1. Total Call Mobile. In this document, “we,” “us,” and “our” refer to Total Call Mobile, Inc.; “you,” “your,” “customer,” and “user” refer to an account holder or user of our Service; “Device” or “Devices” means any phone, device, accessory, or other product that we provide you, sell you, or that is active on your account; and “Service” or “Services” means our offers, rates, or service plans. For any questions, please call Customer Service at 1-800-550-5265.
2. General This Agreement is the contract under which we provide and you accept all our Services or Devices, including but not limited to your prepaid and/or postpaid wireless Services. This Agreement hereby incorporates by reference the terms associated with the Service you select and all additional or updated terms at totalcallmobile.com. YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO, OR IN ANY WAY USE, THE SERVICES, (B) PAY FOR ANY SERVICES, OR (C) ACCEPT THE SERVICES THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT. BY USING THE SERVICES, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY TERMS IN THIS AGREEMENT, DO NOT USE THE SERVICES.
3. Using Our Services. You agree not to use our Services in any unlawful, fraudulent, or abusive manner. You may not resell or lease our Services to anyone without our prior written approval. We may, without notice, limit, suspend, or end your Service as follows: for postpaid Service, if you (a) pay late more than once in any 12 month period, (b) incur charges larger than a required deposit or billing limit (even if we have not yet billed the charges), (c) provide unverifiable credit information, or (d) become insolvent or go bankrupt; or, for prepaid Service, if you (a) fail to maintain a positive account balance; and, in general, if you (a) breach this Agreement, (b) make a misrepresentation to us, (c) “spam” or abusively message or call, (d) modify your Device from its manufacturer's specifications, (e) use the Services in a way that adversely affects our network or other customers, (f) allow anyone to tamper with your Device, or (g) harass our employees or agents. We may terminate your Services at any time by providing you prior notice. We may also temporarily limit your access to the Services for any operational or governmental reason. We are not responsible for any opinions, advice, statements, applications, or other information provided by third parties and obtained through our Services, including the Internet. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider.
4. Activating Prepaid Service. Prepaid Service is active at the time of your purchase of a prepaid Device. You must maintain a positive account balance on your Total Call Mobile phone in order to keep your account active. Depending on the type of plan you choose to activate on your phone, terms and conditions may vary. For plan details, consult the applicable plan or refill card terms or visit totalcallmobile.com.
5. Activating Postpaid Service. For postpaid Service, you must maintain satisfactory credit according to our standards and policies. Before we activate your account, you authorize us to obtain information about your credit history from credit-reporting agencies, whether you ultimately procure Service from us or not. You understand that a credit check could adversely affect your credit rating. You authorize us to report your payment record to credit-reporting agencies. We may withdraw, change, or place limits on the use of our Services at any time. We may also charge a nonrefundable activation fee, deposit, prepayment, or other fee to establish and/or maintain Service. Depending on the type of plan you choose to activate on your phone, terms and conditions may vary. For plan details, consult the applicable plan terms or visit totalcallmobile.com.
6. Lost or Stolen Equipment. Upon your acceptance of your Device, all risk of loss, damage, theft, or destruction of your Device is borne by you. Call Customer Service immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss. Once you notify us, we will suspend your Service. Even if your Device is lost or stolen, you must fulfill the remainder of your term or the early termination fee may apply. We will not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. You agree to cooperate with us in investigating suspected unlawful or fraudulent use.
7. Coverage. Coverage is not available everywhere. Our coverage maps approximate our anticipated wireless coverage area and are available at totalcallmobile.com. The map includes coverage on the network as well as coverage we make available to you through agreements with other carriers ("off network" or “roaming”). There are gaps in our coverage that, along with circumstances beyond our control (e.g. network capacity, interference from buildings and other structures, terrain and weather), may impact availability and quality of our Services.
8. Roaming. Roaming is not available with prepaid Services. Roaming coverage is only available with certain Devices on the postpaid plan and will result in additional charges. Roaming charges will vary based on the caller’s location when the call is initiated. Your Device will generally indicate when you are roaming. Depending on your phone settings, you may automatically roam if there is a gap or interruption in coverage within the network coverage area. We may terminate or suspend your Service if your minutes of use while roaming are excessive or abnormally high. When roaming, international calling and certain features and services (including voicemail, call waiting, call forwarding, etc.) may not be available. For current roaming charges, call customer service or visit totalcallmobile.com.
