Terms and conditions of Service
As May 18, 2017
ABOUT YOUR AGREEMENT
Thank you for choosing The People's Operator USA, LLC ("TPO"). We look forward to serving you and we hope that you will take us up on our offer to give 10% of Your Charges to a charity of your choice, as described below in the section on Charitable Donations.
These Terms and Conditions (“Terms") are part of your Agreement with TPO for your wireless service ("Service"). Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
In these Terms, we use the words "we," "us," "our," "Company," "TPO" or "The People's Operator" to refer to The People's Operator USA, LLC. We refer to you as “you" and “your."
Your agreement ("Agreement") with us is made up of these Terms, along with the following documents:
(a) the online application form (“Order Form");
(b) the rates, terms and conditions in the Service Plan you chose;
(c) charges for using the Service that are in excess of the usage requirements in your Service Plan (“Price List");
HOW WE PROVIDE SERVICE
TPO's wireless network services are provided on the Nationwide Sprint® Network (“Network").* Sprint provides wireless service as the underlying network carrier only. TPO is responsible to our subscribers for this service.
This Agreement does not cover any mobile equipment (e.g., smart phones or tablets) used to access our Services. Mobile phones and other devices may be ordered from the online store. Our website includes a link to the online store where you may purchase preprogrammed Sprint-compatible mobile phones and other devices. Your use of the online store is subject to the terms and conditions posted on the store's website.
You will be responsible for the mobile equipment that you use. If you lose your equipment or it if it gets stolen, we will not be responsible for any call or usage charges that are made. You must tell us as soon as your mobile device has been lost or stolen so that we can deactivate or suspend your account and stop further calls from being made.
* Sprint is a trademark of Sprint.
HEARING AID COMPATIBLE DEVICES
We make available a number of hearing aid compatible (“HAC") mobile phones. Information about our hearing aid compatible mobile phone models, including HAC ratings, may be found at http://www.tpophonestore.com/ and then click on the relevant device.
If you need to contact us, you can call us at 1-844-876-8326 or 1844-TPO-TEAM. Our customer services department is open 9:00 am -7:00 pm EST Monday – Friday; and Saturday; and Sunday at 9:00 am – 6:00 pm EST.
WHEN SERVICE STARTS
We can only provide you with the Services if you have:
(a) completed the online Order Form located on our website; and
(b) made the initial payment that is specified in the Service Plan you chose.
This Agreement will start from the date the Order Form is properly completed. The Order Form is completed at the point at which you click “Confirm your order." You represent that you are at least 18 years old and are authorized to enter into this Agreement and order and use our Service.
If you change your mind, you may cancel our Agreement by contacting our customer service department. You may cancel your Service within fourteen (14) days after you submit your Order Form. Although you may cancel with 14 days, if at any time before then you have activated your mobile device and began using our Services, you will incur charges for any usage at the rates set forth in your Service Plan. The equipment return policy is available at our online store.
SIM CARD ORDERS
Standard Free shipping of SIM cards is via USPS First Class Package Service. Delivery will typically take 1-5 business days but could take up to 10 business days in isolated cases to receive your SIM. Expedited delivery is available at a nominal charge and is sent via USPS Priority Mail. Delivery will typically take 1-3 business days. Please note that SIM cards are shipped Monday thru Friday and orders received after 10 AM Eastern Time on Fridays are not sent until Monday. TPO cannot guarantee delivery timelines. SIM card purchases and expedited shipping fees are nonrefundable.
YOUR SERVICE PLAN
You may choose any Service Plan for which you qualify. Services and coverage under some Service Plans may be more limited as compared to other Service Plans. Your Service Plan sets out the Charges for Service and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Service terminates. Your Service Plan may require that you make a deposit, prepayment, a series of deposits and/or be subject to an account spending limit before Service is activated or maintained.
The Service Plan you choose will describe the minutes of voice service, number of texts and the amount of data or internet access that you will be allowed without additional Charges.
You may change to a different Service Plan for which you qualify by contacting TPO Customer Service. Any change is effective at the start of your next full billing cycle unless otherwise specified by us at the time that you place your change request. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full billing cycle, you will be invoiced a prorated amount for the period during the previous billing cycle that the new Service Plan or service feature was effective. If you change your Service Plan, you may not be able to switch back to your prior Service Plan.
PREPAID PLAN RESTRICTIONS
The following restrictions apply to prepaid plans:
- Prepaid customers that use their allotted texts and voice minutes before the end of the billing cycle will not be able to purchase additional minutes or texts on that plan, they must purchase a new plan.
