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These Flash Wireless Terms and Conditions (the “Terms”) includes terms and conditions for various services and plans offered by Flash Wireless, LLC. Where terms and conditions vary between the services or plans, distinctions are explicitly made. Where terms and conditions apply to all services and plans, no such distinction is made. If you need further assistance understanding the terms and conditions applicable to your specific Flash Wireless, LLC, service, please contact the Flash Wireless, LLC’s, customer service department at the number listed in Section 11 below.
For purposes of these Terms, the following basic definitions apply:
Please read the Agreement carefully. It covers important information about your Service and your Flash Device. The Agreement includes limitations of liability, and information regarding privacy and resolution of disputes by arbitration instead of in court. This Agreement also includes information about your cancellation rights and obligations, including, if you are a Service Contract customer, the possibility of an Early Termination Fee. You represent that you have the legal capacity to accept these Terms and the Agreement. If you sign for an organization, you represent that you are authorized to sign. You agree to pay any access and usage charges, taxes, fees and other charges that are accepted or processed through your Device(s) ("Charges"). You may designate others to manage or make changes to your account (each, an "Authorized User"). You and Authorized Users will have access to all account information. If you give your personal account validation information to someone, he or she can access and make changes to your account just as you can. Those changes will be binding on you. You may request to switch to another Rate Plan, and if we authorize the change, a transfer fee may apply. Changes may increase or decrease the cost of your Service.
YOU ACCEPT THESE TERMS AND THE AGREEMENT WITH FLASH WIRELESS WHEN YOU DO ANY OF THE FOLLOWING: (A) GIVE US A WRITTEN OR ELECTRONIC SIGNATURE TO THE AGREEMENT; (B) TELL US ORALLY THAT YOU ACCEPT THE AGREEMENT; (C) ACTIVATE YOUR SERVICE OR DEVICE OR ATTEMPT TO ACTIVATE YOUR SERVICE OR DEVICE; (C) USE YOUR SERVICE OR DEVICE AFTER YOU MAKE A CHANGE OR ADDITION; OR (D) PAY FOR THE SERVICE OR DEVICE. IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.
Individuals under the age of 18, or under the age of majority in those jurisdictions where such age is above 18, are not eligible to purchase Flash Wireless Services or be an account holder with Flash Wireless. When you accept these Terms and the Agreement with Flash Wireless, you represent, warrant, and agree that you are at least 18 years of age or the age of majority in your state. If you are executing this Agreement on behalf of a business entity, you represent, warrant, and agree that the business entity has the full power and authority to enter into this Agreement and to perform its obligations hereunder, and that you are authorized to bind the business entity.
Your Service is subject to our business policies, practices, and procedures, which we may change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE MAY CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE TERMS OR YOUR RATE PLAN IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS’ NOTICE BY POSTING SUCH CHANGES ON OUR WEBSITE OR BY EMAIL COMMUNICATION TO THE EMAIL ADDRESS YOU HAVE PROVIDED. YOU MAY OBJECT TO ANY SUCH CHANGES BY PROVIDING US WITH WRITTEN NOTICE AT ANY TIME BEFORE THE CHANGES BECOME EFFECTIVE. WE MAY THEN CHOOSE TO EXCEPT YOU FROM SUCH CHANGES. IF YOU HAVE TIMELY OBJECTED TO CHANGES AND WE DO NOT THEN EXCEPT YOU WITHIN 15 DAYS AFTER THE CHANGES HAVE BECOME EFFECTIVE, YOU MAY TERMINATE YOUR SERVICE (WHICH IS YOUR ONLY REMEDY) WITHOUT PENALTY OR EARLY TERMINATION FEE (IF OTHERWISE APPLICABLE) BY PROVIDING US WITH WRITTEN NOTICE OF YOUR TERMINATION WITHIN 30 DAYS AFTER THE CHANGES HAVE BECOME EFFECTIVE. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE ACCEPTED THE CHANGES IF YOU EITHER (i) DO NOT OBJECT PRIOR TO THE CHANGES BECOMING EFFECTIVE, OR (ii) YOU DO TIMELY OBJECT AND WE DO NOT EXCEPT YOU FROM THE CHANGES, AND YOU DO NOT THEN TERMINATE WITHIN 30 DAYS AFTER THE CHANGES HAVE BECOME EFFECTIVE. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.
Except as provided for below, you must purchase your Device from Flash Wireless as a condition of receiving Services. Flash Wireless reserves the right, in its sole discretion, to refuse new Service or suspend, cancel, or otherwise take action in connection with your existing Service if Flash Wireless determines that you are using or attempting to use a Device with your Service that you did not purchase directly from Flash Wireless (e.g. a Device that you obtained from another carrier or individual).
Your Device may not be compatible with the network and services provided by another service provider. Furthermore, your Device may not be compatible with other Flash Wireless services (for instance, if you purchased a device for a Flash Wireless (s) plan, that device will not work with a Flash Wireless Plan, and vice versa). Your Device must, as solely determined by Flash Wireless, be compatible with, and not potentially harm, our network. Some Flash Wireless features will be available only on Devices purchased from us. A Flash Wireless Device is designed to be used only with applicable Flash Wireless service. We do not represent or guarantee that your Device can work with another provider. In addition, we do not offer Device reprogramming support to enable your Device to work with another provider. At times we may change software, applications or programming remotely and without notice. This could affect data you have stored on, the way you have programmed, or the way you use your Device.
If you are a Flash Wireless Plan customer or a Flash Wireless (s) customer, you may use a Device not purchased from Flash Wireless in connection with your Flash Wireless Service, subject to the terms, conditions, and disclaimers of the Bring Your Own Device Program (the “BYOD Program”). If you are a Service Contract customer, you must purchase a Device directly from Flash Wireless for your primary line of Service; you may use a device not purchased from Flash Wireless only in connection with additional lines under your account. The following terms, conditions, and disclaimers apply to the BYOD Program:
YOU AGREE THAT FLASH WIRELESS IS NOT RESPONSIBLE FOR, AND YOU ASSUME ALL RISK FOR, YOUR USE OF ANY SUCH DEVICE WITH YOUR SERVICE AND AGREE THAT YOU ARE RESPONSIBLE IN FULL FOR YOUR SERVICE TERMS AND ALL APPLICABLE CHARGES REGARDLESS AS TO WHETHER OR NOT YOUR DEVICE PROPERLY FUNCTIONS WITH YOUR SERVICE OR OTHERWISE. FOR SERVICE CONTRACT CUSTOMERS, FLASH WIRELESS WILL INITIATE MONTHLY SERVICE BILLING ON THE EARLIER OF (I) THE DATE YOUR DEVICE IS ACTIVATED OR (II) THE 15TH DAY FOLLOWING THE DATE OF PLACEMENT OF YOUR ORDER FOR SERVICE. Other than as specifically provided for under these Terms, you agree that because Flash Wireless is not responsible for, and that you assume all risk for, any device you use under the BYOD Program, your Service payment is non-refundable due to any failure or other issue with importing your device, even in the event your device is rejected or otherwise does not work with your Service after payment.
