TERMS AND CONDITIONS
By using Pure TalkUSA Services and Devices, you are bound to the following:
(1) the Terms and Conditions, including the binding arbitration clause;
(2) the terms and conditions associated with your Service Plan and Devices;
(4) any other policies incorporated into this Agreement by reference.
PLEASE READ THESE Terms and Conditions carefully and make sure you understand each provision as they contain important information about the services provided to you and our use of certain information. These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These Terms and Conditions limit our liability and the remedies available to you in the event of a dispute.
- GENERAL: “Pure TalkUSA” or “we,” “us” or “our” refers to Pure TalkUSA Holdings LLC, acting on behalf of its FCC-licensed partners, d/b/a Pure TalkUSA. “You,” “your,” “customer,” “subscriber,” and “user” refers to an account holder or authorized user of our Services or Devices. “Services” means voice telephony, text messaging, broadband Internet access services, applications, and any other services provided to you by Pure TalkUSA. “Device” means any phone, device, accessory, or other product provided or sold to you by Pure TalkUSA or that is activated or used with your Services. These Terms and Conditions are an agreement between Pure TalkUSA and you under which we provide and you accept our Services and/or Devices (“Agreement”). YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY ACTIVATE AND/OR USE THE SERVICES, (B) PAY FOR ANY SERVICES, (C) UPGRADE OR MODIFY THE SERVICES, (D) START ANY APPLICATION, PROGRAM, OR SOFTWARE THAT STATES YOU ARE ACCEPTING THE SERVICES, OR (E) ACCEPT THE SERVICES OR AGREEMENT THROUGH ANY WRITTEN, ORAL, OR ELECTRONIC STATEMENT OR SIGNATURE. You must be 18 years or older to use Pure TalkUSA Services.
- CHARGES: You are responsible for paying all charges for or resulting from usage of the Services provided under this Agreement. Charges may include, without limitation: voice call minutes of use (“MOUs”), amount of text messages, data usage, roaming, recurring monthly service, activation, administrative, returned payment and late payment charges; network and other surcharges; optional feature charges; toll, collect call, and directory assistance charges; any other charges or calls charged to your phone number; and all applicable taxes, surcharges, and governmental fees, whether assessed directly upon you or upon Pure TalkUSA. Your Service Plan describes the charges for your Services and your allotment of voice call MOUs, text messages, data, rates, coverage, and other terms. Any unused allotment of Services from one monthly period will not carry over to the next monthly period. Pure TalkUSA may add its own charges to those charged by third parties. You agree to pay recurring charges in advance, and there is no proration of such charges. You agree to pay non-recurring charges at the time the charges are incurred.
- Voice and Text Usage Charges: You agree to pay for all calls and SMS text messages to and from your Devices. MOUs AND OTHER MEASURED VOICE USAGE (“BILLABLE TIME”) ARE BILLED IN FULL-MINUTE INCREMENTS AND ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Additional charges may apply to obtain detailed information about your usage of services. Billable Time begins for outgoing calls the moment you initiate a call and for incoming calls the moment the signal connection from the caller is established with our facilities. Billable Time ends after you or the other party terminates the call, but not until the signal of the call disconnect is received and confirmed by our facilities. All outgoing calls for which we receive a signal that the call was answered or which have at least thirty (30) seconds of Billable Time shall incur a minimum charge for one MOU. We generally receive a signal that a call is answered when you accept the call, but a signal may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Billable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Billable Time may also occur from other uses of our facilities, including, but not limited to, voicemail deposits and retrievals, and call transfers. Except under unlimited plans and where otherwise noted, SMS text messages will be calculated for each incoming and outgoing text message.