- When data limits are reached, data may be turned off through the remainder of the billing cycle.
- Call forwarding is not available.
- Roaming and international calling is not available for prepaid plans.
CHARGES AND PAYMENT
When you sign up for our Services you will need to make the initial payment that is set out in the Service Plan that you choose. You can make this payment by any MasterCard or Visa credit or debit card.
You are responsible for the cost of all calls made using your mobile equipment, including any calls made by another person or by a computer.
From time to time we may offer promotions. Promotions are limited to one sign up per customer. If we believe that you have previously enjoyed a promotion we may choose to remove the promotion and charge you the standard monthly charge.
You can access your account through our website to see how much you have spent in any month and how much you much usage you have left on you Service Plan for that month. We will not be responsible for refunding or crediting any Charges that are incurred on your mobile equipment, even if your mobile equipment is lost or stolen.
You will be responsible for paying the full charges set out in the Service Plan you choose, whether or not you use the Services, up to the monthly maximum usage limit set out in that price plan each month. You cannot carry forward or roll over any unused minutes, text or data to the next month or any other month. Your billing cycle is 30 days for Prepaid services and a calendar month for Postpaid services.
You can use your TPO device to make calls from the U.S. to international numbers. View rates from the U.S. to international numbers at our web site.
You agree to pay the charges as soon as you receive your bill unless otherwise agreed by us. If you think that the charges on your bill are incorrect and wish to dispute those charges, you must tell us [within 180 days of the bill date]. You must pay any charges that are not disputed. We will not suspend or end a service while we investigate any dispute. If you are late, we may impose a late payment penalty of up to 1.5% of the overdue balance or $5.00, whichever is greater, unless another percentage is required by law, on any amount not paid within fifteen (15) days of the due date.
If you fall behind in your payments, we may ask a debt-collection agency to collect the payment on our behalf. If we do, you may have to pay us an extra amount by way of compensation to us for violating the terms of this agreement. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us). This paragraph applies even if your agreement with us has ended.
By signing up for auto pay, you agree to allow TPO to receive automatic notifications when your credit card information is updated and to update your payment information accordingly.
You can see your bill online by registering with us and logging into your account on our website. We will email all bills and notices to the email address you have given to us. You must tell us about any changes to your email address
If you order applications such as ringtones, games, or wallpapers form a third party you must pay that third party provider directly. We will not such third party providers to place their charges on our bill to you.
Your bill will include federal, state or local fees and taxes, such as telephone excise taxes. You agree to pay 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 Services that we 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. Tax exemptions generally won't be applied retroactively.
You agree to pay all TPO 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 you provide to us 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. Some Surcharges are based on amounts set by the government or based on government formulas. We therefore will not always be able to provide advance notice of new Surcharges or changes in the amount of existing Surcharges.
CALLING OR TEXTING 911.
When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. TPO is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. Unlike a wireline phone, identifying your location when dialing 911 from a mobile phone may not be possible, especially if when you are not calling from your home. A variety of information and methods may be used to determine the location of a 9-1-1 call, including Global Positioning Satellites, the wireless network, the street address you have provided us as your primary use location ("Primary Address") or the location of a known Wi-Fi access point. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and neither we nor our underlying carrier may not determine the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is in process. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available. Text-to-911: Text to 9-1-1 may be available in some locations where our service is provided, and is dependent on the public safety agency's ability to receive text messaging. You may receive a bounce back message telling you that text-to-911 is unavailable. We recommend that you call 9-1-1 as the primary method of contacting public safety officials.
YOUR PHONE NUMBER
We assign or transfer a phone number ("Number") to the device or other equipment used by you on the TPO Network. You do not own the Number. You may not (1) modify the Number we program into any phone or other equipment; (2) transfer or duplicate the Number to any phone or other equipment other than that authorized by us or that is in accordance with the FCC's number porting rules; or (3) transfer the Number to any other individual or entity. Upon area code changes or other circumstances outside our control, the Number may change. New customers can keep their existing mobile phone number, which will be ported from their old provider to TPO.
You may terminate Service at any time by calling our customer care team at 1-844-876-8326 or 1-844-TPO-TEAM and requesting to cancel. Email requests will not be accepted. Your contract will be terminated at the end of the calendar month which you contact us. However, if your cancellation request reaches us within the last 48 hours of the calendar month, your account will terminate at the end of next calendar month.