9. International Roaming. International roaming is not available with prepaid Services. International roaming is available with postpaid plans only upon activation through customer service and only on compatible international-capable Devices. For current international roaming charges and available carriers/coverage, call customer service or visit totalcallmobile.com.
10. Changes to Postpaid Services. For postpaid Service, changes will generally be effective at the start of your next full billing cycle. If the changes take place sooner, your bill will reflect pro-rated charges for your old and new Services. Certain changes may be conditioned upon payment of an early termination fee or other charges.
11. Refunds and Returns. Prepaid Service account balances are not refundable, transferable, or redeemable for cash or credit. Prepaid Devices are nonrefundable. Postpaid Services and Devices are only refundable as provided in this section. You may cancel your Service without paying an early termination fee if you cancel within 14 days of activation (longer if required by applicable law). You remain responsible to pay for the Service and all charges, fees, and taxes incurred through the date of cancellation. To receive a refund on the purchase price of your Device (less rebates received and shipping costs), you must return it during the applicable return period to the retailer that you purchased it from with the original proof of purchase in undamaged condition, with the original packaging, and all original accessories. If you purchased from Total Call Mobile directly, please contact Customer Service to pre-process your return and cancellation. Return policies may vary depending upon the retailer that sold you the Device and may differ from our policies.
12. Your Device and Number. You must use a certified Total Call Mobile Device in order to receive our Services. We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer. The only warranties on your Device are any limited warranties extended by the manufacturer directly to you or passed on to you through the vendor you purchased the phone from. You agree that you will not use Total Call Mobile phones with any non-Total Call Mobile service or on any other network. Except for any legal right you may have to port/transfer your phone number to another carrier, you do not have any rights in any personal identification number or identifier we assign you. We will notify you if we decide to change or reassign them. If your prepaid account is de-activated, your phone number may be re-assigned. Your wireless phone number and name may show up when you call someone. If you do not want people you call to receive the number assigned to your phone, call Customer Service about Caller ID blocking.
13. Transferring/Porting Your Number. You must have an active Total Call Mobile account to transfer, or “port,” your phone number. For postpaid Service, you may be able to port your current wireless phone number to another service provider. Call Customer Service if you wish to port your phone number from another service provider to Total Call Mobile. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we will treat it as notice from you to terminate our Service for that number upon successful completion of porting. If you port your number away from us, the terms of this Agreement still apply. You will not be able to transfer any unused balance on your account to your new service. After the porting is completed, you will not be able to use our Services for that number. We may charge a fee to reimburse the costs incurred in performing a port. We do not guarantee that number transfers to, or from, us will be successful.
14. Charges. You agree to pay, or have your prepaid account debited for, all usage and other charges associated with your Device, even if you were not the user of, and did not authorize, its use. Charges include, without limitation, monthly recurring access charges, charges based on actual usage (e.g., charges for calls, charges for international calls, roaming, call forwarding, call waiting, directory assistance (411), toll-free and operator-assisted calls, etc.), and all applicable taxes and regulatory fees. When calling outside the U.S., additional charges will apply. Advertised international rates may not apply to calls made to foreign mobile phones or to off network/special locations and in some instances may be higher. Restrictions on certain countries may apply. All rates and fees are subject to change without notice. For current charges and fees, call Customer Service or visit totalcallmobile.com.
15. Taxes/Fees and Regulatory Cost Recovery Fee. You agree to pay all taxes, fees, and surcharges imposed by the government and by Total Call Mobile. You agree that we may charge or deduct from your account balance all federal, state and local taxes, fees, and other assessments that we are required by law to collect and remit to the government on the Service we provide you. Total Call Mobile also charges administrative fees and a regulatory cost recovery fee, as set by Total Call Mobile, that we collect to pay for our costs of providing the Services to you and complying with government programs such as number pooling, number portability, and Enhanced 911 service. The administrative fees and regulatory cost recovery fee are not taxes or regulatory fees. For details regarding the administrative fees and the regulatory cost recovery fee, call Customer Service or visit totalcallmobile.com.
