Cellular ONE® Terms AND Conditions of Service
LAST Revised: May 14, 2015 zz
These Terms and Conditions and the preceding pages [the customer information and credit pages you filled out with our representative at activation or account modification] are an agreement ("Agreement") for wireless radio telecommunications services and related services and/or features ("Service") between you and Cellular One ["we" or "us"] for Service associated with your assigned telephone, data and/or messaging number(s) ("Number") for the Term of this Agreement, without regard to where you reside or work. The terms and conditions of your Service are governed by this Agreement and the rates and terms of the calling, device payment, data or mobile Internet plans, features and/or promotions you select, as described in Calling Plan, feature and promotional brochures and materials, and any installment contract (collectively, your "Calling Plan") and at www.cellonenation.com, all of which you acknowledge were provided when you activated Service and are a part of this Agreement. The term "Phone" means the SIM (Subscriber Identity Module) Card and/or wireless receiving and transmitting equipment that we have authorized to be programmed with the Number, including phone(s) and/or other device(s), and any accessories. If you 1) use the Service or the Phone or 2) accept any benefit in exchange for committing to new terms and conditions and/or a new contract term, or 3) pay any amount billed to your account, you consent to the terms and conditions in this Agreement. If you do not agree with these terms and conditions, do not use the Service or Phone and notify us immediately to cancel service.
1. SERVICE. a. TERM; EARLY TERMINATION FEE. The term of this Agreement ("Term") for each Number depends on the selected Calling Plan, services, features or promotions shown on the front of this Agreement ("Calling Plan"). The Term for each Number begins on the date we activate Service for that Number and ends on the expiration date ("Service Commitment"), except that a new Term may replace the initial Term upon a material change of features or Calling Plan. If you select a Calling Plan, service, feature or promotion which requires a Service Commitment of more than one month (such as a two-year Calling Plan, service, feature or promotion), you agree to purchase service for the full term of the Service Commitment. After the fixed term expires, or if you are not on a fixed term (such as a "monthly" Calling Plan, service, feature or promotion), this Agreement will continue month-to-month until terminated by either party. Any termination by you requires no less than 30 days advance written notice. If you terminate before the end of your Service Commitment for any reason other than a) in accordance with the satisfaction guarantee policy within 15 days after initial Service activation or b) pursuant to a change of terms, conditions or rates as set forth below, or if we terminate following your default or as otherwise permitted herein, including if you port the Number to another carrier during the Service Commitment, you will be in material breach of this Agreement. You agree our damages will be difficult or impossible to determine and, as a reasonable estimate of our damages and in addition to all other amounts owing, you agree to pay us an Early Termination Fee in the amount of up to $250 for each Number (or up to $175 for each Number associated with an XLR8 installment plan), as well as an additional amount up to $100 for each Number with a data service plan or component. You may not be eligible for new customer promotions in the future. If at the time the Service is initiated we are unable to port a telephone number into our Service from another carrier, you may request that we assign you a different telephone number, or you may choose to terminate this Agreement, but agree to pay for any services and equipment used prior to the termination.
b. RATES. Your Service rates and other charges and conditions for each Number or Phone are described in your Calling Plan. All Calling Plans are not available in all areas. Cellular One Calling Plan rates do not include taxes and fees unless specifically noted. You may be ineligible to switch to certain Calling Plans. If you lose eligibility for a Calling Plan, we may terminate your Service or, at our option, offer you a different Calling Plan for which you are eligible. If you misrepresent your eligibility for any Calling Plan, you agree to pay us the additional amount you would have been charged under the most favorable Calling Plan for which you are eligible. If you change your Calling Plan, we may charge a Plan transfer fee and a new Term may apply. We also may charge you for other reasonable taxes, charges, and cost recovery, including fees to port a telephone number into our Service from another carrier, or to port a telephone number out of our Service to another carrier.
c. AVAILABILITY / INTERRUPTION. Service is normally available when your Phone is within the operating range of our system and may be available outside of that area in other participating carrier service areas (Roaming). Service is subject to transmission limitations and interruptions, which may be caused by weather, terrain, obstructions such as trees or buildings, Roaming, and other conditions. Service may be limited where coverage is unavailable or temporarily limited for reasons beyond our control, system capacity limitations, repairs or modifications, priority access by government personnel in emergencies, or in response to suspected fraud, misuse, or viruses. Interruption may result from nonpayment of charges by you. We may block calls to categories of numbers (e.g. 976, 900 and certain International destinations) if, in our sole discretion, we experience excessive billing, collection, fraud or network misuse with calls to those numbers. Coverage gaps exist within the service areas shown on our coverage maps, which by their nature are approximations of actual coverage. We do not guarantee uninterrupted Service or coverage. We cannot assure you that if you place a 911 call you will be located or make any other assurances about 911 availability or functions. When calling 911, always tell the operator your location, phone number, and nature of the emergency.
d. USE OF SERVICE/PHONE/NUMBER. You agree not to use the Phone or Service for any unlawful or abusive purpose or in any way that damages our property or interferes with or disrupts our system or other users. You will comply with all laws while using the Service and will not transmit anything that violates any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content transmitted through your Phone. Resale of Service is prohibited without prior written contract with us and any required regulatory approvals. You agree that we may take any action we deem necessary to protect our employees, network, or other customers' usage, and subject to applicable laws, government orders, and rules, we reserve the right to limit, slow, discontinue or terminate your use of Phone(s), Number(s) and Service(s). You are responsible for ensuring your Phone is compatible with the Service and meets federal standards. We may refuse to permit equipment acquired from others to be used with our Service, to any extent permitted by law. You may not install any amplifiers, enhancers, repeaters or other devices that may modify, disrupt or harmfully interfere with our authorized radio frequencies. You have no ownership rights in any Number, IP address or e-mail address we provide, and you agree we may change these at any time with or without prior notice to you. By using Service or our Applications, you agree to abide by the terms and conditions of any applicable software licenses and other applicable terms and conditions. By activating Service that uses a SIM card, you agree that we own the intellectual property and software on the SIM card, we may change, add or remove software, applications or other data on it remotely and without notice, and we may use any capacity in it for network, administrative, business and/or commercial purposes.
