Welcome to TruConnect ("us," "we," "our" or "TruConnect"). Thank you for choosing us as your carrier. Please read these Terms and Conditions carefully, as they apply to all TruConnect devices, services, and related products or features (collectively, the "Service" or "Services") that we provide to you. For any questions, please call Customer Service at 1.800.430.0443.
TRUCONNECT TERMS AND CONDITIONS OF SERVICE
2. DISPUTE RESOLUTION. Any Dispute between you and TruConnect shall be resolved, upon the election of either you or TruConnect, by binding arbitration. References in this provision to "Dispute" shall be given the broadest possible meaning and shall include any dispute, claim, or controversy arising from or relating to this Agreement or Services and/or Products provided under this Agreement, including but not limited to: (a) all claims for relief and all theories of liability, whether based in contract, tort, statute, regulation, ordinance, fraud, or misrepresentation; (b) all disputes regarding the validity, enforceability or scope of this arbitration agreement (with the exception of its class action waiver); (c) all disputes that arose before this Agreement; (d) all disputes that arise after the termination of this Agreement; and (e) all disputes that are the subject of a putative class action in which no class has been certified. References in this provision to "us" include our parents, subsidiaries, affiliates, predecessors, successors, and assigns and our and their directors, officers, employees and agents. References in this provision to "you" include all beneficiaries of this Agreement and all users of the Services provided under this Agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court or bring Disputes to the attention of federal, state, or local agencies, including, but not limited to, the Federal Communications Commission. Because this Agreement and the Services provided under this Agreement concern interstate commerce, this arbitration agreement shall be governed by the Federal Arbitration Act ("FAA"). The party initiating an arbitration may choose from the following independent, impartial arbitration administrators:
American Arbitration Association725 South Figueroa, Suite 400
Los Angeles, CA 90017
1920 Main Street,
Irvine, CA 92614
Copies of their respective rules for consumer disputes and forms and instructions for initiating an arbitration may be obtained by contacting them or visiting their websites. Any arbitration shall be conducted pursuant to the arbitration administrator's rules for consumer disputes in effect when the arbitration is initiated except to the extent they are inconsistent with this arbitration agreement. If the arbitration administrator will not enforce this arbitration agreement as written, the parties shall agree on or mutually petition a court of competent jurisdiction to appoint a substitute arbitration administrator who will do so. The arbitrator shall enforce contractual, statutory and other limitation periods and shall honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered in any court having jurisdiction. If we initiate the arbitration, we will notify you in writing at your then-current account address or (if your account is closed) the last address at which we contacted you. If you initiate the arbitration, you must notify us in writing at the address set forth in the "Notices" section. If your Dispute does not exceed $10,000, we will reimburse your filing fee and will pay the arbitrator's other fees, costs and expenses. If you cannot pay the filing fee, you may request that we pay the filing fee directly. If, however, the arbitrator finds that your Dispute is frivolous or brought for an improper purpose, you shall reimburse the filing fee to us and the payment of the arbitrator's other fees, costs and expenses shall be governed by the arbitration administrator's rules. You may hire an attorney to represent you in the arbitration proceeding and may recover your attorneys' fees and costs in arbitration to the same extent as you could in court if the arbitration proceeding is decided in your favor. We may hire an attorney to represent us in the arbitration proceeding but waive any right to recover our attorneys' fees and costs if the arbitration proceeding is decided in our favor. Unless you and we agree otherwise in writing, any arbitration hearings will be held in the county of your then-current account address or (if your account is closed) the last address at which we contacted you. Parties agree that TruConnect may appear telephonically for any arbitration hearings under this Agreement. CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without a court or arbitrator determination of unenforceability. If a claim proceeds in court rather than in arbitration, for any reason, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY NAMED IN THE ARBITRATION PROCEEDING AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. This arbitration agreement shall survive the termination of this Agreement or the Service relationship. Unless otherwise provided by applicable law, or otherwise in this Agreement, neither party has the right to bring a Dispute or other legal action under this Agreement more than one (1) year after the Dispute arose.
3. START OF SERVICE AND RATE PLANS
When you activate Service, you may receive a Service Contract, a Rate Plan, and/or a copy of these Terms and Conditions. These materials and any documents expressly referred to herein or within those documents, if any, make up the complete Agreement between you and TruConnect and supersede any and all prior and contemporaneous agreements, arrangements, representations, advertising, contracts, statements, offers, and understandings relating to the subject matter of this Agreement, whether oral or written, including, but not limited to, all previous versions of the Terms and Conditions. You cannot rely on any other documents or statements by any sales person, service representative or other agent and you acknowledge and agree that you have not relied on any representation, assertion, guarantee, warranty, contract or other assurance, stated or made by anyone except those set out in this Agreement. Contact us by writing to the address set forth in the "Notices" section or by calling the appropriate customer service number applicable to your Service, as provided at the TruConnect website if you (a) are missing any of these materials or documents, (b) would like printed copies of any of them, or (c) if you have any questions about them.
This Agreement governs the sale, use, and delivery of the Services to you (the purchaser or user) by TruConnect. Certain other laws and binding tariffs for certain Services, which can be found at the TruConnect website, may also govern our provision of Services to you and these laws are incorporated in their entirety by this reference into this Agreement as if set forth specifically in this Agreement. Your Services are also subject to, and you agree to adhere to, our business policies, practices, and procedures, which we can change without notice to you (collectively, the "Policies"). Our Services and Rate Plans are intended for reasonable use. The Rate Plan you select determines the charges you are required to pay for Service, including any applicable fees and surcharges. Offers may not be available everywhere or combinable with other promotions/options.
4. CHANGES TO AGREEMENT. We may change this Agreement at anytime, including the Rate Plan that you selected upon initiation of Service. The Rate Plan, as modified by us from time to time in accordance with this Agreement, will remain in effect for the Term of your Service, until or unless we change your Rate Plan or you choose to subscribe to a different Rate Plan, if available to you. If you wish to change your Rate Plan, you may contact us to request a change. Rate Plan changes may not be effective immediately, and you may be required to pay to make such changes. We may change the price and structure of your Rate Plan, and/or modify the costs, services, or requirements of our Rate Plans at any time without prior notice to you.
With respect to domestic and/or international long distance, roaming, or any other Services TruConnect provides, we may change the locations where such Services may be used or where calls can be placed, or rates and terms applicable to such locations, without prior notice to you. Third parties may impose charges upon TruConnect for providing Services to you, and you agree to pay any such charges that TruConnect passes through to you. If you are an existing customer, you will be notified at least 15 days in advance of any proposed changes that may result in more restrictive terms or conditions, unless a longer period is required by law. After that time period, any such changes will be effective. YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THESE CHANGES. IF YOU DO NOT WANT TO ACCEPT THE CHANGES, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE OF THE CHANGE THAT YOU WISH TO TERMINATE SERVICE. IF YOU DO NOT NOTIFY US THAT YOU WISH TO TERMINATE SERVICE WITHIN THAT TIME OR IF YOU CONTINUE TO USE THE SERVICE AFTER THE CHANGES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE CHANGES. NOTWITHSTANDING ANY TERMINATION, AMOUNTS PREVIOUSLY PAID ARE NON-REFUNDABLE.