16. Minutes and Messaging. Airtime and other measured voice usage charges are calculated from when your Device first initiates contact with a network until the network connection is broken, whether or not the connection was successful (e.g. busy or no answer calls). For billing purposes, call times are measured in whole minutes and rounded up to the nearest minute. All phone usage (including inbound/outbound calls, voicemail deposits/retrievals, inbound/outbound messaging, international calls, and directory assistance), incurs charges. On a call that crosses time periods with different pricing, minutes are charged based on the call start time. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. Indicators of messages on your device, including mailbox icons, may not always provide an up-to-date indication of new messages and you may need to manually reset or clear your mailbox indicator. Legitimate messages may be inadvertently interrupted by software aimed at prevention of unsolicited messages. For current charges, call Customer Service or visit totalcallmobile.com.
17. Text and Picture Messaging. Text messages are limited to 160 characters per message. Text and picture messages can be sent and received to domestic and international destinations. Premium text messaging is only available on postpaid accounts. Premium text messages will be charged at their stated rates. All messages, including text and picture messages are charged when sent or received, regardless of whether they are read or unsolicited. Total Call Mobile is not responsible for any of the data activity sent or received to your Device, regardless of who initiates the activity. For messages delivered to your Device in multiple parts, you will be charged for each part of the message received. When a single message is delivered from your Device to multiple recipients, you will be charged for one message per each recipient. Total Call Mobile reserves the right to limit picture message size at any time. In order to protect our network and Services, Total Call Mobile may issue separate charges, limit the amount of data transfer, or otherwise limit or terminate Services. Memory limitations on your Device may prevent some data or content from being stored. Total Call Mobile is not responsible for the failure to store data or content nor the deletion of such data or content. Picture and video messaging is only available on handsets programmed for data.
18. Data Services Restrictions. Total Call Mobile’s Services may not be used to transmit content or messages that are illegal, fraudulent, abusive, or obscene; or that would adversely affect our customers, reputation, property, network, or Services. You are prohibited from using our Services for unsolicited commercial activity or unsolicited advertising. Total Call Mobile has the sole discretion to limit, suspend, modify, or terminate accounts without notice to anyone using our Services in any prohibited manner.
19. Data Charges. Depending on your Services, you may have access to data usage. Data usage is measured in kilobytes, not minutes. Usage rounding occurs at the top of each clock hour while in a session and at the end of each session, and is then charged to you based on the terms of your plan. Depending on your Service, usage may be charged against an allowance or on a fixed price per kilobyte. Usage charges may be rounded up to the next cent at monthly or other intervals. You will be charged for all data directed to the Internet address (“IP address”) assigned to your Device, regardless of who initiates the activity or whether your Device actually receives the data. This includes, but is not limited to, the amount of data associated with the particular information/item (e.g. game, ringer, email, etc.), additional data used in accessing, transporting and routing this information/item on our network, data from partial or interrupted downloads, re-sent data, and data associated with unsuccessful attempts to reach websites or use applications. Based on these and a number of other factors (e.g., the specific application, network performance, etc.) data used and charged to you will vary widely, even for the same activity. Estimates of data usage, for example, the size of downloadable files, will not necessarily be an accurate predictor of actual usage. Your bill will not separately identify the number of kilobytes attributable to your use of specific sites, sessions, or services.
