|This agreement for prepaid wireless service between you and Verizon Wireless sets your and our legal rights. PLEASE READ THIS AGREEMENT AND YOUR PREPAID WIRELESS BROCHURE CONTAINING PRICING AND CALLING AREA. YOUR PREPAID WIRELESS SERVICE PRICE PLAN IS PART OF THIS AGREEMENT. THIS AGREEMENT STARTS WHEN YOU INITIALIZE SERVICE. IF YOU DON'T WANT TO ACCEPT AND BE BOUND BY THIS AGREEMENT, RETURN ANY CELL PHONE YOU RECEIVED WITH THIS AGREEMENT (WITHOUT USING, OR OPENING THE INSIDE PACKAGE) TO THE PLACE OF PURCHASE WITHIN 15 DAYS. Paragraphs marked with "‡" will continue after the end of this agreement.
You don't have any property right in your phone number. It may be changed or reassigned. Please note that your phone number may show up when you call someone unless you dial *67 before each call, or order per line call blocking (where it's available).
We provide commercial mobile radio service for your cell phone when it is within range of our transmission sites. Your cell phone may also work with other companies' sites. Service depends on radio transmission, and is only available in certain areas. (If you call us, we may monitor or record the call for training or quality assurance purposes.
You have the right to dispute debits related to your account, but you must notify us of the dispute within 90 days after the date of the disputed call date OR YOU'RE WAIVING THE DISPUTE. (You still have to pay all charges on time until the dispute is resolved.) When you make or receive a call using a transmission site outside your home airtime rate area, or that uses another company's transmission site, you are roaming. Time starts when you first press "SEND" on a cell phone, not when the call connects. Time ends several seconds after you press "END", or after the call otherwise disconnects. We may charge you a fee of up to $25 for any returned check. If you give us a credit card number that we accept for payment you're authorizing us to charge the amount you owe us. If you're in your home airtime rate area and make a call that is answered, but then get disconnected because of interference with radio transmission, try redialing. If the same number answers within 5 minutes of the disconnection, we'll be glad to give you a 1 minute airtime credit. To get credit, you must call us within 7 days after the call is disconnected. If service is unavailable in our service area for more than 24 continuous hours due to our fault, we'll also give you a pro rata credit.
If someone steals or tampers with your cell phone, notify us and provide us with any documentation (such as a police report) we request. After you notify us, we'll suspend service for up to 30 days from your notice to us, or until you replace or recover your cell phone. Until you notify us you're still responsible for all charges to your phone number.
To maintain or improve cellular service, to prevent fraud, or for other business reasons, we can restrict or modify your service without notice. WE CAN RESTRICT OR END YOUR SERVICE OR THIS AGREEMENT WITHOUT NOTICE if you: (a) make a false statement to us; (b) interfere with our customer service or other business operations; (c) breach any part of this agreement; (d) we believe your service is being misused or used by anyone for unlawful activity; (e) we believe your cell phone or telephone number has been stolen or tampered with; or (f) the use of your service adversely affects service to other customers.
BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE WAIVING IMPORTANT RIGHTS. YOU AGREE OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO A REFUND OR REBATE OF CHARGES YOU HAVE PAID OR OWE US. WE AGREE YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO ANY ACTUAL DAMAGES YOU CAUSE TO OUR BUSINESS OR PROPERTY, AND ANY DAMAGES COLLECTED FROM US BY A THIRD PARTY ARISING OUT OF THE USE OF YOUR CELL PHONE. NEITHER OF US CAN RECOVER (A) PUNITIVE DAMAGES; (B) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES; OR (C) ATTORNEY'S FEES. YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE. YOU AND WE ALSO AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR EQUITABLE RELIEF, OTHER THAN TO PROTECT ANY PATENTS, COPYRIGHTS, TRADEMARKS, OR TRADE SECRETS, OR TO PREVENT ABUSIVE, FRAUDULENT, OR ILLEGAL USE OF A CELL PHONE OR TELEPHONE NUMBER. YOU AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF USE OF YOUR CELL PHONE. EXCEPT FOR CREDIT FOR CERTAIN DROPPED CALLS OR INTERRUPTED SERVICE (AS DESCRIBED EARLIER), WE AREN'T LIABLE TO YOU FOR DROPPED CALLS, INTERRUPTED SERVICE, OR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU; BY ANY THIRD PARTY; BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, ATMOSPHERIC CONDITIONS OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD OR NATURAL DISASTER. IF ANOTHER CELLULAR CARRIER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, BECAUSE OF ROAMING), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IMPOSED ON ITS CUSTOMERS, TOO.
WE DON'T MANUFACTURE CELL PHONES. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT YOUR CELL PHONE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOESN'T DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER OR ANY THIRD PARTY VENDOR OF YOUR CELL PHONE. EXCEPT AS EXPLICITLY PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR SERVICE. IF YOU HAVE PURCHASED A USED, REFURBISHED, OR RECONDITIONED PHONE, NO WARRANTIES FROM THE MANUFACTURER MAY EXIST.