5. FOREVER DATA SERVICES. We may offer to you, and you may choose to purchase from us data from our Forever Data offering. As long as you use your Forever Data at least once every 60 days and your account is active, your Forever Data will not expire. Your Forever Data will be terminated if your Services are suspended or terminated pursuant to this Agreement for any reason. Once your Forever Services expire, they will not be reinstated for any reason, and you will not be entitled to any refund.
6. TERMINATION RIGHTS. You may cancel your Service at anytime by contacting TruConnnect. You will still have to pay for your Service through the date of cancellation. Subject to applicable law, equipment may only be returned in accordance with the return policies of the retailer that you purchased your equipment form. If you purchased equipment directly from TruConnnect, you will be charged the difference between the amount you paid TruConnect for the equipment and the amount you would have been charged for the equipment had you not agreed to a Service Contract. After the first 15 days, you may terminate your Agreement for any reason. However, if you do, you agree to pay any and all fees, charges, and/or other amounts incurred and owed by you to TruConnect under your Agreement, plus any applicable early termination fee under your Service Contract. Pre-paid Service is not subject to an early termination fee or minimum initial term. After your initial term ends and your Service continues on a month-to-month basis, you may terminate the Agreement at any time.
7. CHARGES. You are responsible for paying all charges for Service provided under this Agreement ("Service Charges"). Service Charges include, but are not limited to the following:
- Airtime charges;
- Data usage charges, as applicable;
- Recurring monthly or weekly charges;
- Charges and taxes for optional Service features that you select;
- Roaming or international long distance charges, as applicable;
- Any Service reconnection charges that may apply;
- Any charges or calls billed to your phone number; and
- All applicable taxes and regulatory charges whether assessed directly on you or us
Usage and fees will be charged as specified in your Rate Plan or Service Contract. You are responsible for all charges to your account, whether or not you were the user of the device. For certain tax inclusive Rate Plans, only applicable taxes and regulatory charges may be included in the Rate Plan price. You must pay all taxes, fees and surcharges set by federal, state and local governments. To determine taxes, fees and surcharges, we will use the street address you identified as your Primary Service Address ("PSA"). If you did not identify the correct PSA, or if you provided us with an address that is not a recognized street address, does not identify the applicable taxing jurisdictions, or does not reflect the Service area associated with your telephone number, you may be assigned a default PSA. You acknowledge and agree that a default PSA may affect your ability to receive E-911 assistance and you agree to indemnify and hold TruConnect harmless for any and all claims relating to your failure to provide a valid PSA. In addition, if you are not on a tax-inclusive plan, you agree to pay all regulatory administration charges, which may include, but are not limited to, Subscriber Line Charges (“SLC”’s), Regulatory Cost Recovery Fees (“RCR”’s), various administrative charges, gross receipts charges, margin taxes, and charges for the costs we incur in complying with governmental programs. Regulatory administration charges are not taxes and are not required by law. We set these charges, and the amounts and what they include are subject to change. They are rates we choose to collect from you and are kept by us in whole or in part. The number and type of such charges may vary depending upon your PSA and are subject to change. We determine the rate for these charges and these amounts are subject to change as are the components used to calculate these amounts. Changes to taxes, fees and surcharges will become effective as provided by the taxing or regulatory authority and changes to regulatory administration charges shall be effective immediately. You may authorize recurring payment of your charges or for your prepaid service through a credit or debit card or bank transfer authorization, which authorizes us to charge all amounts you owe us to the credit or debit card or bank transfer authorization up to 5 days prior to the due date and to demand immediate payment from the card or debit issuer or bank. Unless required by law, we will not give any additional notice to you or obtain additional consent from you before charging your bill to that credit or debit card. You must promptly notify us of any change in the credit or debit card or bank transfer authorization you want to use for payment. You may also make a payment by credit or debit card online through the TruConnect website, or via phone through customer service. You may pay your bill by bringing cash or a check or money order in person to any TruConnect store or a third party bill payment provider location. You may be required to pay an additional processing charge, depending on the payment method you choose. If you pay with a check or another negotiable instrument that is returned unpaid by a financial institution for any reason, we may charge an additional fee of up to the maximum amount permitted by law for each returned item. We reserve the right, in our sole discretion, to require that you pay your bill with cash, certified check, cashier's check or money order. We also reserve the right to report any check returned to us to reporting and credit agencies and law enforcement. If we do not receive payment in full by the due date on your bill, you may be charged a late fee, subject to the maximum allowed by law. We may require a deposit.
8. DEPOSITS. You agree that we may apply deposits, payments, or prepayments in any order to any amount you owe to us on any account, and that you may be required to increase or replace your deposit amount. We will refund deposits and final credit balances upon request, unless otherwise required by law.
9. PAYMENT DISPUTES. You can dispute your charges within sixty days of being charged. Unless otherwise provided by law or if you are disputing charges because your device was lost or stolen, you are still required to pay all charges until the dispute is resolved.
If you dispute any charges, you must notify us in writing at the address set forth in the "Notices" section within sixty of days of the charge for a prepaid account or the date of receipt of the bill with charges to be disputed, or else you will have waived your right to dispute the charge. If you accept any credit, refund or other compensation or benefit to resolve a disputed charge, you agree that the issue is fully and finally resolved and such credit shall act as an accord and satisfaction.
10. NO REFUNDS. AMOUNTS PAID FOR SERVICE CHARGES ARE NON-REFUNDABLE. IF YOUR SERVICE IS TERMINATED FOR ANY REASON AND YOU HAVE A POSITIVE BALANCE IN YOUR SERVICE ACCOUNT, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND.
11. USE OF SERVICE. You agree to use the Services in accordance with this Agreement and to comply with all applicable laws. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TRUCONNECT FROM ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, USE OF YOUR DEVICE OR SERVICE, YOUR ACTS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY VIOLATION BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE POLICIES, OR OF ANY APPLICABLE STATUTES, ORDINANCES, LAWS OR REGULATIONS OF ANY LOCAL, STATE, OR FEDERAL AUTHORITY, YOUR USE OF THE DEVICE OR SERVICE AND ANY INFORMATION YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE VIA THE SERVICE, FAILING TO PROVIDE APPROPRIATE NOTICES REGARDING LOCATION-SENSITIVE SERVICES, OR FAILURE TO SAFEGUARD YOUR PASSWORDS, OR BACKUP SECURITY QUESTION TO YOUR PASSWORD OR ANY OTHER ACCOUNT INFORMATION. We reserve the right to limit, suspend, or terminate your Service for good cause. You agree not to misuse the Service in any way, including but not limited to the following actions:
- Reselling or rebilling the Service or our devices;
- "Spamming," telemarketing, or engaging in abusive or unsolicited communications, or engaging in any other mass, automated voice or data communications for commercial purposes;
- Using the Service to engage in unlawful activity;
- Using the Service as a dedicated private line or continuous connection;
- Using the Service in a way that adversely affects our business, customers, or any other persons, or that interferes with our operations, network, reputation, or ability to provide service;
- Using the Service to provide a commercial or private dispatch service;
- Using the Service in connection with server devices or host computer applications, including continuous or automated devices or applications that could disrupt net user groups or email use by others, or other applications that harm network capacity or functionality;
- Accessing or attempting to access without authority the information, accounts, or devices of others, or penetrating or attempting to penetrate TruConnect's or another entity's network or systems;
- Running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or
- Assisting anyone else in any of the above activities.
