Terms and Conditions.

 

These Terms and Conditions are an agreement between you and Pure Talk (the “Agreement”). This Agreement governs all the Services and Devices provided to you by Pure Talk, but additional terms and conditions may apply to Devices or the content and applications you can access using the Services. The complete Agreement between you and Pure Talk consists of (1) these Terms and Conditions, including the Acceptable Use Policy and the binding arbitration clause; (2) any terms of service associated with your selected Service Plan; and (3) any other policies or documents incorporated herein or therein by reference.

You acknowledge and accept that this Agreement begins when you: (a) initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature. This Agreement continues until we or you terminate your Services. We may deny requests for Services for any lawful reason.

PLEASE READ THESE Terms and Conditions carefully and make sure you understand each provision as they contain important information about your legal rights and the Services we provide to you. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements.

Contents

1. Definitions

2. Using the Services

2.1. Account Access

2.2. Service Plans

2.3. Calculation of Voice Usage

2.4. Calculation of Text and Multimedia Message Usage

2.5. Calculation of Data Usage

2.6. Caller ID

2.7. Phone Number Porting

2.8. Coverage

2.9. Roaming

2.10. Service Availability and Quality

2.11. Device Location Information

2.12. 911 and Other Emergency Services

2.13. Third-Party Content and Applications

2.14. Third-Party Purchases

3. Devices

3.1. Device Options

3.2. Device Functionality

3.3. Loss, Theft, Damage, or Destruction

4. Charges and Payments

4.1. Charges, Fees, and Taxes

4.2. Invoicing and Payment

4.3. Returned Payment, Late Payment, and Non-Payment

4.4. Creditworthiness

4.5. Promotional Credits

5. Privacy and Data Security

5.1. Privacy

5.2. Customer Proprietary Network Information

5.3. Confidentiality

5.4. Information Security

6. Acceptable Use Policy

7. Term and Termination, Suspension, Modification, and Limitation of Your ServiceS

7.1. Term of Agreement

7.2. Termination in General

7.3. Termination, Suspension, Modification, or Limitation of Services for Cause

7.4. Methods for Termination, Suspension, Modification, or Limitation of Services

8. Disclaimers, Limitations, and Indemnification

8.1. Warranty Disclaimer

8.2. Limitation of Liabilities

8.3. Indemnification

9. Dispute Resolution

9.1. Disputes

9.2. Dispute Resolution by Mandatory, Bilateral, and Binding Arbitration

9.3. Choice of Law, Jurisdiction, and Court Proceedings

10. Miscellaneous

10.1. Independent Contractor

10.2. Consent to Receive Communications

10.3. Modifications to the Agreement

10.4. Assignment

10.5. Notices

10.6. Investigation and Enforcement of Violations

10.7. Waiver

10.8. Survivability

10.9. Severability

10.10. Headings

10.11. Language

10.12. Integration

11. Customer Service Contact Information

1.      Definitions

“Affiliate” means any entity that controls, is controlled by, or is under common control with Pure Talk.

“Customer,” “you,” or “your” means an account holder of our Services or Devices and the account holder’s authorized representative.

“Device” means any phone, smartphone, accessory, or other device provided or sold to you by Pure Talk or that you activate or use with our Services.

“Party” or “Parties” means, individually or collectively, Pure Talk or Customer.

“Service” or “Services” means, individually or collectively, voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided to you by Pure Talk.

“Pure Talk” or “we,” “us” or “our” means Pure Talk Holdings, Inc. d/b/a Pure Talk.

“Underlying carrier” means the wireless provider whose facilities we use to provide you the Services.

“User” means any individual that uses the Devices or Services associated with your account, including employees or contractors.

2. Using the Services

2.1. Account Access

You will be able to access information about your customer account online using a username and password you establish when you first access your online account (i.e., login information) or by contacting Customer Service and providing account validation information. If you authorize another person to access your account or provide such person with your login or validation information, that person will be permitted to make changes to your account. You authorize us to provide information about and make changes to your account, including changing your Service Plan and features, upon the direction of any person able to access your account or provide validation information. Those changes will be binding on you and Pure Talk takes no responsibility for those changes. To protect the security of your account, your account password should be unique and complex. We recommend that you change your password at regular intervals. You should not provide your account login or validation information to third parties and such information should be stored safely to prevent third-party access. If you believe your account login or validation information was disclosed to or accessed by an unauthorized person, we advise you to change the information immediately.

2.2. Service Plans

New customers must select a Service Plan upon enrollment. Service Plans last for recurring monthly terms and automatically renew at the end of the term on the same day that the Service is initiated. Customers can modify their Service Plan or cancel their Services at any time using their online account or by contacting Customer Service, but modifications or cancelations must be made prior to the start of a new term to avoid auto-renewal for the next term. Service Plans describe the rates, terms, and talk, text, and data allotments for the Service Plan. Unused allotments expire at midnight Eastern Time on the last day of your monthly service term and will not carry over to the next monthly term unless specifically provided for by the Service Plan. If users use the full amount of talk, text, or data allotments prior to the end of a term, the Service associated with that allotment will be suspended for the remainder of the month, except calls to emergency services by dialing 911 and Pure Talk Customer Service by dialing 611. Suspensions may occur while users are engaged in calls, text communications, or data usage, in which case Pure Talk is not responsible for any costs, losses, or damages caused by such interruptions, including to reestablish communications. Talk, text, and data allotments have no cash value, are non-refundable, cannot be transferred to another Pure Talk account or customer, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your service, you will forfeit and are not entitled to a full or partial refund for any unused minutes, messages, or data.

2.3. Calculation of Voice Usage

All incoming and outgoing voice calls, regardless of whether the call is roaming or on the network of our underlying carrier, use talk minute allotments, except 911 emergency calls and 611 Customer Service calls. Call time is measured in full-­minute increments, meaning that partial minutes of use are rounded up to the next full­-minute increment at the end of each call. All outgoing calls for which we receive a signal that the call was answered or which have at least thirty (30) seconds of call time incur a minimum usage of one (1) minute. Outgoing calls begin the moment a user initiates a call and incoming calls begin the moment the signal connection from the caller is established with our facilities. Calls end after a user or the other party terminates the call, but not until the signal of the call disconnect is received and confirmed by our facilities. Call time includes simultaneous calls (incoming call waiting calls and 3-ways calls) and calls to toll-free numbers. For simultaneous calls, talk minutes will be deducted for each call. Call time may include ring time, incomplete calls, unanswered calls, busy signal calls, voicemail deposit and retrieval time, and time to process call switching, transfers, and disconnections. Calls that begin during one service term and end in another service term are generally deducted from talk allotments from the starting service term, but may be deducted from either service term. No credits or refunds are given for dropped calls.

