General. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and Liberty Wireless. By purchasing, activating or using our products or services, you agree to these terms and conditions. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. Liberty Wireless reserves the right to change or modify any of these Terms and Conditions of Service. If the change materially disadvantages you, Liberty Wireless will provide you with 15 days advanced notice by postcard, telephone or text message. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the Liberty Wireless website found at www.Libertywireless.com.
The Liberty Wireless service is for personal use only. You may not use our service in a manner that interferes with another Liberty Wireless customer's use of our service. We have determined that our ability to provide good service may be impaired when customers place abnormally high numbers of calls, send or receive unusually high numbers of messages, or repeatedly place calls of unusually long duration, relative to typical usage by other Liberty Wireless customers on similar service plans. Such atypical usage suggests that a mobile phone is being used other than for personal use in violation of these Terms of Service. Unlimited voice services are provided solely for live dialogue between two individuals. Liberty Wireless phones and mobile phone numbers may not be used for pager or voicemail-only service, and Liberty Wireless may terminate any account if usage is limited to pager service or voicemail retrieval service.
Liberty Wireless' service is only available in geographic areas covered by the digital service network footprint of the Nationwide Sprint & T-Mobile Network. Please see geographic coverage maps for details. Actual coverage and quality of service may vary from the maps due to circumstances beyond our control, including network limitations, signal strength, interference from buildings and other structures and atmospheric conditions. Further, actual coverage may change without notice. Local phone numbers may not be available in certain markets.
Wireless services use radio transmissions and are therefore affected by limitations. Coverage is not available everywhere. Quality of service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions, or by your damaging your mobile phone. We do not warrant or guarantee that service will be available at any specific time or geographic location, or that service will be provided without interruption. Any statements or maps provided by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage areas when using our service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within our estimated coverage areas that, along with other factors both within and beyond our control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on your mobile phone for emergency calls, such as to 911
Calls to directory assistance are free.
If your account is deactivated for any reason, Liberty Wireless will assess you a termination charge equal to the balance in your account, which is not refundable even if you reactivate your account.
Calls are billed in one-minute increments with a minimum time per call of one minute. Call times are rounded up to the nearest whole minute. Airtime usage is measured from the time the network begins to process the call (before the phone rings or the call is answered) through the network's termination of the call (after you hang up). Therefore, call time data displayed on your mobile phone may be inaccurate and may not be relied upon for billing purposes.
Calls are limited to two hours: if you are on a call for longer than two hours, the call will automatically terminate.
If you believe your account has been improperly debited, you must contact us within 60 days after the charge appears on your account. If you do not notify us within this 60-day period, you waive any right to dispute the charge, including in arbitration or a court proceeding. We will review your claim to determine if any error has been made, and credit your account accordingly.
You can send and receive text messages of up to 162 characters, including the address.
If you intentionally send spam from your Liberty Wireless phone, we may terminate your service without further notice.
Your account history for at least the previous 60 days will be available online at www.Libertywireless.com unless you switch service options, in which case your account history for your new service option will be available online for a period of up to 60 days following the date of your switch.
You agree not to use Liberty Wireless products and services in any illegal, fraudulent or abusive manner as determined by Liberty Wireless 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 illegal use of our products or services or for any violation of this Agreement. Liberty Wireless phones may not be purchased in bulk or sold to third parties.
If you are in an area where your Liberty Wireless phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Liberty Wireless phone in an emergency situation.
All sales of Top-Up cards purchased directly from Liberty are final and non-refundable. Liberty Wireless is not responsible for, nor do we refund, lost, stolen, misused, or damaged Top-Up cards. Cards purchased from retail locations are subject to the return policies of the applicable retail location.
If your mobile phone is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your mobile phone by visiting our website www.Libertywireless.com or by calling Liberty Wireless at 1-877-304-9183. Upon receiving notice that your mobile phone is lost or stolen, Liberty Wireless will give you the opportunity to purchase a new phone and your number and minutes will be transferred to the new phone. Liberty will not provide you with a refund for the stolen minutes.
The mobile phone number we provide for your use is and will remain the property of Liberty Wireless. We may give the mobile phone number to another customer without telling you if you cancel your service with Liberty Wireless in order to use another mobile service (unless you transfer the mobile phone number to another telecommunications provider in accordance with applicable regulations), or if your account expires and is deactivated. We may also change your mobile phone number at any time, although we will notify you prior to any change. You can request to change your mobile phone number up to three times each year.
Depending on where you live, you may transfer an existing wireless or wireline carrier telephone number to your Liberty Wireless service for use as your mobile phone number. To switch an existing phone number to Liberty Wireless, contact Liberty Wireless at 1-877-304-9183. Before you call, please have a bill from your existing wireless or wireline carrier available. When you switch from another wireless carrier to Liberty Wireless, you may have to pay a termination penalty to your former carrier if you terminate your contract early. Liberty Wireless will not reimburse you for any termination fees imposed by other carriers.
