Terms and Conditions

General. THIS AGREEMENT (“AGREEMENT”) COVERS THE TERMS AND CONDITIONS OF YOUR PURCHASE AND USE OF THE PRODUCTS AND SERVICES PROVIDED TO YOU BY LIBERTY WIRELESS (“LIBERTY”). BY PURCHASING, ACTIVATING OR USING OUR PRODUCTS OR SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS.

LIBERTY RESERVES THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT PRIOR NOTICE. ANY CHANGES TO THIS AGREEMENT SHALL BE EFFECTIVE WHEN POSTED. TO GET THE MOST RECENT VERSION OF THE TERMS AND CONDITIONS OF SERVICE, PLEASE ACCESS OUR WEB SITE AT WWW.LIBERTYWIRELESS.COM.


Manner of Use. You agree not to use Liberty products and services in any illegal, fraudulent or abusive manner as determined by Liberty in its sole discretion. Services are provided at our discretion and we may change or cancel services at any time for any reason, including for improper use of our products or services or for any violation of this Agreement.

You agree to solely use the service for general consumer usage. You will not use the service for telephone-related commercial usage, such as call centers, chat lines, or resale. You understand that the service is not intended to be used continuously, without breaks, to create the functional equivalent of a dedicated line. Liberty reserves the right to charge additional fees or cancel service to customers that, in the sole judgment of Liberty, generate abnormally high call volumes or abnormally long average call lengths in comparison to those of other customers and accounts. Liberty may suspend or terminate your service, without any liability to you and without notice to you, if you breach any portion of this Agreement or we reasonably suspect you are using Liberty service in an improper manner as determined by Liberty in its sole discretion. Customers may not change rate plans until their current balance is zero or their current prepaid card has expired.

Services Provided by Liberty. You can use your Liberty branded phone only on the Liberty Wireless Network. (Liberty wireless network services are provided on the Sprint Nationwide PCS Network. See below.) To use your Liberty phone on the Liberty Wireless Network, you must activate it and maintain an account balance of at least $0.25 in your account. You understand and agree that, absent prior written consent of Liberty: (i) you may not use your Liberty phone with any other service or on any other network; (ii) your Liberty phone may not be “unlocked” or “re-flashed” for use on any other service or network and (iii) you may not otherwise alter or remove any of its hardware or software. The Liberty service is for personal use only. Your Liberty phone may not be purchased by, or resold to, third parties for activation on any other service or network; nor may it be exported or sold for export outside the United States.

Under Liberty’s arrangement with Sprint, Liberty customers have access to service anywhere on the Sprint Nationwide PCS Network, reaching more than 250 million people.* Please see geographic coverage maps for details. All coverage maps are representations of areas where you may use service and within these areas there are locations with limited or no coverage. Calls may be dropped or blocked from time to time. Actual coverage and quality of service may vary due to circumstances beyond our control, including network limitations, signal strength, interference from buildings and other structures and atmospheric conditions.

Charges and Minimum Account Balance. Your account will be debited when you use the Liberty service to make or receive a phone call, to send a text message, to download ringtones, images, games or other content, and for daily network access charges where applicable.

You must maintain a balance in your account of at least $0.25 to make or receive calls or to send text messages. If your account balance is less than $0.25, you will not be able to make or receive calls or send text messages even during the nights and weekends period. You may check your account balance by dialing #MAS (#627). If your account balance falls to zero while you are on a call, the call will be disconnected.

Time Zone. The area code of your Liberty phone number determines the applicable time zone for the airtime charges for all Liberty rate plans.

Other Charges. Calls to directory assistance (411) will be charged $1.75 per call, plus the applicable per minute airtime rate. Call waiting will be charged as two separate calls. Calls to voicemail will be charged at the applicable per minute airtime rate.

Charges for making and receiving calls apply only to completed calls and are based on the number of minutes a call remains connected. Call times begin when the talk/begin call button is pressed and end when the end call button is pressed or when a call is disconnected. For billing purposes, call times are measured in whole minutes and rounded up to the next minute. All plans, fees and rates are subject to change without prior notice.

Taxes and Surcharges. Additional taxes and regulatory fees may apply to per minute charges, daily access fees and other services. State and local tax rates and regulatory fees vary. Taxes and regulatory fees are assessed on telecommunications services and revenues by state and local governments, and federal agencies. These taxes and fees include sales, gross receipts, universal service, use and excise taxes. The applicable taxes and regulatory fees will be billed and collected by Liberty by debiting your account when you use Liberty refills. To refill your account, purchase a Liberty refill card from an authorized retailer. Liberty refills can be used only with Liberty phones. Once your account has been credited, Liberty does not accept returns or provide refunds. Credits cannot be transferred from one account to another.