You agree that a violation of this section harms TruConnect, and that harm cannot be fully remedied by monetary damages. You agree that we are entitled to immediate injunctive relief in addition to all other remedies available if a violation of this section occurs. You further agree that TruConnect is not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
12. TRUCONNECT’S RIGHTS REGARDING SERVICE. TruConnect may discontinue providing Service to you, change the Services provided, change your Rate Plan, reduce the speed of any Service provided, cap or restrict the amount of use of any Service, discontinue or suspend your account, or discontinue or limit providing connections to particular telephone numbers, providers, features, services, or types of services used, requested or called by you or allowing the provision of certain services or services in certain areas, such as pursuant to roaming arrangements, at certain times, or at certain speeds that, in the sole judgment of TruConnect, appear likely to generate abnormally high call volumes, abnormally long average call lengths, calls with abnormally high costs, abnormally high use, or other disproportionate use when compared to those of other customers of TruConnect, numbers or types of services or which may be harmful, disruptive, or interfere with TruConnect's system or services to other customers. We may, but are not required to provide notice to you before taking any of the foregoing actions. By activating and using any TruConnect Service, you acknowledge and agree to TruConnect's ability to modify or terminate your Service under these circumstances.
In addition, we may limit, suspend, or terminate your Service or the Agreement without notice for good cause, including, but not limited to the following reasons – if you, or any user on your account:
- Breaches this Agreement;
- Incurs charges greater than any billing or credit limitation on the Account;
- Provides inaccurate information or credit information that TruConnect cannot verify;
- Lives in an area where TruConnect does not provide service, or more than 50% of our voice and/or data usage is Off-Net for any three billing cycles within any twelve month period;
- Transfers Service to another person without TruConnect's consent;
- Becomes insolvent, enters or threatens bankruptcy (except as prohibited by law);
- Misuses the Service or any devices as described above;
- Uses the Service or Device in a manner that is excessive, unusually burdensome, or unprofitable for TruConnect; or
- Is on a Rate Plan that TruConnect determines, in its sole discretion, is no longer available.
13. NETWORK MANAGEMENT. We reserve the right to manage our network in the way that best enables us to maintain Service for our customers and minimizes capacity and degradation in the network. Our ability to provide Service to our customers is disrupted when you place an abnormally high number of calls, repeatedly place calls which result in abnormally long call lengths, repeatedly place calls with abnormally high costs, high or disproportionate use, or otherwise use our Services or network in excess of the normal or expected amount of use. Therefore, we reserve the right to discontinue or block Service to certain customers, telephone numbers, or categories of service, to terminate calls or services as described above, to reduce the speed at which services are provided, and/or to restrict the amount of an account's usage.
14. DATA SERVICES. Unless data Services are included in your Rate Plan, your device may not be able to access data, or you may be charged for data on a pay per use basis. We provide data and messaging Services that may include features that can be used with Data Services and wireless content and applications ("Data Services"). We may meter your usage of Data Services depending on your selected Rate Plan. For Data Services with a data usage limit, when you near your data limit, we may send a text message or email to alert you that you are approaching your data limit. We reserve the right to alter the types of usage that are permissible for Data Services. Because the absolute capacity of the wireless data network is limited, Data Services may only be used for permissible purposes in accordance with this Agreement. Pricing for Data Services is device dependent and based on the capabilities and capacity of each device. Compatible data-enabled wireless devices are required. Data Services usage includes, but is not limited to, the actual data sent and received along with overhead, header packets, and may include other information sent in connection with a data session in which use of Data Services occurs. Usage of Data Services on other carriers' networks may not be available or may be limited. Charges and availability are based on the location of the cell site receiving and transmitting the Data Services. Your Data Services are intended for web browsing, messaging, and similar activities on your wireless device. For unlimited data plans (if any), except to the extent permitted explicitly in your Rate Plan, other uses, including using your device as a modem or tethering your device to a computer or other hardware, are not permitted. Data Services may include, for example, multimedia streaming and video on demand services, as well as certain multimedia uploads, downloads and gaming services and applications. Uploads are data sessions where the data is transferred from your Wireless Device to some other computer or wireless device, while downloads are data sessions where the data is transferred from some other computer or wireless device to your Wireless Device. Data Services do not include any services or uses that are prohibited under this Agreement. You acknowledge and agree that your Data Services usage may vary depending on certain factors outside of our control, including but not limited to the amount of users on the service, network congestion, the distance to the serving cell site, the number of users served by your serving cell site, the management of backhaul at the serving cell site, any application(s) you are using for your data session, the screen size of your Wireless Device, the bit rate(s) of your data session, the type(s) and amount(s) of compression used by the computers or wireless devices involved in the data session, and any error(s) that might occur in the data session. You may review and assess your Data Services usage during an applicable service cycle by using one of our automated systems. Any application on your Wireless Device that claims to describe the amount of data usage does not necessarily reflect your actual usage of Data Services.
If you exceed your allotted amount of Data Services during any service cycle, your Data Services may be suspended or terminated. If your Data Services are suspended or terminated during any service cycle, you acknowledge and agree that you will be required to purchase additional Data Service during the affected service cycle in order to resume your Data Services capability during that service cycle. Your Data Services ability will resume during the next service cycle if you choose to purchase additional Data Service during any affected service cycle. You acknowledge and agree that purchasing additional Data Service to allow additional Data Services is your sole and exclusive remedy. Your Data Services usage limit will be reset at the beginning of each service cycle. Data Services charges must be paid in advance and are non-refundable. Some Data Services may be subject to additional charges and restrictions. You are not entitled to any refund for any portion of your Data Services that are not used by you during a monthly plan service cycle, and we do not allow for roll over of any unused Data Services usage limits unless explicitly indicated in the Data Services offering.
15. DATA RESTRICTIONS. TruConnect’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. TruConnect has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner.
16. DATA SPEEDS AND MEASUREMENT. Actual speeds may vary depending on location and device capability. Data usage is measured in kilobytes, not minutes. Usage rounding occurs at the top of each clock hour while in a session and at the end of each session, and is then deducted from your account balance based on the terms of your plan. Data usage will be assessed for all data directed to the Internet address (“IP address”) assigned to your device, regardless of who initiates the activity or whether your device actually receives the data. Depending on plan, TruConnect may throttle data speeds to less than 4G as disclosed.
17. MINUTES AND MESSAGING. Airtime and other measured voice usage charges are calculated from when your Device first initiates contact with a network until the network connection is broken, whether or not the connection was successful (e.g. busy or no answer calls). Call times are measured in whole minutes and rounded up to the nearest minute. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assistance), incurs charges. On a call that crosses time periods with different pricing, minutes are charged based on the call start time. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. Indicators of messages on your device, including mailbox icons, may not always provide an up-to-date indication of new messages and you may need to manually reset or clear your mailbox indicator. Legitimate messages may be inadvertently interrupted by software aimed at prevention of unsolicited messages. For current charges, call Customer Service.