20. Unlimited Plan Abuse. For any Service that includes unlimited features, “unlimited” does not mean unreasonable use. Total Call Mobile’s unlimited voice features are provided solely for dialogue between two individuals and for non-commercial use. Other uses have a disproportionate impact on network resources and are therefore considered unreasonable. Unreasonable voice use includes, but is not limited to, the following: monitoring services, transmission of broadcasts, telemarketing, call center services, autodialed calls, an abnormally high number of conference calling, calls, or messages, and/or calls of abnormally long duration. Total Call Mobile’s unlimited data or messaging features are provided solely for purposes of non-commercial messaging, Internet browsing, e-mail access, and the non-continuous streaming of data (e.g. downloading files). While most common uses are permitted by our data and messaging features, there are certain uses that cause extreme network capacity issues and are therefore prohibited. Our data and messaging services may not be used: (a) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading, or uploading of videos or other files, (b) to operate hosting services, (c) to maintain continuous active network connections to the Internet such as through a web camera or automated machine-to-machine connection or peer-to-peer (P2P) file sharing, (d) to disrupt e-mail use by others using automated or manual routines, including, but not limited to "auto-responders" or cancel bots or other similar routines, (e) to transmit or facilitate any unsolicited or unauthorized advertising, promotional materials, “spam,” unsolicited commercial or bulk e-mail or messaging, (f) for activities adversely affecting the ability of other people or systems to use either Total Call Mobile's wireless services or other parties' Internet-based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user, (g) for an activity that tethers or connects any device to personal computers or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a plan designated for such usage), (h) as a dedicated data connection, (i) for abnormally long data transmissions, or (j) for any other reason that, in our sole discretion, violates our policy of providing “unlimited” Services for non-commercial use.
21. Billing and Payment. For postpaid Service, your bill is our notice to you of your fees, charges, and other important information. It reflects the fees and charges in effect under your plan at the time they are incurred. Monthly recurring and related charges for Services are invoiced one invoicing cycle in advance. Some usage charges, such as those that depend on usage information from a third-party (e.g. roaming), may be billed in subsequent bill cycles and may result in higher than expected charges for that month. If we invoice you for amounts on behalf of a third-party, payments received are first applied to amounts due to us. You must notify us of any change in your address. Payment is due in full as stated on your bill. If you agree to any auto-payment option through banking or credit account, we may initiate payment from the account for all amounts we invoice you without additional authorization or notice. If we do not receive payment in full by the due date on your bill, you may be charged a late fee of the greater of 1.5 % per month (18% annually), or at the highest rate allowed by law and may result in immediate suspension of your account. You may be charged additional fees for certain methods of payment and for payments denied by a financial institution. Acceptance of payments (even if marked “paid in full” by you) does not waive our right to collect all amounts that you owe us.
22. Prepaid Refills. Credits to your prepaid account will be valid for a limited time from purchase, in accordance with the terms of your plan and/or the expiration date provided in conjunction with your purchased refill card. When the credits to your account expire or your account balance falls to zero, your prepaid account will become inactive. If your account balance falls to zero while you are on a call, the call will be disconnected. If your account is inactive, you will not be able to utilize your wireless device for any purpose except to call 911 emergency services and Customer Service. Total Call Mobile refills can only be used with Total Call Mobile phones. Credits cannot be transferred from one account to another. If your account becomes inactive, we will de-activate your account and you may lose your phone number. If you wish to use Services after your account has been de-activated, call Customer Service for reactivation. There may be a charge to reactivate and we cannot ensure that the same phone number will be available.
23. Disputed Charges. For postpaid Service, disputes concerning any charges we assess you must be raised within 30 days of the date of the bill. You accept all charges not disputed during this time period. You must pay any disputed charges until the dispute is resolved. For prepaid Service, disputes concerning debits from your prepaid account must be raised within 14 days of the date of the disputed debit. You accept all debits not disputed in this time period.
24. Postpaid Termination. You may terminate postpaid Services at any time with prior notice to us by calling Customer Service and requesting that we deactivate Services for your account. You are responsible for all charges billed or incurred prior to deactivation. Except as otherwise provided in this Agreement, and depending on your Service, if you terminate your term early, or we do so for good cause, you will be required to pay the applicable early termination fee associated with your Service for each line that is terminated early, if any. This fee applies only to the extent permitted by law. Payment of the early termination fee does not satisfy other outstanding obligations owed to us. All terminations during a monthly billing cycle become effective on the last day of that billing cycle. If your service is terminated and you have a positive balance in your account, you will not be entitled to receive any refund.