- Data Usage Charges: You agree to pay for all data usage from all data transmissions to and from your Devices, regardless of who initiates the transmissions. Data usage occurs whenever your device is connected to our network and is engaged in any data transmission, including, but not limited to: (i) sending or receiving email, documents, or other content, (ii) accessing websites, or (iii) downloading and using applications. Data may also be used (i) to access, transport, and route data on our network, (ii) from partial or interrupted downloads and resend requests caused by network errors, and (iii) data associated with unsuccessful attempts to reach websites or use applications. Some applications, content, programs, and software that you download or that comes pre-loaded on your device regularly and passively send and receive data transmissions to function properly, without you affirmatively initiating transmissions and without your knowledge. You will be billed for all data transport and usage when your device is connected to our network, including all active and passive usage, whether successful or not. Many Devices transmit and receive data without user intervention, when powered “on” outside the United States, Puerto Rico, and U.S. Virgin Islands, causing unexpected data usage. Pure TalkUSA may send “alerts” via SMS or email, to notify you of such data usage. These are courtesy alerts; there is no guarantee we will send them or that you will receive them. A data session initiated on our network will continue its connection over our network until the data transmission is concluded, even when you connect to a Wi-Fi network during the transmission. 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. DATA USAGE IS BILLED IN FULL-KILOBYTE INCREMENTS AND IS ROUNDED UP TO THE NEXT FULL-KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES.
- DISHONORED FINANCIAL INSTRUMENTS AND LATE PAYMENT FEES: We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts or the most allowed by law, whichever is less. We may also charge you fees when your payment are not made on or before your scheduled payment date.
- DEVICES: You may purchase a Device from Pure TalkUSA to use with our Services or use your own Device with our Services. Devices must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules, and regulations. Devices may not be enabled for all Services and some Services may not work on some Devices. Devices designed only for accessing data services are not permitted with Pure TalkUSA Services. You agree not to take any action to circumvent limits on the quantity of Devices that may be purchased. At times we may remotely change your Device’s software, applications or programming, without notice, to address security, safety, or other issues that impact our network or your Device. These changes will modify your Device and may affect or erase data you have stored on your Device, how you have programmed your Device, or how you use your Device. While your Device is receiving a software update, whether by our action or yours, you may be unable to use it in any manner until the software update is complete, including to contact 911 or other emergency services. For information about our 14-day return policy for purchased Devices, visit puretalkusa.com/return-policy.
- LOSS, THEFT, DAMAGE, OR DESTRUCTION OF DEVICES: Upon accepting your Device, all risk of loss, theft, damage, or destruction of your Device is borne by you. In the event of any loss, theft, damage, or destruction of your Device, you are responsible for purchasing a replacement Device at your expense. If your Device is lost or stolen, you must contact us immediately to report the Device lost or stolen. When you contact us to report your Device as lost or stolen, you can request that we suspend your Services without a charge. You may be responsible for all charges incurred as a result of any use of your Device until 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 your Device. We and you agree to act in good faith and in a reasonable manner in connection with any investigation of the loss or theft of your Device. Except as otherwise provided herein, if your 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, and any other obligations that you are responsible for under any other agreements that are in effect between us and you, including, but not limited to, any Conditional Sales Agreement(s).
- AUTHORIZED USE OF OUR SERVICES AND DEVICES: Pure TalkUSA Services and Devices are provided only for personal, non-commercial uses within the United States. Prohibited uses include, but are not limited to: (a) reselling or leasing our Services; (b) using the Services or Devices to engage in unlawful activity, including, but not limited to, fraud, impersonation and infringement on our or any other person or entity’s intellectual property rights; (c) using the Services or Devices to engage in conduct that adversely affects our customers, employees, business, or any other person; (d) using the Services or Devices to engage conduct that interferes with our Services, operations, network, reputation, or ability to provide quality Service, including, but not limited to, the generation or dissemination of viruses, malware, worms, Trojan Horses, time bombs, auto-responders, cancelbots, corrupted files, or “denial of service” attacks; (e) tampering, modifying, or reprogramming your Device; (f) using the Services or Devices to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files; (g) sending abusive or unsolicited communications, or any other mass or automated voice, text, or data communication for commercial or marketing purposes (e.g., spamming and telemarketing); (h) using the Services in connection with server devices or to operate a hosting service; (i) using applications that automatically consume unreasonable amounts of available network capacity, are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; (j) 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 RF signal, unless authorized by Pure TalkUSA; or (k) assisting or facilitating anyone else in any of the above activities. You are responsible for any use of the Services through any Device on your account including, but not limited to, use by minors. If your Device is stolen or Service is fraudulently used, you must immediately notify us and provide us with such documentation and information as we may request (including affidavits and police reports). 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.