We may terminate Service at any time, with or without notice (subject to this Agreement). We may deactivate a Number before you receive notice of termination (if we give any notice) to protect from fraud or misuse without incurring liability. Termination by either of us may be with or without cause.
You must pay all charges for Service provided before termination of Service, regardless of who terminates Service. If Service is terminated before the end of your current billing cycle, the monthly recurring charge and bundled minutes are prorated to the date of termination.
We may terminate or suspend Service to you without liability if: (1) you breach any provision of this Agreement (including if you fail to pay any charges for services); (2) you fail to pay any charges due us for equipment or otherwise; (3) or we suspect fraud or misuse. If you promptly cure the breach, we may, but are not obligated to, reactivate Service to you.
DEVICE ACTIVATION FEE
You may be required to pay a non-refundable fee when you activate a new Number, have us switch a Number to a different device, change the Number on your existing device or activate an additional device on your existing account. Details on any applicable fees are set out in your Service Plan or can be obtained by calling TPO Customer Service.
We encourage you to designate 10% of the amount that we bill you, excluding taxes and fees (“Your Charges"), to a charity of your choice. You may nominate one of the charities highlighted on our website to receive 10% of Your Charges or you may nominate another eligible charity of your choice. To facilitate your nomination of a charity, our website includes a function that allows you to search a database of charities that have qualified for tax exempt treatment by the United States Internal Revenue Service. You may nominate a charity when you complete our on-line Order Form for services.
By subscribing to the Service and selecting one of the charities highlighted on our website, TPO will give 10% of Your Charges to the nominated charity to further its charitable purpose(s).
The name and emblem of each charity highlighted on our website are used with such charity's permission, which in no way constitutes an endorsement, express or implied, of TPO.
If you nominate a charity and, for any reason whatsoever in our complete and absolute discretion, it is impossible or impracticable to give effect to such nomination (for example, if the charity does not, or ceases to, exist or refuses to accept the money or cannot give us some simple assurances which we will need from them) you give us permission to distribute the 10% of Your Charges to a charitable cause that we select in our sole discretion.
If you choose to designate 10% of Your Charges to a charity, such amount will be held for the benefit of the designated charity and will not be deemed to be income or otherwise received by us. If you do not nominate any charity at all, then Your Charges will belong to and be retained by us in full.
We calculate the amount owed to each cause quarterly. Any cause that has a balance of >$100 we send a check out to them.
Accessing the Internet and checking email with your device ("Data Services") requires a data-compatible device. Your handset model will determine the type of Data Services available. Customers are required to maintain a Data Services plan. When Internet browsing, you are charged for the amount of data transferred (e.g. KB, MB). Use of Data Services is subject to any memory, storage or other equipment limitation.
Purchase of goods, content and services (including subscription plans) from other companies ("Mobile Content") is at your own risk, and you are responsible for all Mobile Content purchases made with any phone assigned to your account. Mobile Content may not be purchased through TPO, and TPO will not place charges from third parties for Mobile Content on your bill.
TPO is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through Data Services. TPO does not guarantee the accuracy, completeness or usefulness of information obtained through the Data Services.
For all data on plans, data will be disabled after the applicable data usage available through the plan has been exceeded. Data will be reset at the the next billing cycle.
INFINITY Plan terms: Users with usage >50GB/mo will notice reduced speeds to 2G until next bill cycle. 2G speeds allow for browsing basic web pages, reading e-mails, sending instant messages.
Subscribers may not use equipment as a hotspot, to tether to a computer, or in any manner that adversely affects the network or Services. TPO does not service or support tethering.
TEXT MESSAGING (SMS)
Text messaging is not available on all phone models. You are charged for all incoming and outgoing text messages. International text messaging will be billed at international text rates.
As a TPO customer you may receive from us a FREE welcome message and periodic FREE account alert announcements or a welcome message via text message to your device.
Calls made outside of the Network are "roaming" calls. If you are not on a plan that includes domestic roaming, you will incur roaming and/or long distance or toll charges for roaming calls, including calls to another TPO phone. If you are on a plan that includes domestic roaming, roaming calls to another TPO phone will be deducted from your plan minutes, but will not incur domestic roaming charges. International roaming calls will be billed at international roaming rates. Your phone is specifically designed and engineered to work only on the Network, and works on other carriers' networks only when a roaming agreement is in place between the Network and the other providers. Certain features are not available when roaming.
The primary use of Data Services must be for domestic purposes on the Network.