Our coverage maps are available through our Website. You acknowledge and agree that the specific network coverage you get will depend on the radio transmissions your Device can pick up and Service you have chosen. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage is not available everywhere and Service speeds are not guaranteed. Service speeds may depend on the Service purchased. Actual speeds will vary. Estimating wireless coverage, signal strength and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control (network problems, network or internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, etc.), may result in dropped and blocked connections, slower Service speeds, or otherwise impact the quality of Service. Services that rely on location information, such as E911 and GPS navigation, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.
The term "roaming" typically refers to coverage on another carrier's network that we may make available to you based on our agreements with other carriers. These agreements may change from time to time and roaming coverage is subject to change. You acknowledge and agree that your ability to receive roaming coverage depends on the radio transmissions your Device can pick up and the availability of roaming coverage. We make no guaranty that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Your Device will generally indicate when you're roaming. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply. Certain Services may not be available or work the same when roaming (including data Services, voicemail, call waiting, etc.).
Free domestic voice roaming is a privilege that Flash Wireless may in its discretion provide in connection with your Rate Plan. Free domestic voice roaming is not a feature of your Rate Plan itself, and Flash Wireless may not provide it in connection with your Rate Plan. To the extent Flash Wireless provides free domestic voice roaming, Flash Wireless is not obligated to provide free domestic voice roaming and reserves the right to modify, limit, or disable your free domestic voice roaming at any time without notice to you. Flash Wireless reserves the right to revoke free domestic voice roaming from your Rate Plan and/or add free domestic voice roaming to any other Rate Plan at its sole discretion. You will be charged normal roaming rates applicable to your Rate Plan for any roaming use not provided as free domestic voice roaming by Flash Wireless. Any free domestic voice roaming provided by Flash Wireless is also provided subject in all respects to excessive use limitations. Flash Wireless may deem your roaming use excessive if it is in excess of 10% of your total airtime minutes usage in any given billing cycle, or otherwise in its discretion, and in any case without notice to you. If your use of roaming exceeds an ordinary range of roaming use, consumes excessive network capacity, adversely affects Flash Wireless’s ability to provide services to other users, and/or results in Flash Wireless incurring excessive charges, Flash Wireless may deem your roaming use excessive and revoke any free domestic voice roaming provided to you without notice to you. Flash Wireless will monitor your roaming use on a day to day basis to determine whether your roaming use is excessive.
You may review your call and charge details by accessing your account on our Website.
Our data Services or your Device may allow you to access the internet, text, pictures, video, games, graphics, music, email, applications, sound and other data, information, and materials (“Data Content”) or to create or send Data Content elsewhere. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (third party websites, games, ringtones, etc.). We make absolutely no guarantees about the Data Content you access on your Device. You acknowledge and agree that you are responsible for all charges associated with purchases or use of Data Content from any Device assigned to your account.
You may be able to restrict access and certain services by implementing controls available at our Website, or by calling Flash Wireless’s customer service at the number listed in Section 11 below. Data Content may not be transferable from one Device to another Device or be used by multiple End Users. When you use, download, or install Data Content that you acquire from Flash Wireless, the Data Content is licensed to you by Flash Wireless and may be subject to additional license terms between you and the creator/owner of the Data Content. Unless otherwise specified in applicable terms, whether acquired from Flash Wireless or a third party, any Data Content you acquire is licensed on a limited basis for internal, lawful use on your Device only, and may not be distributed or used commercially on a service-bureau or time-sharing basis. You may not transfer, copy, or reverse engineer any Data Content, create derivative works, or alter, disable or circumvent any digital rights management security features embedded in the Data Content.
Data Content may be:
You understand that you are solely responsible for evaluating the Data Content accessed by you or any End User. We strongly recommend you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. To protect our network, Services, or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), impose separate charges, limit throughput or the amount of data you can transfer, or otherwise limit or terminate Services. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.
We do not guarantee that you will not receive spam or other unsolicited messages or other Data Content, and you agree that we are not liable for such messages or other Data Content.
Flash Wireless is also not responsible for any information on your Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your Device. By submitting your Device to us, you agree that we, including without limitation, our employees, contractors and vendors, may access and/or remove all of the information on your Device.
Data speeds are subject to physical and technical limits on how much capacity is available in a particular location at times when the network is heavily loaded. To optimize the Services provided for the majority of customers and minimize capacity issues and degradation in network performance, we may take certain steps to manage our network, including, but not limited to, prioritizing the data usage of unlimited high-speed data customers who use more than a specified amount of data during a billing cycle below that of other customers. In addition, if you exceed the amount of data specified in your Rate Plan during a billing cycle, we may reduce your data speed for the remainder of that billing cycle. If we believe that your data usage could interfere with our ability to allocate network capacity or may degrade Service quality for other customers, we may suspend, terminate, or restrict your data sessions, or switch you to a more appropriate Rate Plan.
We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may result in reduced speeds for other services at times and in areas of network congestion. Additionally, we may implement other network management practices, such as deploying streaming video optimization technology. This technology is intended to be neutral as to content and source and is used to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video; however it may impact the appearance of the streaming video as displayed on a user’s device.
In addition to the rules for using all of our other Services, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you agree that you will not, and will not permit End Users to, use our Services:
We reserve the right to limit, suspend or constrain any heavy, continuous data usage that we believe may or does adversely impact our network performance or hinder access to our network. If your Services include web or data access, you also may not use your Device as a modem or other means of providing internet connectivity for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose.
Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional wireline phones, depending on a number of factors (for example, whether your Device is GPS enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location or the location of your Device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service (“E911”), where enabled by local emergency authorities, uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your Device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some Devices have a safety feature that prevents use of the keypad after dialing 911 – you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.
To help avoid unauthorized use of your Flash Wireless Service, if your Device is lost or stolen you must notify us pursuant to Section 11 or by calling Flash Wireless’s customer service department at the number listed in Section 11 below. Upon receiving notice that your Device is lost or stolen, Flash Wireless may temporarily deactivate your Service.
To re-activate your Service you must notify us that you wish to resume your Flash Wireless Service. If you are a Service Contract customer, recurring charges will continue during Service suspension unless Flash Wireless opts, in its sole discretion, to permit suspension of charges, and if Flash Wireless does opt to suspend charges, the time period of such suspension will not count toward your Term Commitment. If you are a No Contract customer, the suspension period will not alter the expiration date of the Service for which you have paid prior to your Device being lost or stolen (the “Expiration Date”), the time period for which you have paid will continue to run and your Service will expire on the Expiration Date, and if your Service has expired prior to you notifying Flash Wireless that you wish to re-activate then you will be required to pay for the full 30 day cost of the Service plan you select at time of re-activation.