e. CUSTOMER-SUPPLIED DEVICE. You may supply your own mobile device, if it is compatible with GSM service; we cannot, however, guarantee the functionality or performance of devices not tested and approved for use on the Cellular One network. If you supply your own device, please note: i) the device must be reconfigured to make use of web and messaging services, and we cannot guarantee it will be fully functional on the network upon reconfiguration; ii) we are able to support or unlock only the handsets we sell; if your device cannot be readily configured for web and messaging, you may need to contact the manufacturer for assistance; iii) your device may have difficulty accessing the internet or sending and receiving SMS and MMS messages; iv) you may experience problems with voice or data services while roaming. Please understand that, while Cellular One's Customer Service Representatives will attempt to assist with problems, they are not trained to support devices not approved by Cellular One for use on our network.
f. NUMBER PORTABILITY. If you ask us to port a telephone number from another carrier to use as the Number for the Service, you specifically authorize us to communicate and exchange Information with that carrier to validate and complete the port and to port your telephone number. We will make every effort to honor your request. Our ability to do so may be restricted by factors such as the policies or actions of the other carrier, the telephone number rate center, or other technical, regulatory, or contractual limits. If you terminate Service pursuant to this Agreement, we will make every effort to honor your request to port the Number out. We may refuse if the other carrier cannot provide adequate validation Information for your account. We may be unable to complete a port if the port request is received after the account is terminated. You acknowledge that E-911 service will be impaired during processing of a port.
g. UNAUTHORIZED USAGE. You may not program the Number into any equipment other than the Phone or change the Phone electronic serial number (ESN) or Equipment Identifier (EID). If your Phone is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). Until you notify us, you will remain responsible for all such charges to your account. We have the right to interrupt or restrict Service without notice to you, if we suspect fraudulent, illegal or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to reasonably cooperate will result in your liability for all fraudulent usage.
2. CHARGES/PAYMENTS/DEFAULT. a. CHARGES. You are responsible for paying all charges to your account including, but not limited to: outgoing and incoming airtime, access, features, data usage, messages, roaming, long distance, fees, charges, third party charges, directory and operator assistance charges, the price of Phones and accessories, shipping/handling fees, and any taxes, surcharges, fees, assessments, or recoveries reasonably determined by us to be imposed on you or us as a result of use of the Service or purchase of goods. If you activate Service on behalf of an entity but were not so authorized, you will be personally responsible for all charges to the account and bound by this Agreement as if you had activated Service on your own behalf. Roaming charges may apply to calls placed from outside your home/local calling area, ordinarily meaning our owned network in your state, or as defined in your Calling Plan. Roaming and long distance charges apply outside the United States as defined in your Calling Plan. We reserve the right to deliver some or all of your long distance calls to a long distance provider of our choice. For all incoming and outgoing Service, the length of call will be measured during the time that you are connected to our system, which is approximately from the time you press "Send" or other key to initiate or answer a call until approximately the time you press "End" or other key to terminate the call. Airtime usage is billed in full minute increments, with partial minutes of use rounded up to the next full minute. Your phone can process more than one call at a time. Certain calls or features involve multiple calls and you will be charged separately for each minute of use. These include forwarded calls (into your phone and out to a forwarded number), call waiting, conference calling and unanswered incoming calls to voicemail. You will not be charged for busy or unconnected calls made from or received in your local area (as defined in your Calling Plan) if you press "End" or "No" in a reasonable time. If your Calling Plan includes an allotment of Service (airtime, megabytes or text messages), unless otherwise specifically provided in the Calling Plan, any unused allotment from one billing cycle will not carry over to any other billing cycle. If your Calling Plan includes Mobile-to-Mobile Minutes, only voice calls placed, received and completed between Cellular One Devices, entirely on your home/local Network or in your Calling Plan Area if included in Mobile-to-Mobile by your Calling Plan, will be billed as such Minutes. Local and roaming overage charges will apply to airtime exceeding any set number of minutes included in your Calling Plan. Some Calling Plans may require a certain percentage of usage on our Cellular One home/local network. If a majority of data and/or voice usage in any billing cycle period does not occur on your home/local Cellular One network, or if your usage adversely affects other customers or the network or Cellular One, we reserve the right to terminate your Service or move you to another plan for which you otherwise qualify. Please refer to your Calling Plan or www.cellonenation.com, or ask store for details. Data usage is billed by kilobytes or event, depending on your Calling Plan. Partial kilobytes are rounded up to next kilobyte. You are responsible for all data use associated with your Phone, regardless of whether receipt or transmission is successful.
b. BILLING AND PAYMENT. Your bill format may change from time to time at our option. Payment of all charges is due on receipt of invoice. Billing cycle dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorations. Airtime, if billed in a subsequent month due to delayed reporting between carriers, will be charged as if used in the month billed. If you authorized payment by credit card or ACH (Automatic Clearing House), no additional notice or consent will be required to bill that card or account.
