General Membership Connectivity Service Agreement “Service Agreement”
Your Service Agreement with 4GCommunity.org relating to the connectivity benefit includes, but is not limited to, the terms of the service plan, including those outlined below, and the most recent 4GCommunity.org General Terms and Conditions of Service ("Ts and Cs") also outlined below. Carefully read all sections of this Service Agreement with 4GCommunity.org, including the MANDATORY ARBITRATION Provision and CLASS ACTION WAIVER PROVISION set forth in the Ts and Cs.
Service Agreement: The importance of this Service Agreement is communicated to you when you join, at each membership extension, and it is available here for your review at all times.
General Terms: Your acceptance of the Service Agreement begins when you join (e.g., electronic signature, activate service, use device, etc.) and continues as long as you use the Services. This Service Agreement will automatically continue until you contact us to inform us of your membership cancellation. If payment is not received in full by the due date on a bill, late fees may be assessed, in amounts up to the maximum amount permitted by law in the state of your billing address. Offers may not be available everywhere, combined with other promotions or options. Coverage is not available everywhere and varies by service. A reconnect fee of up to $30 may apply to reestablish service on accounts that have been disconnected for nonpayment. Our services will only work with our equipment or the equipment of our providers. Not all services are available with all equipment, or on all networks. We may block network access or refuse activation for devices that are incompatible with our network or provider networks, or for any reason that protects our members’ or the network(s).
Nature of our Service. The plan(s), devices, services and features are not for resale and are intended for reasonable and non-continuous use by a single consumer.
Prohibited Network Uses. To ensure the activities of some users do not impair the ability of others to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of 4GCommunity.org's network or systems. 4GCommunity.org reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited uses detailed below, or if 4GCommunity.org, in its sole discretion, determines action is necessary to protect the networks from harm or degradation. Examples of prohibited voice uses: 4GCommunity.org services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. 4GCommunity.org services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmissions of recorded material, telemarketing, auto-dialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals. Examples of prohibited data uses: 4GCommunity.org data services are intended to be used for web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or online gaming. Our data services may not be used to disrupt email use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines; to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; or for activities adversely affecting the ability of other people or systems to use either 4GCommunity.org's services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user.
Promotions, Options and Other Provisions
Web Access: 4GCommunity.org can assist you with options to manage the transmission of material which may be considered harmful to minors on certain devices by providing guidance on tools to limit the number of Internet web sites or restrict Web access. Unfortunately, these tools do not work in all cases, and access cannot always be prevented. Direct parental supervision of web access is strongly advised for minors. As a parent or guardian of a minor you accept this is your responsibility and your's alone.
Third-Party Content: 4GCommunity.org services allows members to purchase mobile content on a per item or monthly basis from other entities. Subscribers are responsible for all billed content, including content purchased by others authorized to use devices on the account. Deleting third-party applications from your device alone may not stop the billing of monthly recurring charges. Your direct contact of the third-party’s billing department may be required.
Off-network Roaming: The primary use of your Device must be for domestic purposes within the 4GCommunity.org program network. No off-network roaming is permitted with the program plan. Domestic means use in the 50 United States, the U.S. Virgin Islands and Puerto Rico.
International Roaming: No international roaming is permitted with the service plan.
General Terms and Conditions of Service, Effective 11/15/15
In this document: (1) "we," "us," "our," and "4GCommunity.org" mean 4GCommunity.org, as contracting agent on behalf of the applicable 4GCommunity.org affiliated entities, providers, vendors, partners and the like, providing the products and Services; (2) "you," "your," "member," and "user" mean an account holder with us or any user of our devices or services; (3) "Device" means any phone, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us; and (4) "Service" means 4GCommunity.org-branded offers, plans, options, wireless services, billing services, applications, programs, products, software, or devices on your account with us. "Service(s)" also includes any other product or service that we offer or provide to you that references these General Terms and Conditions of Service ("Ts&Cs").