18. TEXTING AND PICTURE MESSAGING. Text messages are limited to 160 characters per message. Text and picture messages can be sent and received to domestic and certain international destinations. Premium text messaging is not available. All messages, including text and picture messages are charged when sent or received, regardless of whether they are read or unsolicited. TruConnect is not responsible for any of the data activity sent or received to your Device, regardless of who initiates the activity. For messages delivered to your Device in multiple parts, you will be charged for each part of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. TruConnect reserves the right to limit picture message size at any time. In order to protect our network and Services, TruConnect may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. Memory limitations on your Device may prevent some data or content from being stored. TruConnect is not responsible for the failure to store data or content nor the deletion of such data or content. Picture and video messaging consume data and are only available on handsets programmed for data.
19. UNLIMITED PLAN ABUSE. For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. TruConnect’s unlimited voice features are provided solely for dialogue between two individuals and for non-commercial use. Other uses have a disproportionate impact on network resources and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. TruConnect’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either TruConnect’s wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use.
20. PREPAID REFILLS. Credits to your prepaid account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased refill card. When the credits to your account expire or your account balance falls to zero, your prepaid account will become inactive. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any purpose except to call 911 emergency services and Customer Service. Credits cannot be transferred from one account to another. If your account becomes inactive, we may de-activate your account and you may lose your phone number. If you wish to use Services after your account has been de-activated, call Customer Service for reactivation. There may be a charge to reactivate and we cannot ensure that the same phone number will be available.
21. CALL MONITORING. In order to ensure the quality of our Services and for other lawful purposes, we may monitor or record any calls that you make to us or that we make to you, such as calls with our customer service or sales departments.
22. DEVICES. Any device or equipment that you use in connection with our Services must, in our sole discretion, be compatible with, and not interfere with, our Services and network, and must comply with all applicable laws, rules, and regulations. We may periodically program your device remotely for features that cannot be changed manually. We assume no responsibility for the condition or repair of any device or equipment that you provide. We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are any limited warranties extended by the manufacturer directly to you or passed on to you through the retailer you purchased the phone from. You agree that you will not use TruConnect phones with any non-TruConnect service or on any other network.
23. TELEPHONE NUMBER. TruConnect will assign a telephone number ("Number") to your device for your exclusive use, but you will not own nor have any rights to the Number, except for any right you may have to port the Number to another carrier. We can change, reassign, or eliminate any Number by giving you notice. If your account is deactivated, or terminated for any reason, we can reassign the Number without giving you any notice. You may not assign the Number to any other device, equipment, or other party without our prior approval. If you assign the Number without our approval, we reserve the right to terminate your Service. You are allowed to request a telephone number change 2 times in a 12 month period, and an additional cost may apply. You may be able to port your Number to another carrier. If you port a Number from us, we will treat it as though you asked us to cancel your Service for that Number. After the porting is completed, you will not be able to use our Service for that Number, but you will remain responsible for all fees and charges through the end of that billing cycle, just like any other cancellation. If you port a Number to us, please be aware that we may not be able to provide some services right away, such as 911 location services. We may charge you a fee to reimburse for the costs incurred to meet the equipment, technology and infrastructure requirements necessary to enable number porting. We do not guarantee that number transfers to, or from, us will be successful.
24. EXCLUSIVE REMEDY; LIMITATION ON LIABILITY. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR (i) OUR, OR OUR DEALER'S, AGENT'S, REPRESENTATIVE'S, VENDOR'S, SUPPLIER'S, OR OTHER CARRIER'S FAILURE TO PROVIDE YOU WITH SERVICE OR TRUCONNECT'S FAILURE TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE TRUCONNECT RE-PERFORM SUCH SERVICE. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, OR (ii) ANY FAILURE, MALFUNCTION, DEFECT, OR OTHERWISE RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH ANY DEVICE, HANDSET, OR OTHER EQUIPMENT OR PRODUCT SUPPLIED OR PROVIDED BY US, SHALL BE YOUR RIGHT TO HAVE TRUCONNECT REPAIR, OR HAVE REPAIRED, REPLACE, OR HAVE REPLACED, SUCH DEVICE, HANDSET, OR OTHER EQUIPMENT OR PRODUCT. UNLESS THE EXCLUSIVE REMEDY SET FORTH IN THE PREVIOUS SENTENCE IS PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST THE TRUCONNECT PARTIES, OR ANY SUPPLIER, AGENT, DEALER, REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER, TO THE LESSER OF: (A) YOUR DIRECT DAMAGES OR (B) THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR WIRELESS DEVICE FOR ONE MONTH'S SERVICE CHARGES. AS A MATERIAL PART OF THE CONSIDERATION PAID BY YOU FOR THE SERVICES PROVIDED BY TRUCONNECT OR ANY SUPPLIER, AGENT, DEALER, REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER OF TRUCONNECT, UNDER THIS AGREEMENT, AND NOTWITHSTANDING ANY OTHER PROVISION HEREOF, YOU AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES, TO THE FULLEST EXTENT THE SAME MAY BE DISCLAIMED BY LAW. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS EXCLUSIVE REMEDY, LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS EITHER PARTY MAY BRING AGAINST THE OTHER PARTY TO THE EXTENT THAT IT WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY. YOU AGREE THAT THE FOREGOING ALLOCATION OF RISK SHALL, IN THE EVENT OF TRUCONNECT'S INABILITY, DESPITE GOOD FAITH EFFORTS, TO PROVIDE THE SERVICES OR THE PRODUCTS, REMAIN IN EFFECT REGARDLESS OF WHETHER THE EXCLUSIVE REMEDIES PROVIDED FOR UNDER THIS SECTION THEN SATISFY THE ESSENTIAL PURPOSES FOR WHICH THEY WERE INTENDED, OR OTHERWISE PROVIDE YOU WITH A FAIR QUANTUM OF RELIEF.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from: (a) any action or omission by a third party: (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a wireless device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) data content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a wireless device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; and (h) damage to your wireless device or any computer or equipment connected to your wireless device, or damage to or loss of any information stored on your wireless device, computer, equipment, or TruConnect storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio. You also agree we aren't liable for missed or deleted voice mails or other messages, or for any information, such as pictures, that gets lost or deleted if we service your wireless device. If another wireless carrier is involved in any problem (for example, while you're roaming), you also agree to any limitations of liability in its favor that it imposes. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each.
25. DISCLAIMER OF WARRANTIES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE ISSUES.
26. FORCE MAJEURE. You agree that we will not be held responsible for any delay, loss, damage, or failure in performance of any of the Services or of any of these terms and conditions, if applicable, caused by accident or casualty, fire, flood, lightning, meteorological phenomenon, earthquake, volcanic action, power failure or blackout, severe weather, explosion, declared or undeclared war or armed conflict, national, state or local emergencies, civil disobedience, delay in transportation, failure of suppliers to deliver equipment, acts or omissions of carriers or suppliers, shortage of labor or materials, labor disputes, strikes or other concerted acts of workers (whether of TruConnect or others), embargo, government requirement or other civil or military authority, acts of regulatory or governmental agencies, act of terrorism, act of God, or unnamed events or acts otherwise known as force majeure, acts of any third party, or other similar causes beyond our control, which prevent or hinder the delivery of any Services ("Condition"). If any such Condition occurs, you must pay for any Services provided, and we may elect to immediately terminate any Services without notice.
