ConnectTo World, Inc. d/b/a ConnectToWireless Terms and Conditions of Service
ConnectTo World, Inc. provides wireless service under the trade name ConnectToWireless.
Please read these ConnectToWireless Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and ConnectToWireless. They contain important information about your legal rights and require that certain disputes be resolved through Arbitration instead of a court trial.
ConnectToWireless reserves the right to change or modify any of these Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the ConnectToWireless website on ConnectToWireless.com. You should check the ConnectToWireless.com website regularly for updates to these Terms and Conditions of Service.
By enrolling in the ConnectToWireless Lifeline Program (the “ConnectToWireless Lifeline Program”) and by using the ConnectToWireless Lifeline service (the “ConnectToWireless Lifeline Service”), you (“You”), the participant, acknowledge and agree to the following terms and conditions:
1. CONNECTTOWIRELESS LIFELINE PROGRAM DESCRIPTION.
ConnectToWireless Lifeline Service is funded by the Universal Service Fund Lifeline program and administered by the Universal Service Administrative Company. In order to qualify for enrollment in the ConnectToWireless Lifeline Program, a person must meet certain eligibility requirements set by each state where the ConnectToWireless Lifeline Program is offered. These requirements are based on a person’s participation in a state or federal support program(s) or by meeting certain income requirements based upon the Income Poverty Guidelines as defined by the US Government. Federal law limits the availability of the ConnectToWireless Lifeline Program.
The ConnectToWireless Lifeline Program allows one (1) enrollment per “household”. The ConnectToWireless Lifeline Program permits only one Lifeline benefit per household, therefore, no person currently living in the household may receive Lifeline benefits from any other Lifeline program. Applicants for the ConnectToWireless Lifeline Program must complete an application form, provide supporting documentation that they meet the eligibility requirements and certify, under penalty of perjury, that they:
- Are eligible for and currently receive benefits from the public assistance program(s) identified in the application form.
- Do not currently receive Lifeline support for any telephone line, whether landline or wireless, serving their residential address and no other resident in their household participates in the Lifeline program.
- If the applicant is already participating in another Lifeline program, then the applicant agrees to cancel their current household Lifeline support provider in order to enroll in the ConnectToWireless Lifeline Program.
- Will notify ConnectToWireless by calling 800-500-2555 if and when they no longer qualify for any of the public assistance programs identified in their application form.
- Will notify ConnectToWireless of any change of address by calling 800-500-2555
- Reviewed the information contained in their application and certify that it is true and correct to the best of their knowledge and belief.
Applicants who qualify and are enrolled in the ConnectToWireless Lifeline Program will receive a free or discounted mobile phone provided by ConnectToWireless, or use their own GSM mobile phone with a ConnectToWireless Subscriber Identity Module (SIM) card. LifeLine customers will receive a monthly discount equal to the Federal Lifeline subsidy (currently $9.25). This discount will be applied to ConnectToWireless’ retail rates. Where the state commission, a state administrator, or other state agency does not determine eligibility, ConnectToWireless will determine at its sole discretion whether an applicant meets the eligibility requirements to participate in the ConnectToWireless Lifeline Program. Applicants who do not meet the eligibility requirements will receive written notification, via US Mail, of the reason for their non-eligibility.
The monthly minutes provided by the ConnectToWireless Lifeline Program will vary from state to state. Please call ConnectToWireless at 800-500-2555 or visit our website ConnectToWireless.com for further information. Upon enrollment in the ConnectToWireless Lifeline Program, you will be qualified to participate for up to one (1) year. To continue your enrollment in the ConnectToWireless Lifeline Program after the initial year, you must verify annually that you are qualified for continued enrollment in the ConnectToWireless Lifeline Program as required by your state Public Service Commission, Public Utility Commission, or other agency administering the Lifeline Program in your state. ConnectToWireless will also conduct verification drives for each state according to its rules. If ConnectToWireless determines during its verification drive, or at any other time, that a customer fails to continue to qualify for the ConnectToWireless Lifeline Program, such customer will immediately be deemed ineligible to participate in the ConnectToWireless Lifeline Program. Ineligible customers will be de-enrolled from the ConnectToWireless Lifeline Program and will no longer receive the Lifeline discount. Such customers can continue paying regular ConnectToWireless non-Lifeline retail rates. ConnectToWireless customers who are no longer eligible (for any reason) for enrollment in the ConnectToWireless Lifeline Program must immediately notify ConnectToWireless that they no longer meet the eligibility requirements for enrollment. A ConnectToWireless customer’s Lifeline enrollment may also be cancelled upon the request of a state and/or federal authority. In California, customers must be approved by a state program administrator to qualify for the Lifeline discount, once the customer has been approved in California for the Lifeline program, ConnectToWireless will credit back the Lifeline discount from the day of enrollment (effective date provided by California Lifeline Administrator). In other states, if customers are signed up as Lifeline customers and it has subsequently been determined that they no longer qualify for Lifeline, such customers will be charged for the discounts they have received from from the date of ineligibility.