You will not be permitted to add more than $100 per day to your account nor add to your account when the balance is $250 or more.

From the day you add money to your account, your account is active. You must refill your account within the period of time listed in the chart above, your account balance will not carry over past your original expiration date. If you do not add money within the applicable period of time, your account will become inactive and you will lose any balance left in your account. If your account is inactive, you will not be able to make or receive calls, send text messages or receive premium services. You will be able to call 911 emergency services even when your account is inactive.

If your account becomes inactive, you may add money to your account and begin using your phone again. If you have not added money to your account by the 150th day from the date you last added money to your account, Liberty will de-activate your account and you will lose your phone number. If you wish to use Liberty service at that point, call Liberty customer care at 1-866-558-1048 and we will activate your account again. There may be a charge for reactivation.

Phone Number, Number Portability. You do not own your phone number. It may be changed or reassigned. If your account is de-activated, your phone number may be assigned to a different customer.

Disputed Charges. If you believe your account has been improperly debited, you must contact us within 14 days of the disputed charge. You may call 1-866-558-1048. We will review your claim to determine if any error has been made, and credit your account accordingly.

If you wish to switch your phone number from another company to a Liberty phone, please contact 1-866-558-1048.

Lost or Stolen Phone. If your phone is lost or stolen, please notify us immediately and we will suspend your account. You are responsible for usage of your phone until your account is suspended. Once you acquire a new Liberty phone, any unused credits from your old account will be placed in a new account.

Spam. We do not permit users to send unsolicited bulk email or text messages, known as Spam. Liberty will terminate your service if we determine that you have used your phone to send spam.

Returns. Return policies may vary depending upon the retailer that sold you the Liberty phone. Returns must be accompanied by the original receipt plus all equipment and materials. Any balance remaining on your account at the time of return will not be refunded.

Privacy. Liberty will respect your privacy in a manner consistent with federal privacy laws. We may use your subscriber information to market other products or services to you that may be related to Liberty services. You will have the option to receive information from us about promotions, products and services provided by Liberty or Liberty partners. If you prefer that Liberty not use or disclose subscriber information to offer you promotions, products and services provided by Liberty or Liberty partners, you may direct us not to make such disclosures by calling customer care.

Disclaimer of Warranties. LIBERTY DOES NOT MANUFACTURE PHONES OR OTHER EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY DEFECTS IN THE PHONE OR ANY ACTS OR OMISSIONS BY THE MANUFACTURER. A LIMITED WARRANTY FROM THE MANUFACTURER MAY APPLY. CHECK THE MATERIALS ACCOMPANYING THE PHONE FOR DETAILS.

Regardless of any manufacturer’s warranty, Liberty makes no representations of warranties, express or implied; including (to the extent allowed by law) any implied warranty of merchantability or fitness for a particular purpose concerning your services or phone. There may be occasional problems with the service, including dropped calls and limitations in coverage. You agree to hold us harmless for any problems you experience with our service.

Limitation of Liability. Liberty is not liable for any damages arising from or in connection with the provision of, or failure to provide, any product or service. We are not liable for any damages arising from or in connection with any acts or omissions made by the underlying carrier or service provider or any other company involved in the provision of Liberty products or services.

In no event shall Liberty be liable for any indirect, incidental, punitive, special or consequential damages, or damages for loss of profits, revenue, or use incurred by customer or any third party, whether in an action in contract, or tort, or otherwise arising from or in connection with the provision of or failure to provide any product or service.

YOU AGREE TO defend, INDEMNIFY and hold US harmless FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF LIBERTY PRODUCTS OR SERVICES.

Mandatory Arbitration of Disputes. IN THE EVENT OF A DISPUTE, INSTEAD OF SUING IN COURT YOU AND Liberty AGREE TO SUBMIT ANY CLAIM FOR FINAL, BINDING ARBITRATION BEFORE 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 VISITING ITS WEB SITE AT WWW.ADR.ORG. YOU AND WE ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, WE WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN CLASS ACTION LITIGATION (TO THE MAXIMUM EXTENT SUCH WAIVER IS PERMITTED BY APPLICABLE LAW). NOTWITHSTANDING THE FOREGOING, THIS PROVISION DOES NOT PREVENT YOU OR Liberty FROM BRINGING A CLAIM IN A SMALL CLAIMS COURT, BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR A STATE PUBLIC UTILITIES COMMISSION.

Miscellaneous. You may notify us by calling us at 1-866-558-1048, or you may call that number to get our current address for written notice. Notice is effective when we receive it. We may send you notice to your last known address in our records, or by leaving you a voice or text message on your Liberty phone.

This Agreement is governed by and must be construed under federal law and the laws of the State of Delaware, without regard to choice of law principles. If any part of this Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement makes up the entire agreement between you and Liberty and replaces all prior written or spoken agreements.