The Service Agreement
These Ts&Cs are part of your Service Agreement with us (the "Agreement") and constitute a contract under which we provide you Services under terms and conditions that you accept. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER, A REPRESENTATIVE ACTION WAIVER, AND A JURY WAIVER PROVISION. In addition to these Ts&Cs, there are several parts of the Agreement, which includes but is not limited to the following: (i) the transaction communication that you receive and accept; (ii) the plan(s) that you chose to use as set forth in our communications that we provide or refer you to during the membership transaction, including on-line and telephone transactions;(iii) any confirmation materials and invoices that we may provide to you; and (iv) the terms that may be set forth in any network coverage map. It is important that you carefully read and thoroughly understand all of the terms of the Agreement.
Additional terms will apply when you use certain applications, programs, Devices, and Services, and these terms will be provided to you prior to your use of the items. Depending on who provides the items, the terms may come from 4GCommunity.org or a third party. You are subject to any terms provided by the third party, and the terms are directly between you and that third party. 4GCommunity.org is not responsible for these third party items and associated terms. Also, a different dispute resolution provision may apply to services provided by another company (the dispute resolution provisions in this Agreement will still apply to our Services). For employee and organization discounts, the discount percentage may vary from billing period to billing period based on the terms of the agreement between your employer, association, or organization and 4GCommunity.org. The discount will be zero after your agreement or your organization's agreement with 4GCommunity.org ends. Additional terms and eligibility requirements regarding organization discounts will be provided to you.
Services are subject to our business policies, practices, and procedures ("Policies"). You agree to adhere to all of our Policies when you use our Services. Our Policies are subject to change at any time with or without notice.
When You Accept The Agreement
You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) accept the Agreement through any printed, oral, or electronic statement, including on the web by electronically marking that you have reviewed and accepted; (b) attempt to or in any way use the Services; (c) pay for Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so. If you don't want to accept the Agreement, don't do any of these things. Don't use the Device. Don't use the Services.
Our Right To Change The Agreement & Your Related Rights
We may change any part of the Agreement at any time with or without notice. You are responsible to review and understand it as posted here in its most current written form.
Our Right To Suspend Or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any reason. For example only, we can suspend or terminate any Service for the following: (a) late payment or non-payment; (b) exceeding an Account Spending Limit; (c) harassing/threatening/abusing/offending our employees or agents; (d) providing false or inaccurate information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (g) breaching, failing to follow, or abusing the Agreement or Policies; (h) providing false, inaccurate, dated, or unverifiable identification or credit information or becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications; (j) failing to use our Services for an extended period of time; (k) failing to maintain an active Device in connection with our Services; or (l) if we believe the action protects our interests, any member's or the memberships' interests, or the networks.
You understand your support and membership in the organization is not a guarantee of any particular benefit for any duration of time. You understand you are supporting an organization mission. You understand we reserve the right to cancel any Internet connectivity Service as a member benefit at any time without notice, for any reason. You understand that your membership charges may not be refunded or prorated if the Internet connectivity benefit is terminated or modified regardless of reason at any time.
Your Right To Change Services & When Changes Are Effective
The account holder can typically change Services upon request. Changes to Services are usually effective at the start of the next full invoicing cycle. If the changes take place sooner, your invoice may reflect pro-rated charges for your old and new Services. We may, but are not obligated to, provide you the opportunity to authorize someone else to make changes to your Services. You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.
Your Right To Terminate Services
You can terminate Services at any time by calling or writing us and requesting that we cancel all Services. In addition, if you return or provide your Device to 4GCommunity.org and fail to either cancel service on the Device or activate another Device in connection with your Service, we reserve the right to terminate your Service. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your then current billing cycle, we may prorate charges to the date of termination and you may receive a credit or refund for any unused Services. However, you also understand we are not required to do so under this Agreement as Internet connectivity is not a guaranteed benefit of membership.
Restrictions On Using Services
You can't use our Services: (a) in a way that could cause damage or adversely affect any of our other members or our reputation, networks, property, or Services; or (b) in any way prohibited by the terms of our Services, the Agreement, or our Policies. You cannot in any manner resell the Services to another party. For additional restrictions on the use of our Services, please see our Acceptable Use Policy and Visitors Agreement, which are available on our website, and the detailed plan or other information on Services that we provide or refer you to.
Your Device & Number
We don't manufacture any Device that we might sell to you or that is associated with our Services, and we aren't responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through. Device performance may vary based on device specifications (for example, a device's software, memory, and storage), and device performance may impact access to all of our Services. Your Device is designed to be activated on the networks and in coverage areas that we may make available to you. You have no —and cannot gain any (for example, through publication, use, etc.) — proprietary, ownership, or other rights to any phone number, identification number, or other identifier that we assign to you, your Device, or your account. We'll notify you if we decide to change or reassign them.