2.4. Calculation of Text and Multimedia Message Usage

Each Short Message Service (“SMS” or “text”) and Multimedia Messaging Service (“MMS” or “multimedia”) message that is sent or received uses text message allotments, whether read or unread, viewed or unviewed, or solicited or unsolicited. There is no guarantee that messages will be received, and Pure Talk is not responsible for lost or misdirected messages.

2.5. Calculation of Data Usage

All data usage is calculated in full-kilobyte increments and actual usage is rounded up to the next full-kilobyte increment at the end of each data session. All data usage that occurs through your Devices (except for data usage that is initiated when your Devices are connected to Wi-Fi) will be deducted from your data allotment, including all active and passive usage, regardless of who initiates the usage and whether or not the data transmissions are successful. Data usage may occur whenever your Devices are connected to the network of our underlying carrier and transmitting data, including, but not limited to: (a) sending, receiving, or downloading any type of content, including emails, emails, documents, files, pictures, MMS messages, and any other content, (b) accessing websites, (c) downloading and using applications, (d) streaming content, or (e) requesting software updates. Data usage may also occur from network overhead, including (i) for access, transport, and routing of data on the network of our underlying carrier, (ii) from partial or interrupted downloads and resend requests caused by network errors or when you cancel or attempt to cancel a transmission, and (iii) from unsuccessful attempts to reach websites or use applications. A data transmission that is initiated when your Devices are connected to the network of on our underlying carrier will continue to use your data allotment until the transmission has concluded, even when a Device is connected to a Wi-Fi network during the transmission. Some applications, content, programs, and software that users download or that come pre-installed on Devices regularly send and receive data transmissions when Devices are powered on to function properly, without users affirmatively initiating transmissions and without user’s knowledge. For example, applications that provide real-time information, location-based services, or synchronization with cloud services frequently or continually send and receive updated information so that it is available to users when they want to access it. In addition, any advertisements or advertiser-related messages or data delivered to your Devices, even if delivered to an application, and any messages or content that are initiated in response to an advertisement, use data. Data transmissions may also occur when Devices are powered “on” outside of Pure Talk’s coverage area, causing unexpected data usage. Based on a number of factors (e.g., the specific application, network performance, etc.) data usage will vary widely, even for the same activity. Estimates of data usage (e.g., the size of downloadable files) will not necessarily be an accurate predictor of actual usage. To prevent unintended data usage, users should disable cellular data or power off Devices when they are not in use.

2.6. Caller ID

Your caller identification information (such as your name and phone number) may be displayed on the devices or bill of any person or entity users call. For most calls, your identification information can be blocked on a call-by-call basis by dialing *67 before the telephone area code and telephone number when you make a call. In addition, you may elect to have your name and Number permanently blocked by contacting Customer Service. Technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information.

2.7. Phone Number Porting

You do not have and cannot gain any proprietary ownership or other rights in any phone numbers assigned to your account. Notwithstanding that, you may transfer (“port”) your phone numbers to or from another carrier. You must have an active Pure Talk account to port your phone numbers to or from Pure Talk and your account must be active for a minimum of five (5) days before requests to port your numbers from Pure Talk to another service provider are fulfilled. We do not guarantee that numbers ported to or from another carrier will be successful. If you authorize another carrier to port your numbers from Pure Talk, we will consider that a request by you to terminate all of your Services with us that are associated with those numbers and the termination will occur on the date the numbers are ported. You will not be able to transfer any unused talk, text, or data allotments on your Pure Talk account to your new provider and you will no longer be able to use our Services with your assigned numbers after porting is completed. Under no circumstance will we refund you for any allotments or account payments if you port out your numbers. If your Services are terminated for any reason and you do not port your numbers to another provider, we may reassign your phone numbers to another customer without notice. To port phone numbers from another carrier to Pure Talk, please contact Customer Service. When you port numbers to Pure Talk from another carrier, you are solely responsible for all charges billed or incurred prior to deactivation of service with your prior carrier and for any applicable early termination fees assessed by your prior carrier; Pure Talk will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain new Devices to use our Services and you may be without Services until the new Devices are configured. Whether you port your numbers to or from another carrier, some Services, such as 911 location services, may not be immediately available. We may charge a fee to cover any costs associated with performing a port.

2.8. Coverage

Coverage maps for our Services can be viewed at www.puretalkusa.com/coverage. These coverage maps are based on the networks of our underlying carrier and its roaming partners. Coverage is not available everywhere and you will not have access to our Services outside the coverage areas of our underlying carrier and its roaming partners. Areas without coverage are shown as gaps on coverage maps. Maps may be updated periodically and without notice to reflect the current operations of our underlying carrier and its roaming partners. Coverage maps are, by their nature, only approximations of actual coverage. Actual coverage at any given time may vary and be affected by factors beyond our control (e.g., interference from buildings and other structures, terrain, and foliage). Coverage may also vary by Service. We do not guarantee the coverage of the networks of our underlying carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points; users should dial 911 from the nearest landline phone.

2.9. Roaming

“Roaming” occurs when a customer of one wireless service provider uses the network of another wireless provider based on agreements between the two providers. Roaming agreements may change from time to time and roaming coverage is subject to change. Roaming most often occurs when users make and receive calls outside of the coverage area of our underlying carrier, but it may also occur within our underlying carrier’s coverage areas. The ability of users to receive roaming coverage may depend on the capabilities of your Devices. Devices will generally indicate when a user is roaming. While roaming, users will typically be able to use all the Services under your Service Plan with no additional charge; however, data Services and certain calling features (e.g., voicemail, caller ID, and call waiting) may not be available or function the same way in all roaming areas, and limits on the amount of minutes used while roaming may apply. Pure Talk makes no guaranty about where roaming coverage will be available.