You will not be able to switch your area code without receiving a new local number from Liberty Wireless as well. For example, if you move from San Francisco to New York City, and your San Francisco number was 415-123-4567, you may keep 415-123-4567 as your number, but you may not switch your number to 212-123-4567. Although you may keep your old number and old area code, you should be aware that your New York friends may pay long distance charges when they call your San Francisco number from the New York area.
A new Liberty Wireless handset is covered by the handset manufacturer's warranty. Reconditioned Liberty Wireless handsets and accompanying accessories have a 30-day warranty provide by Liberty Wireless against defects in materials and workmanship under normal use by the purchaser.
To obtain warranty service from Liberty Wireless, please contact customer service at 1-877-304-9183. If your problem cannot be resolved over the phone, customer service will tell you how to return your phone and accessories.
This limited warranty does not cover damage or failure caused by abuse or misuse, including but not limited to damage caused by liquids and physical abuse, of the phone or Liberty Wireless accessories. Liberty Wireless does not provide refunds. All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law.
Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
YOU AGREE THAT Liberty WIRELESS SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS BROUGHT AGAINST Liberty WIRELESS, WHETHER BASED IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY), THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE Liberty WIRELESS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON Liberty WIRELESS'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.
NOTHING IN THIS AGREEMENT LIMITS Liberty WIRELESS'S LIABILITY, IF ANY, FOR Liberty WIRELESS'S WILLFUL OR INTENTIONAL MISCONDUCT. IF Liberty WIRELESS'S NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, Liberty WIRELESS WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF Liberty WIRELESS'S NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, Liberty WIRELESS WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF Liberty WIRELESS'S CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF Liberty WIRELESS'S WILLFUL OR INTENTIONAL MISCONDUCT, Liberty WIRELESS WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND Liberty WIRELESS WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR Liberty WIRELESS WAS TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED.
Liberty WIRELESS WILL NOT BE LIABLE FOR ANY DAMAGES IF SERVICES ARE INTERRUPTED, OR FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF THE SERVICES OR ANY EQUIPMENT OR FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE OR EQUIPMENT PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. THIS SECTION 23 CONTINUES TO APPLY AFTER THE AGREEMENT ENDS.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION.
A) Arbitration, Generally
The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16, except to the extent that the terms of this Agreement differ from the FAA, the terms of this Agreement control. Both you and Liberty Wireless have the right to take any dispute that qualifies to small claims court rather than arbitration. All other claims, controversies, or disputes between the parties will be resolved by arbitration regardless of the date of accrual of such claim, controversy or dispute. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court.
B) Number of Arbitrators
The arbitration will be conducted by one arbitrator.
C) Arbitration Costs and Fees
The arbitrator shall award to the prevailing party, as determined by the arbitrator, all costs and fees. The term "costs and fees" as used herein shall mean all amounts payable by the prevailing party on account of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs (if they are incurred to enforce the arbitration provisions of this Agreement or any award thereunder), witness fees, and attorneys' fees.
D) Applicable Arbitration Rules
The arbitration of any dispute involving $10,000 or less shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. The AAA's Commercial Arbitration Rules and fee schedules will apply to any disputes in excess of $10,000.
E) Arbitrator is Bound by Agreement
In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
F) Joining of Disputes
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS.
G) Severability of Dispute Resolution
If any portion of this Dispute Resolution section is determined to be unenforceable, then the remainder shall be given full force and effect.
H) Contact Liberty Wireless
Before you take a dispute to arbitration or small claims court, you must first contact our Customer Care Department representative at the number 1-877-304-9183, or write to us at the following address and give us an opportunity to resolve the dispute:
PO Box 10707
Gaithersburg, MD 20898
Any written correspondence must describe your dispute and provide Liberty Wireless with any supporting documentation.
I) Contact AAA
If the dispute cannot be satisfactorily resolved within sixty days from the date you or Liberty Wireless is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas Texas 75240-6620 and request arbitration of the dispute. Information regarding how to initiate arbitration, about the arbitration process and the AAA's Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org.
J) Written Submissions
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using AAA's telephonic procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence.
Any arbitration shall remain confidential. Neither you nor Liberty Wireless may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
A) Entire Agreement
This Agreement and the terms of any calling plan, promotion, and/or authorized written communications you have received constitute the entire Agreement between you and Liberty Wireless, and supersedes any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.
In its sole discretion, Liberty Wireless may assign this Agreement.
C) No Waiver of Rights
No failure to enforce any right or remedy under this Agreement shall be considered a waiver of any other condition or provision or the same condition or provision at another time.
If any part or provision of this Agreement is finally determined to be invalid or unenforceable under applicable law, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.
E) Governing Law
This Agreement is governed by and construed by the Federal Communications Act to the full extent applicable, and otherwise by the laws of Maryland, without regard to its choice of law principles, except that the arbitration provisions in the Dispute Resolution section shall be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside, or where you use or pays for the Services.
Any liability or obligation of a party to the other party under the Services section and the Payment Provisions section, will, in each case, survive cancellation or termination of this Agreement.
G) Headings of No Force or Effect
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.