c. LATE PAYMENTS/DISPUTES. Time is of the essence for payment. Therefore, you agree to pay us a monthly late payment fee for amounts unpaid 30 days after the date of the invoice, in the amount of $10. Acceptance of late or partial payments (even if marked "Paid in full") shall not waive any of our rights to collect the full amount due. We will assess an additional fee of up to the maximum amount allowed by law for any check returned for nonpayment. All amounts due, including disputed amounts, must be paid by due date regardless of the status of any objection. All communications concerning disputed amounts owed, including any instrument tendered as full satisfaction, must be (i) in writing, (ii) marked "Billing Dispute" on the outside of the envelope, (iii) sent to our address on the front of the Agreement, and (iv) received by us within 30 days after receipt of the invoice. If any of these requirements is not met you will waive any objection.
d. DEFAULT/TERMINATION. If you fail to pay any amount owed to us or an affiliate within 30 days after the invoice date, refuse to pay, have amounts still owing to us or an affiliate of ours from a prior account, breach any representation to us or fail to perform any of your promises in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default. You will be in default if you behave in an abusive, derogatory, threatening or other unreasonable manner with any of our officers or employees. If you are in default we may, without notice to you, suspend Service and/or terminate this Agreement in addition to all other remedies available to us. You remain responsible for paying your monthly Service fees if your Service is suspended for Default. We may assess a suspension fee in the event of suspension of your account. Upon termination and/or porting the Number to another carrier, you remain responsible for payment of all amounts and charges owing under this Agreement, including any Cancellation Fee. You agree to pay all costs, fees and expenses, including reasonable attorneys' fees, collection fees, and court costs, we incur in enforcing this Agreement. Third Party promotions and/or discounts may terminate upon termination of this Agreement. In order to offer Service reliably and at reasonable rates, we reserve the right to modify, add, or reduce coverage, connections, features, services, speeds, capacity, signal strength, roaming or other network arrangements, and other aspects of service, and to modify, suspend or discontinue service, with or without notice as legally applicable.
e. DEPOSITS/SERVICE LIMITS/CREDIT REPORTS/RETURN OF BALANCES. You authorize us to ask consumer reporting agencies or trade references for employment and credit information about you, and you consent to our rechecking and reporting personal and/or business payment and credit history. If you believe we have reported inaccurate information to a consumer reporting agency, you may send a written notice describing the specific inaccuracy to the address on this Agreement. We may require a deposit or set a service limit to establish, maintain or reactivate Service. The deposit cannot be used by you to pay your bill or delay payment, but we may apply it to pay charges on your account. Unless otherwise required by law, deposits may be mixed with other funds and will not earn interest. We may require you to increase your deposit to reflect estimated monthly charges based on actual usage or our reevaluation of your ability to pay. You may request deposit reevaluation annually which may result in a partial or total deposit refund or credit. If your account usage exceeds a service limit, we may suspend service until it is brought within the limit, and we may charge a suspension fee to reimburse our costs of suspending the account. If you breach this Agreement or it is terminated, we may, without notice to you, apply any deposit or payment towards payment of any charges due. Recurring service charges are incurred in advance, in billing cycle increments. In the event of termination, you are responsible for all charges incurred through the last day of then-current billing cycle, including the Service charges for the then-current billing cycle. At your request after termination we will return any remaining deposit or other amount due to you by mail to your address in our records, except any amount applied toward amounts due, and except any remainder under $10, which will be retained to cover the cost of closing the account. If you do not cash a returned payment within one year after it is sent, the amount will be forfeited.
f. ACCOUNT INFORMATION. Any authorized Agent or Person so designated on the front of this agreement (as changed by you from time to time in writing), or any person authorized by you in writing, may receive information about and make changes to your account. If a business or government entity pays or is liable for your Service charges, you authorize us to share your account information with that entity and its authorized agents. Any person providing your name, password and Number may receive information about and make changes to your account, including adding new Service.
g. CPNI CONSENT. Under federal law, you have a right, and we have a duty, to protect the confidentiality of your Customer Proprietary Network Information (CPNI). CPNI is information about your telephone use, services you buy from us, who you call, and the location of your device when you make a voice call. We will not without your consent sell or disclose CPNI to third parties not affiliated or authorized by us to sell products and services or perform functions on our behalf. By signing this Agreement, you consent to the provisions of this paragraph; this consent, or any denial by you of it, survives termination of your Service and is valid until you remove it. You consent to us using and sharing your CPNI with our affiliates and contractors to develop or bring to your attention any products or services. To revoke your consent to optional uses of your CPNI, notify us at any time in writing to our address on this Agreement, providing your name, home address, home phone number including area code, wireless phone number including area code, service billing address, and service account number. Revoking consent will not affect your current Service or alter terms of this Agreement. We may use and share your CPNI with our affiliates, contractors, and other carriers, to provide and bill for the Service, conduct collections, offer services of the type you already purchase from us, investigate and protect against fraud and unlawful use of our network and services, validate and/or accomplish any request for number portability, and for legal and regulatory reasons such as compliance with court order, warrant or subpoena.
h. 15 DAY SERVICE CANCELLATION POLICY. If you are not completely satisfied with your new Cellular One service, contact us for technicians to work with you to resolve the problem. If we cannot, you may return your device in like-new condition with box, charger and inserts and deactivate service within 15 days of purchase and activation. We will cancel your contract and waive your early termination fee. You will be responsible for service used, activation fee, and other charges, fees and taxes incurred prior to cancellation. Cancellation option does not apply for existing customers that add a new line to an existing account or customers that renew or upgrade an existing line. For customers porting in a phone number from another carrier, service activation date is the day the port to Cellular One is complete. If you use the 15-day return option, your Cellular One number cannot be ported out to another carrier.