2.10. Service Availability and Quality

In addition to factors that affect coverage, Services may be interrupted, delayed, unavailable, or otherwise subject to reduced quality for a variety of reasons, including, but not limited to, weather and atmospheric conditions, network capacity limitations and congestion, service outages or issues on the networks of our underlying carrier or interconnecting carriers, your proximity to wireless towers, the characteristics of your Devices and compatibility issues, and priority access by national security and emergency management personnel in the event of a disaster or emergency. Once identified, Pure Talk takes reasonable steps to attempt to remedy interruptions, delays, unavailability, and other reductions in quality that are within our control. Interruptions, delays, unavailability, or reductions in quality may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs or similar activities necessary or proper for network operation or improvement imposed by Pure Talk, our underlying carrier, or interconnecting carries. Pure Talk will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule our maintenance during non-peak hours. Any of the foregoing factors may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. You acknowledge that the Services are provided through the nationwide wireless network of an underlying carrier of our choosing and may be subject to the service availability and quality of that carrier. We do not guarantee the availability or quality of the Services at any given time or geographic area, we are not liable for any interruptions, delays, unavailability, or other reductions in quality, including any resulting harms, and you are not guaranteed compensation or reimbursement for interruptions, delays, unavailability, or other reductions in quality of the Services. Notwithstanding the foregoing, if your Services are interrupted for 24 or more continuous hours by a cause within our control, we may, upon request and in our sole discretion, issue you a credit equal to a prorated adjustment of any recurring charge for the time period during which your Service were interrupted, not to exceed the charges collected for the period of interruption. For additional information about performance and other factors that may affect the availability and quality of our data Service, please review our Broadband Transparency Disclosure, available at https://www.puretalkusa.com/openinternet.

 

2.11. Device Location Information

Your Devices may be location enabled, which means the location of the Devices can be determined using Global Positioning Satellite (“GPS”), wireless network location information, or other location technology. Device location information may be used by us, our underlying carrier, or third party services for business and commercial purposes. Additionally, your location information may be used by 911 and other emergency services, as described in Section 2.12. Location information may be unavailable if a Device is unable to acquire satellite signals or network coverage, which would prevent users, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, including your geographic location and environmental factors (e.g., interference due to weather, topography, or buildings and structures). You may be able to configure the settings on your Devices or in third party services to restrict or disable the sharing of your location information. It is your responsibility to notify users that your Devices may be location enabled.

2.12. 911 and Other Emergency Services

Device location information may be used to assist emergency services in finding users, but users should always be prepared to provide both location information and phone number when contacting 911 or other emergency services. Unlike traditional landline phones, wireless devices may not always be able to provide 911 dispatchers with exact location or other information when users make an emergency call. Even when location information is transmitted from Devices to a dispatcher, the information may not be accurate. Additionally, if users attempt to make an emergency call from a Device in an area where there is no wireless coverage, the call may not go through, in which case, users should try calling again from the nearest landline phone. Pure Talk does not guarantee that location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate. Nor does Pure Talk guarantee that users will be able to contact emergency services anywhere, including in areas where there is limited or no coverage.

2.13. Third-Party Content and Applications

Devices may be used to access and disseminate content, information, applications, and other goods and services from third parties (collectively, “Content and Applications”) through the Services. Some Content and Applications may: (i) harm Devices or their software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors. Additionally, downloading, installing, or using Content and Applications may result in voluntarily or involuntarily provision of information to third-parties through the Content and Applications. You and your users are solely responsible for evaluating the Content and Applications accessed while using the Devices and Services. By allowing a minor to use the Devices and Services, you and your users are consenting to the minor being able to access or provide information to any Content and Applications available through the Services; we strongly recommend that access to Content and Applications by minors using the Devices and Services be monitored. Pure Talk does not control and is not responsible for the Content and Applications accessed or disseminated using the Devices or Services. We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain Content and Applications. Pure Talk is not a publisher of third-party Content and Applications. Users who access, download, install, or use Content and Applications are subject to the terms and conditions and privacy policies of those Content and Applications. For assistance with third-party Content and Applications, contact the third-party developers or owners directly.

 

2.14. Third-Party Purchases

Devices associated with your Services may be used to purchase Content and Applications or other goods and services, including in-app purchases. You are responsible for all charges resulting from purchases made by users using Devices associated with your Services and are presumed to have provided the consent and representations required for those purchases, including consent for the use and disclosure of your account information to provision the service and bill for the purchase, consent to use location information to deliver information to Devices, and representations of age for the user when a purchase is made. If you cancel or attempt to cancel a download or purchase that is in progress, or if a download or purchase is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the terms and conditions associated with the purchase. Pure Talk will not be liable for any such charges. If you believe your Services were used fraudulently to make purchases, you must notify us immediately and provide us with such documentation and information as we may request (including affidavits and police reports) as evidence of the fraudulent use. Until you notify us, you will remain responsible for all charges. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to provide reasonable cooperation may result in your liability for all fraudulent usage and charges. Pure Talk makes no representations or warranties (express or implied), to the fullest extent permitted by law, including for merchantability or fitness for a particular purpose, of Content and Applications. Nor are we responsible for proper download, installation, functionality, or security of third-party Content and Applications.

3.      Devices

3.1. Device Options

You may purchase Devices from Pure Talk to use with our Services or use your own Devices with our Services. You agree not to take any action to circumvent limits on the quantity of Devices that may be purchased. If you provide your own Devices, you are responsible for ensuring your Devices are unlocked, compatible with, and do not interfere with our Services, and that they comply with all applicable laws, rules, regulations, and standards. You are also responsible for the maintenance of your Devices and the purchase and maintenance of any additional hardware or software necessary to use your Devices with our Services. For information about our 14-day return policy for purchased Devices, visit www.puretalkusa.com/return-policy. For information about devices available for the hearing impaired, please review our Accessibility Information at: https://www.puretalkusa.com/hearing-aid-compatible-phones.

 

3.2. Device Functionality

Not all Services are available with all Devices, on all networks, or at all times, and we do not guarantee the availability of all Services on all Devices. Some functions and features referenced in the manufacturer’s manual for your Devices may not be available when users are using your Devices with Pure Talk’s Services, whether the Devices are provided by Pure Talk or by you. Pure Talk may, from time-to-time remotely update or change your Devices’ software, applications, or programming without notice, to address security, safety, or other issues that impact our network or your Devices. These changes will modify your Devices and may affect or erase data users have stored on your Devices, how users have programmed your Devices, or how users use your Devices. While a Device is receiving a software update, whether by our action, yours, or your users, the user may be unable to use the Device in any manner until the software update is complete, including to contact 911 or other emergency services.