27. INTELLECTUAL PROPERTY. You agree to respect the intellectual property rights of TruConnect and third parties, and not to infringe, misappropriate, or otherwise injure those rights. Except for a limited personal, non-commercial license to use the Services or devices, your purchase of our devices and Services does not grant you any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of TruConnect or others related to the devices and Services, without the express permission of the owner. You acknowledge that any violation of this section harms TruConnect, cannot be fully redressed by money damages, and entitles us to immediate injunctive relief, in addition to all other available remedies.
28. DIGITAL MILLENIUM COPYRIGHT NOTICE. If you believe that material available through our Services or on our network infringes the copyright of you or any third party, notify us by using the notice procedure under the DMCA. After receiving the notice, we may remove or disable access to any infringing material as provided for in the DMCA.
29. NOTICES. You agree that we may contact you or any Authorized User on your account for Service or account related reasons through the contact information that you provide, at the current address on your account, through the Services to which you subscribe, or through other available means, including through text message, email, recorded message, mail, or mobile, residential, or business phone. Any such notice will be treated as provided to you when left with you, on your device, or on your answering service. Any notice that we mail to you will be deemed provided to you, to the extent permitted by applicable law, when the notice is deposited into the U.S. mail addressed to you at your last known address, as shown in our records. You must notify us of any address changes, and failure to notify us of any changes constitutes a breach of this Agreement. Your notice to us shall be deemed given when received by us, whether by phone, mail, or other means, to TruConnect, Attention: Customer Service, 10440 North Central Expressway, Suite 700, Dallas, Texas 75231-2228. You further authorize us to provide you service, handset, upgrade, and other product information that TruConnect believes you would be interested in under this provision.
30. MISCELLANEOUS. A waiver of, or failure to enforce, any part of this Agreement in one instance is not a waiver of any other part or instance. Section headings are for descriptive, noninterpretive purposes only. You may not transfer or assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement, or your debts to us, without notice. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement and the Agreement shall otherwise be enforceable. This Agreement and the documents to which it refers form the entire agreement between you and TruConnect on their subjects. If there is a conflict between this Agreement and statements by any sales or service representatives, this Agreement controls. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. Except to the extent that we have agreed otherwise, this Agreement and disputes covered by it are governed by federal law and the laws of the state of Texas, without regard to choice of law principles or the conflicts of laws rules of that state.
TRUCONNECT ADDITIONAL TERMS AND CONDITIONS FOR WIRELESS COVERAGE
1. COVERAGE LIMITATIONS. Wireless Services are limited to the operating range, spectrum, and capacity of our network or our roaming partners’ wireless network in your service area. Any coverage map made available to you when you activated Service only represents an approximation of TruConnect's anticipated wireless coverage, and is subject to change. We do not guarantee availability of our wireless network, and Services may be subject to device and compatibility limitations. Many factors beyond our control affect your ability to make and receive calls on your wireless device, the quality of those calls, and the speed of your Service. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be unavailable, interrupted or may fail, and call quality may at times be poor. When you are outside of TruConnect's coverage area, access will be limited to data and applications previously downloaded to your device, and not all services may work. You agree that we are not liable for Service interruptions or problems caused by those factors beyond our control.
2. LOCATION-BASED SERVICES. We may collect location information about your device in relation to our cell towers and the GPS and use that information to provide you with Services and to maintain and improve our wireless network. Your device is also capable of using optional content offered by TruConnect or third parties that uses your device's location. You are subject to the terms and conditions and other policies for those location-based services, and should review those policies to learn how your location information will be used. If you choose to use location based services, you agree that we may use the location information transmitted from your wireless device to improve our location services, and you authorize TruConnect to send targeted, location-based information to your mobile device, and to use or provide third parties with your location information in aggregate form. Certain services that rely on location information, such as E911 and GPS navigation, depend on your wireless device's ability to acquire satellite signals and network coverage. Unlike traditional wireline telephones, 911 operators may not know your telephone number or location. Due to regulatory and technical requirements, TruConnect makes no guarantee that emergency 911 calls will be routed to a specific Public Safety Answering Point ("PSAP") or any particular public safety organization, nor are we responsible for the acts or omissions of those parties. Enhanced 911 service ("E911"), where enabled by local emergency authorities, uses GPS technology to provide location information. However, even when available, E911 does not always provide accurate location information. Your wireless device may require you to affirmatively choose to use location-based services, or you may choose to use location-based services, other than E911.
3. ROAMING. Our Wireless Services and Rate Plans are designed for your use within our coverage area and on our networks. Whenever your wireless device uses a transmission site outside of our network coverage area, or when your device uses another company's transmission site, you are roaming. Your ability to receive roaming coverage depends on the radio transmissions that your device can receive and use. Higher rates and additional charges may apply for roaming calls, depending on your Services. If your monthly usage is not predominantly on our networks, is excessive, or causes TruConnect to incur too much cost, TruConnect may terminate your service, deny your continued use of other carriers' coverage, or change your Rate Plan. If TruConnect intends to take any of the above actions, it will provide you with advance notice. Roaming is not available with prepaid Services and/or Lifeline Services.
4. MOBILE CONTENT. Certain Content and Applications available through your wireless device are provided by third parties. Before you use or download any Content or Applications provided by a third party, you should review the terms and conditions and any other applicable policies of those Content and/or Applications. Any personal information that you submit via third party Content and Applications may be collected or used by the third party provider. TruConnect is not responsible for third party Content and/or Applications, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and/or Applications. When you download or install any Content and/or Applications sold by a third party, you may be subject to license terms between you and the third party. When you use, install, display, run, or listen to Content and Applications purchased from TruConnect, the Content and Applications are licensed to you by TruConnect and may be subject to additional license terms between you and the creator/owner of the Content and/or Application. You understand and agree that the Content and Applications are protected by law and are solely for your personal, non-commercial use. You understand and agree that all rights not expressly granted herein are reserved by the applicable content owner.
5. DEVICE COMPATIBILITY. Our Wireless Services will only work with wireless devices compatible with the TruConnect network. Not all Services are available with all wireless devices or on all networks. Please be aware that we may change your wireless device's software, applications or programming remotely, without notice. This could affect your stored data, or how you have programmed or use your wireless device. Your wireless device may not work with another wireless network, and other wireless carriers may not accept your wireless device on their networks. If your wireless device was purchased from TruConnect, it may have a software programming lock that will prevent it from operating with other compatible wireless telephone carriers' services. Please contact customer service for information regarding our software programming lock. Some features are only available on wireless devices purchased from us. TruConnect is not responsible for any information, including sensitive or personal information, on your wireless device. If possible, you should remove or otherwise safeguard any sensitive or personal information when your wireless device is out of your possession or control. If you submit your wireless device to us, you agree that our employees, contractors or vendors may access the information on your wireless device.
6. LOST/STOLEN DEVICES. All risk of loss, damage, theft, or destruction of your Device is borne by you. Call Customer Service immediately if your Device is lost or stolen because you are responsible for usage charges before you notify us of the alleged loss. Once you notify us, we will suspend your Service. We will not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. You agree to cooperate with us in investigating suspected unlawful or fraudulent use.