Roaming rates are higher than the rates you pay on the Network. When roaming, you are also subject to the limitation of liability provisions and other applicable rules imposed by the roaming service provider on its own subscribers or on roamers. We make no guarantee that roaming coverage will be available.
If you travel abroad, it is your responsibility to ensure that you are properly set up to be able to use the Services. The Charges for using the Service when you are abroad may vary depending on the network in other countries. You will be responsible for these Charges. We will notify you if you are incurring excessive international roaming charges and reserve the right to block Service if you incur excessive roaming charges.
INTERNATIONAL PLAN TERMS AND CONDITIONS
International Plan Terms and Conditions
All call for the TPO MOBILE GLOBAL PAYGO plans are billed in one minute increments. The TPO MOBILE GLOBAL PAYGO Service expires 180 days after your last use or 30 days after Account suspension. There are no additional fees or surcharges associated with the Services. The Unlimited Global Goodness and Global Extra goodness ILD Service is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. UNLIMITED DOES NOT MEAN UNREASONABLE USE. In addition, certain destinations may be limited to an advertised maximum number of minutes. To minimize unreasonable use, each Unlimited Account will be allowed to call up to 10 unique destination numbers per 30 day Unlimited cycle. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Account is renewed. The Unlimited ILD Service may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, conference calling, monitoring services, data transmissions, transmission or broadcasts, transmission or recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. You may contact Customer Service at (844) TPO-TEAM or visit the Website is You have any questions about the Service, including the international long distance rates or available destinations associated with the Service.
Suspending/Cancelling the Service
If TPO MOBILE and Elite Telecom has reason to believe that you or someone else is abusing the Service fraudulently or unlawfully through your account, or if your form or payment for the service is cancelled, disabled, discontinued or otherwise dishonored, TPO MOBILE and Elite Telecom reserves the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account without advance notice. In the event of suspension or cancellation of the Service due to any of the aforementioned reasons, Elite Telecom may from time to time discontinue offering the Service, or is necessary, cancel all Accounts. TPO MOBILE and Elite Telecom may also discontinue offering the Service immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation or upon Your violation of this Consumer Agreement.
If TPO MOBILE and Elite Telecom, in its sole discretion, deems Your usage, dialing or calling patterns connotes non-personal use, We reserve the right to suspend, terminate or restrict Your Services with no prior notice and to not allow You to reactivate the Service. You remain solely responsible for any ancillary costs incurred by you, including by not limited to, The People's Operator's cell phone or fees and/or penalties incurred by You in the event that You use the ILD Service for any unlawful purpose.
LOST OR STOLEN EQUIPMENT
If your device or other equipment is lost or stolen, you must notify us by calling TPO Customer Service. You are responsible for the monthly recurring charges during the period before you notify us of the loss or theft. We will deactivate Service to any Number associated with the lost or stolen device upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (e.g., a police report or affidavit). If the equipment is later found, we may require that you exchange it for another device or other equipment before we reactivate Service, as well as require you to pay a reactivation fee. Reactivation is at the sole discretion of TPO. We will deactivate Service to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use.
If you do not want people you call to get the number assigned to your phone, you must call TPO Customer Service for information about automatic Caller ID blocking. The number assigned to your device can be blocked on a per-call basis by dialing *67 + Destination Number + TALK. Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your number is dependent on receiving the information from the calling party.
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. TPO offers TTY-compatible mobile phones. To make a call to a TTY user, you may access nationwide "711" by dialing 711 on your TPO phone. You will be connected to a TRS Communications Assistant who will relay your conversation in strictest confidentiality. The Communications Assistant often uses a Text Telephone (TTY/TTD) and has been trained to help conversations flow accurately and with ease.
We will not complete calls from your number to 900, 976 and similar numbers for pay-per-call services.
We value your privacy and take seriously both our regulatory obligations to protect your privacy and our commitment to you as our customer. The privacy policies set out below relate to our privacy policies to you as a customer of our mobile wireless services. We have set forth separately on our Web Site our privacy policies for visitors to this site. These policies may change from time to time, so review them with regularity and care.
Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls you make to us or we make to you (for example, your conversations with our customer service or sales departments). When you call us, we may ask you to provide your password before we can divulge any private or confidential information
Authentication and Contact: You (the account holder) may password protect your account information by establishing a personal identification number ("PIN"). You agree to protect your PIN, passwords, and other account access credentials from loss or disclosure. You further agree that TPO may, in our sole discretion, treat any person who provides your password 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.