ConnectToWireless reserves the right to cancel the enrollment of any customer in the ConnectToWireless Lifeline program and/or permanently deactivate any customer’s ConnectToWireless phone for fraud, misrepresentation or other misconduct as determined solely by ConnectToWireless. While participating in the ConnectToWireless Lifeline Program, a customer shall not be permitted to sell, rent, give away or in any way allow another person to use the cellular phone or ConnectToWireless Lifeline service provided to him/her by ConnectToWireless as Lifeline qualified customer. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE CONNECTTOWIRELESS CELLULAR PHONE OR CONNECTTOWIRELESS LIFELINE SERVICE PROVIDED TO YOU BY CONNECTTOWIRELESS as a Lifeline qualified customer. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. In addition, if ConnectToWireless determines, in its sole discretion, that a ConnectToWireless Lifeline customer has violated these prohibitions, ConnectToWireless will then permanently de-enroll the customer from the ConnectToWireless Lifeline Program, and such customer’s phone will be permanently deactivated and the customer’s personal information will be permanently flagged so that the customer may not re-enroll in the ConnectToWireless Lifeline program in the future. If you have any questions, concerns, comments or complaints regarding the ConnectToWireless LifeLine Program or Service, offerings or products, please call ConnectToWireless Customer Care at 800-500-2555. You may also contact your state’s Public Service Commission/Public Utility Commission.
2. ACTIVATION AND USE OF YOUR CONNECTTOWIRELESS PHONE.
Upon enrollment in the ConnectToWireless Lifeline Program, you will receive a ConnectToWireless phone, you can pick up the phone at ConnectToWireless retail locations or the phone can be delivered to your home address noted in the application. The qualified Lifeline customer must personally activate the phone in order to use it. You can also request a preprogrammed SIM card to be used with your GSM phone. You must accept the ConnectToWireless telephone number assigned to your ConnectToWireless phone at the time of activation. ConnectToWireless Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”). The number assigned to your ConnectToWireless phone at the time of activation will not be changed for any reason unless required by a Carrier or if the number is lost following the deactivation of your phone. You may not select a number to be assigned to your ConnectToWireless phone. You also have an option to keep any phone number that you have from any other service provider, in which case your number will be ported to ConnectToWireless network. You can also choose to port your landline phone number to ConnectToWireless service. Your ConnectToWireless phone can only be used through ConnectToWireless network, and cannot be activated with any other wireless or cellular service, while your service is under terms of contract or you have been qualified for Lifeline program and received free or discounted phone defined by the terms of the contract. ConnectToWireless Services are provided at ConnectToWireless’ discretion. Some functions and features referenced in the Manufacturer’s manual provided with your CONNECTTOWIRELESS phone may not be available on your ConnectToWireless handset. ConnectToWireless may modify or cancel any ConnectToWireless Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these terms and conditions of service.
3. MINUTE RATES, USAGE AND INCLUDED MONTHLY MINUTES.
While you are enrolled in the ConnectToWireless Lifeline Program, you will receive a monthly allotment of minutes as provided for by the ConnectToWireless Lifeline Program with the additional Lifeline discount. Wireless Minutes, text (SMS), Data is issued in unit increments. Units are deducted from the ConnectToWireless phone at a rate of one (1) unit per minute or partial minute of use, one (1) unit per Text(SMS) or partial Text(SMS) and one (1) unit per ½ (half) Mbps of Data rounded up to the nearest full 1/2 Mbps . There is no additional charge for nationwide long distance. All ConnectToWireless plans have to following features:
Monthly minutes Included in Plan
May include Text Message
US Long Distance
ConnectToWireless is providing these plans at the current time. You have to check the Company’s website ConnectToWireless.com for current rates, terms and conditions. A Lifeline discount equal to the federal Lifeline subsidy (currently $9.25) is provided to qualified Lifeline customers. Additional Discounts may be provided in some states for qualified residents.