Coverage; Where Your Device Will Work; Service Speeds
The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Coverage maps provide only high level estimates of coverage areas when using Services outdoors under optimal conditions. Coverage isn't available everywhere. Coverage and Service speeds are not guaranteed. Coverage is subject to change without notice. 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 all estimated coverage areas that — along with other factors both within and beyond control (for example, network problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.) — may result in dropped and blocked connections, slower Service speeds, or otherwise impact the quality of Service. 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.
About Data Services & Content
Data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound, and other materials ("Data Content") or send Data Content elsewhere. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.). We make absolutely no guarantees about the Data Content that you access on your Device. Data Content may be: (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable. You are solely responsible for evaluating the Data Content accessed by you or anyone through your Services. We strongly recommend that you directly monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. We are not responsible for any Data Content. We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device. To protect the networks and 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 that you can transfer; or otherwise limit or terminate Services.
Specific Terms & Restrictions On Using Data Services
In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose you can't use our data Services: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts network performance or hinders access to the networks.
If we provide you software as part of the Service and there are not software license terms provided with the software (by 4GCommunity.org or by a third party), then 4GCommunity.org grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You will not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. We may revoke this license at any time.
Fees, Activation & Miscellaneous Charges
Based on our Policies, we may charge initiation, activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, rush shipping, device upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
Account & Service Charges
You are responsible for all charges associated with your account and the Services on your account, no matter who adds or uses the Services. Charges include, but are not limited to, recurring charges, usage charges, charges for additional services, taxes, surcharges, and fees associated with your Services. These charges are described or referred to in our marketing materials, and in confirmation materials that we may send to you. If you (the account holder) allow end users to access or use your Devices, you authorize end users to access, download, and use Services.
Your bill provides you notice of your charges. It may reflect recurring charges, fees, taxes, surcharges, product and equipment charges, subscription charges, and usage/transaction specific charges. Bill cycles and dates may change from time to time. Your bill may also include other important notices (for example, changes to your Agreement, to your Service, legal notices, etc.).
Your Payments; Late Fees
Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs we pay to a collection agency to collect unpaid balances from you. We may charge you, up to the highest amount permitted by law, for payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive our right to collect all amounts that you owe us. We prefer you have a PayPal account to ensure multiple, flexible secure payment and crediting options. Our invoices will be sent to the email address you provided for this purpose at activation. Our invoices will be sent to you via email through PayPal. PayPal provides you and us with a highly flexible and secure payment processing solution.
Taxes & Government Fees
You agree to pay all federal, state, and local taxes, fees, and other assessments that we're required by law to collect and remit to the government on the Services that we or our providers provide to you. These charges may change from time to time without advance notice. If you're claiming any tax exemption, you must provide us with a valid exemption certificate at the time of activation. Tax exemptions generally won't be applied retroactively.
You agree to pay all 4GCommunity.org surcharges ("Surcharges"), which may include, but are not limited to: Federal Universal Service; Regulatory and Administrative charges; gross receipts charges, and other charges. Surcharges are not taxes, and we are not required by law to assess them. They are part of our rates we choose at our discretion, to collect from you, to recover certain costs and are kept by us. The number and type of Surcharges will be provided on your invoice and may vary depending upon the location of the billing address of the Device and can change over time. We determine the amount for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). However, because 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.
Protecting the Networks & Services
We can take any action to: (1) protect the networks, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of the networks 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.
Authentication and Contact: You (the account holder) may request to password protect your account information by establishing a personal identification number ("PIN"). You may also set a backup security question and answer in the event you forget the PIN. You agree to protect your PIN, passwords, and other account access credentials like your backup security question from loss or disclosure. You further agree that 4GCommunity.org may, in our sole discretion, treat any person who presents your credentials that we deem sufficient 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 through the contact information that 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.