If your Service is used during the time after your Device is lost or stolen and you wish to obtain a credit for such usage, please contact Flash Wireless. We will investigate the usage and the circumstances surrounding your report of the lost or stolen Device to determine whether a credit is appropriate. Any delay on your part in reporting your Device lost or stolen may be considered by Flash Wireless in its investigation.
You agree to comply at all times with our Acceptable Use Policy located at our Website, and will cause all End Users to comply with the Acceptable Use Policy.
We do not guarantee that number transfers to or from us will be successful and you should be aware that some services (e.g. 911 location services) may not be immediately available. If you authorize another carrier to transfer a number away from us, that is considered a request by you to us to terminate all of the Services associated with that number. You will remain responsible for all fees and charges owed in connection with your Service, including fees and charges through the end of the current billing cycle and, for any Service Contract customer, any Early Termination Fee.
Flash Wireless may from time to time offer international long distance calling packages (“ILD Packages”) as an add-on to your Rate Plan. The ILD Packages will be offered subject to special terms and conditions and availability, the details of which may be found at our Website at the following URL: https://www.flashwireless.com/ild.pdf. If you do not have an active ILD Package and use international long distance, or if you have an active ILD Package but your international long distance usage falls outside of the terms, conditions or availability of your ILD Package, such usage will not be covered by the ILD Package and will, without limitation, be subject to normal charges applicable to international long distance usage.
If you purchased your Device from Flash Wireless, you may return your Device as specified in the Flash Wireless Return & Exchange Policy found at our Website, or as permitted in any Supplemental Agreement. The Flash Wireless Return & Exchange Policy also outlines the terms and conditions under which you may be eligible to receive a refund for your Device or exchange your Device. Please note that charges may apply in connection with any return or exchange as specified in the Flash Wireless Return & Exchange Policy.
Except as specifically provided for in this Agreement, all amounts paid for your Service are non-refundable, including without limitation amounts paid for your Rate Plan. You will not be entitled to any refund or credit due to any unused Allotments, early termination of your Service, or any other reason, unless required by applicable law. If you are a Service Contract customer and you do cancel your Service prior to the expiration of your Term Commitment (defined below), an Early Termination Fee may apply as provided in Section 5.9 below. Whether you are a Service Contract or No Contract customer, upon any cancellation of your Service, you will remain liable to Flash Wireless for any unpaid charges whether billed or unbilled, including without limitation usage charges, taxes, and surcharges, and Flash Wireless may bill you for and collect such charges per the terms of Section 5 below. Please note, if you are a No Contract customer, you pay for your Service up front, and non-refundable amounts include both amounts paid for your Rate Plan and amounts paid into your FlexWallet.
You may terminate this Agreement as permitted herein. If you are a Service Contract customer, such termination may incur an Early Termination Fee pursuant to Section 5.9 below. If you have entered into a Supplemental Agreement with Flash Wireless, including a purchase plan for your Device, your termination of this Agreement may cause the Supplemental Agreement to be terminated and for all amounts owed pursuant to such Supplemental Agreement to become immediately due and payable. We may terminate this Agreement at any time as permitted herein, including pursuant to Section 6 or in the event you breach any Supplemental Agreement. Termination will not result in any refund, credit, or return rights except as expressly stated herein. Those provisions of this Agreement that are intended to survive shall survive any termination of this Agreement.
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service and Devices. Such amounts may be in addition to payment for the Service and as such will be billed to your credit or debit card as set forth in the Agreement. If you are exempt from payment of such taxes, you must provide Flash Wireless with an original certificate that satisfies applicable legal requirements attesting to tax exempt status. Tax exemption will only apply from and after the date Flash Wireless receives such valid certificate.
You agree to pay all surcharges (“Surcharges”), which may include, but are not limited to: Federal and/or state Universal Service, various regulatory charges, Flash Wireless administrative charges, gross receipts charges, and charges for the costs we incur in complying with governmental programs. Surcharges are not taxes and are not required by law. They are rates we choose to collect from you and are kept by us in whole or in part. The number and type of Surcharges may vary depending upon the location of the billing address of the Device and can change over time. We determine the rate for these charges and these amounts are subject to change as are the components used to calculate these amounts. Such Surcharges will not exceed any applicable amount authorized by the government. We will provide you notice of any changes to Surcharges in a manner consistent with the Agreement. However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided at the initial point of sale and is available on your account at our Website.
Flash Wireless reserves the right to charge other fees in connection with the Service from time to time in its sole discretion relating to processing your order, activation, reactivation, port out, and other transactions or occurrences related to the Service. Such fees will be posted at our Website in the Frequently Asked Questions (FAQs).
Regular Voice Calls: Your voice call Allotment and any voice call time charges or overages are based on minutes of use. We round up partial minutes of use to the next full minute. Time starts when you press “Talk” or your Device connects to the network and stops when you press “End” or the network connection otherwise breaks. You are charged for all calls that connect, even to voicemail, answering machines, or if forwarded. You will not be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you are charged from the time shortly before the Device starts ringing until you press END or the network connection otherwise breaks. If charges vary depending on the time of day that you place or receive calls (for example, nights and weekend plans), you are charged for the entire call based on the rate that applies to the time period in which the call starts. For Service Contract customers, usage may not always be processed immediately and may be included in later bills, but usage will count towards your allowance for the month when the Service was used.
Messaging (text, picture and video): Your messaging Allotment and any messaging overage is based on number of messages sent. Rates per message will be posted on our Website and are subject to change. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. Certain messages, including those to 3rd parties to participate in a promotion or other program, will result in additional charges. International messaging rates may vary and are subject to change. International texting availability in or to certain countries is subject to change from time to time without notice. There is no guarantee that messages will be received, and we are not responsible for lost or misdirected messages. Most text messages are limited to 160 characters.
Data Usage: Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes – not in minutes/time. 1024 bytes equals 1 kilobyte (”KB”), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to kilobytes, so you will be charged at least 1 KB for each data usage session (”data session”). Rounding occurs at the end of each data session, and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent. You may be charged for all data directed to your Device’s internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to any data network, you may incur data charges. Examples of data you will be charged for includes the size of a requested file or Data Content, web page graphics (logos, pictures, banners, advertisement, etc.), additional data used in accessing, transporting and routing the file on a data network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself. Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage – for example, the size of downloadable files – are not reliable predictors of actual usage. You will not be able to view through us the number of KB attributed to a specific action/data session.