3.3. Loss, Theft, Damage, or Destruction

Upon accepting your Devices, all risk of loss, theft, damage, or destruction of your Devices is borne by you. In the event any of your Devices are lost, stolen, damaged, or destroyed, you are responsible for purchasing a replacement Device at your expense. If a Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. Upon reporting your Device as lost or stolen to us, you can request that we suspend the Services associated with that Device without a charge. You will be responsible for any charges incurred as a result of any use of the Device before you report the loss or theft and request that we suspend your Services. We will not credit or refund any account balance as a result of loss or theft of a Device. Except as otherwise provided herein, if a Device is lost, stolen, damaged, or destroyed, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any charges. You agree to cooperate and act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of a Device (e.g., by providing facts, sworn statements, or other information that would help the investigation).

4.      Charges and Payments

4.1. Charges, Fees, and Taxes

You are responsible for paying all one-time and recurring charges that result from your commercial relationship with Pure Talk and from use of the Services, whether accrued by an authorized or unauthorized user of the Devices or Services, including, but not limited to: (i) one time or recurring Service Plan charges; (ii) Device upgrade or replacement charges; (iii) activation, reconnection, prepayment, and other administrative or customer service charges or fees; (iv) returned and late payment charges or fees; (v) roaming, network, and other surcharges; (vi) optional feature charges, such as operator and directory assistance, voicemail, and call forwarding; (vii) toll and collect calls and premium text messages; and (viii) all required or applicable federal, state, and local taxes, surcharges, fees, and any other regulatory or governmental assessments, whether assessed directly upon you or upon Pure Talk and billed to you for cost recovery. Pure Talk may add our own charges to those charged by third parties. Taxes, fees, and surcharges may vary depending on the billing address associated with your account and may vary from month-to-month based on our or the government’s calculations. We may, but are not obligated to, provide notice of such variances.

4.2. Invoicing and Payment

Pure Talk will provide you with an electronic invoice through your customer account on a recurring monthly basis, consistent with the term of your recurring Service Plan. You are responsible for reviewing your invoices to ensure that all charges are accurate. You agree to pay for all charges when invoiced or on or before a payment due date using a credit or debit card or other valid payment method. Any amounts not paid by the due date will be considered late. Partial payment of any bill will be applied to outstanding charges in the amounts and proportions as solely determined by Pure Talk. Acceptance of a partial payment by Pure Talk does not constitute a waiver of any rights to collect the full balance owed under the Agreement. By providing payment information and accepting this agreement, you authorize us or our payment service provider to charge your payment in advance for automatic payments to ensure that payments are received by the due date. You may cancel the automatic renewal of your Service Plan at any time, but there is no proration of charges, fees, or taxes if you terminate your Services before the end of a Service term. You must promptly notify us of any change in your billing address or payment method. If you wish to dispute a charge, you must do so in accordance with the dispute resolution process described in Section 9.

4.3. Returned Payment, Late Payment, and Non-Payment

Pure Talk may charge you a $30 fee or the highest amount permitted by law for any payment by you that is returned unpaid. Your bank may also impose a fee for returned payments. We may also charge you a fee when your payment is not made on or before your payment due date. If you fail to make a payment, we may terminate your service. Pure Talk may use outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to past due or unpaid charges billed to you by Pure Talk. You agree that such contact may be made using any mailing address, telephone number, e-mail address, or other communication method you have provided or may in the future provide to Pure Talk. You agree that you may be required to reimburse Pure Talk for any fees, which may be based on a percentage of the debt at a maximum of 33%, and all costs and expenses, including reasonable attorneys’ fees (or the most fees, costs, and expenses allowed by law, whichever is less), that we incur as a result of our efforts to collect past due or unpaid charged.

4.4. Creditworthiness

Initial and ongoing delivery of Services may be subject to credit approval. You may be required to provide Pure Talk with credit information and you represent and warrant that all credit information that you provide will be true and correct.  You also authorize Pure Talk to inquire, receive, and maintain information about your credit history from third parties. Pure Talk may, in our sole discretion, deny Services based upon an unsatisfactory credit history. Additionally, subject to applicable regulations, Pure Talk may require you to make a deposit as a condition to Pure Talk’s provision or continuation of the Services. The deposit will not, unless explicitly required by law, bear interest and or be held as security for payment of charges. If your Services are terminated or we determine, in our sole discretion, that such deposit is no longer necessary, the amount of the deposit will be credited to your account or refunded, at our discretion.

4.5. Promotional Credits

Pure Talk may, from time to time and at our sole discretion, provide you with promotional credits due to service issues, device issues, or customer inconveniences. Promotional credits can only be claimed and redeemed by accountholders and only will be associated with the account of the customer who was offered the promotional credit. Promotional credits may not be sold or transferred to another Pure Talk account or to any other person. Promotional credits have no fixed or cash value or equivalent, and may not be exchanged, transferred, resold, redeemed, or substituted for cash, merchandise, or services. If you terminate your Pure Talk Services, you will forfeit any promotional credits offered to you or associated with your account. If you fail to make payments on your account or otherwise violate this Agreement, you may lose the ability to claim or redeem promotional credits. Promotional credits are not your property and Pure Talk may, in our sole discretion, change, modify, discontinue, suspend, revoke, cancel, or terminate promotional credits at any time, with or without notice. Promotional credits may be subject to additional terms and conditions as described to you when offered to you.

 

5.      Privacy and Data Security

5.1. Privacy

Each party agrees to comply with their obligations under applicable laws relating to the collection, use, processing, protection, and disclosure of personally identifiable information obtained in the course of carrying out their respective obligations under this Agreement, including, without limitation and as applicable: obtaining and maintaining consent, providing all necessary notices, observing all data subject rights, and obtaining and maintaining all necessary registrations and authorizations from data protection authorities. Nothing in this Agreement shall be deemed to prevent each party from taking steps they reasonably deem necessary to comply with such applicable laws. Through our role as a service provider to you, Pure Talk may collect information about user use of the Devices and Services (“Usage Information”). PureTalk may use this information for a variety of business and commercial purposes, including for the provision of the Services and for marketing purposes.

5.2. Customer Proprietary Network Information

As Pure Talk provides our Services to you, it develops information about the quantity, technical configuration, type, destination, amount of use, and other information found on your invoice (“Customer Proprietary Network Information” or “CPNI”). Under federal law, you have a right, and we have a duty, to protect the confidentiality of CPNI. To serve you in the most effective and efficient manner, Pure Talk may use or share CPNI with our affiliates for purposes of determining and offering other Pure Talk products and services that may be of interest to you. Your permission for us to use CPNI for this purpose is valid until revoked. You may revoke your consent for Pure Talk to use CPNI to offer services that are unrelated to the services you currently receive from us by contacting Customer Service using the contact information in Section 11. Revocation of consent to use CPNI will not affect the provision of any current Services to which you already subscribe.