Information on Devices: Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). 4GCommunity.org is 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, for example when you relinquish, exchange, return, or recycle your Device. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase all data on your Device, but you must remove all data from your Device before you provide it to us. The protection of this information is solely your responsibility.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE AND ANY SOFTWARE OR APPLICATIONS ON YOUR DEVICE). WE DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. 4GCOMMUNITY.ORG, SUBSIDIARIES, AFFILIATES, PARTNERS, ETC., PROVIDES ALL DEVICES, SERVICES, SOFTWARE AND APPLICATIONS ON AN "AS IS" BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS.
You Agree That We Are Not Responsible For Certain Problems
You agree that neither we nor our subsidiary, or affiliate companies, nor our vendors, suppliers, or licensors are responsible for any damages, delay, interruption or other failure to perform resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services or a Device; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) damage or harm caused to anyone or anything by a Device, or (j) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You are solely responsible for and should implement appropriate safeguards to secure your Device, computer, or equipment and to back-up your information stored on each.
You Agree That Our Liability Is Limited - No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE DEVICES OR SERVICES IN CONNECTION WITH A DEVICE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, LOSS OR DAMAGE TO PROPERTY, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction through calls to our support team, you and 4GCommunity.org each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and 4GCommunity.org agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action Instead of suing in court, you and 4GCommunity.org agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by entering into this Agreement, you and 4GCommunity.org are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead Disputes are decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator's decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages and relief, including any attorneys' fees authorized by law.
"Disputes" shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that 4GCommunity.org brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and 4GCommunity.org, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with 4GCommunity.org; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and 4GCommunity.org each agree to first provide to the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to 4GCommunity.org should be sent to: General Counsel; Arbitration Office; 601 W. 26th St., Suite 325-7, Centre for Social Innovation, NY, NY 10001. 4GCommunity.org will provide a Notice of Dispute to you in accordance with the "Providing Notice To Each Other Under The Agreement" section of this Agreement. 4GCommunity.org will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and 4GCommunity.org agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or 4GCommunity.org may commence an arbitration proceeding or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and 4GCommunity.org agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the state of Delaware. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act ("FAA") applies to this Agreement and arbitration provision. We each agree that the FAA's provisions, not state law, govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or 4GCommunity.org to arbitrate on a class-wide, representative or consolidated basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND 4GCOMMUNITY.ORG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 4GCommunity.org expressly agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(4) We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. 4GCommunity.org will not pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator's services. These fees will be split equally.
(5) An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the state of Delaware. In addition, this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against 4GCommunity.org on your behalf.
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
You agree to indemnify, defend, and hold 4GCommunity.org and our subsidiaries, affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service or a Device and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services (see "Location-Enabled Services" section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.
Providing Notice To Each Other Under The Agreement
Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us as instructed on your invoice. We will provide you notice through one or more of the following: in your bill, correspondence to your last known billing address, to any e-mail address you've provided us, by calling you on the phone number you've provided us, by voice message or any other phone number you've provided us.
Contacting You Regarding Billing and Collections
You expressly authorize, and specifically consent to allowing 4GCommunity.org and any of 4GCommunity.org's agents to contact you in connection with any and all matters relating to unpaid past due charges you owe 4GCommunity.org. You agree that, for attempts to collect unpaid past due charges, 4GCommunity.org and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to 4GCommunity.org. You agree and acknowledge that any e-mail address or any other electronic address that you provide to 4GCommunity.org is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, prerecorded or artificial voice messages delivered by an automatic telephone dialing system, preset e-mail messages delivered by an automatic e-mailing system, or any other preset electronic messages delivered by any other automatic electronic messaging system.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of Delaware. If either of us waives or doesn't enforce a requirement under this Agreement in an instance, we don't waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn't for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can't assign the Agreement or any of your rights or duties under it, unless we agree to the assignment. We can assign the Agreement without notice. You cannot in any manner resell the Services to another party. You can't rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Agreement that — by their nature — would logically continue beyond the termination of Services (for example, those relating to billing, payment, dispute resolution, no class action, no jury trial) survive termination of Services in perpetuity.