CPNI: As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill ("CPNI"). Under federal law, you have the right and we have a duty to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us. Your telephone number, name and address are not considered CPNI.
Government Requests for Customer Records: We will refuse to comply with unlawful government requests for customer records or call content, and will only divulge our customers' private records pursuant to an emergency request or under court order or subpoena.
The Community Site: When you register on our website, we will install a cookie on your device that will enable us to use your name, email address and password to automatically create a log in profile for the Community site (see the link labelled “community) once you have accepted the community site's terms and conditions.
Information on Devices: Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). TPO 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.
Location-Enabled Services: Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 911 services and optional location-enabled services provided by us or a third party. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device's location information and use of location-enabled services.
How We Will Contact You: We may use third parties to provide billing and customer support services. We may need to share your personal information with these third parties in order to properly and efficiently serve you. Otherwise TPO does not sell or, with the exception of charities, release your e-mail address personal information to third parties. TPO may use your e-mail address and/or on-line registration information to offer you special promotions and/or communicate with you in the future. TPO may communicate with you via text and/or e-mail to inform you about new service features and changes to our site. You agree to allow us to communicate to you on your mobile device to provide such information.
General Terms and Conditions
If we require a deposit for you to establish or keep Service, we will hold the deposit as partial guarantee of payment for Service. We may change the deposit amount at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to pay any invoice (unless it is used to pay toward a final invoice) or delay payment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined by your credit and payment history. The rate of interest on the deposit is subject to change. If Service is terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding charges and return any excess to you at your last known address within 75 days after termination of Service. If the U.S. Postal Service cannot deliver the money to you and returns it to us, we will hold it for you for one year from the date of return, and we may charge a monthly servicing fee against the deposit balance. Any money that is held during this one-year period will not accrue interest for your benefit. You forfeit any portion of the money left after the one-year period.
You must have and keep satisfactory credit to receive and continue to receive Service. We will verify your credit before agreeing to provide Service to you and we may verify your credit at any time while we provide Service to you. Credit verification will include a review of credit reports that we receive from commercially available credit bureaus. We may require a deposit (see Deposits). If at any time we suspect, in our sole discretion, fraud, we may suspend Service to your device and require that you provide payment on account or a guarantee of payment before we resume Service to your device. We may request that you provide us with any information we reasonably require to determine whether you qualify for Service.
CHANGES TO AGREEMENT
WE MAY CHANGE THIS AGREEMENT AT ANY TIME. WE WILL PROVIDE YOU WITH NOTICE OF MATERIAL CHANGES THAT AFFECT THE RATES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU USE THE SERVICE AFTER THE EFFECTIVE DATE OF THE CHANGES, YOU ACCEPT THE CHANGES. IF YOU DO NOT ACCEPT THE CHANGES, YOU MAY TERMINATE SERVICE (BUT SEE TERMINATION; CHANGING SERVICE PLANS). For purposes of this Agreement, "use" includes keeping the right to access the Network by not terminating Service. You may only modify this Agreement by switching your Service Plan.
USE OF SERVICE AND EQUIPMENT
You must be at least 18 years old to subscribe to our Service. We may require you to provide proof of your age and identity. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By using the Service, you attest to being 18 years old, and agree that you will not use the Service and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Service or equipment to anyone. Service is available within the operating range of the Network. Actual coverage, quality and availability of coverage may vary based on network problems, signal strength, your equipment, terrain, structures, weather and other limitations or conditions beyond our control. We do not guarantee that there will be no interruptions or delays in Service. Without alteration, your device will not accept the services of any mobile provider other than TPO.
INTERRUPTION OF SERVICE
We may give credit for a continuous interruption of Service for more than 24 hours on a case-by-case basis. Credit is at all times limited to prorated monthly recurring charges. Interruptions caused by your negligent or willful actions (including failure to pay charges when due), or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic or topographic conditions and that you redial within one minute of disconnection. You must notify us within 24 hours of the disconnection to request credit.
LIMITATION OF LIABILITY
Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors or defects) does not exceed:
(1) in cases related to a specific piece of equipment, the prorated monthly recurring charge for Service to the piece of equipment during the affected period, or
(2) in cases not related to a specific piece of equipment, the prorated monthly recurring charge for Service to you during the affected period.