Unused monthly Allotments of minutes, messages and data under your Rate Plan do not carry forward to the next month. Such unused Allotments are forfeited; no refund or credit of any kind is given for them.
You must provide a valid credit or debit card number (from any issuer then-accepted by Flash Wireless) in order to activate your Service or obtain your Device. You understand that Flash Wireless keeps your credit or debit card on file and automatically charges it for amounts due. Flash Wireless reserves the right, in its sole discretion, to stop accepting credit cards from one or more issuers. If your card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Flash Wireless promptly by either updating your card information via your online account or contacting the Flash Wireless customer service department at the number listed in Section 11 below. Failure to maintain a valid credit or debit card on file or to update your information is considered a breach of this Agreement and could result in your Service being hotlined or suspended or terminated as provided in Section 6.
This Section is applicable to Service Contract customers only. Charges under or related to your Rate Plan, including without limitation applicable taxes and Surcharges, will be payable by the due date indicated on your monthly invoice. Unless you make changes to your Rate Plan that require separate billing, and except for charges relating to your data overage, or any non-typical or non-voice usage, Flash Wireless will bill you for charges under or related to your Rate Plan on a monthly basis. Your invoice will reflect monthly charges (usually billed one bill cycle in advance), any usage based charges, taxes, surcharges, and any other amounts owed by you to Flash Wireless. Flash Wireless reserves the right to, and you hereby acknowledge and agree that Flash Wireless may, bill out of cycle for non-typical usage, offer promotions or special services, prorate charges, or otherwise adjust amounts charged to your account or adjust your bill cycle and dates. You are responsible for all charges associated with your account and the Services and Devices on your account, no matter who adds or uses the Services or Devices. You hereby authorize Flash Wireless to take the foregoing actions and to charge your credit or debit card at any time in the amount of any bill or other charges under your account that are due and payable. If Flash Wireless is unable to collect timely payment on any invoice for any reason attributable to you (e.g. your failure to maintain accurate card information on file, insufficient funds or credit limit, or otherwise), or if payments or charges are reversed, Flash Wireless will charge you a late fee of the lesser of 1.5% per month on the outstanding overdue balance or the maximum amount allowed by law in the state of your billing address.
This Section is applicable to No Contract customers only. Charges under or related to your Rate Plan, including without limitation applicable taxes and Surcharges, will be payable by you up front. Unless you make changes to your Rate Plan that require separate billing, and except for charges relating to your FlexWallet, data overage, or any non-typical or non-voice usage, Flash Wireless will bill you for charges under or related to your Rate Plan on a monthly basis. Flash Wireless reserves the right to, and you hereby acknowledge and agree that Flash Wireless may, bill out of cycle for non-typical usage, offer promotions or special services, prorate charges, or otherwise adjust amounts charged to your account or adjust your bill cycle and dates. You are responsible for all charges associated with your account and the Services and Devices on your account, no matter who adds or uses the Services or Devices. You hereby authorize Flash Wireless to take the foregoing actions and to charge your credit or debit card at any time in the amount of any bill or other charges under your account that are due and payable.
Flash Wireless accepts payments only by credit card or debit card as set forth in Section 5.4 above. The initial placement of your order by clicking the confirmation or similar button to complete the sign up process and accepting these Terms authorizes Flash Wireless to charge the credit or debit card account number on file with Flash Wireless, including any changed information provided to Flash Wireless if the card expires or is replaced or if you substitute a different card, for Flash Wireless charges as set forth in Section 5.4. By providing Flash Wireless with a company credit card or debit card, you are representing and warranting that you have the authority to authorize Flash Wireless to use such card for all charges due pursuant to this Agreement. This authorization will remain valid until receipt by Flash Wireless and effectiveness of your written notice terminating Flash Wireless's authority to charge your credit or debit card. Your written notice terminating Flash Wireless’s authority to charge your credit or debit card will become effective when Flash Wireless has received payment in full from you of all amounts due and owing pursuant to this Agreement or any Supplemental Agreement (including, if applicable, an Early Termination Fee and any costs for non-returned Devices). Flash Wireless reserves the right to offset any amounts owed or due pursuant to this Agreement with any other amounts owed or due under this Agreement or any Supplemental Agreement. Flash Wireless may terminate your Service and the Agreement at any time in its sole discretion if you revoke Flash Wireless’s authority to charge your credit or debit card on file, any charge to your credit or debit card on file with Flash Wireless is declined or reversed, your credit or debit card expires and you have not provided Flash Wireless with a valid replacement credit or debit card, or in case of any other non-payment of account charges. In connection with any termination, Flash Wireless may charge you for, without limitation, any unbilled usage or other amounts owed in connection with your Service, applicable Early Termination Fee, and non-returned Device costs as well as costs of collection. Any termination of Service leaves you FULLY LIABLE TO FLASH WIRELESS FOR ALL CHARGES ACCRUED BEFORE OR IN CONNECTION WITH TERMINATION (INCLUDING, IF APPLICABLE AS A SERVICE CONTRACT CUSTOMER, AN EARLY TERMINATION FEE AND ANY NON-RETURNED DEVICE COST) and for all costs incurred by Flash Wireless in collecting such amounts, such as (but not limited to) collection costs and attorneys' fees. Flash Wireless may subject your account to the collections process (including without limitation reporting your account to applicable credit bureaus) for any amounts owed, including by reason of reversed charges or non-payment.
This Section is applicable to No Contract customers only. To the extent you have sufficient funds in your FlexWallet, your FlexWallet enables you to use certain features not covered by the basic charges under your Rate Plan (“Non-Basic Features”). Such Non-Basic Features may include, among others, domestic and international voice roaming, domestic to international long distance calling, directory assistance, and usage of voice, text and data over your monthly Allotments. We may from time to time add or remove features as Non-Basic Features in our sole discretion. Amounts in your FlexWallet may only be applied to charges for Non-Basic Features and to other amounts as permitted by Flash Wireless in its sole discretion.
Flash Wireless will deduct funds equal to charges applicable to your use of Non-Basic Features from your FlexWallet as or after such charges are incurred. Applicable charges may be found under your Rate Plan on our website or in other terms applicable to the Non-Basic Features. We may also deduct other fees and amounts owed to us from your FlexWallet.
Your Rate Plan specifies the minimum balance (the “Minimum Balance”) required to be maintained in your FlexWallet and increments (“Increments”) by which your FlexWallet is filled. Upon activation, Flash Wireless will, and you hereby authorize Flash Wireless to, charge your credit or debit card in an amount as specified under your Rate Plan to fill your FlexWallet. When your FlexWallet balance is less than or equal to the Minimum Balance, Flash Wireless will, and you hereby authorize Flash Wireless to, automatically charge your credit or debit card, in an amount, determined based on the applicable Increments, sufficient to bring your account above the Minimum Balance. You may set certain charge limits as available under your account options at our Website. Flash Wireless may allow you to add funds to your FlexWallet at your discretion, and Flash Wireless may modify, remove or add FlexWallet features from time to time in its sole discretion.