5.3. Confidentiality

For purposes of this Agreement, the term “Confidential Information” means non-public information that either party designates as being confidential or which, under the circumstances surrounding disclosure, should reasonably be treated as confidential, including without limitation, a party’s finances, technology, business affairs, marketing plans, sales information, and employee lists. Confidential Information does not include any information that: (a) is or subsequently becomes publicly available without a breach of any obligation of confidentiality owed to a party under this Agreement; (b) was already known to a party prior to the other party’s disclosure of such information so long as such prior knowledge by a party can be substantiated by third-party data or documentation; (c) became known to a party from a source other than the other party and other than by a verifiable breach of an obligation of confidentiality owed to the party by such source; (d) is independently developed by a party so long as documentation is available to verify such independent development; (e) is required to be disclosed by law, regulation, or court or governmental order; or (f) constitutes Usage Information or CPNI.  Neither party will disclose any of the other party’s Confidential Information to any third party, except that either party may disclose Confidential Information to their affiliates, employees, agents, consultants, attorneys, and others who need to know the information for the purpose of providing the Services contemplated by this Agreement.

5.4. Information Security

Pure Talk maintain reasonable physical, technical, and procedural safeguards to help protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of Usage Information, CPNI, and Confidential Information. We encrypt and hash all passwords and encrypt the transmission between you and us of all online account communications and sensitive information (such as credit card information) in a secure manor. Electronic access to the databases and physical access to the servers on which information is stored are restricted to those employees, agents, contractors, service providers, and other third parties who have a business need for such access. They will only access and use information on our instructions and they are required to keep your information confidential. We require third parties that require use of information to take reasonable measures to protect the confidentiality of that information. While we make every effort to ensure the integrity and security of our network and servers, we cannot guarantee their security, nor can we guarantee that information that you or your users supply or that we collect will not be intercepted while being transmitted over our network or the internet.

6.      Acceptable Use Policy

You and your users are only permitted to use Pure Talk’s Devices and Services for small business commercial uses that are consistent with this Acceptable Use Policy. Prohibited uses include those that are unlawful, harmful, or otherwise impact our ability or the ability of our underlying carriers to provide the Services to our or their customers. You are responsible for all activity through the Devices and Services associated with your account, including any conduct by authorized or unauthorized users of your Devices or the Services, and are liable to Pure Talk for any damages resulting from prohibited activities or uses that occur using the Devices or Services. Prohibited uses include, but are not limited to:

a)      Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right. Infringement may result from the unauthorized copying, distribution, and/or posting of pictures, logos, software, articles, musical works, and videos.

b)      Unlawful, Offensive, and Harmful Content: Disseminating or posting content that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, incites unlawful or violent acts, or otherwise objectionable. Without limiting the foregoing, you may not access or use our Website or Network in any manner for the transmission or dissemination of images containing child pornography.

c)      Export Violations: Violations of export laws, regulations, and rules, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.

d)      Fraudulent Conduct: (1) Conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (3) individual or business representation as an authorized third-party affiliation or agent for a business entity without the business’ prior consent.

e)      Falsification/Impersonation: Using the network to impersonate any person or entity; falsely state, mask, or otherwise misrepresent yourself or your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, false date or time stamps, false originating e-mail addresses or other identifiers, or other means of deceptive addressing.

f)       Violation of Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, website, or application you use or access.

g)      Excessive Utilization of Network Resources: Consuming a disproportionate amount of available network resources resulting in the potential to disrupt or degrade the network or network usage by others. Excessive use is determined by resource consumption relative to that of a typical individual user of the network and not by the use of any particular application. The determination of what constitutes excessive use depends on the specific state of the network at any given time.

h)      Uses Causing Excessive Utilization of Network Resources: Continuous, unattended, or excessive streaming, downloading, or uploading of videos, music, or other files; using applications that automatically consume unreasonable amounts of network resources, are designed for unattended use, operate as automatic data feeds, constitute automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; using the Services in connection with server devices or to operate a hosting service; using the Services as the functional equivalent of a private or dedicated access line or an access point for intra-company private branch exchange services; maintaining open lines of communication for extended periods of time (e.g., other monitoring services); and placing or receiving an abnormally high number of calls or repeatedly placing or receiving calls which result in abnormally long call lengths or high costs, including operating a dispatch service, excessive use of multi-party calling features or separate calls that are not bridged together, and excessive use of single party or multi-party chat line services.

i)        Traffic Pumping/Access Stimulation: Using the network to dial telephone numbers associated with free conference calls, free chat lines, or similar services that are used for traffic pumping/=access stimulation. Traffic pumping/access stimulation, for this purpose, is defined as any and all activities that are designed to generate traffic to increase the intercarrier compensation billed to Pure Talk.

j)        Commercial, Unsolicited, and Spam Communications: Using our Services to distribute, publish, send, or engage in: (i) commercial, marketing, advertising, or promotional communications or solicitations to any person without the person’s consent; (ii) spam, chain mail, bulk messages, automatically generated messages, numerous copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; and (iii) telemarketing, autodialed, or prerecorded communications. This includes using our mail servers or another site’s mail server to relay messages without the express permission of the account holder or the site.

k)      Harmful Communications: Using our Services to distribute, publish, or send very large messages or files that disrupt a server, account, newsgroup, or chat service or any communication that is categorized as “phishing.”

l)        Unauthorized Information Collection: Using our Services to participate in spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others, using software (including “spyware”) designed to facilitate such activity, or conducting commercial research or commercial data collection, including collecting responses from unsolicited messages.

m)   Malicious Software: Disseminating or posting content that is malicious software (i.e., malware) into the network or through the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.

n)      Hacking: Without the express prior authorization of the owner any data, system, or network, accessing or using such data, systems, or networks, including any attempts to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.

o)      Interception: Monitoring data or traffic on any system or network without the express prior authorization of the owner of the system or network.

p)      Intentional Interference: Interfering with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.

q)      Falsification of Origin or Routing Information: Using, selling, or distributing any computer program designed to conceal the source or routing information of emails in a manner that falsifies an Internet domain, header information, date or time stamps, or originating e-mail addresses or other identifiers.

r)       Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Pure Talk or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Pure Talk customer or other end-user.

