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Trumpet Mobile We are Trumpet Mobile. In these terms and conditions, we use the words “we,” “us,” “our” or “Trumpet Mobile” to refer to Ready Wireless, LLC, d.b.a. Trumpet Mobile. Please read these terms and conditions carefully. If you have questions about your services or equipment, or the terms and conditions applicable to your services or equipment, call Trumpet Mobile Customer Service at 1-877-TRUMPET. Our Agreement With You. These terms and conditions are the terms and conditions on which we agree to provide, and you agree to accept, all services and products Trumpet Mobile makes available to you, including but not limited to your wireless services and wireless devices (collectively, “Service”). Your agreement with us concerning the Service (“Agreement”) includes these terms and conditions; any Trumpet Mobile rates, terms, and conditions linked to these terms via a website link; the terms and conditions that were contained in the box your phone came in (“Phone Box Terms”) and that are associated with your Service; the terms in any point of sale materials or packaging; and our business policies, practices, and procedures. In the event of a conflict between terms, terms on the website will govern. YOU ACCEPT THIS AGREEMENT WHEN YOU: (A) ATTEMPT TO OR IN ANY WAY USE ANY OF THE SERVICES; (B) PROVIDE YOUR WRITTEN OR ELECTRONIC SIGNATURE; (C) PAY FOR ANY SERVICES; OR (D) ACCEPT THROUGH AN ORAL OR ELECTRONIC STATEMENT. ACCEPTING THIS AGREEMENT MEANS THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT AND YOU ARE OBLIGATED TO COMPLY WITH THEM. You represent that you have the legal capacity to accept this Agreement. If you are purchasing for a company, you are representing that you are authorized to bind the company, and where the context requires, "you" means the company. Changes to Agreement. All changes to this Agreement and the terms of your Service will be posted on our website. We can change our business policies, practices, and procedures without notice to you. Unless otherwise prohibited by law, prices are subject to change without notice. Taxes, fees and other charges imposed by the government or based on government calculations as well as Trumpet Mobile surcharges may increase or decrease without notice. With notice, unless otherwise prohibited by law, we can also change any other terms in this Agreement or terms of your Service at any time. If we give you notice of changes to this Agreement or the terms of your Service, those changes will be effective 25 days after they are published on our website. If you choose to use your Service or make any payment to us on or after the effective date of the changes, you accept the changes. If the changes have a material adverse effect on you, however, you can end the affected Service by calling us within 30 days of the changes going into effect. Services are provided at our discretion and we may change or cancel Services at any time for any reason. Third-Party Services. Because you are a customer of Trumpet Mobile wireless services, you may be able to purchase or access products, services, or information from third parties (“Third Party Services”). When you purchase or access a Third Party Service, the rates, terms and conditions imposed by the third party providing the Third Party Service apply to your purchase or access of that Third Party Service. Click here to access the rates, terms and conditions applicable to Third Party Services. Separate consent to the rates, terms and conditions for these Third Party Services may be required. If you have questions regarding Third Party Services, call Trumpet Mobile Customer Service at 1-877-TRUMPET. Trumpet Mobile is not responsible for any Third Party Services, or for the rates, terms, or conditions applicable to any Third Party Service. Trumpet Mobile is not responsible for any opinions, advice, statements, services applications or other information obtained via a Third Party Service. Neither Trumpet Mobile, its vendors nor licensors guarantees the accuracy, completeness or usefulness of information that is obtained through Third Party Services. You are responsible for evaluating such content. Third Party Services are provided at our discretion and we may change or cancel Third Party Services at any time for any reason. The rates, terms, and conditions applicable to Third Party Services may change without notice. Using Trumpet Mobile Services. You agree that you will not use our Service in an unlawful, fraudulent or abusive manner or for any purpose that isn't allowed by this Agreement. You may not resell or lease our Services to anyone without our prior written approval. You are responsible for any use of our Services through any wireless device on your account including, but not limited to, use by children or minors. We strongly recommend that you closely monitor any such usage. Activating Service. Before we activate your account, you must have a positive balance in your prepaid wireless service account (“Prepaid Airtime Account”). The day you add money to your Prepaid Airtime Account it becomes active. In addition, you expressly authorize Trumpet Mobile or its agent to verify your identity whether you ultimately take Service from us or not. We may charge a nonrefundable activation fee, deposit, prepayment or other fee to establish and/or maintain Service. Your Wireless Phone. Your phone is any Trumpet Mobile device you use to receive our wireless voice or data service. It must be a Trumpet Mobile device, comply with Federal Communications Commission regulations, and be compatible with our network. We did not manufacture your phone and we are not responsible for any defects or for the acts or omissions of the manufacturer. The only warranties on your device are any limited warranties extended by the manufacturer directly to you or passed on to you through the vendor from whom you purchased the phone. At times we may change your phone's software or programming remotely and without notice. This could affect data you've stored on your phone or the way you've programmed your phone. You cannot use Trumpet Mobile phones with any other service or on any other network. Your Wireless Phone Number And Caller ID. You don't have any rights in any personal identification number, email address, or identifier we assign you; you may not modify, change or transfer any of these except as we allow or as allowed for by law. The same is true of your wireless phone number, except for any right you may have to port it. Your wireless phone number and name may show up when you call someone. If you do not want people you call to receive the number assigned to your phone, dial *67 each time you make a call.
