Liberty Wireless Terms, Conditions and Returns Information
Get the most out of your wireless service by knowing the parameters of your Agreement with us. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They govern the relationship between you and Liberty Wireless and explain our respective legal rights concerning all aspects of our relationship, including:
-Billing and charges
-Starting and ending service
-Privacy and confidentiality
-Early termination fees
-Limitations of liability and warranty
-Resolution of disputes by arbitration instead of court trials and class actions
GENERAL TERMS AND CONDITIONS FOR WIRELESS SERVICE
THIS IS AN AGREEMENT BETWEEN YOU AND STARNUMBER, INC. (FOR PURPOSES OF THIS AGREEMENT, LIBERTY WIRELESS). PLEASE READ THIS AGREEMENT CAREFULLY and keep a copy for your records. Your reference and acceptance of these terms online, or in the event You apply for service other than through the Internet, You break the seal on the LIBERTY product packaging, You use the cellular telephone, are each deemed as Your agreement and acceptance to these terms and conditions to subscribe to LIBERTY service. You agree that You are at least 18 years old, legally able to abide by the terms and conditions of this Agreement, and that You agree to do so. If you do not or cannot accept these terms, please exit from this subscription page. These terms may be subject to change from time to time by LIBERTY.
This Agreement for Commercial Mobile Radio Service ("CMRS") is entered into LIBERTY WIRELESS and its affiliates and the subscriber ("You" or "Your"), and will become effective when LIBERTY approves your request for CMRS and activates your access number (the "Effective Date"). You agree and acknowledge that LIBERTY may refuse to accept this Agreement if LIBERTY determines that You may be unable to perform, in whole or in part, your obligations hereunder. This Agreement incorporates by reference and You agree to abide by the service order connected to this document ("Service Order") other information about features, airtime rates and other charges provided through the web site today, and any information on those subjects subsequently posted on the web site. You also consent to LIBERTY seeking to verify information provided in Your Order to determine Your eligibility for LIBERTY Service, and to LIBERTY requesting or using subsequent consumer reports in connection with an update, renewal, or extension of credit. LIBERTY may use the services of an independent credit bureau to determine Your eligibility. Upon request, LIBERTY will provide You with the names and addresses of the credit bureaus that provide the reports and that were used in determining your eligibility for service.
1. PRICE: In consideration of Your consents and promises under this Agreement, LIBERTY will provide You with CMRS at the access and airtime rates identified in the order page. LIBERTY will not increase Your Plan access and airtime rates without providing 30 days written notice to You, however, LIBERTY reserves the right to change from time to time and without notice other fees, rates, and charges associated with its provision of CMRS (including features) as well as to pass through any governmentally established costs, charges, fees, or taxes, (whether assessed on You, LIBERTY, or its underlying carrier), as well as any new, existing or increased charge assessed by an underlying carrier. The optional features and other services You have initially selected are indicated on the preceding order page. You may be charged a service fee to activate any new features in Your account. This includes charges associated with incomplete or partial calls. LIBERTY Service is provided through agreements with Sprint* under which Sprint* provides access to its wireless network to LIBERTY subscribers but Sprint is not responsible for service, quality, billing, customer care, warranty, maintenance, or other aspects of subscriber service. Bill presentment is via email link to website and all payments must be authorized through a major credit card unless other payment arrangements are authorized by LIBERTY. The following services are not covered by the rate plan bundle: 411 calls, operator calls, call forwarding, SMS text messaging as well as others not mentioned here. These services will be charged at the current LIBERTY airtime rates in effect as well as any additional applicable charges and will be billed in arrears. Sprint* provides the recordation of Your wireless calls and certain related charges to LIBERTY. During any renewal term, the plan airtime rates and long distance rates in effect at the time Your Agreement is renewed will apply.
2. MINIMUM SERVICE TERM: YOU AGREE TO SUBSCRIBE TO THE CMRS SERVICE PLAN SELECTED FOR ONE YEAR FROM THE EFFECTIVE DATE OF THIS AGREEMENT ("Base Term"). This Agreement and LIBERTY's provision of CMRS is subject to the provisions of any applicable federal or state tariffs. Any conflict between the terms of this Agreement and any tariff will be resolved in favor of this Agreement.