ConnectToWireless provides prepaid and postpaid programs,
To qualify for ConnectToWireless’ postpaid program, customers must combine their wireless service with ConnectTo World, Inc.’s Internet service. In addition, customers will receive a $5 discount on their Internet service.
If ConnectToWireless is purchased as a standalone wireless service, not with ConnectTo World, Inc.’s Internet service, then customers must be in the prepaid program..
In the case of ConnectToWireless prepaid program customers, the phone will stop working if all the voice minutes, text, and data provided as part of the program finish or expire. In the case that only one of the provided services, voice minutes, text, or data, in the plan has not expired, the customer can still use the unfinished service of voice minutes, text, or data. However, the phone will always work for calls to 911 emergency services. 911 emergency services calls are always available regardless of the amount of voice minutes, text, or data remaining on the account.
In ConnectToWireless’prepaid program, expiration is 30 days from the time of activation, at which time all unused resources (voice minutes, text, and data) expire. In the case of expiration, prepaid program customers can choose to purchase a refill.
For ConnectToWireless postpaid program customers, there will be no rollover of minutes, and after each month’s billing, the plan will be replenished with the included voice minutes, text, and/or data. Overage charges will apply to any voice minutes, texts, and/or data used. Postpaid service customers can still choose to set a limit on voice minutes, text and data usage.
ConnectToWireless Unlimited service provides unlimited voice minutes and unlimited text messages.
ConnectToWireless prepaid customers must purchase additional International prepaid minutes if they choose to make international calls.
ConnectToWireless postpaid customers can choose to activate or de-activate International calling. The initial setup of enabling international calling and disabling international calling at the time of the activation of the phone will be free. After activation of the phone if the customer decides to change the international calling setup, there will be a one-time $5.00 charge for each subsequent change. ConnectToWireless Lifeline customers can choose to disable international calling if they have chosen to have international at the time of activation for free (No charge for Toll Limitation for Lifeline customers).
Please visit ConnectToWireless.com for per country and international rates.
New ConnectToWireless customers must choose a plan upon enrollment. Existing ConnectToWireless customers who wish to switch plans may do so online or by calling 800-500-2555. If you switch plans before the 25th day of your billing cycle, the change will be effective the following billing cycle. If you switch plans on or after the 25th day of the billing cycle, the change will be effective in the second billing cycle following your request to switch plans. You may use your free monthly allotment of minutes to place or receive calls, to send or read text messages or multi-media messages and to access the internet (with certain models of phones).
Minutes will be deducted for all the time during which your ConnectToWireless phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send,” “call” or other key to initiate or answer a call and does not end until you press the “end” key or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, calls to toll free numbers, and 411. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) minutes will be deducted for each call. Minutes are deducted while making international calls in addition to international rated charge to your prepaid or postpaid international plan. In addition to minutes deducted for 411 calls, one-time $1.99 will be deducted for each 411 call. Minutes are not deducted for calls to 911, and all handsets will be able to call 911 even if they have no minutes remaining. Customers in the State of Washington will not be charged for calls to Customer Care if they dial 611 directly from their handset. For outbound calls, you may be charged minutes for incomplete and/or busy-no answer calls. Minutes will be deducted for use of other services such as text messaging and accessing the ConnectToWireless Mobile Web (“WAP”). No credit or refund is given for dropped calls.
4. TEXT MESSAGING.
You may use your monthly allotment of minutes to send and/or open text messages. Text messages sent to you by ConnectToWireless are free of charge. The charge to send or open an incoming text message using your ConnectToWireless phone will vary depending upon your plan. Please refer to the ConnectToWireless plan descriptions in Table 1. Please note that ConnectToWireless does not generally participate in Premium SMS services or campaigns. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns unless it is a ConnectToWireless authorized campaign. Any text message you send to a “short code” will in all likelihood not go through. Any charges you may incur because of any attempts to participate in Premium SMS services or campaigns not authorized by ConnectToWireless are not refundable whether you incur charges as deductions from your ConnectToWireless phone or from your credit card. You may purchase from ConnectToWireless ring tones, graphics and certain information services. You may utilize multi-media services with certain ConnectToWireless models of phones. See ConnectToWireless Data Services below for more information.