25. Privacy and CPNI. Except as provided in this Agreement, we will not intentionally share personal information about you without your permission. We will not publish directories of our customers’ phone numbers. During the course of providing Services to you, however, we may collect certain information that is made available to us solely by virtue of our relationship with you, such as information about the quantity, technical configuration, type, destination, and amount of your use of our Service, which together with related billing information is known as Customer Proprietary Network Information (“CPNI”). We may use and share information about you and your CPNI: (a) so we can provide our goods or Services to you, (b) so others can provide goods or services to us, or to you on our behalf, (c) for purposes of determining compensation for our agents, (d) so we or our affiliates can communicate with you about goods or services related to the ones you already receive from us, (e) to protect our rights or interests, including but not limited to protecting you and other Total Call Mobile users from fraud, abuse, or unlawful use of the Services, or (f) as required by law, legal process, or exigent circumstances. You may “opt out” of disclosure of your CPNI to Total Call Mobile affiliates and third-party agents by contacting Customer Service. Opting out will not affect our provision of Service to you. For training or quality assurance, we may also monitor or record our calls with you (e.g., your conversations with our Customer Service or sales departments).
26. TTY Access. A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY does not work with all Devices. If you have a digital wireless TTY compatible Device, it is possible to make calls, including 911 calls, with a TTY. If you have questions concerning your Device’s TTY compatibility, please contact Customer Service or visit totalcallmobile.com.
27. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES OR WIRELESS DEVICE. SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH SERVICE ISSUES.
28. Limitation of Liability/Indemnification. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY, (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.), (C) ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES, OR RELATED ACCESSORIES, (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING, OR ATTEMPTING TO ACCESS, EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING THROUGH 911, E911 OR OTHERWISE, OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE. YOU ALSO AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (E.G. “ROAMING”), YOU AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES.
29. Mandatory Arbitration of Disputes. YOU AND TOTAL CALL MOBILE AGREE TO SUBMIT ANY AND ALL DISPUTES TO BINDING ARBITRATION UNLESS THE DISPUTE IS UNDER $5,000 IN WHICH CASE IT WILL BE SUBMITTED TO SMALL CLAIMS COURT. DISPUTES SUBJECT TO ARBITRATION INCLUDE ANY CLAIM ARISING OUT OF THIS AGREEMENT WHETHER THE CLAIM AROSE BEFORE THIS AGREEMENT OR ANY PRIOR AGREEMENT WITH US, IS THE SUBJECT OF CURRENT CLASS ACTION LITIGATION TO WHICH YOU ARE NOT A CERTIFIED CLASS MEMBER, OR MAY ARISE AFTER TERMINATION OF THIS AGREEMENT. THIS AGREEMENT DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES. ARBITRATION WILL BE GOVERNED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR BY VISITING WWW.ADR.ORG THE ARBITRATOR MAY AWARD ANY FORM OF INDIVIDUAL RELIEF AND MUST HONOR THE TERMS IN THIS AGREEMENT. ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS, BUT IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION PROCEEDS IN PERSON, BY TELEPHONE, OR BY DOCUMENTS SUBMITTED TO THE ARBITRATOR. YOU FURTHER AGREE THAT WE MAY ATTEND ANY ARBITRATION BY TELEPHONE, VIDEO CONFERENCE, AND/OR DOCUMENT SUBMISSION. CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, THEY WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A CLASS MEMBER IN CLASS ACTION LITIGATION/ARBITRATION. WE WILL NOT SEEK REIMBURSEMENT FOR OUR ATTORNEY’S FEES IN ANY DISPUTE, AND IF THE ARBITRATOR DETERMINES YOUR CLAIM TO BE FRIVOLOUS, YOU AGREE TO PAY FOR THE ENTIRE ARBITRATION COST. IF THE ARBITRATOR OR SMALL CLAIMS COURT AWARDS YOU A DOLLAR AMOUNT, WE WILL DOUBLE THAT AMOUNT UP TO AN ADDITIONAL $1,000, AND WE WILL REIMBURSE YOU FOR REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS. THE FEDERAL ARBITRATION ACT GOVERNS THIS AGREEMENT TO ARBITRATE. IF THE PROHIBITION ON CLASS LITIGATION/ARBITRATION CANNOT BE ENFORCED, THEN THE CLASS ACTION DISPUTE WILL NOT BE SUBJECT TO THIS AGREEMENT TO ARBITRATE. A PARTY WHO INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 60 DAYS IN ADVANCE OF INITIATING ARBITRATION. THE NOTICE MUST DESCRIBE THE NATURE OF THE DISPUTE AND RELIEF SOUGHT AND MUST BE MAILED TO: ATTN: DISPUTE RESOLUTION, TOTAL CALL MOBILE, 1411 W. 190TH ST, SUITE 700, GARDENA, CA 90248, OR EMAILED TO DISPUTERESOLUTION@TOTALCALLMOBILE.COM. IF AFTER 60 DAYS, WE DO NOT RESOLVE THE DISPUTE, EITHER PARTY MAY INITIATE AN ARBITRATION PROCEEDING BY FOLLOWING THE PROCEDURES SET FORTH IN THE FORMS FOR INITIATING ARBITRATION. FORMS FOR GIVING NOTICE OF DISPUTE AND INITIATING ARBITRATION CAN BE OBTAINED AT WWW.TOTALCALLMOBILE.COM/FORMS OR BY CALLING 1-800-550-5265.