i. RETURNS POLICY. If not satisfied with an accessory you purchased from us, you may return it within 15 days of purchase for a refund. Headsets and any accessory that included software are not returnable. Handset exchanges are not permitted. Handsets may be accepted as a return only after validation as defective through Cellular One troubleshooting processes. In order to be eligible for refund of purchase price, all equipment (handsets or accessories) must be returned with original receipt and packaging, in like-new condition, within 15 days of purchase, with all included items (battery, charger, manual, etc.) and no visible damage. A restocking fee of twenty dollars ($20.00) for a handset with retail value up to $249.99 and fifty dollars ($50.00) for a device with retail value $250 or more applies to any device not returned in this condition. A fifteen dollar ($15.00) restocking fee applies for any separate accessory purchase not returned in this condition. Unused prepaid airtime balances are non-refundable. If you purchased your equipment from an authorized dealer, you may return it to that dealer location only and comply with its return policy. Purchases made by cash or check will be refunded by same method of original payment if returned with receipt on the same business day. Purchases made by cash or check and returned with receipt at a later date will be refunded by company check sent to original account holder within six (6) to eight (8) weeks of return. Purchases made by credit/debit card will be refunded to a credit/debit card. Credit or debit card must be present at time of return.
3. DATA SERVICES. a. ADDITIONAL TERMS AND CONDITIONS. These Section 3 terms and conditions are in addition to the other terms and conditions of this Agreement, and govern Cellular One data products and features (the "Data Services"), and are subject to change without notice.
b. DATA USE. We may take any action we deem necessary to protect our network and other customers' usage, and reserve the right to manage or discontinue your use of Data Services , subject to government requirements. See Cellular One Open Internet policies for details at www.cellonenation.com. Certain Calling Plans limit available content and Internet traffic. The Data Services are available only on our network and networks of our data roaming partners. An MMS (Media Messaging Service) capable phone is required for picture messaging. When using Data Services while roaming, per kilobyte charges will apply. You will be charged for all data sent by or to you through the network, whether or not received. Any fraction of a kilobyte used will be rounded up to the next kilobyte for billing and for measuring usage. Cellular One is not responsible for any content of messages or attachments, regardless of format. We may screen and delete information before delivery. Messages may be blocked through our filters designed to prevent spam and protect our Network.
c. PERMITTED DATA USES OF HANDSET SERVICE. Ordinary voice plans ("Handset Service Plans") may be used for web browsing and downloading directly using your Phone. These plans may not be used to connect a handset to a computer for Internet access, nor to tether the device (via, without limitation, connection kits, other phone/PDA-to-computer accessories, Bluetooth® or other wireless technology) to computers or other equipment.
d. PERMITTED USES OF DATA SERVICE. Data Service Plans may be used to connect a computer to the Internet through an authorized data cable or mobile PC card. Data Services may not be used: (a) as substitute or backup for private lines or dedicated data connections, if your Calling Plan includes an unlimited minutes component; (b) for any activity that adversely affects the ability of other people or systems to use either the Services or Internet based resources including, but not limited to, excessive consumption of network or system resources (even if unintentional); (c) in a way that interferes with or disrupts other network users, services or equipment; (d) for resale or enabling others to use for a fee, or for use in a business whose primary operations include data transfer for others; or (e) in any manner that violates copyright or other intellectual property rights of others.
e. CONTENT PROVIDERS. Cellular One may provide links to and billings services for certain content providers for your convenience. We are not responsible for their information or products nor any other aspect of your dealings with content providers. We are not responsible for any loss or injury arising out of or caused, in whole or in part, by any information acquired through content providers or any general information found on the Internet through use of the Service. The accuracy, appropriateness, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information, product or downloaded data is not guaranteed or warranted by Cellular One; and we are not responsible for any of these matters. We are not responsible for the safety or security of any information you provide to content providers or others while using the Service, nor for results or events relating to such provision.
f. You agree to purchase any Data Services for the full term of the Service Commitment. If, before the end of your Service Commitment, you or we terminate following your default, you will be in default, and you agree our damages will be difficult or impossible to determine. In such event, you agree to pay an EARLY TERMINATION FEE of $100 for BlackBerry, Smartphone, and Data Service services or features. This fee is in addition to any Early Termination Fee for your voice plan.
4. CHANGES. WE MAY AMEND THIS AGREEMENT, INCLUDING THE CALLING PLAN. We will not change any material terms in any way materially adverse to you without providing 14 days' notice to you by mail to your billing address or by uploading an updated version to our website. If you do not agree to such a change, you may cancel by giving us notice within 20 days of our notice, without any Early Termination Fee. If you use the Service more than 20 days after our notice, you agree to that change. If we allow you to suspend your account temporarily, we may extend the Term by the length of the suspension. We reserve the right to terminate or change your service plan if less than 50% of usage in any billing cycle is on the home/local network. The terms of our plan collateral and acceptable use policies are incorporated by reference and subject to change without notice.
5. LIMITATIONS. The limitations in this section will only apply to the extent permitted by law of the applicable jurisdictions.
a. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES (COLLECTIVELY, "CELLULAR ONE PARTIES"), NOR ANY COMPANY THAT PROVIDES PRODUCTS OR SERVICES USED TO PROVIDE OR TRANSPORT THE SERVICE OR PHONES (TO THE EXTENT WE WOULD BE REQUIRED TO INDEMNIFY IT FOR THE CLAIM ("SUPPLIER")) BE LIABLE, WHETHER OR NOT DUE TO OUR OR THEIR NEGLIGENCE, FOR ANY: (a) acts or omissions of a third party; (b) claims by third parties; (c) installation or repair of the Phone by any persons who are not our employees; (d) equipment failure or modification; (e) information provided through your Phone; (f) events beyond our reasonable control; (g) Service outages, limitations, errors or interruptions, as described in paragraph 1 c above or in any applications or software provided hereunder; (h) any loss of information or interruption of the service; (i) economic loss or injury to persons or property in connection with use of the Service, Software, the Phone or any equipment used in connection with the Phone, including but not limited to any use in a vehicle; (j) damage or injury in connection with a suspension or termination of Services or software; or (k) damage or injury in connection with any failure or delay in connecting a call or transmitting data to emergency services. THE LIABILITY OF CELLULAR ONE PARTIES FOR ANY REASON AND IN ANY EVENT SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES TO YOU DURING THE RELEVANT PERIOD OF TIME. Cellular One Parties and any Supplier are not liable for for any incidental, punitive or consequential damages such as lost profits or lost revenues. The Cellular One Parties are not liable for any acts associated with proper exercise of rights under the privacy and/or unauthorized usage provisions of this Agreement, and are not liable for any privacy, red flag rule or CPNI violations by any third party, including, without limitation, any entity or person asserting that it is our agent. This paragraph shall survive termination of this Agreement. We may place important notices and policies on our website. YOU AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING SUCH NOTICES AND POLICIES. NOTICE TO NEW AND EXISTING SUBSCRIBERS REGARDING TRANSMISSION OF WIRELESS EMERGENCY ALERTS. Cellular One presently does not transmit emergency alerts. Notice required by FCC Rule 47 CFR 10.250 (Commercial Mobile Alert Service).
b. INDEMNIFICATION. You agree to defend, indemnify and hold the Cellular One Parties and agents, suppliers to us of equipment and services that are used to provide the Services and Phones, and any other wireless service provider harmless from any claims, losses or damages relating to this Agreement or your promises or statements and/ or from use of the Phone or Service unless due to our sole or gross negligence. You agree to pay our reasonable attorneys and expert witness fees and costs incurred in enforcing this Agreement through appeal except as provided below. You are responsible for legal compliance for use of your Phone while operating a motor vehicle. You shall indemnify us from claims arising from any such unlawful use. This paragraph survives termination of this Agreement.
c. NO WARRANTIES. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE MAKE NO EXPRESS WARRANTY FOR THE SERVICE OR THE PHONE OR ANY OTHER PRODUCTS OR SERVICES WE MAY SELL OR REFER YOU TO AND DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not authorize anyone to warrant on our behalf and you should not rely on any such statement. We did not manufacture the Phone, and any statement regarding it should not be interpreted as a warranty by us. This paragraph shall survive termination.
6. MISCELLANEOUS. a. PRIVACY. We are not liable for any lack of privacy of the Service. We may use or release information about you when requested by you or your Dealer; in good faith reliance on legal process; to enforce or apply our customer agreements; to protect our rights or property, or those of third parties; where we reasonably believe an emergency threatens immediate danger of death or serious physical injury and justifies disclosure without delay. You consent to our monitoring and recording of calls to us concerning your account or the Service. Your caller ID information (e.g. name and Number) may be displayed on the equipment or bill of the call recipient; technical limitations may prevent you from blocking caller ID. If you return a wireless device to us or our agents, you assume all responsibility for first clearing its memory; we disclaim any and all liability relating to contents that were placed on the device while not in our possession.
b. ASSIGNMENT. We may assign or transfer all or part of this Agreement without that being considered a change to the Agreement and without notice to you; we are then released from all liability. You may not assign or transfer without our prior written consent.
c. NOTICES. Written notices to you will be effective and deemed received 3 days after mailed to your address in our files or on the business day of electronic delivery such as e-mail or SMS. You are responsible for notifying us of address changes. Written notice to our Customer Service mail address on your monthly bill will be effective when received by us. Oral notices are deemed effective on the date reflected in our records.
d. GOVERNING LAWS. This Agreement is subject to applicable federal laws and the laws of the state associated with physical address on the account. If there is any inconsistency between this Agreement and those laws, this Agreement shall be deemed amended as necessary to conform to such regulations. The physical address on the account at the time any dispute arises shall be the applicable address for this purpose.
e. CAPACITY. You represent that you are legally competent to enter into this Agreement, over 18 years old and not aware of any disability that would prevent you from entering into this Agreement.
7. ARBITRATION AGREEMENT. a. Most customer service issues can be resolved by calling Cellular One Customer Care at 1-866-702-1248. IN THE UNLIKELY EVENT THIS DOES NOT RESOLVE A LEGAL DISPUTE, WE EACH AGREE TO RESOLVE ALL CLAIMS AND CONTROVERSIES, REGARDLESS OF WHEN OR HOW THEY HAVE ARISEN, BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT INSTEAD OF COURTS OF GENERAL JURISDICTION. WE EACH AGREE ARBITRATION WILL BE CONDUCTED UNDER THE WIRELESS INDUSTRY ARBITRATION RULES AS MODIFIED BY THIS AGREEMENT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). Unless otherwise provided by law, you still must pay your bills during the process of resolving any dispute. IN ORDER TO PRESERVE YOUR RIGHT TO BRING A CLAIM IN ARBITRATION OR IN SMALL CLAIMS COURT REGARDING A BILL, YOU MUST WRITE US AT THE CUSTOMER SERVICE ADDRESS ON YOUR BILL WITHIN 180 DAYS OF RECEIPT OF THE BILL. IF YOU INTEND TO SEEK ARBITRATION, YOU MUST SEND US, BY CERTIFIED MAIL, A WRITTEN DISPUTE NOTICE DESCRIBING THE NATURE AND BASIS OF THE CLAIM OR DISPUTE AND THE SPECIFIC RELIEF SOUGHT. If we do not reach an agreement to resolve it within 30 days after receipt of the notice, you or we may commence an arbitration proceeding.