We are not liable for any damage arising out of or in connection with:
a. any act or omission of any telecommunications service or other service provider other than TPO;
b. any directory listing;
c. any dropped calls;
d. traffic or other accidents, or any health-related claims allegedly arising from the use of Services, devices, equipment or accessories used in connection with the Services;
e. the use of TPO Data Services, including the accuracy or reliability of any information obtained from the Internet using TPO Data Services, or Internet services, content or applications not supported by TPO;
f. any late or failed message delivery;
g. any interruption or failure of 911 or E911 emergency services or identification of the number, address or name associated with any person accessing or attempting to access emergency services from your device;
h. the installation or repair of any products or equipment by parties who are not our authorized employees or agents;
i. any use of your device or other equipment whether or not authorized by you;
j. any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Service, or
k. your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES
TPO WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES FOR ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, DEVICES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICE. CONSEQUENTIAL, INCIDENTAL, AND INDIRECT DAMAGES INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, OR COST OF REPLACEMENT PRODUCTS AND SERVICE, WHETHER OR NOT THE OTHER PARTY WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Service or equipment used in connection with the Service; or (2) any communications you make or receive using the Service. This indemnification extends to and includes any attorneys' fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives termination of this Agreement.
DISCLAIMER OF WARRANTIES
WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY TPO. WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY TPO, THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE SERVICE IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION, INSTEAD OF COURT TRIALS. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. NOTHING IN THESE TERMS AND CONDITIONS PROHIBITS A CUSTOMER FROM FILING A COMPLAINT WITH THE FEDERAL COMMUNICATIONS COMMISSION (FCC).
(1) Arbitration. Any dispute or claim arising out of or relating to this Agreement or to any product or service provided in connection with this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages.
(2) Arbitration Procedures. You must first present any claim or dispute to us by contacting Customer Service to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this Agreement. The WIA Rules and information about arbitration and fees are available upon request from the AAA (call 800/778-7879) or online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Any arbitration will take place in a mutually agreed-upon city in the state where you reside. With the concurrence of the Customer, AAA will provide a list of potential arbitrators to the parties. Each party will be allowed to strike from the list those arbitrators deemed unacceptable by the party. The AAA will choose an arbitrator from the remaining names on the list. If the Customer does not agree to this process, the parties will negotiate a process to select the Arbitrator. The Arbitrator will issue a written decision, which will include findings of fact and conclusions of law. The Arbitrator's decision is subject to review in a court of law and may be presented to the FCC or state PUC for its consideration by either of the parties. An arbitrator may not award relief in excess of or contrary to what this Agreement provides or award punitive damages or any other damages for negligence aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. The Arbitrator(s) may award the prevailing party's costs of arbitration to the prevailing party. The results and contents of any arbitration shall not be confidential unless both parties agree to make them confidential. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
(3) Costs of Arbitration. All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims above $1000 and having only one arbitrator, the Customer can choose to have TPO pay 80% of the administrative fees and costs. Notwithstanding the previous sentences, if the Customer desires that a court reporter record the arbitration, that cost shall be borne equally by both parties. If the Customer desires that three arbitrators preside, rather than just one, the cost of the three arbitrators will be shared equally by the parties. Each party bears the expense of its own preparation and presentation of evidence at the arbitration hearing. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
(4) Waiver of Certain Punitive Damage Claims. By this Agreement, both you and we are waiving certain rights to initially litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages. This waiver applies to this Agreement as amended or modified. This section survives termination of this Agreement.
(5) Waiver of Jury Trial; Jurisdiction. IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DO NOT APPLY, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. INSTEAD, A JUDGE WILL DECIDE ANY DISPUTE. YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK.
You may get our current address for written notice by calling TPO Customer Service. Written notice to you is sent to your last known address in our billing records or the email of record for your account. Written notice is deemed delivered three (3) days after deposit in the U.S. mail, postage prepaid and properly addressed or, if by email, by the sent date/time stamp. Unless required by this Agreement or Applicable Laws, (1) you may notify us by calling TPO Customer Service, and (2) we may notify you by leaving a message for you on your mobile phone, answering machine or with your answering service. Addresses for notice purposes may be changed by giving notice as provided in this section.
CHOICE OF LAW
This Agreement is governed by and construed under the laws of the state of New York without regard to choice of law principles.
If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. You may not assign this Agreement to any other person or entity. This Agreement makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. This Agreement is subject to any applicable federal and state law (collectively, "Applicable Laws"). If there is a conflict, Applicable Laws control over the Service Plan and the Terms, and the Service Plan controls over the Terms. Changes to Applicable Laws are effective as provided in the Applicable Laws.