5. INTERNATIONAL CALLING.
International calling is available. If you selected an International Plan, you may use your ConnectToWireless phone to make international calls to landlines and some cellular phones in some countries at no additional charge (see website for available countries and details). The countries where international calling is available are subject to change at any time without prior notice. In order to place an international call, you will need to dial the International Long Distance (“ILD”) access number and follow the instructions. Minute deductions for international calls begin the moment the ILD access number is dialed and apply to dropped calls, misdialed numbers and busy destination numbers. When placing international calls, you may experience connection failures more frequently than calls made within the United States. ConnectToWireless will not credit minutes deducted for unsuccessful calls. You will not be able to make or receive calls on your ConnectToWireless phone when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands (the “Coverage Area”). Any attempt to make or receive calls when you are located outside of the Coverage Area could result in service deactivation and de-enrollment from the ConnectToWireless Lifeline Program.
6. MINUTE CARDS (Prepaid only service)
Your ConnectToWireless phone will only operate when you have minutes available on the ConnectToWireless phone, except when calling 911 emergency services. Calls to 911 emergency services will always work regardless of the number of minutes available on your account, even when that number is zero. If you run out of your monthly allotment of airtime, you may purchase and add additional minutes to your phone. See the instructions above for adding airtime. In addition you can purchase prepaid International calling plans from ConnectToWireless. Please see the refill programs in Table 2, and visit ConnectToWireless.com website for international rates. Postpaid customers will have their plans reset after each billing cycle and will have a choice of having postpaid international usage, too. Postpaid customers can activate and deactivate international calling at any time.
7. SERVICE END DATE, DEACTIVATION AND REACTIVATION FOR CONNECTTOWIRELESS LIFELINE PROGRAM
As a ConnectToWireless Lifeline customer, you will receive 365 service days upon your enrollment and activation in the ConnectToWireless Lifeline Program and another 365 service days following each successful annual verification of your continued program eligibility in the ConnectToWireless Lifeline Program. If you fail to complete your annual verification within 90 days of the required verification date, you will be de-enrolled from the ConnectToWireless Lifeline Program. Upon de-enrollment from the ConnectToWireless Lifeline Program, you will cease receiving the Lifeline discount. If you are de-enrolled, your phone will remain active and you may continue to use your phone so long as you have available minutes and service days remaining on your phone. You may purchase minutes and service under ConnectToWireless retail plans to keep your phone service active. If you are de-enrolled from the ConnectToWireless Lifeline Program and you allow your remaining service days to expire or go “past due,” your phone service will be deactivated, you may lose your unused minutes and you will lose your wireless telephone number. If you choose to reactivate your phone by completing the annual verification within 60 days after your verification due date, you will be re-enrolled in the program and continue receiving the free monthly allotment of airtime.
If your service is deactivated, you may reactivate your service by either re-enrolling in the ConnectToWireless Lifeline Program (if eligible) or purchasing a ConnectToWireless retail wireless plan. Upon reactivation of your phone, you may be assigned a new telephone number. Any minutes remaining on your handset at the time of deactivation will be reinstated if your phone is reactivated within 60 days from the deactivation date. If your phone remains inactive for more than 60 days, you will lose any remaining airtime. If you have been de-enrolled from the ConnectToWireless Lifeline Program and are not eligible to re-enroll but you wish to keep your service active, you must purchase additional minutes before the “Service End Date” displayed on your phone. To prevent any interruption in your phone service, please keep your handset service active by timely completing your annual verification as required by the ConnectToWireless Lifeline Program or, if no longer eligible, by purchasing and adding ConnectToWireless Minute Cards before your Service End Date.
“No Usage” De-Enrollment and Deactivation: Regardless of the Service End Date displayed on your
Handset, if you exceed 60 days without any Usage (as defined in this section), you will be de-enrolled from the ConnectToWireless Lifeline Program. “Usage” is defined as any transaction including, but not limited to, making or receiving a call, sending or opening a text message, downloading data content, adding minutes or receiving your free monthly airtime. Upon de-enrollment for non-Usage, you will have up to a 30-day grace period to re-enroll in the ConnectToWireless Lifeline Program by calling 800-500-2555. If you do not re-enroll, use your phone, or call ConnectToWireless Customer Care within 30 days of your de-enrollment, your phone service will be deactivated. In order to reactivate your ConnectToWireless Phone and re-enroll in the ConnectToWireless Lifeline Program, you will need to call ConnectToWireless Customer Care. Upon successful re-enrollment, you will receive the monthly minutes that you were entitled to receive through the date your enrollment was cancelled. You will not, however, receive any minutes for the period of time you were not enrolled in the ConnectToWireless Lifeline Program. In addition, you will be assigned the service days displayed on your handset, which are the days you were granted when first enrolled in the program.