s)       Device Modifications: Unlocking, re-flashing, rooting, tampering with, altering, or otherwise modifying your Pure Talk Devices or their software without authorization.

t)       SIM Card Modifications: If your Devices have a SIM card, without authorization, removing a SIM card and placing it in another Device, or altering, bypassing, copying, deactivating, reverse-engineering, or otherwise circumventing or reproducing the stored encoded information or encryption mechanisms of the SIM card.

u)      Signal Enhancements: Installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted radiofrequency signal, unless authorized by Pure Talk.

v)      Tethering: Using a Device to tether another device, computer, modem, or other equipment for the purpose of using the data Service, except as expressly provided under a specific Service Plan.

w)    Miscellaneous: Reselling or leasing the Services; using the Services for any other purposes that are unlawful, commercial, in violation of or inconsistent with this Agreement, or that could or does generate significant or serious customer complaints; engaging in any other conduct that could or does harm or adversely affect our other customers, employees, business, reputation, network, property, Services, operations, or any other person; providing us with false, inaccurate, dated, or unverifiable information, including identification or credit information; or assisting, facilitating, or allowing anyone else to do or attempt to do any of the above activities.

Pure Talk may terminate, suspend, modify, or limit your Services if we believe your Devices or Services have been used to engage in any of the foregoing prohibited uses or any other uses than acceptable uses. If you have purchased a Service Plan with unlimited talk, text, or data allotments, Pure Talk may presume you are engaged in prohibited uses or uses other than acceptable uses, and therefore terminate, suspend, modify, or limit your Services in accordance with Section 7.4, when consumption is not characteristic of a typical commercial user of a particular Service, as determined by Pure Talk in our sole discretion, or where it exceeds published consumption limitations. You agree that a violation of this the Acceptable Use Policy harms Pure Talk, which cannot be fully redressed by money damages, and that we shall be entitled to immediate injunctive relief in addition to all other remedies available without the requirement to post a bond.

7.      Term and Termination, Suspension, Modification, and Limitation of Your ServiceS

7.1. Term of Agreement

This Agreement begins on the day your Services are activated and continues until we or you terminate your Services.

7.2. Termination in General

Either party may terminate this Agreement (which will terminate the provision of Services) at any time on advance notice to the other party with or without cause. You can request that we terminate your Services by contacting Customer Service. Upon termination, any unused talk, text, and data allotments will expire and you will not receive a refund.

7.3. Termination, Suspension, Modification, or Limitation of Services for Cause

At any time and with or without prior notice, Pure Talk or our underlying carrier may, but are not obligated to terminate, suspend, modify, or limit your Services if:

(a)    we know or suspect you or a user of your Devices or Services violated or attempted to violate this Agreement, including the Acceptable Use Policy in Section 6, or any other Pure Talk policies or terms and conditions, including the terms and conditions of your Service Plan;

(b)   we know or suspect you used or attempted to use fraudulent means to obtain our Services;

(c)    we know or suspect you violated or attempted to violate any applicable laws or regulations;

(d)   we know or suspect you provided us with false information or misrepresentations;

(e)   we know or suspect that you have committed a criminal or harmful act against Pure Talk or any of our employees or agents;

(f)     we know or suspect you or any users are using our Services for fraudulent purposes;

(g)    we know or suspect you or any users have engaged in improper, illegal, or unauthorized use of your Pure Talk Devices;

(h)   your payment is returned unpaid, you fail to make all required payments when due, any payment is past due, or we reasonably believe there has been fraudulent payment activity in connection with your Services;

(i)      you provide inaccurate or misleading credit information, your credit has deteriorated, or we believe that there is a risk of non-payment;

(j)     your actions expose Pure Talk to sanctions, prosecution, civil action, or other liability;

(k)    your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our underlying carrier;

(l)      your actions interfere with another customer’s ability to use the Services;

(m) your actions otherwise present an imminent risk of harm to Pure Talk, our employees, our agents, or our customers;

(n)   we discover you are below the age where you are capable to contract for goods and services or receive Lifeline services;

(o)   you or any users threatens, harasses, abuses, offends, or uses vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you or any user contacts using our Services or Devices;

(p)   necessary to address security threats and otherwise protect the network, Services, systems, and equipment from harm or degradation;

(q)   necessary to optimize, improve, or manage the network, Services, systems, and equipment;

(a)    necessary to preserve and protect their rights and interests and those of their customers and third parties;

(b)   ordered to do so by any federal or state government entity with authority to do so;

(c)    necessary to address a condition immediately dangerous or hazardous to life, physical safety, or property;

(d)   we cease to provide Services in your area; or

(e)   necessary for any other operational or governmental reason, including to otherwise ensure the activities of some users do not impair our ability to provide customers with access to reliable Services at reasonable costs.

If you have more than one account with us, you must keep all accounts in good standing to maintain Services; if one account is in violation of the terms or obligations under this Agreement, all accounts in your name are subject to termination, suspension, modification, or limitation and any other remedies.

7.4. Methods for Termination, Suspension, Modification, or Limitation of Services

Pure Talk or our underlying carrier may utilize any method they deem necessary to terminate, suspend, modify, or limit your Services, including, but not limited to:

a)      suspending or terminating talk, text, and data Services, individually or collectively;

b)      changing your Service Plan;

c)      restricting, reducing, or limiting the amount of usage of the Services;

d)      limiting data throughput speeds or quantities;

e)      reducing the size of files and multimedia messages;

f)       changing, limiting, disabling, or preventing access to particular features;

g)      blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;

h)      limiting the provision of Services at certain times or in certain areas, including due to changes in coverage of our underlying carriers or changes in roaming agreements;

i)        filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware (we do not guarantee that you will not receive and we are not liable for such calls, text, or transmissions);

j)        blocking calls to you at your request or to other called parties at their request;

k)      blocking or otherwise preventing access to third party services or other premium services, features, or content that would generate additional fees or charges billed to Pure Talk, either directly or through your account as a result of your use of or access to the service, feature, or content

l)        blocking hacking and other attempts for unauthorized access;

m)   blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy (Section 6), including uses that result in abnormally long calls, high costs, or high usage;

n)      imposing limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account; or

o)      deactivating your voicemail service if you do not initialize it within a reasonable period after activation (which can be reactivated upon your request).

Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. We are not liable for any harms that may result from termination, suspension, modification, and limitation of your Services and you will not receive a refund or credit from Pure Talk for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations. For additional information about our network management practices for our data Service, please review our Broadband Transparency Disclosure, available at https://www.puretalkusa.com/openinternet.