ACCEPTANCE OF TERMS
THESE TOU REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PURPOSE OF THE WEB SITE
- TPO currently provides the Web Site for the purposes of a) providing an online service to facilitate the purchase of mobile wireless services; b) distributing information about TPO's products and services; c) providing an online method whereby individuals may use or place orders for such products and services; d) providing an online method whereby customers may manage their TPO accounts; and (e) enabling customers to designate 10% of their bills, excluding taxes and fees, to charitable organizations of their choice as more fully set out in the Terms and Conditions.
We are constantly seeking to improve and enhance the Web Site and, unless explicitly stated otherwise, any new features that augment or enhance the current Web Site shall be subject to the TOU. You understand and agree that the Web Site is provided "AS-IS." Except as specifically required by law, TPO assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
In order to use the Web Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that to sign up for certain TPO services, including but not limited to mobile wireless services, you must be at least 18 years of age and must meet any stated sign-up criteria.
TPO reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site (or any parts thereof) with or without notice. You agree that TPO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site.
When you visit the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from TPO electronically. You agree that all agreements, notices, disclosures and other communications that TPO provides to you electronically satisfy any legal requirement that such communication be in writing.
On selected TPO Web Sites, you may receive a password and account designation upon completing the Web Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TPO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TPO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
USE OF WEB SITE
In consideration of your use of the Web Site, you agree to use the Web Site only as intended by TPO, and to refrain from any misuse of sites, services, and/or systems made available by TPO. Misuse of the Web Site includes but is not limited to any action described in a-k below, or that compromises TPO's Sites, services, systems and/or any information contained therein. Misuse of the Web Site will be prosecuted to the fullest extent of the law and will result in the indefinite suspension of your access to your account and our Web Site. Use of the Web Site for any illegal or unauthorized purpose is strictly prohibited and we reserve the right to cancel orders or Web Site access due to suspected fraudulent activity in our sole discretion.
You agree to not use the Web Site to:
upload, post, email or otherwise transmit any content, including but not limited to e-mail communication, information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content"), that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a TPO employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including but not limited to e-mail commentary, transmitted through the Web Site;
upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
access, collect or store personal data about other users; or
engage in any conduct that in TPO's sole discretion restricts or inhibits any other user from using or enjoying the Web Site.
You acknowledge that TPO and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Web Site. Without limiting the foregoing, TPO and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content linked to by TPO or submitted to TPO.
You acknowledge and agree that TPO may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TPO, its users and the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand and acknowledge that you are solely responsible for all access to and use of the Web Site by anyone using your password and identification whether or not such access is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through access or use of the Web Site.
You agree to indemnify and hold TPO, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of the TOU, or your violation of any rights of another.
The Web Site is provided for the use and enjoyment of visitors and registrants to TPO's Web Sites. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web Site, use of the Web Site, or access to the Web Site.
You agree that TPO, in its sole discretion, may terminate your access to, password or use of the Web Site, if TPO believes that you have violated or acted inconsistently with the letter or spirit of the TOU. TPO may also in its sole discretion and at any time discontinue providing the Web Site, or any parts thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of this TOU may be affected without prior notice. Further, you agree that TPO shall not be liable to you or any third party for any termination of your access to the Web Site.
- Please read this Arbitration Agreement carefully. It is part of your contract with TPO and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the TPO that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the TPO, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice") describing the nature and basis of the claim or dispute, and the requested relief. You may get our current address for written notice by calling TPO Customer Service. After the Notice is received, you and the TPO may attempt to resolve the claim or dispute informally. If you and the TPO do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA"), an established alternative dispute resolution provider (“ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the TPO made to you prior to the initiation of arbitration, the TPO will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or the TPO pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the TPO, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the TPO.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the TPO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE TPO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TPO.
- Small Claims Court. Notwithstanding the foregoing, either you or the TPO may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the State of New York for such purpose.
DEALINGS WITH THIRD PARTY LINKS AND SITES
- This Web Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of TPO. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
TPO'S PROPRIETARY RIGHTS
All proprietary rights in the Web Site and any necessary software used in connection with the Web Site ("Software") are owned or licensed for use by TPO. The Web Site is owned and operated by TPO and except as otherwise specified, TPO owns all materials appearing on the Web Site, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. The Web Site may contain and display the marks and designs of various third party organizations, such as charities, that TPO does not own. All such third party marks and designs are owned by the respective third party and licensed to TPO for its use on the Web Site. You acknowledge and agree that the Web Site and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in other sites or information presented to you through the Web Site or is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TPO or such third parties, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Web Site or the Software, in whole or in part.