- UNLIMITED SERVICE ABUSE: UNLIMITED DOES NOT MEAN UNREASONABLE USE. The Authorized Use policy sets forth in this Agreement applies to all Pure TalkUSA plans, including plans with unlimited talk, text, and data. If Pure TalkUSA finds that you are using unlimited Services for anything other than personal, non-commercial use or in any other way that violates the Authorized Use policy, Pure TalkUSA may, at its option, terminate your Services or change your plan to one with no unlimited Services. Pure TalkUSA may provide notice that it intends to take any of these actions, and you may terminate the Agreement. Unlimited text plans only include SMS-based text messages within the United States.
- ACCOUNT ACCESS: You authorize us to provide information about and to make changes to your account, including adding new services and features, upon the direction of any person able to provide information we deem sufficient to identify you. If you authorize another person to access your account or provide another person with your account validation information, that person may be able to make changes to your account. Those changes will be binding on you and Pure TalkUSA takes no responsibility for those changes. When you create your account, you should ensure your account password is unique and complex to protect the security of your account.
- PURCHASES AND AUTHORITY TO USE: Your Device may be used to purchase content, applications, and other goods and services, including applications, games, graphics, ring tones or news alerts (including subscription plans) from Pure TalkUSA or from third parties, including within applications (“In-App Purchases”) (collectively, “Content and Applications”). Content and Applications may be purchased directly with any Device containing a Subscriber Identity Module (SIM) card assigned to your account or online. You are responsible for all charges resulting from the purchase of Content and Applications, including data usage charges incurred while purchasing, downloading, and using the Content and Applications. When you give Devices assigned to your account to other users, you give those users your authority 1) to order Content and Applications from the Device, including subscription services, and to incur charges for those Content and Applications, and 2) to give any consent required for those Content and Applications, including the consent to use the user’s location information to deliver customized information to the user’s Device, or to make any representation required for those Content and Applications, including a representation of the user’s age, if requested. Usage by others can be restricted by use of parental controls or similar features. Pure TalkUSA is not responsible for third-party Content and Applications, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Applications. For assistance with third-party Content and Applications, contact the third-party sellers directly. When you download or install third-party Content and Applications, you are subject to the terms and conditions and privacy policies of that Content and those Applications.
- COVERAGE AND ROAMING: Coverage maps can be viewed at puretalkusa.com/coverage. Coverage maps show coverage on the network as well as coverage we make available to you through agreements with other carriers (“off network” or “roaming”). Coverage is not available everywhere. There are gaps in coverage within the areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. Coverage may vary and be affected by circumstances beyond our control (e.g., network capacity, interference from buildings and other structures, terrain, and weather). You will not have access to our network outside of our coverage areas. WE DO NOT GUARANTEE THE AVAILABILITY OF THE WIRELESS NETWORK AND/OR COVERAGE.
- SERVICE LIMITATIONS: Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including, but not limited to, environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) in our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. We may impose limits on the number of voicemail, text, e-mail, or other messages that can be retained through your account. We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation; we will reactivate the service upon your request. You acknowledge that the Services are provided through the nationwide wireless network of an underlying service provider of our choosing and may be subject to the service limitations of that provider. WE DO NOT GUARANTEE THE AVAILABILITY, QUALITY, OR DATA SPEEDS OF ANY SERVICES WHEN ON THE NETWORK OF OUR UNDERLYING CARRIER OR WHEN ROAMING ON ANOTHER CARRIER’S NETWORK.