7. DISCLAIMER OF WARRANTY: TRUCONNECT DOES NOT MANUFACTURE WIRELESS DEVICES OR RELATED ACCESSORY EQUIPMENT. YOUR WIRELESS DEVICES AND RELATED ACCESSORY EQUIPMENT MAY COME WITH A SEPARATE WRITTEN LIMITED WARRANTY FROM THE MANUFACTURER. STATEMENTS BY TRUCONNECT OR TRUCONNECT EMPLOYEES AND AGENTS REGARDING THE WIRELESS DEVICES OR RELATED ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY TRUCONNECT. TRUCONNECT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT YOUR WIRELESS DEVICES OR ANY RELATED ACCESSORY EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER. WITHOUT LIMITATION, TRUCONNECT WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (1) THE MANUFACTURER'S WARRANTY, (2) ANY ACTIONS OR OMISSIONS OF THE MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT.
8. TTY. TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf, hearing-impaired, or who have speech or language disabilities to communicate by telephone. If you have a digital wireless device that is TTY-compatible, you can make calls, including 911 calls, with a TTY. If you have questions concerning the capabilities of your wireless device, please contact customer service.
TRUCONNECT GENERAL LIFELINE PROGRAM TERMS & CONDITIONS
(APPLIES IN ALL STATES EXCEPT CALIFORNIA)
1. Agreement to Terms & Conditions. These General Lifeline Program Terms & Conditions and the TruConnect Terms & Conditions of Service, located at www.truconnect.com and incorporated herein by reference, apply to the TruConnect Lifeline Program in all states except California. With regard to the TruConnect Lifeline Program, if these General Lifeline Program Terms & Conditions conflict with the Terms & Conditions of Service, these General Lifeline Program Terms & Conditions shall control. In interpreting these General Lifeline Program Terms & Conditions, TruConnect Lifeline Program plans shall be treated as prepaid Services. In this document, “we,” “us,” and “our” refer to TruConnect Communications, Inc. (“TruConnect”); “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service.
2. Plan Options. You understand and agree that TruConnect may change the TruConnect Lifeline Program plans (including any rates and fees) at any time by updating plan information on TruConnect’s website. If you change your choice of plans, your changes will not be effective until the subsequent month. If you choose a TruConnect prepaid wireless plan which is not free, you will automatically be switched to the free plan upon any failure to timely make a prepayment.
3. Government Subsidized. The TruConnect Lifeline Program is supported by subsidies from state and federal governments including the Federal Universal Service Fund program. You acknowledge and agree that TruConnect may immediately modify or terminate the TruConnect Lifeline Program in the event that there are any changes to the applicable governmental programs and subsidies.
4. Program Availability. The TruConnect Lifeline Program is only available in areas where TruConnect has been authorized by the applicable state and/or federal agency. To enroll in the TruConnect Lifeline Program, your principal residence address must be within an authorized area.
5. Customer Eligibility. To be eligible for the TruConnect Lifeline Program, you must meet the applicable eligibility standards in effect at the time of application (i.e. based upon your household income or your enrollment in a qualifying program), and the TruConnect Lifeline Program account must be in your name. You are responsible for notifying TruConnect if you no longer meet the applicable eligibility standards for the TruConnect Lifeline Program within five (5) days of becoming aware of such ineligibility. In the event TruConnect determines that you are no longer eligible for the TruConnect Lifeline Program, TruConnect will notify you that your service will be discontinued thirty (30) days after you are provided notice unless you contact TruConnect within that timeframe to notify TruConnect that it is in error. You will then have thirty (30) additional days to submit evidence that you still meet the applicable TruConnect Lifeline Program requirements. If you advise TruConnect that you no longer qualify for the TruConnect Lifeline Program, TruConnect will deactivate your TruConnect Lifeline Program service.
6. Application Form. To receive a phone and service under the TruConnect Lifeline Program, you must complete the applicable Application Form and certify your eligibility, among other items, in writing under penalty of perjury. If you seek to qualify for the TruConnect Lifeline Program under the income eligibility standards, you are required to provide written documentation of your household income. TruConnect will also verify your eligibility as required by applicable federal and state regulations. You may also be required, from time to time, to provide TruConnect written documentation of your household income and/or participation in a qualifying federal or state program. You acknowledge and agree that TruConnect shall retain all such customer certifications and documentation in order to furnish proof of customer eligibility as may be required by applicable law. Further, by completing an Application Form, you consent to the release of your customer information (including financial information) to governing state and federal agencies. This consent survives any termination of your TruConnect Lifeline Program application.
7. Acceptance of Customer Application. Your submission of an Application Form does not constitute automatic acceptance into the TruConnect Lifeline Program. TruConnect has the right, in its sole discretion, to reject any Application Form and/or to review your eligibility status at any time. If you are no longer eligible for the TruConnect Lifeline Program, TruConnect may terminate your account and/or change your rate plan to the most favorable rate plan for which you are eligible without prior notice to you. If you misrepresent your eligibility for the TruConnect Lifeline Program, you agree to pay us the additional amount you would have been charged under the most favorable rate plan for which you are eligible. Further, you acknowledge and agree that TruConnect Lifeline Program application and acceptance may be limited by TruConnect’s inventory of TruConnect Lifeline Program phones.
8. Mobile Phone for the TruConnect Lifeline Program; Returns and Unblocking. If TruConnect accepts your application, you may, at TruConnect’s sole discretion, receive a free TruConnect Lifeline Program phone that is selected by TruConnect. Contact TruConnect customer service to purchase an upgraded phone. If you lose or damage your TruConnect Lifeline Program phone, contact TruConnect customer service for replacement phone options and pricing. TruConnect Lifeline Program phones are provided “as is” and without warranty. Notwithstanding the foregoing, if the TruConnect Lifeline phone is defective within 90 days of first use, is returned to TruConnect at the customer’s own cost within 10 days of the expiration of the 90 days period, and is not defective due to physical abuse or water damage as determined by TruConnect; then TruConnect will send a comparable replacement phone to the customer at TruConnect’s cost. Due to availability, the same phone model may not be provided. Before sending in a defective phone, customer must contact TruConnect customer service for the appropriate return address.
TruConnect, upon request, will unlock prepaid mobile wireless devices no later than one year after initial activation, consistent with reasonable time, payment or usage requirements. TruConnect reserves the right to decline an unlock request if they have a reasonable basis to believe the request is fraudulent or the device is stolen.
9. Maximum of One Lifeline Account per Household. Lifeline is a government assistance program, and Lifeline service is non-transferable. Only eligible consumers may enroll, and the Lifeline Program is limited to one discount per household. If you or any member of your household receives a Lifeline supported telephone line from any other telephone company at the time of your enrollment, you are obligated to notify your current service provider that you are now on the TruConnect Lifeline Program. Failure to comply with this requirement is a material breach of these General Lifeline Program Terms & Conditions and may result in your immediate de-enrollment from the TruConnect Lifeline Program.
10. Annual Re-certification Requirement. To remain eligible for the TruConnect Lifeline Program, you must annually re-certify your Lifeline eligibility via TruConnect’s procedures as required by applicable law.
11. Change of Address. If you move, you agree to notify TruConnect within 30 days.
12. Non-transferrable. Your TruConnect California LifeLine Services are non-transferrable. You agree not to give away, resell, or offer to resell them.
13. Blocked Services. TruConnect reserves the right to block calls and services that are not subsidized by the applicable government programs and/or that are not prepaid for by you. Unauthorized manipulation, modification, adjustment, or repair made to your phone to allow the making of blocked calls shall constitute a violation of these General Lifeline Program Terms & Conditions.