30. Changes to this Agreement. All changes to this Agreement or your Service will be posted at totalcallmobile.com. Your Service is subject to our business policies, practices, and procedures. Unless otherwise prohibited by law, we may also change this Agreement, prices, rates, plans, and fees at any time by providing notice prior to the time the changes go into effect. Any changes to this Agreement or your Service are effective 30 days after they are published on our website. If you choose to use your Service, increase your account balance, or make any payment to us on or after the effective date of the changes, you accept the changes. If the changes have a material adverse effect on you, however, you may terminate each line of Service materially affected without incurring an early termination fee only if you call us within 30 days of the changes going into effect. You understand that taxes, fees and other charges imposed by the government may increase or decrease at any time without notice and that such charges do not constitute a change to this Agreement.
31. Miscellaneous. A waiver of, or failure to enforce, any part of this Agreement in one instance is not a waiver of any other part or instance. Section headings are for descriptive, non-interpretive purposes only. You may not transfer or assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement, or your debts to us, without notice. Notices are considered delivered when we send them to any e-mail or fax number you have provided to us, 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement and the Agreement shall otherwise be enforceable. This Agreement and the documents to which it refers form the entire agreement between you and Total Call Mobile on their subjects. If there is a conflict between this Agreement and statements by any sales or service representatives, this Agreement controls. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. This Agreement is not for the benefit of any third party except Total Call Mobile’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Except to the extent that we have agreed otherwise, this Agreement and disputes covered by it are governed by federal law and the laws of the state of California, without regard to choice of law principles or the conflicts of laws rules of that state.
1. Agreement to Terms & Conditions. These Lifeline Program Terms & Conditions and the Total Call Mobile (“TCM”) Standard Terms & Conditions at www.totalcallmobile.com, which are incorporated herein by reference, apply to the TCM Lifeline Program. With regard to the TCM Lifeline Program, if these Terms & Conditions conflict with the Standard Terms & Conditions, these Terms & Conditions shall control. In interpreting these Terms & Conditions, TCM Lifeline plans shall be treated as prepaid Services. By using your TCM Lifeline Program plan or phone, you accept these Terms & Conditions.
2. Plan Options. The TCM Lifeline Program plans available in your state can be found at www.totalcallmobile.com/lifeline. You understand and agree that TCM may change the TCM Lifeline Program plans (including any rates and fees) at anytime by updating plan information on its website. If you change your choice of plans, your changes will not be effective until the subsequent month.
3. Government Subsidized. The TCM Lifeline Program is supported by subsidies from state and federal governments including the Federal Universal Service Fund program. You acknowledge and agree that TCM may immediately modify or terminate the TCM Lifeline Program in the event that there are any changes to the applicable governmental programs and subsidies.
4. Program Availability. The TCM Lifeline Program is only available in areas where TCM has been authorized by the applicable state and/or federal agency. To enroll in the TCM Lifeline Program, your principal residence address must be within an authorized area.
