Restrictions On Using Data Services

In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can’t use our data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks’ performance or hinders access to our networks. If your Services include Web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, broadband internet access service, mobile broadband card plans, wireless router plans, etc.).

Software License

If Access Wireless provides you software as part of the Service and there are not software license terms provided with the software (by Access Wireless or by a third party), then Access Wireless grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You may not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Access Wireless may revoke this license at any time.

Fees, Activation, & Miscellaneous Charges

Based on our Policies, we may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.

Usage Charges

The types of charges that you incur will vary depending on the Service used and your service plan. You are responsible for the Services on your account and associated charges, including charges made by a person you permit to have direct or indirect access to your device even if you did not authorize its use. Charges may include, but are not limited to, prepayment for service charges; charges for additional services; and taxes, surcharges, and fees associated with your Services. For the actual usage charges applicable to your Service, see the detailed plan or other information we provide or refer you to during the application or sales process or on our website. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and Web access. If you (the account holder) allow end users to access or use your Device, you authorize end users to access, download, and use Services. You will generally be charged for use of Services before or at the time of use in accordance with your service plan. In certain instances, we may charge at some point after you use the Service. Rates that vary based on the time of access will be determined based on the location of the network equipment providing service and not the location of your device or your device’s area code (if applicable). Charges are generally deducted from your account balance (for example, pay-per-use charges, subscription charges, etc.), though in some instances you may be able to pay for certain Services through a credit card, debit card, or other payment method. If you have incurred charges or fees that were not charged prior to your account balance reaching a zero balance, we may deduct these outstanding, unpaid charges and fees from any subsequent amounts you add to your account balance. You may not attempt to add money to your account using a debit or credit card more than one time within a 30-minute period.

Types Of Charges

We typically assess the following types of charges: (1) “pay-per-use charges,” which are charges assessed each time a Service is used; (2) “subscription charges,” which are charges that allow you access to a Service or provide you a certain amount of use of a Service for a defined period of time. Subscription charges for Services end at 12:01 a.m., in the time zone in which your phone number is based, on the last day of your subscription period. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods; and (3) “download charges,” which are charges assessed when you download or access content, which we collect on behalf of ourselves or third-party content providers.

How We Calculate Your Charges

Regular Voice Calls:  We round up partial minutes of use to the next full minute. Time starts when you press “Talk” or your Device connects to the network and stops when you press “End” or the network connection otherwise breaks. You’re charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You will not be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you’re charged from the time shortly before the Device starts ringing until you press “End” or the network connection otherwise breaks. You’re charged for the entire call based on the rate that applies to the time period in which the call starts. However, the types of charges actually deducted from your account balance will vary depending on your Service. Call time data displayed on your device may be inaccurate and may not be relied upon for determining charges to your account. Calls are limited to two hours. The call will automatically terminate after two hours.

Data Usage:  Depending on your Service, you may be charged for data usage. Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equal 1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to KB, so you will be charged at least 1 KB for each data usage session (“data session”). Rounding occurs at the end of each data session and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your Device’s Internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to our data networks, you may incur data charges. Examples of data for which you will be charged includes the size of a requested file or Data Content (game, ringer, etc.); Web page graphics (logos, pictures, banners, advertisement, etc.); additional data used in accessing, transporting, and routing the file on our network; data from partial or interrupted downloads; re-sent data; and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage—for example, the size of downloadable files—are not reliable predictors of actual usage.

Taxes & Government Fees

You agree to pay all federal, state, and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Services that we provide to you. These charges may change from time to time without advance notice.  Access Wireless collects sales tax on all direct top-up transactions and, in certain states, regulatory fees.  Third party retailers are responsible for collecting sales taxes and in certain states, regulatory fees, for top-up transactions that occur through such third party retailers.  Taxes and fees are subject to change without notice.

Surcharges

When imposed, unless prohibited by applicable law or agreement, you agree to pay all surcharges (“Surcharges”), which may include, but are not limited to: Federal Universal Service; various regulatory charges; Access Wireless administrative charges; gross receipts charges and certain other taxes imposed upon Access Wireless; or charges for the costs that we incur and pass along to you. Surcharges are not taxes, and we are not required to assess them by law. They are charges we choose to collect from you, are part of our rates, and are kept by us in whole or in part. The number and type of Surcharges will be provided and may vary depending upon the location of the transaction or the primary account address of the payment method or Device and can change over time. We determine the rate for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section).

However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.

Disputing Charges

Any dispute to a charge that we assess you must be made in writing within 60 days of the date we deduct the charge from your account balance. You accept all charges not properly disputed within the above time period.

About Account Balances

To keep your account active and avoid service interruption, you must either maintain a positive account balance at all times, or pay any applicable subscription charges (depending on your service plan). Account balances are not transferable, redeemable for cash, or refundable. Charges are deducted from either your account balance or you may be able to pay for certain services with a credit card or debit card. There may be limits on your account administration, for example account balance, number change, and device changes. See the detailed plan or other information we provide or refer you to during the sales transaction for the account status rules that apply to your Service.