8.      Disclaimers, Limitations, and Indemnification

8.1. Warranty Disclaimer

Pure Talk makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, non-infringement, or fitness for a particular purpose, suitability, or performance to you in connection with, arising out of, or relating to the Services or Devices, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services, wireless coverage, particular service speeds or quality of service, or that your communications will be private or secure. It is illegal for unauthorized people to intercept your communications, but such interceptions can occur. We do not manufacture any Devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations. Notwithstanding the foregoing, your Devices may have a limited warranty extended to you by the manufacturer or the vendor from which you purchased the Devices.

8.2. Limitation of Liabilities

To the fullest extent permitted by law, you agree that neither Pure Talk nor our vendors, suppliers, or licensors shall be liable, whether or not due to our or their negligence, for any:

a)      act or omission by you or a third party, including our third-party service providers or third-parties from whom we have purchased products or services;

b)      mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services;

c)      deficiencies or problems with a Device or network coverage (e.g., dropped, blocked, interrupted Services, etc.);

d)      any damage, injury, or loss caused by or arising out of your use of the Services or our suspension or termination of the Services, including car accidents or health-related issues;

e)      any damage or injury caused by any interruption, failure, or delay in accessing or attempting to access emergency services from a Device or using the Services, including  911 services;

f)       interrupted, failed, or inaccurate location services;

g)      quality, appropriateness, accuracy, or suitability of any content, information, or applications users may access while using the Service;

h)      information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;

i)        damage, harm, or loss that may result from your communications being intercepted;

j)        unauthorized access to your account caused by your actions or that circumvent our reasonable security measures;

k)      damage or injury that results from or while you are using the Service, including traffic or other accidents and health-related risks or issues;

l)        claims against you by third parties;

m)   changes in operation, equipment, or technology that cause your Devices or software to be rendered obsolete or require modification;

n)      damage to your Devices or any other equipment you use with the Services, damage to or loss of any information or data stored on your Devices or such equipment (including when we service your Devices), or loss or disclosure of sensitive information you transmit when using the Services (including any damage, loss, harm, or disclosure that results from malware); or

o)      default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events), including acts of God (e.g., weather-related phenomena, fire, earthquake, flood, etc.), riot, strike or labor disputes, civil disorder, war, terrorism, quarantine restrictions, pandemic, or government orders or acts;

You should implement appropriate safeguards to secure your Devices and any other equipment you may use with the Services and back-up information stored on such Devices or equipment. To the fullest extent permitted law, Pure Talk shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of or inability to use your Devices or the Services, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries. To the fullest extent permitted by law, our liability for monetary damages for any claims you may have against us are limited to no more than the proportionate amount of the charges attributable to the affected period. The foregoing limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.

8.3. Indemnification

To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Pure Talk and all affiliated or related companies, officers, directors, employees, agents, and representatives from and against any and all losses, claims, liabilities, injuries, costs, penalties, damages, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly, your or any other person’s use of Devices or the Services; your acts or omissions, including your breach or violation of this Agreement, other Pure Talk policies, or any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority; and claims arising in whole or in part from the alleged negligence of Pure Talk. If we reasonably determine that a claim might adversely affect Pure Talk, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with Pure Talk.

9.      Dispute Resolution

9.1. Disputes

Within 60 days of the date of any event giving rise to a dispute, as defined in Section 9.2(B), you must notify us of such dispute in writing at Pure Talk, P.O. Box 2840, Covington, Georgia 30015 (or using one of the other means set forth in Section 9.2(C), titled “Dispute Notice”), including a dispute over any charges assessed on you or any Services we provided, or you will have waived your right to dispute the charges or Services and to bring, or participate in, any legal action raising any such dispute. Notwithstanding the foregoing, you maintain your right to file a complaint with the Federal Communications Commission (“FCC”), your state’s public service commission, or any other federal or state governmental entity that may, if permitted by law, seek relief against us on your behalf.

9.2. Dispute Resolution by Mandatory, Bilateral, and Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

 

Summary: Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service department toll-free by dialing 611 from your PureTalkUSA Device or calling 1-877-820-7873. In the unlikely event that Pure Talk’s Customer Service department is unable to resolve a complaint you may have to your satisfaction (or if Pure Talk has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Notwithstanding the foregoing, you maintain your right to file a complaint with the FCC, your state’s public service commission, or any other federal or state governmental entity that may, if permitted by law, seek relief against us on your behalf.

Arbitration Agreement.

  1. Mandatory, Bilateral, and Binding Arbitration. You and Pure Talk agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Services, or to any other products or services sold or distributed by Pure Talk or through Pure Talk websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or our right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to Section 9.3, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement.

  1. Dispute. The term “dispute” shall include any dispute, claim, or controversy between you and Pure Talk, including our employees, agents, affiliates, and other representatives, regarding or relating to any aspect of your relationship with Pure Talk, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “dispute” also includes, but is not limited to, any and all claims between you and Pure Talk in any way related to or concerning this Agreement or our Services, including, but not limited to, Devices, coverage, privacy and confidentiality, invoicing and charges, advertising, or disputes relating to telephone calls or other communications that you claim were received by you from Pure Talk or a party acting on Pure Talk’s behalf. The term “dispute” is to be given the broadest possible meaning that will be enforced and includes disputes that arise after Services or this Agreement are terminated.
  1. Dispute Notice: Before initiating an arbitration, you and Pure Talk each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Pure Talk, Bill Dispute, P.O. Box 2840, Covington, Georgia 30015 (the “Notice Address”), (2) emailed to info@puretalkusa.com, (3) submitted online www.puretalkusa.com, or (4) brought to the attention of Pure Talk Customer Service by dialing 611 from your Pure Talk Device or calling toll-free at 1-877-820-7873. Pure Talk will provide a Notice of Dispute to you via the mailing address or email address associated with your Pure Talk account. You and Pure Talk agree to make attempts to resolve the dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Pure Talk may commence an arbitration proceeding.
  1. Arbitration Process and Procedure.

i.        All disputes shall be determined by binding arbitration (1) administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) take place telephonically, unless an in-person hearing is specifically requested by either party, which, in such case, shall take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

ii.       Disputes may also be referred to another arbitration organization if you and Pure Talk agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act (9 U.S.C. § 1, et seq.).

iii.     We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.

iv.     You understand and agree that by entering into this agreement, you and Pure Talk are each waiving the right to a trial by jury and the right to participate in a class action for any dispute covered by this agreement.

v.       The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Pure Talk each agree that all issues regarding the dispute are delegated to the arbitrator to decide, except that a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this Agreement to arbitrate.

vi.     To commence an arbitration, a Demand for Arbitration is required to be executed and served on Pure Talk. Service of the Demand for Arbitration on Pure Talk can be mailed to Pure Talk, P.O. Box 2840, Covington, Georgia 30015 pursuant to the instructions provided by JAMS to submit a dispute for arbitration. Service of the Demand for Arbitration on you will be sent to you via the mailing address or email address associated with your Pure Talk account. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. Pure Talk will bear the cost of your initial filing fee.