3. EARLY TERMINATION; APPLICABLE CHARGES: You may terminate service at any time by notifying LIBERTY in writing to the addresses specified on the LIBERTY website, subject to termination charges provided for in this Section. You remain liable for payment of all outstanding charges for the period that the service was rendered and the manufacturerÂ’s suggested retail price for the telephone. If You breach any provision of this Agreement, upon written notice to Your address, LIBERTY may immediately interrupt or terminate service without liability at its discretion. LIBERTY may restore such interrupted or terminated service following correction of the violation and payment of any amounts due, including restoration charges, processing fees as well as the next month's payment. LIBERTY may terminate service immediately without notice and liability if it is used in a manner that will adversely affect service to other LIBERTY customers or customers of the underlying carrier, or if fraud by customer or third parties is suspected, or if Your use violates any law or regulation. You agree that if You terminate this Agreement for any reason, or if LIBERTY terminates this Agreement for nonpayment, or any other reason based on Your use of the service (as opposed to LIBERTY's own convenience) before the end of the term of this Agreement, then You will pay an early termination charge of $150 for each mobile phone affected. All replenished minutes remaining in the customers account at the time of early termination will be applied toward all applicable charges due at the time of early termination. Fixed monthly minutes shall be lost forever and not applied.
4. MONTH-TO-MONTH RENEWALS, POST-MINIMUM-TERM TERMINATION: If You do not terminate service at the end of the Base Term, You will continue to receive service on a month-to-month basis with the same terms and conditions as set forth in this Agreement. Either party may terminate the month-to-month extension of service by giving 10 days written notification to the other. LIBERTY may terminate this Agreement at the end of any term, or at other times as permitted by this Agreement. Even after this Agreement is terminated, LIBERTY may withhold release of your LIBERTY equipment's Electronic Serial Number until LIBERTY has been paid in full.
5. CMRS LONG DISTANCE: You have selected LIBERTY to provide your CMRS long distance Service on calls that originate on Network. Long distance Service will be provided at the Rates indicated in the Fee Schedule or any subsequent Supplemental Terms. LIBERTY restricts international calls.
6. MOBILE IDENTIFICATION NUMBERS;CONTACT AUTHORIZATION: Each cellular phone must have a unique Mobile Identification Number ("MIN"), which is assigned by LIBERTY and which may be changed at LIBERTY's discretion at any time. You have no title, right or other proprietary interest in any MIN. At its discretion, LIBERTY may also change the underlying carrier of Your CMRS at any time. If You change the phone to which service is provided, You may be subject to a $25.00 charge for LIBERTY to change the electronic serial number in Your account. YOU HEREIN AGREE TO ALLOW AND DO AUTHORIZE LIBERTY AND/OR ITS AFFILIATES TO CONTACT YOU BY TELEPHONING THE MIN TO DISCUSS CUSTOMER SERVICE ISSUES AND OTHER PRODUCT OR SERVICE OFFERINGS WITH THE UNDERSTANDING THAT YOU WILL BE CREDITED FOR ANY AIR TIME USAGE RELATED TO ANY SUCH CALLS.
7. LIMITATION OF LIABILITY:
(a) IN NO EVENT WILL IBERTY'S LIABILITY FOR LOSS OR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICE EXCEED AN AMOUNT EQUAL TO THE PORTION OF THE FIXED MONTHLY CHARGE TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH THE SERVICE PROBLEMS OCCURRED.
(b) IN NO EVENT WILL LIBERTY OR THE UNDERLYING CARRIER BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.
(c) IN NO EVENT WILL LIBERTY BE LIABLE TO YOU OR OTHER PERSONS: (i) FOR ANY ACT OR OMISSION OF THE UNDERLYING CARRIER OR OTHER NON-LIBERTY PROVIDER OF FACILITIES; (ii) FOR INTERRUPTIONS OR DELAYS IN TRANSMISSION, ERRORS OR DEFECTS IN TRANSMISSION, OR FAILURE TO TRANSMIT WHEN SUCH PROBLEMS ARE CAUSED BY ACTS OF GOD, FIRE, WAR, RIOTS, GOVERNMENT AUTHORITIES OR BY OTHER CAUSES BEYOND LIBERTY'S CONTROL; OR (iii) FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE USE OF YOUR CMRS UNLESS CAUSED BY LIBERTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(d) IN NO EVENT WILL LIBERTY BE LIABLE TO YOU OR ANY OTHER PERSONS FOR ANY INTERCEPTION OF SERVICE PROVIDED UNDER THIS AGREEMENT.