No Refunds of Airtime Cards, Top-Ups or Monthly Charges:  We are not responsible for, nor do we refund, lost, stolen, misused, or damaged airtime cards. We do not accept returns of or provide refunds for Airtime cards. Airtime cards must be applied to your account within the time specified on the card. All airtime purchases sales are final and non-refundable regardless of who uses or possesses your mobile phone or device after you purchase services, and regardless of whether the mobile phone or device is used with your consent or knowledge.

Establishing or Replenishing Account Balances

Information on how you can establish and maintain an account balance will be provided at activation and is also available at www.accesswireless.com or through Access Wireless Customer Care. The replenishment methods available to you will depend on the terms of your Services. A fee may apply to certain replenishment methods. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period; the amount that may be debited or charged from an account; or other limitations imposed by us or the financial institution that holds the account.  Auto Refill:  You, the Customer, authorize Access Wireless to on a recurring basis, automatically charge the debit or credit card you specified for payments due on the Access Wireless account number you specified at the time of Auto Refill enrollment.  These recurring charges and all other charges to your account are non-refundable.   You will be automatically charges for any monthly recurring charges or add-ons, plus any applicable sales and local taxes, every month on your payment due date.  Charges may vary each month based on your service subscription selection.  You may check your payment due date, modify or cancel your Auto Refill preferences at any time by accessing your account via our website.  There is a limit of three credit/debit card transactions per phone in a 30-day period.  Access Wireless customers are not eligible for the i-wireless All-In rate plan options.

Account History

Your account history for the previous 60 days will be available online at www.accesswireless.com unless you switch service options, in which case your account history for your new service option will be available online for a period of up to 60 days following the date of your switch.  You may request a printed statement detailing 60 days of account history by sending a written request to:  Access Wireless, Attn:  Account History, 1 Levee Way, Suite 3104, Newport, KY 41017.

Protecting Our Networks & Services

We can take any action to: (1) protect our networks, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our networks and Services. Some of these actions may interrupt or prevent legitimate communications and usage—for example, message filtering/blocking software to prevent spam or viruses; limiting throughput; limiting access to certain websites, applications or other Data Content; prohibitions on unintended uses (for example, use as a dedicated line or use as a monitoring service); etc. For additional information on what we do to protect our customers, networks, Services and equipment, see our Terms of Use Policy on our website.

Your Privacy

Our Privacy Policy is available at www.accesswireless.com. This policy may change from time to time, so review it with regularity and care.

Call Monitoring:  To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service or sales departments).

Authentication And Contact:  You (the account holder) may password protect your account information by establishing a personal identification number (“PIN”). You may also set a backup security question and answer in the event you forget your PIN. You agree to protect your PIN, passwords, and other account access credentials like your backup security question from loss or disclosure. You further agree that Access Wireless may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.

CPNI Consent:  Under federal law, you have a right and Access Wireless has a duty, to protect the confidentiality of information regarding the amount, type and destination of your wireless service usage ("CPNI").  You consent to Access Wireless sharing your CPNI internally, and with its affiliates and its contractors to develop or bring to your attention any products or services, and to Access Wireless transferring your CPNI in the event of any merger sale of some or all of the company assets or acquisition, as well as in the event of any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the company.  This consent survives the termination of these Terms and Conditions and your use of the Service, and is valid until you revoke it.  To revoke your CPNI consent at any time, notify us in writing at Access Wireless, Attention: CPNI Officer, 1 Levee Way, Suite 3104, Newport, Kentucky, 41071 and provide your (1) Name, (2) Home Address, (3) Home telephone number (including area code), (4) Telephone number for your mobile phone (including area code), (5) Service billing address, and (6) Service account passcode.  Revoking your CPNI consent will not affect your current wireless service.  Please see our Privacy Policy for details.

Third-Party Applications:  If you use a third-party application, the application may access, collect, use, or disclose your personal information or require Access Wireless to disclose your information—including location information (when applicable)—to the application provider or some other third party. If you access, use, or authorize third-party applications through the Services, you agree and authorize Access Wireless to provide information related to your use of the Services or the application(s). You understand that your use of third-party applications is subject to the third party’s terms and conditions and policies, including its privacy policy. Be sure that you have reviewed and are comfortable with the third party’s policies before using its application on your device.

Information On Devices:  Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). Access Wireless is not responsible for any information on your Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, for example, when you relinquish, exchange, return, or recycle your Device. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase data on your Device but you must remove all data from your Device before you provide it to us.

Location-Enabled Services

Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 911 services and optional location-enabled services provided by a third party or us. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-enabled services.

You agree that any authorized user may access, use, or authorize Access Wireless or third-party location-enabled applications through the Services. You understand that your use of such location-enabled applications is subject to the application's terms and conditions and policies, including its privacy policy. If you activate location-enabled services for devices used by other authorized users, you agree to inform the authorized user(s) of the terms of use for location-enabled applications and that the Device may be located.

911 Or Other Emergency Calls

Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional wireline phones, depending on a number of factors (for example, whether your Device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location, or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service, (“E911”)—where enabled by local emergency authorities—uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911—you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.