14. Rollover. Unless required by applicable law, unused minutes will not be rolled over to subsequent months. Contact TruConnect customer service for details.
15. Termination for Non-Usage. In the event that you do not use your TruConnect LifeLine Services for thirty (30) days, TruConnect will notify you that you will have a 15-day cure period during which you can contact TruConnect to confirm that you want to continue receiving LifeLine services from TruConnect. If your TruConnect LifeLine Service is not used during the 15-day cure period, you will be deenrolled from the TruConnect LifeLine Services.
16. Termination for Breach. In the event that you breach these General Lifeline Program Terms & Conditions, TruConnect reserves the right to immediately de-enroll you from the TruConnect Lifeline Program.
17. Discontinuation of the TruConnect Lifeline Program. TruConnect reserves the right to discontinue its Lifeline Program at any time upon prior notice to you.
18. Cancellation. You may cancel your TruConnect LifeLine Services by calling customer service to de-enroll. Upon de-enrolling, you will not receive any refund.
TRUCONNECT CALIFORNIA LIFELINE SERVICE TERMS & CONDITIONS
(APPLIES ONLY IN CALIFORNIA)
1. Agreement to Terms & Conditions. These TruConnect California LifeLine Service Terms & Conditions and the TruConnect Terms & Conditions of Service, located at www.truconnect.com and incorporated herein by reference, apply to the TruConnect California LifeLine Service in California. With regard to the TruConnect California LifeLine Service, if these TruConnect California LifeLine Service Terms & Conditions conflict with the TruConnect Terms & Conditions of Service, these TruConnect California LifeLine Service Terms & Conditions shall control. In interpreting these TruConnect California LifeLine Service Terms & Conditions, TruConnect California LifeLine Service plans shall be treated as prepaid Services. In this document, “we,” “us,” and “our” refer to TruConnect Communications, Inc. (“TruConnect”); “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Handset” or “Handsets” means any phone, device, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our offers, rates, or service plans. These TruConnect California LifeLine Service Terms & Conditions and the TruConnect Terms & Conditions of Service apply to TruConnect’s service plans offered in connection with the TruConnect California LifeLine Services (“TruConnect California LifeLine Services”). In interpreting these TruConnect California LifeLine Services Terms & Conditions, TruConnect California LifeLine Services shall be treated as prepaid Services. By using your TruConnect California LifeLine Service plan or phone, you accept these TruConnect California LifeLine Service Terms & Conditions.
2. Plan Options. California LifeLine Program participants are entitled to a voice-grade connection. You understand and agree that TruConnect may change the TruConnect California LifeLine Services (including any rates and fees) at anytime by updating plan information on TruConnect’s website, subject to notice requirements in accordance with current state and federal regulations (i.e. 30 days’ prior notice). If you change your choice of plans, your changes will not be effective until the subsequent month. If you choose a TruConnect prepaid wireless plan which is not free, you will automatically be switched to the free plan upon any failure to timely make a prepayment.
3. Government Subsidized. The TruConnect California LifeLine Services are supported by subsidies from the federal government and the California state government. You acknowledge and agree that TruConnect may modify or terminate its TruConnect LifeLine California Services in the event that there are any changes to the applicable governmental programs and subsidies, upon prior notice to you if/as required by state and federal regulations.
4. Program Availability. TruConnect California LifeLine Services are only available in areas where TruConnect has been authorized by the applicable state and/or federal agency. To enroll in the TruConnect California LifeLine Services, your principal residence address must be within an authorized area. A primary service address is required to receive the government subsidized services, thus TruConnect will not provide a default PSA to you.
5. Customer Eligibility. To be eligible for the TruConnect California LifeLine Service, you must meet the applicable eligibility standards in effect at the time of application (i.e. based upon your household income or your enrollment in a qualifying program), and the TruConnect California Lifeline Service account must be in your name. You are responsible for notifying the California LifeLine Administrator if you no longer meet the applicable eligibility standards for the California LifeLine Program. In the event the California LifeLine Administrator determines that you are no longer eligible for the California LifeLine Program, TruConnect will notify you that your TruConnect California LifeLine Services will be discontinued. If you advise TruConnect that you no longer qualify for California LifeLine, TruConnect will deactivate your TruConnect California LifeLine Services.
6. Application. The California LifeLine Administrator will determine whether or not you are eligible for the California LifeLine Program. Proof of eligibility is required, such as an eligible program card, statement of benefits, or income statements showing qualifying income levels. If TruConnect submits your California LifeLine application to the California LifeLine Administrator, you may, at TruConnect’s sole discretion, receive a free handset from TruConnect (“TruConnect Handset”), selected by TruConnect, that is preloaded with free minutes and texts for use until your California LifeLine application is approved by the California LifeLine Administrator. TruConnect will notify you when your California LifeLine application has been approved by the California LifeLine Administrator. You understand that by signing up for TruConnect California LifeLine Services, you may not have a LifeLine plan with any other carrier (wireless or landline), and you further agree to comply with any documentation or verification procedures necessary to confirm that you qualify for California LifeLine.
7. Acceptance of Customer Application. Your submission of an application to the California LifeLine Administrator does not constitute automatic enrollment in the California LifeLine Program. If you are no longer eligible for LifeLine, TruConnect may terminate your account and/or change your rate plan to the most favorable rate plan for which you are eligible without prior notice to you. If you misrepresent your eligibility for California LifeLine, you agree to pay us the additional amount you would have been charged under the most favorable rate plan for which you are eligible. Further, you acknowledge and agree that California LifeLine application and acceptance by TruConnect may be limited by TruConnect’s inventory of TruConnect Handsets.
8. TruConnect LifeLine Service Handset; Returns and Unblocking. If TruConnect submits your California LifeLine application to the California LifeLine Administrator, you may, at TruConnect’s sole discretion, receive a free TruConnect Handset, selected by TruConnect, that is pre-loaded with free minutes and texts for use until your LifeLine application is approved by the California LifeLine Administrator. For example, you may not be eligible to receive a TruConnect Handset if you previously received a free TruConnect Handset. Contact TruConnect customer service to purchase an upgraded phone. If you lose or damage your TruConnect Handset, contact TruConnect customer service for replacement handset options and pricing. TruConnect Handsets are provided ‘as is’ and without warranty. Notwithstanding the foregoing, if the TruConnect Handset is defective within 90 days of first use, is returned to TruConnect at the customer’s own cost within 10 days of the expiration of the 90 days period, and is not defective due to physical abuse or water damage as determined by TruConnect; then TruConnect will send a comparable replacement handset to the customer at TruConnect’s cost. Due to availability, the same handset model may not be provided. Before sending in a defective handset, customer must contact TruConnect customer service for the appropriate return address.
TruConnect, upon request, will unlock prepaid mobile wireless devices no later than one year after initial activation, consistent with reasonable time, payment or usage requirements. TruConnect reserves the right to decline an unlock request if they have a reasonable basis to believe the request is fraudulent or the device is stolen. Removing the handset from the home may prevent other household members from making and receiving calls. Coverage limitations, including service interruptions due to terrain, signal strength, and weather, may affect the ability to make or receive calls, including calls to 911 in the event of an emergency.