INSTEAD OF SUING IN COURT, YOU'RE AGREEING TO ARBITRATE DISPUTES ARISING OUT OF OR RELATED TO THIS OR PRIOR AGREEMENTS. THIS AGREEMENT INVOLVES COMMERCE AND THE FEDERAL ARBITRATION ACT APPLIES TO IT. ARBITRATION ISN'T THE SAME AS COURT. THE RULES ARE DIFFERENT AND THERE'S NO JUDGE AND JURY. YOU AND WE ARE WAIVING RIGHTS TO PARTICIPATE IN CLASS ACTIONS, INCLUDING PUTATIVE CLASS ACTIONS BEGUN BY OTHERS PRIOR TO THIS AGREEMENT, SO READ THIS CAREFULLY. THIS AGREEMENT AFFECTS RIGHTS YOU MIGHT OTHERWISE HAVE IN SUCH ACTIONS THAT ARE CURRENTLY PENDING AGAINST US OR OUR PREDECESSORS IN WHICH YOU MIGHT BE A POTENTIAL CLASS MEMBER. (We each retain our rights to complain to any regulatory agency or commission.) YOU AND WE EACH AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
All service we provide is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE PRICES AND ANY OTHER TERMS IN THIS AGREEMENT AT ANY TIME BY GIVING YOU PRIOR NOTICE. IF THE CHANGE ADVERSELY AFFECTS YOUR RATES, YOU MAY TERMINATE THIS AGREEMENT. IF YOU CHOOSE TO CONTINUE TO USE OUR SERVICE, THOSE CHANGES WILL APPLY TO YOU.
- ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO ANY PRIOR AGREEMENT FOR CELLULAR SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR TO ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, WILL BE SETTLED BY INDEPENDENT ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER WIRELESS INDUSTRY ARBITRATION ("WIA") RULES, AS MODIFIED BY THIS AGREEMENT. WIA RULES AND FEE INFORMATION ARE AVAILABLE FROM US OR THE AAA;
- EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST US, OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, AND WE WAIVE ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST YOU. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be stayed until any claims in that action that are subject to arbitration have been resolved. If claims are asserted against multiple parties, some of whom aren't required to arbitrate, the claims subject to arbitration must be severed;
- No arbitrator has authority to award relief in excess of what this agreement provides, or to order consolidation or class arbitration, except that an arbitrator deciding a claim arising out of or relating to a prior agreement may grant as much substantive relief on a non-class basis as such prior agreement would permit. NO MATTER WHAT ELSE THIS AGREEMENT SAYS, IT DOESN'T AFFECT THE SUBSTANCE OR AMOUNT OF ANY CLAIM YOU MAY ALREADY HAVE AGAINST US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST PRIOR TO THIS AGREEMENT. THIS AGREEMENT JUST REQUIRES YOU TO ARBITRATE SUCH CLAIMS ON AN INDIVIDUAL BASIS. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations and will decide whether an issue is arbitratable or not. In a Large/Complex Case arbitration, the arbitrators must also apply the Federal Rules of Evidence and the losing party may have the award reviewed by a review panel of three arbitrators;
- IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. A JUDGE WILL DECIDE ANY DISPUTE INSTEAD;
- NO MATTER WHAT ELSE THIS AGREEMENT SAYS, IT DOESN'T APPLY TO OR AFFECT THE RIGHTS IN A CERTIFIED CLASS ACTION OF A MEMBER OF A CERTIFIED CLASS WHO FIRST RECEIVES THIS AGREEMENT AFTER HIS CLASS HAS BEEN CERTIFIED, OR THE RIGHTS IN AN ACTION OF A NAMED PLAINTIFF WHO FIRST RECEIVES IT WHILE HIS ACTION IS PENDING, ALTHOUGH IT DOES APPLY TO OTHER ACTIONS, CONTROVERSIES, OR CLAIMS INVOLVING SUCH PERSONS.
If either of us waives any part of this agreement in one instance, that won't be a waiver of any other provision or any other instance. All written notices are considered delivered to you when mailed to the billing address we have on file for you at the time, or to us when mailed to our customer service address. You represent that you have the legal capacity to agree to this agreement. If any part of this agreement is held invalid, that won't have any effect on any other part, unless your or our rights or duties are materially impaired. You can't rely on any other document or statement by anybody, and you have no other rights with respect to service or this agreement, except as specifically provided by law or in this agreement. This agreement isn't for the benefit of any third party except our affiliates and predecessors and successors in interest. It's governed by the laws of the state encompassing the area code assigned to your telephone number, without regard to the conflicts of laws and rules of that state.