4GCOMMUNITY.ORG WIRELESS INTERNET SERVICE PLAN
IMPORTANT INTRODUCTORY NOTE TO MEMBER:
FOR THIS SPECIAL PLAN WE ARE MERELY A RESELLER OF INTERNET SERVICE PROVIDED BY A THIRD-PARTY PROVIDER (THE “PROVIDER”), WHICH IS CURRENTLY SPRINT SPECTRUM, L.P. OR AN AFFILIATE THEREOF BUT IS SUBJECT TO CHANGE AT ANY TIME. WE DO NOT CONTROL THE SERVICE. CARRIER PRACTICES WITH RESPECT TO THE SERVICE ARE CONTROLLED BY THE PROVIDER, INCLUDING PRACTICES WITH RESPECT TO DATA CAPS AND ALLOWANCES; PRIVACY POLICIES; NETWORK CONGESTION MANAGEMENT PRACTICES; THE BLOCKING OR RATE-CONTROLLING OF SPECIFIC PROTOCOLS; THE INHIBITION OR FAVORING OF SPECIFIC APPLICATIONS; NETWORK SECURITY PROTECTIONS; AND THE ATTRIBUTES AND CHARACTERISTICS OF THE SERVICE. CARRIERS LIKE THE PROVIDER ARE REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION (“FCC”) TO PROVIDE THE FOLLOWING TYPES OF DISCLOSURES TO THEIR CUSTOMERS.
UNDER EACH CATEGORY OF DISCLOSURE SHOWN BELOW, WE INFORM YOU OF OUR INVOLVEMENT (IF ANY) IN THE ACTS OR PRACTICES CONTAINED IN THAT CATEGORY AND WE DIRECT YOU TO CERTAIN PROVIDER DISCLOSURES ON ITS WEBSITE FOR ITS DISCLOSURES WITH RESPECT TO SUCH CATEGORIES. WE OFFER NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE PROVIDER’S DISCLOSURES REFERRED TO BELOW. WE DO NOT CONTROL THOSE DISCLOSURES AND HAVE NO OR VERY LIMITED ACCESS TO THE DATA OR ACTIVITIES UNDERLYING THOSE PRACTICES.
1. We are providing you (“you” or “Member”) an Internet access service (“Service”). We are not providing you with any applications (such as Internet telephone or cable TV) that might be provided with INTERNET service by other vendors. We are not involved in the creation or the provisioning of the Service. Instead, we resell the Service provided to us indirectly by the Provider.
2. The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time in the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of 4GCommunity.org, or our partners' control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. We and our partners assume no liability with regard to any failure or lack of performance of the Service.
3. Use of the Service is subject to the Provider’s then-current (i) acceptable use policy (the “Provider AUP”), a copy of which is, as of the date of this disclosure, available at http://www.sprint.com/legal/agreement.html?INTNAV=CMS:LGL:Acceptable_Use_Policy#acceptable) and incorporated herein by reference; and (ii) end user terms and conditions (the “Provider T&C”), a copy of which is, as of the date of this disclosure, available at http://www.sprint.com/termsandconditions and incorporated herein by reference. The Provider reserves the right to change its AUP or T&C at any time.
4. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY US OR ANY PARTNER AND ARE SUBJECT TO CHANGE. WE AND ANY PARTNER MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.
The prices for the Service are subject to change. The prices do not include applicable taxes and surcharges, which may be added to the prices for service. There may be one-time or recurring additional fees, including early termination fees. As explained below, the Service may be subject to data caps or allowances imposed by the Provider.
We do not own, operate, maintain or control the Service and do not have network management practices that entail the inspection of network traffic. As a reseller of the Service, we do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Provider, Sprint, discusses these matters generally in its “Open Internet Information” available online athttps://sprint.com/legal/open_internet_information.html (as may be amended, the “Sprint Disclosures”), which refers to Sprint’s generally-applicable privacy policies that may be viewed online at www.sprint.com/privacy.
If you have a complaint about the Service, please contact us to resolve the complaint. This service agreement will govern dispute resolution generally.
We do not own, operate, maintain, or control the Service, and do not engage in network congestion management practices. The Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Provider’s disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices’ effects on end users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.
We do not own, operate, maintain, or control the Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Provider may engage in one or more of those activities. You should review the Provider’s disclosures for application-specific practices by the Provider that may affect your use of the Service.
Device Attachment Rules:
The Equipment needed to operate the Service must be purchased and activated through 4GCommunity.org. 4GCommunity.org, and/or its partners, will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any).
We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Provider, may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Provider’s open internet disclosures for additional information.