8. OUR RIGHT TO TERMINATE YOUR CONNECTTOWIRELESS SERVICE.
You agree not to give away, resell or offer to resell the ConnectToWireless Phone or Service provided by ConnectToWireless. You also agree your ConnectToWireless Phone will not be used for any other purpose that is not allowed by this agreement or that is illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE CONNECTTOWIRELESS LIFELINE PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if you: (a) violate any of the terms and conditions of service; (b) lie to us or attempt to defraud us; (c) allow anyone to tamper with your ConnectToWireless Phone; (d) threaten or commit violence against any of our employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with our representatives; (f) steal from us; (g) harass our representatives; (h) interfere with our operations; (i) engage in abusive messaging, emailing or calling; (j) modify your device from its manufacturer’s specification; or (k) use the service in a way that adversely affects our network or the service available to our other customers. We reserve the right to, without notice, limit, suspend or end your service for any other operational or governmental reason. In addition to permanently terminating your service, criminal offenses (i.e., selling or giving away your Service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
9. UNAUTHORIZED USAGE; TAMPERING.
The ConnectToWireless handset is provided exclusively for use by you, the end consumer with the ConnectToWireless Service available solely in the United States, Puerto Rico and the U.S. Virgin Islands. Any other use of your ConnectToWireless handset, including without limitation, any resale, unlocking and/or re-flashing of the handset is unauthorized and constitutes a violation of your agreement with ConnectToWireless. You agree not to unlock, re-flash, tamper with or alter your ConnectToWireless phone or its software, enter unauthorized PIN’s, engage in any other unauthorized or illegal use of your ConnectToWireless wireless phone or the Service, or assist others in such acts, or to sell and/or export ConnectToWireless wireless handsets outside of the United States. These acts violate ConnectToWireless’ rights and state and federal laws. Improper, illegal or unauthorized use of your ConnectToWireless phone is a violation of this agreement and may result in immediate discontinuance of Services and legal action against you. ConnectToWireless will prosecute violators fully of the law. You agree that any violation of this agreement through your improper, illegal or unauthorized use or sale of your ConnectToWireless phone shall entitle ConnectToWireless to recover liquidated damages from you in an amount of not less than $5,000 per ConnectToWireless handset purchased, sold, acquired or used in violation of this agreement.
Some ConnectToWireless handsets have SIM cards. If your ConnectToWireless phone has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to allow any other person 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. The Carriers, ConnectToWireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your ConnectToWireless phone is restricted from operating when you are located anywhere outside of the United States, Puerto Rico or the U.S. Virgin Islands, including offshore or in international waters. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for unused airtime.
10. COVERAGE MAPS AND ROAMING.
You will find coverage maps on our website. These maps are for general informational purposes only. Actual coverage and service areas may vary from the maps and may change without notice. ConnectToWireless does not guarantee coverage or service availability. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and your equipment may interfere with actual service, quality and availability. “Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your service provider. When your ConnectToWireless phone is roaming, an indicator light on your handset may display the word “Roam” or “RM” on the screen while the phone is not in use. There are no additional charges for domestic roaming calls for the ConnectToWireless phone you were provided. Availability, quality of coverage and Services while roaming are not guaranteed.
11. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT.
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 or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carriers, 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. At
any time, ConnectToWireless reserves the right to substitute and/or replace any ConnectToWireless equipment (including handsets) with other ConnectToWireless equipment including handsets of comparable quality. Some functions and features referenced in the Manufacturer’s manual for a particular ConnectToWireless handset may not be available on your phone. ConnectToWireless does not warrant or guarantee availability of network or of any services at any specific time or geographic location or that the services will be provided without interruption. Neither ConnectToWireless, nor any Carrier, shall have any liability for service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your ConnectToWireless phone outside during a lightning storm. You should also unplug the ConnectToWireless phone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
12. WARRANTY EXCHANGE AND LOST OR STOLEN PHONE POLICY.
Limited Warranty Exchange Policy: ConnectToWireless customers shall have up to one year from the activation date of their phone to return any defective phone to ConnectToWireless. ConnectToWireless will exchange a defective phone for a new or refurbished phone, at ConnectToWireless’ discretion, during this period and only pursuant to the terms of the Limited Warranty set forth below. For a defective phone replacement, call ConnectToWireless Technical Customer Service.