(e) IN NO EVENT WILL LIBERTY BE LIABLE TO YOU FOR ANY ACCIDENTS OR INCIDENTS WHICH RESULT FROM THE PRESENCE OF CMRS EQUIPMENT OR ITS USE BY YOU OR ANY OTHER PERSON. YOU SHALL INDEMNIFY LIBERTY FOR AND AGAINST CLAIMS FOR SUCH EVENTS. THE USE OF CMRS IN A MOVING VEHICLE MAY BE PROHIBITED OR RESTRICTED IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY LIBERTY FOR AND AGAINST ANY CLAIMS ARISING FROM SUCH UNLAWFUL USE. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
(f) IN NO EVENT WILL LIBERTY'S LIABILITY FOR DAMAGES RELATING TO OR ARISING OUT OF THE USE OF YOUR CMRS EQUIPMENT PROVIDED BY LIBERTY, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE PRICE PAID BY YOU TO LIBERTY FOR THE CMRS EQUIPMENT GIVING RISE TO THE ACTION: THIS LIMITATION DOES NOT APPLY TO PERSONAL INJURY, INCLUDING DEATH, CAUSED BY THE WILLFUL MISCONDUCT OF LIBERTY.
(g) YOU UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH LIBERTY'S UNDERLYING CMRS CARRIER AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN LIBERTY AND AN UNDERLYING CARRIER. IN ADDITION, YOU UNDERSTAND AND AGREE THAT LIBERTY'S UNDERLYING CARRIER HAS NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU.
(h) IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF LIBERTY AND THE UNDERLYING CARRIER ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY FAILURE OR DISRUPTION OF SERVICE PROVIDED HEREUNDER, IS LIMITED TO PAYMENT OF DAMAGES IN ANY AMOUNT EQUAL TO THE PORTION OF THE FIXED MONTHLY CHARGE TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SAID DAMAGES OCCUR.
(i) YOU SHALL INDEMNIFY AND HOLD HARMLESS LIBERTY AND THE UNDERLYING CARRIER SUPPLYING CMRS SERVICES TO LIBERTY AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE MOBILE IDENTIFICATION NUMBER EXCEPT WHERE THE CLAIMS ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LIBERTY OR THE UNDERLYING CARRIER. THE INDEMNIFICATION OBLIGATIONS OF THIS SECTION 6 WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
(j) YOU MAY NOT BRING AN ACTION RELATED TO THIS AGREEMENT LATER THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED.
8. FEDERAL EQUAL CREDIT OPPORTUNITY ACT: LIBERTY complies with the Federal Equal Credit Opportunity Act which prohibits creditors from discriminating against an applicant on the basis of race, color, religion, national origin, sex, marital status, age (with certain limited exceptions), status as a recipient of public assistance, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
9. BILLING AND PAYMENT OF CHARGES: You are responsible for payment of all charges due under this Agreement, including any activation charge, access charges and optional feature fees, usage-based charges, including local airtime, directory assistance, land line, local toll, other charges associated with calls originated by or billed to your MIN; as well as all taxes, surcharges and other governmentally-established costs (regardless of on whom these costs are initially assessed) relating to LIBERTY's provision of CMRS to You. Payment not received by the due date will result in temporary or permanent suspension of service. If Your CMRS equipment unit is lost or stolen, You are responsible for all calls made and received before LIBERTY receives notice from You that the unit is lost or stolen by calling 1-800-75-LIBERTY (1-866-755-4237) and receiving a Lost or Stolen Notice ("LSN Notice"). If Your service is suspended or terminated, You may be required to pay a restoration charge before Your service will be restored. You hereby authorize LIBERTY to telephone the MIN provided for your use to discuss any billing, payment, and customer service issues related to your usage hereunder.