- WARRANTY DISCLAIMER: Warranty disclaimers set forth herein govern unless they are prohibited by applicable law. Pure TalkUSA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE TO YOU IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE OR DEVICES. You acknowledge that service interruptions will occur from time to time. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer including any warranties, patent, or licensing obligations. Your Device may have a limited warranty extended by the manufacturer directly to you or passed on to you through the vendor from which you purchased the Device.
- LIMITATION OF LIABILITIES: To the fullest extent permitted by state and federal law, YOU AGREE THAT NEITHER Pure TalkUSA NOR OUR VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY: (a) act or omission by you or a third party; (b) mistake, omission, interruption, error, failure to transmit, delay, or defect in the Services provided by or through us; (c) damage or injury caused by use of the Services or Devices, including accidents or health-related issues; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by Pure TalkUSA; (f) damage or injury caused by failure or delay in contacting emergency services, including through 911; (g) content or information accessed while using our Services; (h) interrupted, failed, or inaccurate location information services; (i) information or communication that is blocked by a spam filter; (j) events due to factors beyond our control, including acts of God (e.g., weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts; (k) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification; or (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information or data stored on your Device, computer, equipment, or a Pure TalkUSA storage space from your use of the Services, when we service your Device, or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, either a credit equal to a prorated adjustment of any recurring charge for the time period your service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Unless applicable law precludes parties from contracting to so limit liability, Pure TalkUSA 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, the Services or Devices provided by or through Pure TalkUSA, including loss of business or goodwill, revenue or profits, property damage or claims of personal injuries. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, OR PRODUCT LIABILITY.
- INDEMNIFICATION: To the fullest extent allowed by law, you agree to defend, release, indemnify, and hold harmless Pure TalkUSA and its officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) of any person or entity arising out of or relating to, directly or indirectly, your or any other person’s use of the Services or Devices provided by Pure TalkUSA; your acts or omissions, including your breach of this Agreement; other Pure TalkUSA policies; 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 TalkUSA. This obligation shall survive termination of your service with Pure TalkUSA.
- CONSENT TO CUSTOMER COMMUNICATIONS: You expressly consent to be contacted by Pure TalkUSA or our authorized agents or representatives at any telephone number, physical address, or electronic address where you may be reached, including any wireless telephone number, for any and all purposes, including to inform you about our Services, customer service-related information, or other matters we believe may be of interest to you. You agree that Pure TalkUSA may contact you by any reasonable means, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, postal mail, e-mail message delivered by an automatic e-mailing system, or facsimile. You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons. Your consent to be contacted may be revoked only if it is in writing and is with our express agreement. You must notify us of any address changes.
- CALLER ID AND CALL BLOCKING: Your caller identification information (such as your name and phone number) may be displayed on the device or bill of the person receiving your call. Your name and Number for most calls can be blocked on a call-by-call basis by dialing *67 before the telephone area code and telephone number (on certain devices there may be a different number). In addition, you may elect to have your name and Number permanently blocked by contacting Customer Service. We also may block calls to telephone numbers at the request of the called party. Technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information.
- PORTING PHONE NUMBER: You do not have any legal right to your phone number. Notwithstanding that, you may transfer (“port”) your phone number to or from Pure TalkUSA. You must have an active Pure TalkUSA account to port your phone number to or from Pure TalkUSA. Your account must be active for a minimum of five (5) days before requests to port your number from Pure TalkUSA to another service provider are fulfilled. If you request your new service provider port your number from us and we receive the request from that new service provider, we will treat it as notice from you to terminate our Services for that number upon successful completion of porting. You will not be able to transfer any unused balances on your account to your new provider. After the porting is completed, you will not be able to use our Services with that number. Under no circumstance will we refund you for any remaining portion of a billing cycle if you port out your number. If you port your number to another provider, any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination. If your Services are terminated and you do not port your number to another provider, your phone number may be reassigned to another subscriber. Call Customer Service if you wish to port your phone number from another service provider to Pure TalkUSA. If you port your phone number to Pure TalkUSA, some Services may not be available immediately, such as 911 location services. Due to compatibility issues, you may be required to purchase or obtain a new Device and you may be without Service until the new Device is configured. We may charge a fee to cover any costs associated with performing a port. We do not guarantee that number transfers to or from us will be successful.