If Your Device Is Lost Or Stolen

Contact Access Wireless Customer Care immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. If you do not either activate a new device or notify us that you have found your device within 45 days of the suspension of your account, your account will be deactivated, we may assess a charge equal to the balance in your account (which is not refundable), and, if applicable, you will lose your phone number.

Disclaimer Of Warranties

UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.  ACCESS WIRELESS PROVIDES ALL SOFTWARE AND APPLICATIONS ON AN “AS IS” BASIS WITH ALL FAULTS, ERRORS AND DEFECTS.

You Agree That We Are Not Responsible For Certain Problems

You agree that neither we nor our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Access Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) 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 Device, computer, or equipment and to backup your information stored on each.

You Agree That Our Liability Is Limited - No Consequential Damages

TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.

DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS

In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and Access Wireless each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below.  If the dispute is not resolved, you and Access Wireless agree that they dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.

State-Specific Information

Unresolved questions or complaints regarding Lifeline service may be directed to the state offices or agencies listed in the Important Service/Product Specific Terms.

Mandatory Arbitration and Waiver of Class Action

Instead of suing in court, you and Access Wireless agree to arbitrate all Disputes (as defined below) on an individual, non-representative basis.  You agree that, by entering into this Agreement, you and Access Wireless are waiving the right to a trial by jury or to participate in a class action or representative action.  This agreement to arbitrate is intended to be broadly interpreted. 

In arbitration, there is no judge or jury.  Instead, Disputes are decided by a neutral third-party arbitrator in a more informal process than in court.  In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts.  However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.

"Disputes" shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that Access Wireless brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Access Wireless, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with Access Wireless; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.

Dispute Notice and Dispute Resolution Period

Before initiating an arbitration or a small claims matter, you and Access Wireless each agree to first provide to the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Access Wireless should be sent to:  Access Wireless, Attention:  General Counsel, 1 Levee Way; Suite 3104, Newport, KY 41071.  Access Wireless will provide a Notice of Dispute to you in accordance with the "Providing Notice To Each Other Under The Agreement" section of this Agreement. Access Wireless will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and Access Wireless agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Access Wireless may commence an arbitration proceeding or small claims action.

Arbitration Terms, Process, Rules and Procedures

(1) Unless you and Access Wireless agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

(2) The Federal Arbitration Act ("FAA") applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Access Wireless to arbitrate on a class-wide, representative or consolidated basis.

(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND ACCESS WIRELESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Access Wireless expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(4) We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. Access Wireless will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

(5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions, which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.

(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the county of your most recent billing address. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Access Wireless on your behalf.

No Trial By Jury and No Class Actions

IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend, and hold Access Wireless and our subsidiaries, affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services (see "Location-Enabled Services" section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.

Providing Notice To Each Other Under the Agreement

Except as the Agreement specifically provides otherwise, you must deliver written notice to us by mail to Access Wireless, 1 Levee Way, Suite 3104, Newport, KY 41071. We will provide you notice by correspondence to your last known address in our records, to any fax number or email address you’ve provided us, by calling you on your Device or any other phone number you’ve provided us, by voice message on your Device or any other phone number you’ve provided us, or by text message on your Device.

Other Important Terms

Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the area code assigned to your Device, without regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can't assign the Agreement or any of your rights or duties under it. We can assign the Agreement without notice. You cannot in any manner resell Devices or Services to another party. You cannot export any Device. The Agreement and the documents it incorporates make up the entire agreement between us and replace all prior written or spoken agreements—you can’t rely on any contradictory documents or statements by sales or service representatives. The rights, obligations, and commitments in the Agreement that—by their nature—would logically continue beyond the termination of Services (for example, those relating to billing, payment, 911, dispute resolution, no class action, no jury trial) survive termination of Services.

Trademarks and Licenses

The i-wireless brand and family of marks are registered trademarks used under license by i-wireless LLC. Sprint and Sprint PCS are registered trademarks of Sprint Nextel. You agree not to infringe, misappropriate or otherwise violate the intellectual property rights of i-wireless, Sprint or any other carrier. You agree that a violation of this paragraph causes harm that cannot be fully redressed by monetary damages, and that in the event of such violation or threatened violation, i-wireless is entitled to immediate injunctive relief, without posting a bond or additional security, in addition to all other rights and remedies available.

Android, Google, the Google logo and Goggle Play are trademarks of Google Inc.

 

Access Wireless is a service provider for the government-funded Lifeline Assistance program. Lifeline service is provided by i-wireless LLC, d/b/a Access Wireless, an eligible telecommunications carrier. Lifeline service is non-transferable. Only one Lifeline discount, consisting of either wireline or wireless service, can be received per household. A household is defined, for the purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses. Violation of the one-per-household rule constitutes a violation of FCC rules and will result in the customer’s de-enrollment from the Lifeline program. Consumers who willfully make false statements in order to obtain a Lifeline benefit can be punished by fine or imprisonment or can be barred from the program. Customers must present proper documentation confirming their eligibility for the Lifeline program. Customer information will be validated against public records and any discrepancies could result in your approval or rejection of service.