By Your acceptance of this Agreement You will be participating at your discretion in either of our "Credit Card Auto-Pay Program" or "Auto Debit/ACH Program" or through a direct cash payment. You agree to the following terms and conditions:
(a) In the event you do not provide a direct cash payment, each month LIBERTY will automatically charge Your credit card or Your checking/ACH account indicated in the request for service for charges incurred. Monthly access fees and applicable taxes will be billed in advance each month and all other charges for services in excess of allotted plan minutes and services will be automatically replenished at .40 per anytime minute at selected bundled replenishment amounts of $10.00, $20.00 or $30.00 increments selected by You. Each of Your LIBERTY monthly bills will be presented online which can be accessed via an email link provided directly to You each month. This online bill will have a message printed on the first page of the statement that reads, "Charges to be billed to credit card." At any time during the billing period when the balance available in your regular account reaches $5.00 or less, You will automatically:
a) Be notified by SMS message on Your handset.
b) Be notified by email to the billing address credit card holder.
c) Be issued an additional $10.00 in new value that can be used when the monthly minimum is completely consumed. This balance can be carried forward for up to 120 days, at which time it expires and must be replenished.
d) This same process will occur each time thereafter when Your account balance falls below $5.00. Following the first automatic and required monthly replenishment of $10 (when YOU fall below a $5 anytime minutes value) in accordance to the LIBERTY terms and conditions, YOU will be able to control both the value and frequency of additional replenishment during that given month; provided, however, in no event should the replenishment be in amounts less than $10.
e) In the event that the replenishment process is unsuccessful for any reason, for example, failure to provide a cash payment or failure of the credit card charge, the phone will be suspended when the value reaches $0, and will remain suspended until new value is added.
f) If a unit stays in suspend mode for more than 10 calendar days, then it will be considered an early termination and the $150.00 fee will be due and payable. Failure to re-activate within 30 days will result in the mobile number being lost to the user.
g) If after such termination is processed You wish to re-activate the same handset on the same mobile number then a re-activation fee of $35.00 and a one time restore fee of $25.00 will be required along with the next service month's access fee of $39.99.
(b) LIBERTY has the right to refuse service to a customer or to remove a customer from the service if LIBERTY is notified of problems with the credit card account such as: the credit limit is exceeded; the credit card is reported lost, stolen or expired; or card authorization is denied for any reason.
(c) Your credit card account may be debited up to 5 business days before Your due date to allow for processing.
(d) Your bill cycle begins on the 19th of every month and ends on the 18th of the following month. All bills will be presented online. LIBERTY reserves the right to change or require specific methods of payment in the future.
10. USE OF SERVICE: The service is furnished for Your use for any lawful purpose. You agree not to use the service for any unlawful, unauthorized or abusive purpose or in any way that damages LIBERTY's property or others' property, or interferes with, harms or disrupts LIBERTY's or the underlying carrier's system or other operators' systems or other users. You will comply with all laws while using the service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive to the recipient. You are responsible for all content you transmit using the Service. You agree to indemnify and save harmless LIBERTY and the underlying carrier against claims for libel, slander, or infringement of copyright from material transmitted by You or from your CMRS equipment unit through LIBERTY's CMRS service and against claims for infringement of patents arising from combining or using Your equipment or system with LIBERTY's CMRS or the facilities of the underlying carrier.
11. GOVERNING LAW/SUBPOENAS: This Agreement, including all matters relating to the validity, construction, performance and enforcement thereof, is governed by the laws of the State of Delaware without giving reference to its principles of conflicts of laws. Any part of this Agreement that is legally determined to be unenforceable will be considered deleted and the remainder of the Agreement will remain in force. You understand that LIBERTY may provide to a court or other authorized third party any records related to Your LIBERTY CMRS, without notice to You, in response to a subpoena or other legal means compelling their production.