- TERMINATION, SUSPENSION, MODIFICATION, AND LIMITATION OF YOUR SERVICES: Either party may terminate this Agreement (which will terminate the provision of the Service) at any time on advance notice to the other party. Pure TalkUSA may terminate this Agreement at any time without notice if we cease to provide service in your area. To protect our network, our rights, and interests, or the rights of others, and to ensure the activities of some users do not impair the ability of Pure TalkUSA customers to have access to reliable services provided at reasonable costs, Pure TalkUSA may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Service if you: (a) breach this Agreement, including using the Services or Devices for any purposes prohibited by this Agreement; (b) breaching any other Pure TalkUSA policies or terms and conditions, including the terms and conditions of your Service Plan; (c) make a misrepresentation to us; (d) threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services or Devices; or (e) fail to make all required payments when due. If you have more than one account with us, you must keep all accounts in good standing to maintain service; if one account is past due or over its limit, all accounts in your name are subject to termination, suspension, modification, or limitation, and all other available collection remedies. We may also temporarily limit your Services for any operational or governmental reason. Limitations may include, but are not limited to, reducing the speed of data Service, reducing the size of files and multimedia messages, restricting the amount of use of any Service, limiting or disconnecting connections to particular phone numbers, countries, destinations, providers, features, and limiting the provision of certain services in certain areas, such as pursuant to roaming arrangements. Modifications may include changing your plan and features. Pure TalkUSA may use message filtering/blocking software to prevent spam, telemarketing calls and messages, and harmful code. Some of these actions may interrupt or prevent legitimate communications and usage. You are liable to Pure TalkUSA for any damages resulting from the conduct prohibited in this Agreement. Upon termination, any balances in your accounts or for your Services will not be refunded. Any provision of this Agreement that, by its context, is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Devices.
- CHANGES TO TERMS, CONDITIONS, RATES, CHARGES, AND SERVICES: We may change, at any time, this Agreement and other terms, conditions, and policies; rates, fees, expenses, and charges; plans, features, and products; and coverage areas, roaming partners, underlying Service providers, and provisioning technology. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates, and administrative charges) by such means as Pure TalkUSA determines to be most practicable, including, but not limited to, any of the following: playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, posting an update on our website, or by such other means as Pure TalkUSA may determine. All changes become effective when posted to puretalkusa.com. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. You understand and agree that State and Federal Universal Service fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE OR IF WE MATERIALLY DECREASE THE GEOGRAPHIC AREA IN WHICH YOUR SERVICES CAN BE USED (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE IN ADVANCE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.
- DISPUTES: Within 60 days of the date of any event giving rise to a dispute (as defined in Section 21.A), you must notify us of such dispute in writing at Pure TalkUSA, P.O. Box 2840, Covington, Georgia 30015 (or one of the other means set forth in Section 21.B, titled “Dispute Notice”), including a dispute over any charges and any service we provided, or you will have waived your right to dispute the charge or such services and to bring, or participate in, any legal action raising any such dispute. The 60-day limitation shall not apply to the filing of a complaint with the Federal Communications Commission (“FCC”) or your state’s Public Service Commission. You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or an appropriate federal or state governmental agency regarding the service provided and/or charges imposed by Pure TalkUSA. Nothing in this paragraph or this agreement in any way eliminates or abridges that right.
- DISPUTE RESOLUTION BY MANDATORY, BILATERAL AND BINDING ARBITRATION:
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary: Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by calling our customer service department at 1-877-820-7873. In the unlikely event that Pure TalkUSA’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Pure TalkUSA 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 the same damages and relief that a court can award. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. For any non-frivolous claim that does not exceed $75,000, Pure TalkUSA will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from Pure TalkUSA to at least the same extent as you would be in court.
You maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other appropriate federal, state, or local agency regarding the service provided and/or charges imposed by Pure TalkUSA. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right.
- Mandatory, Bilateral, and Binding Arbitration. You and Pure TalkUSA agree that any dispute, claim, or controversy arising out of or relating in any way to your use of Pure TalkUSA Services, or to any products or services sold or distributed by Pure TalkUSA or through Pure TalkUSA 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 Pure TalkUSA’s right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to the Choice of Law & Jurisdiction provision above, 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 these Terms and Conditions.
The term “dispute” shall include any dispute, claim, or controversy between you and Pure TalkUSA regarding or relating to any aspect of your relationship with Pure TalkUSA, 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 TalkUSA in any way related to or concerning this Agreement, Pure TalkUSA’s services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from Pure TalkUSA and/or a party acting on Pure TalkUSA’s behalf. The term “dispute” is to be given the broadest possible meaning that will be enforced.
- Dispute Notice: Before initiating an arbitration, you and Pure TalkUSA 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 TalkUSA, Bill Dispute, P.O. Box 2840, Covington, Georgia 30015 (the “Notice Address”), (2) emailed at email@example.com, (3) submitted by visiting puretalkusa.com, or (4) brought to the attention to Pure TalkUSA Customer Service at 1-877-820-7873. Pure TalkUSA will provide a Notice of Dispute to you via the mailing address or email address associated with your Pure TalkUSA account. You and Pure TalkUSA agree to make attempts to resolve the dispute prior to commencing an arbitration and not to commence and 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 TalkUSA may commence an arbitration proceeding.
- Arbitration Process and Procedure.
- 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, in such case in-person hearings 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.
- Disputes may also be referred to another arbitration organization if you and Pure TalkUSA agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. § 1, et seq.
- 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.
- YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY 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.
- 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 TalkUSA 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.
- To commence an arbitration, a Demand for Arbitration is required to be executed and served on Pure TalkUSA. Service of the Demand for Arbitration on Pure TalkUSA can be mailed to Pure TalkUSA, 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 TalkUSA account. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. Pure TalkUSA will bear the cost of your initial filing fee.
- Class Action Waiver. YOU AND COMPANY AGREE THAT NEITHER YOU NOR COMPANY 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 TalkUSA expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
- Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both Pure TalkUSA and you pursuant to JAMS Rule 12.
- 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. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
- In the event you commence arbitration, after Pure TalkUSA receives notice that you have initiated arbitration, Pure TalkUSA will promptly reimburse you for your payment of the filing fee and Pure TalkUSA will pay the JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
- 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.
- MISCELLANEOUS: This Agreement, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described in this Agreement or the brochure that are posted on a Pure TalkUSA website, and any documents expressly referred to herein or therein make up the complete agreement between you and Pure TalkUSA, and supersede 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. Section headings are for descriptive, non-interpretive purposes only. This Agreement is not for the benefit of any third party except Pure TalkUSA’s parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You have no other rights with respect to Service or this Agreement, except as specifically provided by law. 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 TalkUSA shall be released from all liability with respect to this Agreement. 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. Any notice to you or authorized users are treated as delivered to you when left with you, on your wireless device, or on your answering/voicemail service, when sent to any email or fax number you provided us, three (3) days after mailing the notice to the most current address we have on file for you, or upon posting on our website. In the event of a dispute between us, federal law and the laws of the State of Georgia, whether in litigation or arbitration and without regard to choice of law principles or conflicts of laws rules, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law. If any provision of this Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. We may deny a request for Service from you for any lawful reason. If any part of this Agreement, including any part of its arbitration provisions, is held unlawful, void, or for any reason unenforceable, that part may be severed from this Agreement and the remaining provisions of the Agreement shall remain in full force and effect. 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 instances. If you have any questions regarding your Service or information in this Agreement, contact Customer Service at puretalkusa.com/contact, by calling 1-877-820-7873, or by writing us at Pure TalkUSA, P.O. Box 2840, Covington, Georgia 30015.