Amounts in your FlexWallet are upfront charges for your ability to use Non-Basic Features for a twelve (12) month period from the time of such charge. Amounts in your FlexWallet are non-refundable and non-transferable. Funds in your FlexWallet will rollover month-to-month for twelve months. Any funds remaining in your FlexWallet for more than twelve (12) months from the time such funds are initially paid into the FlexWallet by you will expire and be forfeited by you. Such funds will automatically be deducted by Flash Wireless from your FlexWallet, and you will not be able to use these funds for any purpose.
Special provision applicable to international roaming usage and other delayed information features: Flash Wireless may not receive information regarding your use of international roaming or certain other features for some period of time after such use. You understand that it is your responsibility, and you agree, to maintain a FlexWallet balance sufficient to cover any international roaming or other delayed information feature use. If you fail to maintain such a sufficient balance, despite any charge limits you have set, you hereby authorize Flash Wireless to, and you understand that Flash Wireless may, charge your credit or debit card at any time in an amount equal to your usage at the applicable rate, plus any taxes, fees or other applicable charges, for any such international roaming or other feature use. You understand and agree that to the extent Flash Wireless is unable to successfully charge you for any such use, Flash Wireless may subject your account to collections process, which may include, without limitation, reporting your account to applicable credit bureaus.
This Section is applicable to No Contract customers only.: If you are a No Contract Flash Wireless Plan customer, unless you opt to use your FlexWallet for data overages by selecting such option under your account settings on our Website, when you have reached your monthly data Allotment under your Rate Plan, Flash Wireless will automatically charge your credit or debit card $15.00 (plus any applicable taxes and fees) and allot you an additional 512 megabytes of data usage. Flash Wireless will repeat this process each time you exhaust your available data. You hereby authorize Flash Wireless to make any such charges. Flash Wireless reserves the right to, and you agree that Flash Wireless may, change the applicable charge amount or additional data allotment in its sole discretion. Any unused additional data allotted to you will be forfeited at the end of each month of your billing cycle. You will not be entitled to any refund or credit for any such unused data.
If you dispute any Flash Wireless charges, you must notify Flash Wireless in writing within 7 days (or within such longer time period to the extent required by applicable law) (i) of the date your monthly invoice showing the charge has been made available to you (whether through your online account or otherwise) if you are a Service Contract customer, or (ii) of the date you receive your credit card statement showing the charge if you are a No Contract customer, or such dispute will be deemed waived.. You acknowledge and agree that you may not pursue a waived dispute in arbitration or in court. Unless otherwise provided by law, you must pay disputed charges until your dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved and you waive the right to pursue any additional remedies. For unresolved disputes see Section 14. To contact or notify us, see Section 11. Monthly bill itemization detail can be found at your customer online account accessed through our Website. You will not receive a separately itemized paper bill in the mail. If you have a question about your billing, you may call Flash Wireless’s customer service department at the number listed in Section 11 below to try to resolve the issue, but in the event you still dispute your bill you must provide Flash Wireless with notice in writing and follow the procedures set forth herein.
This Section is applicable to Service Contract customers only. Applicants for any Flash Wireless Service Contract service(s) may be subject to credit review, as allowed by law. By requesting that service be initiated, you authorize Flash Wireless to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past address, and in the event it becomes necessary, to recheck such information. In the case of an applicant that is a business entity, you agree to provide financials and references from time to time upon request, and authorize Flash Wireless to run a D&B report or utilize other credit reporting agencies, and to contact references to determine credit-worthiness. If you believe that Flash Wireless has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, Flash Wireless may or may not request that said alleged inaccurate information be removed from your credit history. The results of a credit check will determine eligibility for Flash Wireless Service and promotions, and Flash Wireless may change, withdraw or place limits on your Service based on the outcome of any credit check.
This Section is applicable to Service Contract customers only. Your Rate Plan may specify a term commitment for your Service, usually 1 or 2 years (“Term Commitment”). The Term Commitment is a commitment you make to us in exchange for certain aspects of your Service we may provide when you sign up or after you sign up (e.g. Device discounts). If your Service is suspended or otherwise stopped without billing, that time does not count toward completing your Term Commitment. You will be charged a fee (“Early Termination Fee”) for each line of Service that you terminate early (i.e. prior to meeting your Term Commitment) or for each line of Service that we terminate early for good reason (e.g. for violating the payment or other terms of the Agreement or for breach of a Supplemental Agreement) but such Early Termination Fee may be prorated based on your remaining Term Commitment. Early Termination Fees are specified in your Rate Plan. Carefully review any Term Commitment and Early Termination Fee requirements prior to selecting Services. If you cancel the Agreement with us and return any Device purchased, in both cases in accordance with the Flash Wireless Return & Exchange Policy, you may be eligible for a waiver of your Early Termination Fee.
We may take any action to: (1) protect our network, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our network and Services. Some of these actions may interrupt or prevent legitimate communications and usage - for example, message filtering/blocking software to prevent SPAM or viruses, limiting throughput, limiting access to certain websites, applications or other Data Content, prohibitions on unintended uses (for example, use as a dedicated line, or use as a monitoring service), etc.
Our right to limit or restrict your service above includes, without limitation, our right to hotline your account. “Hotline your account” means that we route all calls (except emergency 911 calls) from your Device under your Service directly to our customer service center. We may hotline your account in our discretion, including, without limitation, in the following circumstances: (i) if you are a No Contract customer, if your FlexWallet balance is at or below the Minimum Balance and we are unable to charge your credit or debit card for additional funds for any reason; or (ii) if you are a No Contract or Service Contract customer, upon any failure in charging your credit or debit card for any reason. Notwithstanding the foregoing, you agree that we are under no obligation whatsoever to hotline your account. We may elect to suspend or terminate your Service instead of hotlining, or we may hotline your Service for a certain period of time and then suspend it, in any case in our sole discretion.
If we hotline, suspend or terminate your Service for any reason, we may charge you a fee (not to exceed the amount of your initial activation fee) to restore or reactive it.
For Multi-Line Account Holders Only: Flash Wireless offers plans under which a single account may be responsible for multiple lines, Devices, and/or Services (a “Multi-Line Account”), including “family plans” and “small business plans”. You acknowledge and agree that as the holder of a Multi-Line Account, you are responsible to Flash Wireless for all charges and for any and all activity and use under your account, including without limitation charges, activity and use by or through any line, Device, or Service under your account, whether you are the actual End User or not. You further understand and agree that any reference in this Agreement to a single “Device” or “Service” applies to all Devices or Services on your account, and that any restrictions, limitations, disclaimers, or other provisions in this Agreement that apply to you also apply to your End Users.