5. Customer Eligibility. To be eligible for the TCM Lifeline Program, you must meet the applicable eligibility standards in effect at the time of application (i.e. based upon your household income or your enrollment in a qualifying social welfare program), and the TCM Lifeline Program account must be in your name. You are responsible for notifying TCM if you no longer meet the applicable eligibility standards for the TCM Lifeline Program within five (5) days of becoming aware of such ineligibility. In the event TCM determines that you are no longer eligible for the TCM Lifeline Program, TCM will notify you that your service will be discontinued thirty (30) days after you are provided notice unless you contact TCM within that timeframe to notify TCM that it is in error. You will then have thirty (30) additional days to submit evidence that you still meet the applicable TCM Lifeline Program requirements. If you advise TCM that you no longer qualify for the TCM Lifeline Program, TCM will deactivate your TCM Lifeline Program service.
6. Enrollment Form. To receive a phone and service under the TCM Lifeline Program, you must complete the applicable Enrollment Form and self-certify your eligibility in writing under penalty of perjury. If you seek to qualify for the TCM Lifeline Program under the income eligibility standards, you are required to provide written documentation of your household income. You may also be required, from time to time, to provide TCM written documentation of your household income and/or participation in a qualifying federal or state program. You acknowledge and agree that TCM shall retain all such customer certifications and documentation in order to furnish proof of customer eligibility as may be required by applicable law. Further, by completing an Enrollment Form, you consent to the release of your customer information (including financial information) to governing state and federal agencies. This consent survives any termination of your TCM Lifeline Program enrollment.
7. Acceptance of Customer Enrollment. Your submission of an Enrollment Form does not constitute automatic enrollment in the TCM Lifeline Program. TCM has the right, in its sole discretion, to reject any Enrollment Form and/or to review your eligibility status at any time. If you are no longer eligible for the TCM Lifeline Program, TCM may terminate your account and/or change your rate plan to the most favorable rate plan for which you are eligible without prior notice to you. If you misrepresent your eligibility for the TCM Lifeline Program, you agree to pay us the additional amount you would have been charged under the most favorable rate plan for which you are eligible. Further, you acknowledge and agree that TCM Lifeline Program enrollment and acceptance may be limited by TCM’s inventory of TCM Lifeline Program phones.
8. Mobile Phone for the TCM Lifeline Program. If TCM accepts your enrollment, you will receive a free TCM Lifeline Program phone that is selected by TCM. Contact TCM customer service to purchase an upgraded phone. If you lose or damage your TCM Lifeline Program phone, contact TCM customer service for replacement phone options and pricing. TCM Lifeline phones are provided “as is” and without warranty.
9. Maximum of One Lifeline Account per Household. You may only receive one Lifeline supported telephone line, be it wireline or wireless, per household. If you or any member of your household receives a Lifeline supported telephone line from any other telephone company at the time of your enrollment, you are obligated to notify your current service provider that you are now on the TCM Lifeline Program. Failure to comply with this requirement is a material breach of these Terms & Conditions and may result in your immediate de-enrollment from the TCM Lifeline Program.
10. Annual Verification Requirement. To remain eligible for the TCM Lifeline Program, you must complete an annual written verification within sixty (60) days of every anniversary of your initial enrollment in the TCM Lifeline Program or you will be de-enrolled.
11. Change of Address. If you move, you agree to notify TCM within 30 days.
12. Non-transferrable. Your TCM Lifeline Program phone and service are non-transferrable. You agree not to give away, resell, or offer to resell them.
13. Blocked Services. TCM reserves the right to block calls and services that are not subsidized by the applicable government programs and/or that are not prepaid for by you. Unauthorized manipulation, modification, adjustment, or repair made to your phone to allow the making of blocked calls shall constitute a violation of these Terms & Conditions.
14. Rollover. Unless required by applicable law, unused minutes will not be rolled over to subsequent months. Contact TCM customer service for details.
15. Termination for Non-Usage. In the event that you do not use your TCM Lifeline Program phone for sixty (60) days, TCM will de-enroll you from the TCM Lifeline Program.
16. Termination for Breach. In the event that you breach these Terms & Conditions, TCM reserves the right to immediately de-enroll you from the TCM Lifeline Program.
17. Discontinuation of the TCM Lifeline Program. TCM reserves the right to discontinue its Lifeline Program at anytime upon prior notice to you.
18. Returns. You may cancel your TCM Lifeline Program enrollment by returning your phone and calling customer service to de-enroll within fifteen (15) days of receiving your TCM Lifeline Program phone. Upon de-enrolling, you will not receive any refund.
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