12. ARBITRATION: Any dispute arising out of this Agreement must be settled by binding arbitration in accordance with the J.A.M.S/ENDISPUTE Arbitration Rules and Procedures, as amended by this Agreement. The arbitration will be conducted in Washington, D.C. The costs of arbitration, including the fees and expenses of the arbitrator, will be shared equally by the parties. Each party will bear the cost of preparing and presenting its case. The parties agree that this provision and the arbitrator's authority to grant relief are subject to the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"), the provisions of this Agreement, and the ABA-AAA Code of Ethics for Arbitrators in Commercial Disputes. The parties agree that the Arbitrator has no power or authority to make awards or issue orders of any kind except as expressly permitted by this Agreement, and in no event does the Arbitrator have the authority to make any award providing for special, punitive or exemplary damages. In addition, the arbitrator has no authority to make awards for lost profits or damages for lost economic opportunities. The arbitrator's decision must follow the plain meaning of the relevant documents, and will be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings are governed by the USAA.
13. DISCLAIMER OF WARRANTY: SERVICE IS SUBJECT TO TRANSMISSION LIMITATION, REDUCTION IN TRANSMISSION SPEED, OR INTERRUPTION CAUSED BY WEATHER, YOUR EQUIPMENT, TERRAIN, OBSTRUCTIONS SUCH AS TREES OR BUILDINGS, OR OTHER CONDITIONS. SERVICE MAY BE LIMITED IN SOME AREAS WHERE COVERAGE IS NOT AVAILABLE OR MAY BE TEMPORARILY LIMITED OR INTERRUPTED DUE TO SYSTEM CAPACITY LIMITATIONS, SYSTEM REPAIRS OR MODIFICATIONS, OR IN RESPONSE TO SUSPECTED FRAUD, ABUSE, MISUSE OF THE NETWORK, HACKING OR MALICIOUS VIRUSES. INTERRUPTION MAY ALSO RESULT FROM NONPAYMENT OF CHARGES BY YOU. WE MAY BLOCK ACCESS TO CERTAIN CATEGORIES OF NUMBERS (E.G. 976, 900 AND CERTAIN INTERNATIONAL DESTINATIONS) IF, IN OUR SOLE DISCRETION, LIBERTY EXPERIENCES EXCESSIVE BILLING, COLLECTION, FRAUD PROBLEMS OR OTHER MISUSE OF THE NETWORK. LIBERTY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO ITS PROVISION OF CMRS OR WITH RESPECT TO ANY CMRS EQUIPMENT PROVIDED OR USED IN CONNECTION WITH LIBERTY'S PROVISION OF CMRS OR THIS AGREEMENT. THE ONLY REPRESENTATIONS AND WARRANTIES APPLICABLE TO CUSTOMER'S CMRS EQUIPMENT ARE THOSE PROVIDED, IF ANY, BY THE MANUFACTURER. LIBERTY DOES NOT WARRANT THAT ANY ITEM PROVIDED UNDER THIS AGREEMENT IS FREE FROM ANY THIRD PARTY CLAIMS OF INFRINGEMENT OF ANY PATENT OR OTHER PROPRIETARY RIGHTS.
14. ASSIGNMENT: LIBERTY reserves the right to assign this Agreement to any affiliated entity or successor in interest without notice to You and to any other entity with 30 days notice.
15. YOUR RIGHT TO CANCEL: You may cancel your service at any time during the month, but there will be no pro-ration of unused service and if prior to expiration of Initial Base Term You will be subject to those early termination fees outlined above.
16. PHONE MAKE AND MODEL: All wireless cell phones (including brand and model) mentioned in any Liberty marketing materials including but not restricted to Web pages and print, may vary at anytime according to availability and at the discretion of LIBERTY.
17. RETURN OF CELLULAR PHONE AND EQUIPMENT:
FOR RETURNS PLEASE CALL: 888-947-3359
The LIBERTY return policy for all equipment received through LIBERTY will be subject to the return policy, which was included with your original invoice within the shipping box (i.e. 30 days or 30 minutes: refer to invoice). LIBERTY customers are required to return the cell phone to LIBERTY in un-damaged and working condition. LIBERTY will not reimburse its customers who do not return their phone. Such customers will be charged the original purchase price including activation fees, processing fees, airtime, shipping, taxes and all other applicable charges. Wireless Cellular phones and equipment purchased through someone other than LIBERTY are subject to their respective return policies and are not the responsibility of LIBERTY.
*Sprint is a registered trademark of Sprint Communications Company, L.P.
*Sprint provides access to its wireless network to Liberty Wireless subscribers but is not responsible for service, quality, billing, customer care, warranty, maintenance, or other aspects of subscriber service.
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