13. LOST OR STOLEN PHONE POLICY:
For any lost or stolen ConnectToWireless phone, you may request and receive only one replacement phone per customer. The replacement phone will be a refurbished phone. All reported lost and stolen phones will be permanently deactivated. The replacement phone will include only 10 minutes of lost airtime. Any additional minutes that you may have had on your lost phone will not be replaced. In the event you lose your replacement phone or it is stolen, you will need to purchase an additional phone. If a phone is lost or stolen while in transit to the customer before the customer receives the phone, the lost phone and minutes may be replaced as a onetime courtesy in ConnectToWireless’ sole discretion.
14. DISCLAIMER OF WARRANTIES.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO
THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS”
AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING
YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE
SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE
DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS
ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH
INTERCEPTIONS CAN OCCUR.
15. HEARING, VISUAL OR SPEECH IMPAIRED ACCOMMODATIONS.
Any hearing, visual or speech impaired persons interested in applying for a specially equipped ConnectToWireless handset must call ConnectToWireless and specify the need(s) to an agent and ConnectToWireless will make every effort to assist such customer in obtaining a handset that is in compliance with all applicable laws, rules, and regulations.
16. EMERGENCY CALLS.
ConnectToWireless customers have access to 911. Occasionally, however, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go through and you should dial 911 from the nearest landline phone.
17. DATA SERVICES.
With certain ConnectToWireless phone models, you can download ring tones, graphics, access information services such as news, weather and sports (“Information Services”) and utilize multi-media messaging services (“MMS”) (ringtones, graphics, Information Services and MMS are collectively referred
to as “Data Services”) through our wireless Mobile Web (“WAP”) Internet. Data Services are additional Services offered by ConnectToWireless at an additional charge in the form of a debit of Mbps for your use of such services.
Accessing and Purchasing Data Services. In order to purchase, download or access Data Services,
your handset must have active service and sufficient available minutes. Your handset will not let you open
the WAP browser without a remaining minute balance of at least 10 minutes. Each time you access our
wireless WAP with your handset’s browser, 1 unit per minute will be deducted from your handset
(“Access Charges”). Access Charges are deducted in full minute increments. WAP access of less than 60
seconds is rounded up to the next full minute. Access Charges begin when your handset makes a data
connection. This should occur shortly after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download, view subscribed Information Services or if WAP
access is initiated for any other purpose. Access Charges end when the data connection terminates. This
should occur shortly after you close your browser, successfully receive or send a multi-media message
(e.g., a picture), after a successful content download or after any other closure of a WAP session. The
WAP access duration and the related Access Charges are NOT determined from the exact moment you
press a button on your handset to open or close the browser.
In addition to the Access Charges, there will be an additional one-time charge for any content you select
to download (“Content Charge”). The Content Charges vary depending on the type of content. You will be
advised of the Content Charges prior to finalizing your purchase. The Data Services you purchase and
download may only be used or viewed on the handset for which they were purchased and cannot be
transferred to any other device, including a new or replacement handset.
Modifications, Interruptions, or Discontinuation of Data Service. ConnectToWireless does neither guarantee the availability of Data Services on all of its phone models nor does it guarantee the availability
of Data Services at all times. ConnectToWireless reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are
not available in certain areas. ConnectToWireless is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the
purchased Data Services. If the Data Services, or any part thereof, for which you subscribe, are modified,
interrupted, discontinued or canceled, you will not receive a refund or credit from ConnectToWireless for any remaining used or unused subscription time. If you cancel or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions set forth herein.
18. LIMITATION OF LIABILITY. ConnectToWireless is not liable to you for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. ConnectToWireless will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any service or equipment provided by or manufactured by third parties. When your ConnectToWireless phone is returned to ConnectToWireless for any reason, ConnectToWireless is not responsible and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads you may have stored on your phone or which may remain on your phone.