9. Maximum of One California LifeLine Account per Household. The California Lifeline Program is a government assistance program, and California LifeLine discounted service is non-transferable. Only eligible consumers may enroll, and the California LifeLine Program is limited to one discount per household. If you or any member of your household receives a California LifeLine supported telephone line from any other telephone company at the time of your enrollment, you are obligated to notify your current service provider that you are now on the TruConnect California LifeLine Service. Failure to comply with this requirement is a material breach of these TruConnect California LifeLine Service Terms & Conditions and may result in your immediate de-enrollment from the TruConnect California LifeLine Services.
10. Annual Re-certification Requirement. To remain qualified for the California LifeLine Program, you must successfully complete the annual renewal process authorized by the California LifeLine Administrator. If you fail to complete the annual renewal process by the required date, you will be deenrolled from the TruConnect California LifeLine Services.
11. Change of Address. If you move, you agree to notify TruConnect within 30 days.
12. Non-transferrable. Your TruConnect CA LL Services are non-transferrable. You agree not to give away, resell, or offer to resell them.
13. Blocked Services. TruConnect reserves the right to block calls and services that are not subsidized by the applicable government programs and/or that are not prepaid for by you. Unauthorized manipulation, modification, adjustment, or repair made to your phone to allow the making of blocked calls shall constitute a violation of these TruConnect California LifeLine Service Terms & Conditions.
14. No Rollover. Unused minutes will not be rolled over to subsequent months. Contact TruConnect customer service for details.
15. Termination for Non-Usage. In the event that you do not use your TruConnect California LifeLine Services for thirty (30) days, TruConnect will notify you that you will have a 15-day cure period during which you can contact TruConnect to confirm that you want to continue receiving California LifeLine Services from TruConnect. If your TruConnect California LifeLine Service is not used during the 15-day cure period, you will be de-enrolled from the TruConnect California LifeLine Services.
16. Termination for Breach. In the event that you breach these TruConnect California LifeLine Service Terms & Conditions, TruConnect reserves the right to immediately de-enroll you from the TruConnect California LifeLine Services.
17. Discontinuation of the TruConnect California LifeLine Service.TruConnect reserves the right to discontinue its TruConnect California LifeLine Services at any time upon prior notice to you in accordance with current state and federal regulations (i.e. 30 days’ prior notice).
18. Cancellation. You may cancel your TruConnect California LifeLine Services by calling customer service to de-enroll. Upon de-enrolling, you will not receive any refund.
19. Enrollment and Discount Transfer Freeze Limitations. Beginning June 1, 2017, the California LifeLine Program (California LifeLine) has a new limitation on consumers requesting the California LifeLine discounts for phone services.
New Limitation #1 = 30 Day Waiting Period for an Enrollment Request for the California LifeLine Discounts for Cell Phone Service
When a consumer submits an enrollment request to receive the California LifeLine discounts for cell phone service the consumer has to wait up to 30 days to submit another enrollment request. A consumer CANNOT have multiple enrollment requests for the California LifeLine discounts for cell phone service going at the same time. The 30-day waiting period ends when either 1) the California LifeLine Administrator sends the final eligibility decision, 2) the enrollment request is cancelled, or 3) the 30 days have passed since the enrollment request, whichever occurs first. After the 30-day clock stops, a consumer may then submit another enrollment request for the California LifeLine discounts for cell phone service, as applicable. A consumer can independently cancel an enrollment request by contacting the California LifeLine Administrator by phone at 877-858-7463 or going to Check Your Status at www.californialifeline.com. The cell phone company can also cancel an enrollment request.
New Limitation #2 = 60 Day Freeze for Transferring the California LifeLine Discounts (also called Discount Transfer Freeze) for Phone Services
Once the California LifeLine Administrator approves the applicant’s eligibility to receive the California LifeLine discounts, the California LifeLine participant has to keep the California LifeLine discounts with the same phone company for 60 days. The 60-day clock begins when the California LifeLine discounts start. After staying with the same phone company for 60 days, the California LifeLine participant may choose to remain with the same phone company or to change to a different phone company while keeping the California LifeLine discounts. This requirement means that the California LifeLine participant can only transfer the California LifeLine discounts to a different phone company once every 60 days. Transferring the California LifeLine discounts to a different phone company restarts the 60-day clock.
The California LifeLine participant MAY cancel phone service or switch phone companies at any time. However, if the California LifeLine participant is still within the 60-day clock and cancels the phone service or switches phone companies, then the California LifeLine participant will stop receiving the California LifeLine discounts.
However, there are ways to transfer the California LifeLine discounts to a different phone company sooner, which are as follows:
- the California LifeLine participant moves to a new address
- the phone company no longer offers phone service or otherwise fails to provide phone service
- the phone company charged late fees greater than the monthly out of pocket cost for the phone service
- the phone company was found in violation of either the California LifeLine Program’s, the California Public Utilities Commission’s, or the Federal Communications Commission’s rules and that rule violation impacted the California LifeLine participant.
How to Transfer the California LifeLine Discounts Before the 60-Day Clock Ends When the Phone Company Fails to Provide the California LifeLine Discounted Phone Service
A California LifeLine participant is entitled to a voice-grade connection. If the California LifeLine participant is experiencing a service failure, the California LifeLine participant should immediately inform the phone company of the service failure so the phone company can try and resolve the service failure. If the phone company does not resolve the service failure, the California LifeLine participant can request an exception to the discount transfer freeze due to a service failure (also called a service failure exception). Before requesting a service failure exception, the California LifeLine participant should immediately inform the phone company of the service failure.
Examples of what would NOT constitute as a failure to provide cell phone service:
- The California LifeLine participant’s dissatisfaction with the feature(s) of the service, the service rate(s), or the quality of customer service.
- The California LifeLine participant’s confusion about the phone service plan.
- Another cell phone company is offering a better handset. If the handset works and the cell phone service has coverage where needed, then a “better” handset is not a service failure.
- The California LifeLine participant wants a handset upgrade provided by the cell phone company.
- The California LifeLine participant breaks or otherwise damages the handset provided by the cell phone company, which renders the handset as non-operable.
- The California LifeLine participant loses the handset provided by the cell phone company.
- The handset provided by the cell phone company was stolen.
- The California LifeLine participant lacks understanding or knowledge to utilize the handset provided by the cell phone company.
A California LifeLine participant can contact the California LifeLine Administrator by phone at 877-858-7463 or going to Check Your Status at www.californialifeline.com to request a service failure exception to the discount transfer freeze. The California LifeLine Administrator will then determine whether it is appropriate to start the exception process. If the California LifeLine Administrator grants the exception order, the California LifeLine participant can transfer the California LifeLine discounts to a different phone company prior to the discount transfer freeze ending.
A California LifeLine participant MUST DO these 4 things for the California LifeLine Administrator to grant the exception order:
- give the existing phone company an opportunity to resolve the service failure
- order a service failure exception from the California LifeLine Administrator
- after the phone company’s opportunity lapses to resolve the service failure, confirm that the service failure still exists – a California LifeLine participant has 1 week to submit this confirmation
- contact a different phone company and ask to receive phone service with the California LifeLine discounts; the preferred phone company will submit the transfer request on the California LifeLine participant’s behalf to the California LifeLine Administrator