You acknowledge and agree that it is your responsibility to ensure that all End Users adhere to the applicable terms of this Agreement and Flash Wireless’s Acceptable Use Policy, and that you will be responsible for any violation or misuse. You further acknowledge and agree that Flash Wireless may, in its sole discretion, limit, suspend, terminate, or take other action against your account or any or all lines under your account for any violation of the Agreement by you or any End User (including without limitation any failure to pay any charges incurred by any End User). Flash Wireless may take such action against your account or any or every line under your account even if the violation occurred only with respect to a single line under your account.
You represent, warrant, and agree that you will ensure that all End Users are familiar with all of the relevant information, notifications, warnings, disclaimers, and limitations contained in this Agreement, including without limitation by providing notice in writing to End Users regarding this Section 7 and in connection with Location Based Services as set forth in Section 3.6, 911 or Other Emergency Calls as set forth in Section 3.7, Our Rights to Limit or Terminate Service or the Agreement and Protect our Network as set forth in Section 6, Call Monitoring, Account Access, and Security as set forth in Section 8, Privacy Information as set forth in Section 10, and the Disclaimers of Warranties and Limitations of Liability set forth in Section 12. Notices pertaining to your account may be sent to you or to the applicable End User, and you agree that a notice sent to an End User is as effective under this Agreement as a notice sent to you.
END USERS ARE NOT INTENDED THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. Any disputes, complaints, claims, or other issues arising under this Agreement or from the use of the Device or Service must be resolved by you pursuant to the dispute resolution process set forth in Section 14 hereof.
You acknowledge and agree that family plans are intended for lines used by your immediate family members and members of the same household. Flash Wireless reserves that right to limit, suspend, terminate, or take other action against your account or any or every line under your account if Flash Wireless determines, in its sole discretion, that use of your family plan is inconsistent with this intention.
You acknowledge and agree that small business plans are intended for lines used by your business. Flash Wireless reserves that right to limit, suspend, terminate, or take other action against your account or any or every line under your account if Flash Wireless determines, in its sole discretion, that use of your small business plan is inconsistent with this intention.
For Converting Account Holders: If you are an existing customer of Flash Wireless and you are moving your line (“Conversion”) with Flash Wireless into a Multi-Line Account held by another Flash Wireless customer (“Master Account Holder”), you acknowledge and understand that upon such Conversion, with respect to such line, (i) you will no longer be a Flash Wireless account holder and Flash Wireless shall have no obligation to you in connection with Flash Wireless Service, (ii) the Master Account Holder, not you, shall have full and exclusive account control, including with respect to the associated MDN (and any future port of the MDN), and (iii) the Master Account Holder, not you, will have full and exclusive access to all billing, usage, other CPNI and other available account information associated with all MDNs, including your current MDN. You further acknowledge and understand that the Master Account Holder may also designate to Flash Wireless authorized account users who may access any and all account information, including all billing, usage, and other CPNI information, including CPNI associated with your current MDN, or make changes to the account that can affect your usage of the Flash Wireless service. Notwithstanding the foregoing, so long as you use a Flash Wireless line, whether you are the Master Account Holder or not, you agree to comply with the Flash Wireless Acceptable Use Policy and any other use requirement in the Agreement and your indemnification obligations to Flash Wireless and Flash Wireless’s rights and remedies against you for any violation of Flash Wireless’s Acceptable Use Policy and other use requirements shall survive and continue even after the Conversion.
To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service department).
You (the accountholder) may password protect your account information as provided on our Website. You agree to protect your password and other account access credentials. You further agree that Flash Wireless may, in our sole discretion, treat any person who presents your credentials for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for Service-related reasons or for any other matters arising from this Agreement through the contact information you provide, through the Services or Devices to which you subscribe or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail. You also agree that we may contact any End User for Service-related reasons, and you agree to obtain any necessary consent from such End Users for such communications.
You agree not to, and to cause your End Users not to, infringe, misappropriate or injure the intellectual property rights of Flash Wireless or any third party. Except for a limited license to use the Services or Devices arising from the sale of a product, your purchase of Flash Wireless Devices and Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Flash Wireless or others related to the Devices and Services, which may be used only with Flash Wireless Service unless expressly authorized by Flash Wireless. You agree that a violation of this section harms Flash Wireless, which cannot be fully redressed by money damages, and that Flash Wireless shall be entitled to immediate injunctive relief in addition to all other remedies available.
Notices to you from Flash Wireless, or any third-party provider from which you purchase any product or service in connection with your Flash Wireless Service (including without limitation the provider of any third-party device protection plan), may be delivered, at Flash Wireless’s or such third-party’s discretion, by being (a) sent to your last known contact information as reflected in the company records of Flash Wireless, provided by one of the following methods: (i) by U.S. mail, postage prepaid; (ii) by facsimile transmission; or (iii) by email; (b) given to you by a notation on, or an insert with, your billing invoice, whether such invoice is delivered to you or posted under your account on our Website; (c) posted through our Website; or (d) sent directly to your Device. Notices from you to Flash Wireless that are required to be in writing shall be mailed to Flash Wireless customer service department at 1000 Progress Place, Concord, NC 28025-2449. Written notifications shall be deemed given: (i) three (3) business days after deposit of the notice in the United States mail, postage prepaid; or (ii) on the same business day as the notice is actually received, if given by other means. Flash Wireless’s customer service department may be contacted at 1-888-226-2141 or as otherwise specified on our Website.