b. THE AAA WILL ADMINISTER THE ARBITRATION. During any arbitration between us, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. BOTH PARTIES ACKNOWLEDGE THIS AGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND THEREFORE IS SUBJECT TO THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH YOU AND WE ARE WAIVING THE RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS YOU AND WE AGREE OTHERWISE, ARBITRATION HEARINGS WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. YOU MAY ALTERNATIVELY BRING AN ACTION IN SMALL CLAIMS COURT. YOU AND WE AGREE THERE WILL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTIONS. CELLULAR ONE EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN ARBITRATION OR OTHERWISE.
c. YOU AND WE AGREE TO LIMIT CLAIMS AGAINST EACH OTHER FOR DAMAGES OR OTHER MONETARY RELIEF TO DIRECT DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. THAT MEANS NEITHER OF US WILL TRY TO OBTAIN ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS, TO THE EXTENT WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR THE CLAIM. You agree all of the limitations of liability in our Terms and Conditions of Service apply, including but not limited to the following. You agree we are not responsible for problems caused by you or others, or any act of God; missed or deleted voicemails or other messages; pictures or other information lost or deleted on your device. If another wireless carrier or supplier is involved, you also agree to any liability limitations it imposes.
d. In consumer arbitrations, filing fees may be waived by AAA in some circumstances. We will pay the arbitrator's compensation under AAA rules unless you elect to pay part or the law provides otherwise or the arbitrator determines a claim or counterclaim was filed for harassment or is patently frivolous. We will pay the expenses of the arbitrator and AAA, including costs of proof and witnesses produced at the direction of the arbitrator.
e. THIS ARBITRATION AGREEMENT IS A PART OF, AND WILL SURVIVE ANY TERMINATION OF, YOUR AGREEMENT FOR SERVICE. ADDITIONAL INFORMATION ON ARBITRATION IS AVAILABLE FROM THE AAA AT 800-778-7879 OR AT THEIR WEBSITE AT WWW.ADR.ORG
8. ENTIRE AGREEMENT. The Customer Service Agreement, including these Terms and Conditions, and any other documents made a part hereof, are the entire Agreement between you and us, which may only be amended as described herein. This Agreement supersedes any inconsistent or additional promises by any of our representatives, agents or dealers. If any part of this Agreement is found invalid, the balance remains enforceable.
15 Day Road Test (15 Day Service Cancellation Policy)
We are committed to providing you great service. To prove that, you have 15 days from purchase and activation to road test our network. If at any time during those 15 days you have issues with coverage or connectivity, simply contact us for troubleshooting. If we are unable to provide a solution, you may return your device with the box and charger and request to deactivate your service. We will cancel your contract and waive your early termination fee. You will only be responsible for the service you used, activation fees, and other charges and taxes incurred prior to cancellation. Returns that do not include all original packaging and all included items (battery, charger, manuals, etc.) will be charged a restocking fee up to $100.00. Equipment that is not in like new condition and/or has visible damage is not eligible to be returned and will not be accepted. This may result in the customer being charged the full purchase price of the device.
The 15 Day Road Test does not apply to existing customers that add a new line of service or customers that renew/upgrade an existing service line. For customers who port in from another carrier, the service activation date is considered the day the port to Cellular One is complete. If you use the 15 Day Road Test option, your Cellular One number cannot be ported out to another carrier.
If you are not completely satisfied with a Cellular One accessory you may return the accessory within 7 days of purchase for a full refund. Accessory must be returned in new condition and complete with all packaging. Certain accessories are not eligible for customer satisfaction returns once the item has been opened and removed from the original packaging. These items include: headsets - all styles (both Bluetooth and wired) and accessories containing software that requires installation of an application for the accessory to function correctly. Cellular ONE does not accept returns or offer exchanges for defective equipment. It is the customer's responsibility to process such equipment through the appropriate distributor or manufacturer warranty process. If a customer receives a device by direct or in-store fulfillment then that device may only be exchanged if a defect is noted by the customer within one business day of receiving the device and that defect is clearly and specifically demonstrated to a Cellular ONE representative. Cellular ONE does not accept handset returns for vanity reasons or because a customer decides after leaving the store that he or she is not satisfied with some aspect of the device. Unused prepaid airtime balances are non-refundable. Purchases made by cash or check will be refunded by the same method of original payment if returned within the same business day. Purchases made by cash or check and returned at a later date will be refunded by a company check. Purchases made by a credit/debit card will be refunded to a credit/debit card. Credit or debit card must be present at time of return. Check refunds will be sent to the original account holder within six (6) to eight (8) weeks of return.
PLEASE READ CAREFULLY. By joining the CellOne Rewards Program (the "Program"), you agree to the following terms and conditions ("Terms and Conditions").
A. Overview of the CellOne Rewards Program
1. The Program is a loyalty program sponsored by MTPCS, LLC d/b/a Cellular One ("Sponsor") through which individuals may receive notices of available discounts, whether expressed as percentages ("Discounts"), as points ("Points"), or through coupons ("Coupons"). These notices (each, a "Message") may be conveyed in electronic text messages, electronic mail, statements or symbols on the Rewards or CellOne Central App ("App") or on a Sponsor web page, or through other methods as may be added by Sponsor from time to time. Individuals must visit Cellular One stores to redeem their Discounts or Points, use Coupons, or have their accounts credited if and to any extent specifically provided for in content on the App or website.
2. All individuals properly enrolled in the Program in accordance with the requirements of Section D below will be deemed "Enrollees."
3. An Enrollees may use Discounts, Points and Coupons only while his or her Cellular One monthly service account remains open and in good standing.
4. An Enrollee may use Discounts, Points and Coupons that are for specific merchandise or services only while the merchandise or services described in the applicable Message are available in the Cellular One store the Enrollee visits for redemption.