You agree to indemnify and hold harmless ConnectToWireless and all affiliated or related companies from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a ConnectToWireless phone and/or use of the ConnectToWireless Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
20. BINDING ARBITRATION. 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), EXCEPT FOR
CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR
TAMPERING OF YOUR CONNECTTOWIRELESS PHONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT 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 CONNECTTOWIRELESS™ AGREEMENT WITH YOU.
This provision is intended to encompass all disputes or claims arising out of your relationship with ConnectToWireless, arising out of or relating to the ConnectToWireless Service or any equipment used in connection with the ConnectToWireless Lifeline Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude ConnectToWireless from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your ConnectToWireless phone, its software, the ConnectToWireless Service and/or PIN numbers, in state or federal court. References to you and ConnectToWireless include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims, except those excluded above, will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to ConnectToWireless by contacting Customer Care 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, “AAA Rules”), as modified by this agreement. You and ConnectToWireless agree that use of the ConnectToWireless 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. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and ConnectToWireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you 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, and if this preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and ConnectToWireless in accordance with the AAA Rules, except that ConnectToWireless will reimburse you for the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. 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 waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless ConnectToWireless and you agree otherwise, the location of any arbitration shall be Los Angeles, California. Except where prohibited by law, ConnectToWireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor ConnectToWireless 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.
This Agreement shall be construed under the laws of California, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions, which will be governed by
the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where
you use or pay for the Services.
22. LIMITED WARRANTY.
Your ConnectToWireless Phone is covered by a one year limited warranty, set forth below, administered by ConnectToWireless. A reconditioned ConnectToWireless Phone also has a one year limited warranty provided by ConnectToWireless and all ConnectToWireless accessories have a 90-day limited warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from ConnectToWireless.
How to obtain Warranty Service. To obtain warranty service from ConnectToWireless on a new or reconditioned phone or ConnectToWireless accessories, please contact Technical Support from a landline or another phone in order to avoid using up your minutes. If your problem cannot be resolved over the phone, our ConnectToWireless technicians will provide you with a Ticket Number, which you will use to send your phone and/or accessories to the designated ConnectToWireless Service Center for repair or replacement, at ConnectToWireless’ discretion.
Terms of Limited Warranty. ConnectToWireless warrants to you, the Customer, that your ConnectToWireless cellular phone (“Product”) is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:
- The limited warranty for the Product extends for ninety (90) days beginning on the first date of
activation of your phone.
- The limited warranty extends only to the original customer (“Consumer”) of the Product.
- The limited warranty is not assignable or transferable to any subsequent end-user.
- During the limited warranty period, ConnectToWireless will replace or repair, at ConnectToWireless’ sole option, any defective Products or parts (except as excluded below), or any Products or parts that will not properly operate for their intended use (except as excluded below) with new or refurbished replacement Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. ConnectToWireless may, at its sole discretion, replace the Product with a refurbished phone of the same model if available, or if not available, of a comparable model of phone. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. ConnectToWireless’ limit of liability under this limited warranty is the actual cash value of the Product at the time the Consumer returns the Product to ConnectToWireless for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. ConnectToWireless shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.
- The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
- 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 ConnectToWireless, including damage caused by shipping.
- The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source.
- ConnectToWireless was not advised in writing by the Consumer of the alleged defect or malfunction of the Product within ten (10) days after the expiration of the applicable limited warranty period.
- The Product serial number plate or the enhancement data code has been removed, defaced or altered.
- 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.
- The Product is outside of the Limited Warranty period.
- ConnectToWireless does not warrant uninterrupted or error-free operation of the Product or service. ConnectToWireless cannot and does not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur.
- If a problem develops during the limited warranty period, the Consumer shall contact ConnectToWireless Customer Care for repair or replacement processing of the Product. ConnectToWireless shall, at its discretion, provide a replacement product that may consist of a refurbished phone of the same model if available, or of a comparable model.
- You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications.
- CONNECTTOWIRELESS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. CONNECTTOWIRELESS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CONNECTTOWIRELESS KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. CONNECTTOWIRELESS SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.
- 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 Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may have other rights, which vary from state to state.
- ConnectToWireless 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.
- This is the entire warranty between ConnectToWireless and the Consumer, 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.
- This limited warranty allocates the risk of failure of the Product between the Consumer and ConnectToWireless. The allocation is recognized by the Consumer and is reflected in the purchase price.
Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in Digital Mode and are approximate.