  1. Class Action Waiver. You and Pure Talk agree that neither you nor Pure Talk shall be entitled to join or consolidate disputes by or against other individuals or entities, or arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of class or in a private attorney general capacity, in connection with any dispute. Further, unless both you and Pure Talk expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim.
  1. Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both Pure Talk and you pursuant to JAMS Rule 12.
  1. Arbitrator Award. An arbitrator’s award will consist of a written statement of the disposition of each dispute and a concise written statement of the essential findings and conclusion on which the award is based. Except where prohibited by law, you and Pure Talk agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the Federal Arbitration Act, and judgment on the award may be entered in any court of competent jurisdiction.
  1. Confidentiality. Neither you nor Pure Talk shall disclose the existence, contents, or results of any arbitration, except to the extent required by law.
  1. Costs and Fees. To the fullest extent permitted by applicable law, each party will bear the cost of preparing and presenting its case in an arbitration unless the arbitration award provides otherwise. Notwithstanding the foregoing, the prevailing party shall be entitled to recover reasonable attorney’s fees and court costs.
  1. Severability. If any part of this Arbitration Agreement is held to be unenforceable by a court or agency of competent jurisdiction, that part may be severed and the remaining provisions will remain in full force and effect.
  1. Survivability. This arbitration clause shall survive termination of this Agreement.

9.3. Choice of Law, Jurisdiction, and Court Proceedings

Except to the extent preempted by or inconsistent with applicable federal law, this agreement is governed by the laws of Georgia, without regard to choice of law principles, conflicts of laws rules, or your actual state of residence. For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages. Any claims, legal proceeding, or litigation not subject to the mandatory arbitration provision must be brought solely in a court in the State of Georgia.

10.  Miscellaneous

10.1. Independent Contractor

Pure Talk provides the Services in this Agreement as an independent contractor. Nothing in this Agreement shall be construed to convey an employer-employee relationship, association,

joint venture, partnership, or other form of legal entity or business enterprise between the Parties or their agents, employees, or affiliates.

10.2. Consent to Receive Communications

Pure Talk may occasionally need to communicate with you about your Services. Except where opt-in consent or separate consent is required by law or regulation, you provide express or implied consent, by providing us with your contact information or by using our Services, for Pure Talk or our authorized agents or representatives to contact you using live, automated, or prerecorded messages or communications to any landline, wireless, or facsimile telephone number, physical address, email address, application, or other means where you may be reached, for any and all purposes, including to inform you about our services, customer service-related information, commercial information about the products or services we offer, or other matters we believe may be of interest to you. You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons. Some of these communications may result in charges to you. Your consent to be contacted may be revoked at any time by any reasonable means, including by contacting Customer Service using the contact information in Section 11.

10.3. Modifications to the Agreement

We may, at any time, change any part of this Agreement and other terms, conditions, and policies; rates, fees, and charges; Service Plans, features, and products; and coverage areas, underlying carriers, and provisioning technology. We will provide you with advanced notice of any permanent changes that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges), and may provide you with notice of any other material or non-material changes. Notice will be provided in accordance with Section 10.5 (Notices) or as otherwise required by any applicable law, regulation, or order. If any governmental entity with jurisdiction over Pure Talk issues a law, regulation, or order that has the effect of materially changing any term or provision of this Agreement, then the Agreement shall be deemed modified as is necessary to comply with such law, regulation, or order. Material adverse changes become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice. If you do not terminate your Pure Talk Services on the effective date, you accept the change. All other changes become effective when posted on the Pure Talk website, www.puretalkusa.com, or as specified in any notice. If you continue to access, use, or purchase Pure Talk’s Services on or after the effective date of such changes, you accept those changes. Neither the course of conduct between you and Pure Talk nor common trade practice will act to modify any provision of this agreement.

10.4. Assignment

This Agreement is not for the benefit of any third party except Pure Talk’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You may not transfer or assign this Agreement or any of your rights or duties under it without our prior written consent. We may transfer or assign all or part of this Agreement, or your debts to us, without notice. Upon our transfer or assignment of this Agreement, Pure Talk shall be released from all liability with respect to this Agreement.

10.5. Notices

We or our authorized agents may use any one or a combination of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your Device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means Pure Talk deems practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to your voicemail service, text messaging service, email account, or Devices; when posted on our website or in an application; and three (3) days after mailed to your last know billing address. Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 11.

10.6. Investigation and Enforcement of Violations

TAG has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Pure Talk will determine, in our sole discretion,  whether you violated or attempted to violated any of the provision of this Agreement, including the Authorized Use Policy. If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit your Services, as described in Section 7.4. Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities. Pure Talk will cooperate with law enforcement investigations where criminal activity is suspected and you agree to cooperate in any such investigations.

10.7. Waiver

Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.

10.8. Survivability

Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement survive termination of the Services and this Agreement, including, but not limited to, those relating to complaints, payment obligations, restrictions on the use of Devices, 911 and emergency communications, and dispute resolution (including no class action and no jury trial).

10.9. Severability

If any part or provision of this Agreement, including any part of its arbitration clause or Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be severed from this Agreement in that jurisdiction and the remaining provisions of the Agreement shall remain in full force and effect.

10.10. Headings

Section headings are for descriptive, non-interpretive purposes only.

10.11.    Language

The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

10.12.    Integration

This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and Pure Talk. It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent. You have no other rights with respect to the Services or this Agreement, except as specifically provided by law.

11.  Customer Service Contact Information

If you have any questions, concerns, comments, or complaints regarding your Services, your invoice, or this Agreement, please contact Customer Service by visiting www.puretalkusa.com/contact, by calling our small business customer service line at 1-888-517-6763, or by writing us at Pure Talk, P.O. Box 2840, Covington, Georgia 30015.

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