5. Authorized users may not have the ability to use the Program unless authorized by the account holder. If a Cellular One account holder indicates that an authorized user on that account may use the Program, Sponsor may enable the authorized user to redeem the account's Discounts and Points and use Coupons from the account. Authorized users have no independent rights under the Program or these Terms and Conditions. An authorized user and the applicable account holder are both responsible for the authorized user's compliance with these Terms and Conditions.
1. The Program is open to current customers of Cellular One and its affiliates. Employees, directors and officers of Cellular One and its affiliates, and their respective parent and subsidiary companies, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are not eligible to enroll in the Program, and may not be eligible for all promotions or offers available via the Program, including without limitation, sweepstakes or similar promotions. Such individuals should refer to the official rules for any such promotion or offer for complete eligibility details. Employees, contractors, agents, directors and officers of any third-party entities involved in the development or execution of the Program or production or distribution of Program materials, as well as their immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are not eligible to participate in the Program. The Program is subject to all applicable laws and regulations. Void where prohibited by law.
2. Eligibility for benefit levels may vary based upon customer account term and status. Account must be open and in good standing in order to redeem program benefits.
3. Enrollment or participation in the Program constitutes Enrollee's full and unconditional agreement to these Terms and Conditions.
C. Enrolling in the Program
1. Individuals will be enrolled in the Program if they are Cellular One customers.
2. Individuals under the age of majority in their state of residence at the time of enrolling must obtain permission from their parent or legal guardian to enroll and for the collection and storage of information directly from the child, including but not limited to information about the child's CellOne Central activity, including purchase, length of service terms with Cellular One, account status and Rewards history, and for any collection and storage of the child's name, gender, age, mailing address, city, state and zip code for purposes of administering this Program. The number of Points available to an Enrollee are intended to be recorded and tracked in the Enrollee's Account.
D. Duration of Program
The Program begins when the first Message is received by a customer's mobile device receiving Cellular One service and will continue until such time as Sponsor, in its sole and absolute discretion, elects to terminate the Program (the "Program Term"). Sponsor reserves the right to shorten, extend, modify, terminate, or cancel the Program, at its discretion, at any time as further described in Section G below. Enrollees can collect Points, Coupons or Discounts only during a Redemption Term, as defined below, and only by the methods set forth in Section E below. Enrollees may only redeem Points, Coupons or Discounts during the "Redemption Term," which, if not otherwise defined in a Message, a Coupon, or information available at Cellular One stores, shall be deemed defined to be a period ending upon the sooner of: (a) six (6) months after the Notice of the benefit is available to the enrolled customer, or (b) the end of the Program Term, or (c) termination of the customer's status as eligible for the Program.
E. Collecting Points
1. Enrollees may collect Points, Discounts and Coupons only during the Program Term.
2. Coupons and Discounts may be redeemed by entering Discounts the customer receives directly from Cellular One during the Program Term. Locate the unique bar code Discount on your App, website, or as otherwise instructed. Bring the Discount or Coupon to your local Cellular One store. Points, Coupons and Discounts will be subject to verification and, if approved by the Sponsor in its sole discretion, will be credited to the Account, ordinarily during or within fifteen (15) minutes after processing in a Cellular One store, but in any event not intended to take more than two (2) to three (3) weeks. This process must be completed by Enrollee by no later than the end of the Program Term.
3. Enrollees may collect Points for certain products purchased and/or by other methods as described on the App only during the Program Term. Sponsor reserves the right to change the number of Points awarded for purchases at any time in its sole and absolute discretion.
4. Each Discount, Points, or Coupon may be used one time only and may not be combined or transferred to other customers' accounts. Any attempt to combine, transfer, duplicate, misuse or alter Discounts, Coupons or Points may result in disqualification from the Program and forfeiture of some or all Discount, Coupons or Points and benefits credited to any Enrollee's Account. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that an Enrollee (or Enrollees) have violated this Section.
5. Sponsor reserves the right to change, add, or remove the methods by which Enrollees can collect Points, Discounts and Coupons. Enrollees are responsible for the payment of all taxes which may result from Reward(s) received as part of the Program.
6. Each Enrollee is responsible for ensuring the accuracy of his/her Account and is encouraged to check his/her Account regularly.
7. If an Enrollee believes Points, Discounts or Coupons were not properly credited to his or her Account, the Enrollee must notify the Sponsor by using the "Contact Us" form on the www.cellonenation.com website within fifteen (15) days of the day of attempted redemption.
8. Enrollees should save each original official Discount, Coupon or Points communication, original receipt(s) and proof(s) of purchase, as well as any confirmation email(s), mail, or text(s) referencing Points or discounts credited to their Account, for at least ninety (90) days after the date Enrollee redeems an item, as it may be necessary to later submit them for verification. Sponsor reserves the right to require proof including, but not limited to, the original official communication(s) and proof of purchase materials. Sponsor's decisions regarding the awarding of Points are final and binding.
9. Points have no cash value and are only redeemable: (a) for Rewards offered via the Program and (b) pursuant to these Terms and Conditions.
F. Redeeming Points
1. Enrollees may redeem Discounts, Coupons, or Points for merchandise, discounts, offers and other items of value ("Rewards") designated for them on the App while supplies last and only during the Redemption Term, as defined in section C above. Sponsor reserves the right to modify the list of Rewards available for redemption, as well as corresponding Point values, at any time and for any reason in Sponsor's sole and absolute discretion.