TPO grants you a limited, personal, non-transferable and non-exclusive right and license to use the Web Site and Software for your personal use only; provided that you do not (and do not allow any third party to) copy, modify, display, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web Site. You agree not to access the Web Site by any means other than through the interface that is provided by TPO for use in accessing the Web Site.
TPO grants you permission to copy electronically and to print in hard copy portions of the Content for (1) personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices, (2) using this Web Site as a personal shopping resource, (3) communicating with TPO about a TPO product or service, (4) placing an order with TPO or (5) nominating a charity to receive a donation. Any other use of materials on this Site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited with TPO's prior written permission.
Except as expressly permitted above, the Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of TPO. You may not use any meta tags or any other “hidden text" utilizing TPO's name or trademarks without the express written consent of TPO. Any unauthorized use terminates the permission or license granted to TPO.
GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TPO MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TPO OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TPO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE. THE MAXIMUM AMOUNT OF DAMAGES RECOVERABLE UNDER ANY CLAIM SHALL BE TEN DOLLAR ($10.00).
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
TPO and other TPO logos and product and service names are trademarks of TPO (the "Marks"). Without TPO's prior permission, you agree not to display or use in any manner, the Marks.
TPO respects the intellectual property of others, and we ask our users to do the same.
The TOU, along with terms and conditions provided to registrants and customers of TPO's Web Site and services constitute the entire agreement between you and TPO and govern your use of the Web Site, superseding any prior agreements between you and TPO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Effective July 20, 2015.
Our Commitment To Privacy
The Information We Collect
There are a variety of ways in which The People's Operator USA, LLC (“TPO") collects information about site visitors:
For new and existing TPO subscribers (18 years of age or older) who wish to create an online account to manage their wireless service, TPO may collect and store personally identifiable information such as first and last name, address, email address, date of birth, gender, social security number, demographics, activities, any personal preferences saved through the site. This information is used to identify the subscriber and allow them to manage their account securely. TPO will encrypt your password. The user, however, is responsible for maintaining confidentiality of their account login information. Unauthorized access resulting from a user's neglect to protect their information is the sole responsibility of the user.
The Way We Use Information
We use non-identifying and aggregate information to better design our website and improve navigation of the website and content.
We will use your personal information for a variety of purposes, including but not limited to: (i) providing you with access to the site; (ii) process your orders; (iii) protect our rights and property and those of our third party providers and other site visitors; (iv) respond to legal processes and orders; (v) inform you of new products, services and special available through the site; (vi) monitor, evaluate or improve our products, site, system and networks; and (vii) customize or personalize your experience with our site. We never use or share the personally identifiable information provided to us on this site in ways unrelated to providing information regarding the service at your request.
We may use third parties to provide billing and customer support services. We may need to share your personal information with these third parties in order to properly and efficiently serve you. Otherwise TPO does not sell or release your personal information to third parties, with exception that we may provide your name and email address to charities. TPO may use your e-mail address and/or on-line registration information to offer you special promos and/or communicate with you in the future..
We are also subject to the specific privacy restrictions applicable to telecommunications carriers, such as protecting Customer Proprietary Network Information. These restrictions are explained in our Terms and Conditions available on this website.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment to Children's Privacy
We do not intentionally gather personal information from users who are under the age of 13. If we become aware that any child under 13 submits personal information to TPO, we will attempt to delete the information from our files. If you believe that we might have any personal information from a child under 13, please contact us at: firstname.lastname@example.org
Third Party Websites
Credit Card Information
TPO does our best to ensure transmission of your credit card information is secure on our systems. To protect the security of your credit card information, we use SSL software, which encrypts provided and transmitted information. TPO takes important steps to ensure that all information entered while on our site is treated in a secure manner. TPO takes important steps to ensure that your information is treated securely, however no data transmission submitted over the Internet can be securely guaranteed 100%. It is our goal to protect your persona information, however TPO cannot warrant or ensure the security of all information transmitted to us and you do so at your own risk.
Users Outside of the United States
We will not release any information about our visitors unless required by law to do so.
How to Contact Us
Should you have other questions or concerns about these privacy policies, please call us at: 1-844-TPO-TEAM between the hours of 9am-7pm EST Monday-Friday, 9am-6pm EST Saturday, and 9am-6pm EST Sunday.