IN ADDITION TO THE DISCLAIMERS OF LIABILITY ELSEWHERE IN THE AGREEMENT, IN NO EVENT SHALL FLASH WIRELESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ANY OTHER THIRD-PARTY PROVIDER WHO FURNISHES SERVICES TO YOU OR YOUR END USERS IN CONNECTION WITH THE AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DAMAGES RESULTING FROM: 1) PROVIDING OR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING WITHOUT LIMITATION EMERGENCY 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION, DEFICIENCY OR DEGRADATION OF VOICE QUALITY, DATA, OR OTHER ASPECT OR FEATURE OF THE SERVICE; 2) ANY ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; 3) ANY FORCE MAJEURE EVENT SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD, TERRORISM, STRIKES, FIRE, WAR, RIOT, AND GOVERNMENT ACTIONS; 4) ANY EQUIPMENT, DEVICE, SERVICE, NETWORK OR FACILITY SHORTAGE, USE, CONNECTION, DAMAGE, FAILURE, UPGRADE, MODIFICATION OR RELOCATION; 5) ANY LOSS OF DATA, VOICEMAILS, PICTURES, APPLICATIONS, DATA CONTENT, OR OTHER INFORMATION ON OR CONNECTED WITH YOUR DEVICE, EVEN IF THE LOSS OCCURS WHILE WE WORK WITH YOUR DEVICE FOR ANY REASON; 6) ANY OUTAGE OF CUSTOMER'S INTERNET SERVICE PROVIDER OR BROADBAND SERVICE PROVIDER; 7) ANY ACT OR OMISSION OF CUSTOMER, AN END USER, OR ANY PERSON USING THE SERVICE PROVIDED TO CUSTOMER; 8) ANY OTHER CAUSE THAT IS BEYOND FLASH WIRELESS'S CONTROL, INCLUDING WITHOUT LIMITATION A FAILURE OF OR DEFECT IN ANY SERVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING WITHOUT LIMITATION 911 DIALING) TO BE CONNECTED OR COMPLETED, OR DEGRADATION OF VOICE QUALITY OR DATA; 9) TRAFFIC OR OTHER ACCIDENTS, OR ANY PERSONAL INJURY OR HEALTH-RELATED CLAIMS RELATING TO YOUR DEVICE AND SERVICE; 10) DATA CONTENT OR INFORMATION ACCESSED WHILE USING YOUR DEVICE OR SERVICE; 11) INTERRUPTED, FAILED, OR INACCURATE LOCATION INFORMATION SERVICES; 12) INFORMATION OR COMMUNICATION THAT IS BLOCKED BY A SPAM FILTER; OR 13) VIRUSES, WORMS, OR MALICIOUS CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO DOWNLOADED TO OR STORED OR PUT ON YOUR DEVICE, OR OTHER DATA CONTENT OR INFORMATION ACCESSED WHILE USING YOUR SERVICE OR OTHERWISE.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, FLASH WIRELESS'S AGGREGATE LIABILITY FOR ANY CLAIM YOU OR AN END USER MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED TIME PERIOD. IN NO EVENT SHALL FLASH WIRELESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE AGREEMENT OR THE SERVICE BE LIABLE FOR ANY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE DEVICE OR SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL EMERGENCY 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.
THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, INFRINGEMENT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT FLASH WIRELESS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. THIS SECTION 12.1 SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
You agree to defend, indemnify and hold harmless Flash Wireless, its officers, directors, employees, affiliates and agents and any other third-party provider (each, an “Indemnified Party”) who furnishes products or services to you in connection with the Agreement or the Service or Device (and, at Flash Wireless's option, either defend any such Indemnified Party or pay such Indemnified Party’s cost of defense) from and against all claims, losses, damages, fines, liabilities, penalties, costs and expenses of any nature whatsoever ("Liability"), including reasonable attorneys' fees, related to or arising from your actions or omissions or the actions or omissions of any End User by or through your account, including without limitation: (a) use of the Device or Service; (b) any violation of applicable laws, regulations, the Agreement, a Supplemental Agreement, or related policies; (c) negligent acts, errors or omissions; (d) injuries to or death of any person, and for damages to or loss of any property, which may in any way arise out of or result from or in connection with the Agreement, the Device or the Service, except to the extent that such liabilities arise from the gross negligence or willful misconduct of Flash Wireless; (e) claims for infringement of any intellectual property rights arising from use of the Service, Device, any application, software, the Internet, or other Data Content; (f) claims arising from Data Content or voice communications transmitted by, through, or to you or an End User; (g) the use of the Services with any interface devices not provided by Flash Wireless; (h) any claim made by an End User; or (i) the absence, failure or outage of the Service, including the 911 emergency response service accessible through the Services, and/or the inability of you to be able to access emergency response center personnel, whether arising out of misrouting of 911 calls due to your failure to provide Flash Wireless with accurate and up-to-date service address information or other information or your failure to follow activation procedures for 911 calling. This Section 12.2 shall survive termination of this Agreement.
FLASH WIRELESS DOES NOT MANUFACTURE WIRELESS DEVICES. YOUR WIRELESS DEVICE MAY COME WITH A SEPARATE WRITTEN WARRANTY FROM THE MANUFACTURER. THE SERVICE, THE DEVICES, AND ANY APPLICATIONS ON YOUR DEVICE ARE PROVIDED "AS IS" AND FLASH WIRELESS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE DEVICE OR SERVICE OR DATA CONTENT FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY REPRESENTATION OR WARRANTY THAT THE SERVICE, THE DEVICE OR ANY APPLICATION WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, FLASH WIRELESS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY, DATA, OR LOSS OF DATA CONTENT, OR OTHER INFORMATION. FLASH WIRELESS DOES NOT WARRANT THAT YOUR DEVICE WILL WORK FLAWLESSLY OR WILL NOT NEED OCCASIONAL UPGRADES OR MODIFICATIONS, OR THAT IT WILL NOT BE NEGATIVELY AFFECTED BY NETWORK-RELATED MODIFICATIONS, UPGRADES OR SIMILAR ACTIVITY. CHANGES TO NETWORK PLATFORMS ON WHICH FLASH WIRELESS OPERATES MAY CAUSE YOUR DEVICE OR ANY PART OF ITS FUNCTIONALITY TO STOP WORKING, TEMPORARILY OR PERMANENTLY. IF YOU DOWNLOAD OR USE APPLICATIONS, SERVICES OR SOFTWARE PROVIDED BY THIRD-PARTIES, 911 OR E911, OR OTHER CALLING FUNCTIONALITY, MAY WORK DIFFERENTLY THAN SERVICES OFFERED BY US, OR MAY NOT WORK AT ALL.
DISCLAIMER REGARDING DEVICE PROTECTION PLANS: Device protection plans offered in conjunction with your Device purchase or Service are not plans provided by Flash Wireless. Flash Wireless may make available to you certain device protection plans offered by third-party providers but does not itself offer device protection coverage. Device protection coverage is offered to you by a third-party provider and any device protection plan you may purchase is a relationship between you and such provider pursuant to separate contract between you and them.
FLASH WIRELESS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY DEVICE PROTECTION PLAN. DEVICE PROTECTION PLANS ARE PROVIDED “AS IS”, SUBJECT TO AND GOVERNED BY YOUR CONTRACT WITH THE THIRD-PARTY PROVIDER. YOU UNDERSTAND AND AGREE THAT YOUR PURCHASE OF A DEVICE PROTECTION PLAN IS ENTIRELY AT YOUR OWN RISK AND THAT YOU WILL NOT HOLD FLASH WIRELESS RESPONSIBLE IN ANY RESPECT FOR YOUR DEVICE PROTECTION PLAN, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR FAILURE TO PERFORM OF THE THIRD-PARTY PROVIDER. YOU FURTHER UNDERSTAND AND AGREE THAT WHILE FLASH WIRELESS MAY BILL OR PERFORM OTHER ADMINISTRATIVE FUNCTIONS ON BEHALF OF THE THIRD-PARTY PROVIDER, FLASH WIRELESS IS NOT RESPONSIBLE TO YOU FOR THESE BILLING OR OTHER MATTERS AND YOU WILL LOOK EXCLUSIVELY TO THE THIRD-PARTY PROVIDER TO RESOLVE ANY ISSUES YOU MAY HAVE WITH SUCH MATTERS.