2. To redeem Points during the Redemption Term, review the Rewards listed on the App or Website. Enrollees may select any Reward still available and in stock for which Enrollees have accumulated sufficient Points for redemption. Click the "Redeem" button corresponding to the item an Enrollee wishes to redeem and follow the links and instructions to complete the redemption process. Any applicable duties or taxes associated with or arising from the shipment of any Reward to an Enrollee are not included and will be Enrollee's responsibility.
3. All redemptions for Rewards are final. Refunds, exchanges and other issues are governed by the vendor's Terms and Conditions applicable to the purchase and are not the responsibility of Sponsor.
4. Sponsor reserves the right to modify available Rewards and corresponding Points totals, Coupons, and Discounts at any time in its sole and absolute discretion.
5. Any Points remaining in an Enrollee's Account which has remained inactive will be forfeited without compensation. Failure to use the App, website or to visit a store and request redemption constitutes inactivity for purposes of this condition.
6. Please note: POINTS, COUPONS AND DISCOUNTS HAVE NO CASH VALUE AND ARE ONLY REDEEMABLE DURING THE REDEMPTION TERM AND ONLY FOR APPLICABLE REWARDS, WHILE AVAILABLE, OFFERED THROUGH THE PROGRAM.
G. Modifications and Termination of the Program
1. Sponsor reserves the right to modify any of the Terms and Conditions set forth herein -- including, but not limited to, the length of the Program Term or Redemption Term, methods by which Enrollees can collect Points, Discounts or Coupons, the eligible Rewards, the number of Points associated with the purchase of eligible Rewards, the number of purchases through which Enrollees may collect Points, or the time period of receiving Cellular One service required to collect Points, Discounts or Coupons, the number of Points that may be redeemed through the Program, and any of the options made available to Enrollees with respect to or in recognition of their Accounts or Account status -- at any time, with or without notice, even though these changes may affect an Enrollee's ability to collect or use his/her Points, Coupons or Discounts.
2. Sponsor reserves the right to cancel or terminate the Program at any time, for any reason, with or without notice, even though cancellation or termination may affect an Enrollee's ability to collect or redeem his/her Points, Discounts, or Coupons. In the event of termination, Enrollees will have thirty (30) days from the Program termination date to redeem their Points, or any longer period required by law. Enrollees will not be able to collect additional Points during this period. Thereafter, any Points remaining in an Account will have no value and will be forfeited without compensation.
3. An Enrollee's continued participation in the Program constitutes the Enrollee's acceptance of any changes to these Terms and Conditions. Enrollees are responsible for remaining knowledgeable as to any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.cellonenation.com and will supersede all previous versions of these Terms and Conditions.
H. General Terms and Conditions
1. Enrollee agrees to: (a) the use of Enrollee's personal information by the Sponsor for the purposes of administering the Program and distributing Rewards and (b) the use by Sponsor of the Enrollee's submitted personal and other information, in a manner consistent with the Cellular One Terms and Conditions of Service, available at https://www.cellonenation.com/Terms-of-Service and the Terms and Conditions for use of the App, available at https://www.cellonenation.com/Data/Pages/c1c_terms_conditions.htm, all of which sets of Terms and Conditions are incorporated herein by reference. Enrollee's personal information will not be provided to any third parties, other than as may be provided for in these Terms and Conditions of Service.
2. Sponsor reserves the right to discontinue the participation privileges of any Enrollee who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, municipal, territorial or local laws, statutes or ordinances. The sale, distribution or purchase of Discounts, Coupons or Points outside of the methods set forth in these Terms and Conditions is unauthorized and expressly prohibited. Sponsor specifically prohibits the transfer of Program Discounts, Coupons or Points. Sponsor reserves the right to invalidate any Discounts, Coupons or Points it suspects have been sold, distributed or purchased in a manner inconsistent with these Terms and Conditions. Discontinued participation privileges may result in the loss of all accumulated Points and any discounts taken. In addition to discontinuance of participation privileges, Sponsor may take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
3. The Program is provided to individuals only. Corporations, associations or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating Points for combined use.
4. Points do not constitute property of an Enrollee and may be revoked at any time by Sponsor. Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Enrollees while participating in the Program.
6. All questions or disputes regarding eligibility for the Program, collecting or redemption of Points, or an Enrollee's compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
I. Limitation of Liability; General
1. Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Enrollee, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, neither Sponsor, nor its affiliates, nor Trilogy Partners, nor their respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials ("Releasees") shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES AN ENROLLEE ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF POINTS. BY PARTICIPATING IN THE PROGRAM, AN ENROLLEE AND ANYONE CLAIMING THROUGH OR IN CONNECTION WITH AN ENROLLEE WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Sponsor, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered by the Rewards providers. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARDS PROVIDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all Enrollees. Enrollees agree to rely solely on the manufacturer's warranties, if any, for any Rewards redeemed through this Program.
2. As a condition of participating in this Program, Enrollee agrees that: (a) any action at law or in equity arising out of or relating to these Terms and Conditions or the Website shall be filed, and that venue properly lies, only in state or federal courts located in Philadelphia, Pennsylvania, or for arbitration by an arbiter selected in accordance with the commercial rules of the American Arbitration Association, for arbitration in Pennsylvania, and Enrollees hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, or to arbitration before said arbiter; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (c) under no circumstances will Enrollee be permitted to obtain awards for, and Enrollee hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
3. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the laws of the United States, without giving effect to any principals of conflicts of law. Sponsor makes no representation that the content on the Website is appropriate or available for use in any particular location. Those who choose to access the Website act on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
4. These Terms and Conditions constitute the entire agreement between Enrollees and Sponsor pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
5. Cellular One® is a registered trademark of PN Cellular, Inc., and CellOne Rewards™ and CellOne Central App™ are service marks of MTPCS, LLC; all rights reserved.
6. If any provision of these Terms and Conditions is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.