Many services and applications offered or accessible through your Device may be provided by third parties. Some of these services and applications may involve charges for which you will be billed. In addition, personal information you or an End User submits may be read, collected or used by the service or application provider and/or other users of such service or application. Flash Wireless is not responsible for any charges incurred or information submitted, accessed or used in connection with any third party service or application. You are responsible for any use of or access to third party services and applications by you or End Users, such as maintaining virus and other security protections.
Except as otherwise specified in these Terms, the Agreement is governed by applicable federal law and the laws of the state of North Carolina, without regard to its conflicts of laws rules. Foreign laws (except for Puerto Rico) do not apply. Unless otherwise agreed, court proceedings must be in North Carolina (except that if you bring a small claims action you may do so in the jurisdiction of your billing address. For Puerto Rico customers, references to “small claims” shall mean the Puerto Rico Telecommunications Regulatory Board). If any provision of the Agreement is invalid under applicable law, such provision will not apply; however the remainder of the Agreement will be in full force and effect.
PLEASE READ THIS SECTION OF THESE TERMS CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO SEEK RELIEF FROM AN APPROPRIATE GOVERNMENTAL REGULATORY AGENCY. THIS SECTION APPLIES WITHOUT DISTINCTION TO BOTH SERVICE CONTRACT AND NO CONTRACT CUSTOMERS.
All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration, pursuant to the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as in effect at the time of the arbitration, and as modified herein. You may contact AAA in writing at one of its locations (e.g. The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about AAA and its procedures from AAA's website, at www.adr.org. Notwithstanding the foregoing, either you or Flash Wireless may bring an individual action against the other party in small claims court.
The Notice to Flash Wireless must be addressed to: Flash Wireless Customer Care, 1000 Progress Place, Concord, NC 28025-2449, and for Puerto Rico customers our registered agent is CT Corporation, and can be contacted at 361 San Francisco Street, Penthouse, San Juan, PR 00901 (“Dispute Notice Address”). The Notice must (a) describe the nature and basis of the claim or Dispute; and (b) describe the specific relief sought. You and Flash Wireless each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party, prior to initiating or commencing an arbitration proceeding with the AAA.
Any Dispute must be brought within two (2) years after the date on which the basis for the Dispute first arises. Any arbitration proceeding shall be fully resolved within six (6) months from the date of commencement, unless otherwise agreed in writing.
The arbitrator will not award damages that are not expressly authorized by the Agreement. The arbitrator will not have authority to award punitive or exemplary damages or attorneys' fees. You and Flash Wireless expressly waive any claims for an award of damages that are excluded under the Agreement.
If the amount involved in the Dispute is less than $10,000, the arbitration will be conducted in the county of the last billing address of your Service. If the amount in dispute is $10,000 or more, the arbitration will be conducted in Charlotte, North Carolina. You have the right to be represented by an attorney in any arbitration.
Unless otherwise provided for in the AAA Rules, or in the arbitration award, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between you and Flash Wireless. The prevailing party may seek to recover from the other party the AAA's fees and the expenses of the arbitrator. If you select an in-person, telephonic, or on-line arbitration process, you must pay your share of any higher administrative fees and costs for the process you select.
Any award may be confirmed and enforced in any court of competent jurisdiction. The arbitration will be confidential. Neither you nor Flash Wireless may disclose the existence, content, or results of the arbitration, except to confirm and enforce the award, or as may be required by law.
Each Dispute will be resolved on an individual basis. YOU AND FLASH WIRELESS SPECIFICALLY AGREE THAT YOU AND FLASH WIRELESS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The Agreement does not allow class or collective arbitrations even if applicable AAA rules would.YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING(“Class Arbitration Waiver”). Notwithstanding anything else in this Dispute Resolution and Arbitration Section 14, the validity and effect of the Class Arbitration Waiver may be determined only by a court and not by an arbitrator. You and Flash Wireless acknowledge that the Class Arbitration Waiver is material and essential to the resolution of any Dispute and is nonseverable from this Dispute Resolution and Arbitration Section 14. THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION AND ARBITRATION SECTION 14 (but only the Dispute Resolution and Arbitration Section 14) SHALL BE NULL AND VOID AND IF YOU CHOOSE TO PROCEED WITH YOUR CLAIM YOU MUST DO SO IN COURT PURSUANT TO SECTION 13.
NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.
14.12 PUERTO RICO CUSTOMERS: If you are a Puerto Rico customer and we are unable to resolve your dispute to your satisfaction, you may notify the Telecommunications Regulatory Board of Puerto Rico (“Telecommunications Board”) of your complaint by sending a petition to the Telecommunications Board by mail at 500 Ave. Roberto H. Todd (Pda. 18- Santurce), San Juan, Puerto Rico 00907-3941; Phone: 1-787-756-0804 or 1-866-578-5500; Website: jrtpr.gobierno.pr. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulations 8065 promulgated on August 31, 2011 by the Telecommunications Board regarding the procedures for customer’s dispute resolution and suspension of Services.
In the event any claim proceeds in court rather than through arbitration, for any reason, both you and Flash Wireless agree that such Dispute will only be resolved on an individual basis (“Class Action Waiver”). YOU AND FLASH WIRELESS SPECIFICALLY AGREE THAT YOU AND FLASH WIRELESS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
To the extent any claim proceeds in court rather than through arbitration, for any reason, if not prohibited by applicable law, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing to be effective. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future.
Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.
You shall not assign the Agreement or any of your rights or duties under it without our prior written consent. The Agreement, the Devices and the Service are not for resale. We may assign all or part of the Agreement or your obligations to us without notice.
The Agreement and any applicable Supplemental Agreement is the entire agreement between you and Flash Wireless and defines all of the rights you have with respect to your Service and Device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. The Agreement is not for the benefit of any third party except our parent companies, affiliates, agents, and successors in interest. If you obtain a Device, services or content from a third party, you may have a separate agreement with the third party; Flash Wireless is not a party to that agreement. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 3.9, 4.3, 5.5 (to the extent relating to Flash Wireless’s right to charge your credit or debit card after termination of authority), 5.7, 5.9, and 9 through 17 shall survive expiration or termination of the Agreement.
By enrolling in this ACN service through the Strive for Five program, I understand that my name may be shared with the customer who referred me for purposes of verifying qualifications.
Revised December 28, 2015