Coverage. Under Trumpet Mobile's arrangement with Sprint ®, Trumpet Mobile customers have access to service anywhere on the Nationwide Sprint Network ®, reaching more than
280 million people.* Click here for available coverage areas for Service. Coverage areas may include coverage on the Network as well as coverage we make available to you through agreements with other carriers ("off network" or “roaming” coverage). There may be gaps in coverage within areas shown as covered on the maps. Actual coverage and quality of service may vary due to circumstances beyond our control, including network limitations, signal strength, interference from buildings and other structures and atmospheric conditions. Using Your Phone. Whenever you use your phone for any Service – e.g., for an incoming or outgoing telephone call; for accessing, sending or receiving text messages; or for data services, such as downloading games or ring tones -- you incur charges. Of course, when you call customer service, check your balance using the My Account feature, call 911, or use free promotional minutes or text messages, you will not incur a fee. Charges – In General. All rates are subject to change without notice. You agree to pay, or have your Prepaid Airtime Account debited for, all access, usage, and other charges and fees that you or the user of your phone accepted, even if you weren't the user of your phone and didn't authorize its use. You will be assessed charges based on the terms of your Service. These charges may include, without limitation, monthly recurring charges or charges based on actual usage (e.g., charges for telephone calls, data services, call forwarding, directory assistance, etc.). You can choose from two payment plans: “Pay As You Go” or “Daily Access.” The charges for telephone calls, data and download services, and messaging may be different depending on the plan you select. Telephone calls. You must pay for airtime on a per-minute basis for most telephone calls, including toll-free and operator-assisted calls (but not including calls to customer service). Airtime and other time-based usage charges are calculated from when your call is answered by the party you are calling. For voice calls received by your phone, you are charged from the time you answer the call until the call is terminated. On a call that crosses time periods, minutes are charged based on the billing period in which they occur. For example, a 20 minute call that begins in the daytime rate period and continues into the lower priced evening rate period will have each minute billed based on the period in which it falls. For billing purposes, call times are measured in whole minutes and rounded up to the next minute. Additional features and services such as directory assistance may have charges in addition to airtime charges. Features such as call waiting or 3-way calling involve multiple calls and multiple charges. Data and Download Services. When you download content or other data such as ringers, games, or graphics, you will incur a download charge in most instances. Messaging. When you send or receive a text or picture message, you will incur a charge in most instances. Charges - Pay As You Go Plan Pay As You Go Plan. Airtime for Family-to-Family telephone calls is charged at $0.10 per minute. Family-to-Family calls are calls made to or from another Family Plan Member within your Family Plan. To sign-up for the Family Plan, please refer to the Quick Start Guide, click here, or call Customer Care. Airtime for all other telephone calls, except calls to Customer Care, 911, or 611, is charged at $0.20 per minute. Calls to Customer Care, 911, and 611 are free. The additional charge for directory assistance is $1.50 per call. For data and download services, the download charge will be $1.99 or more, depending on the download. There is no charge for the My Account feature (available on select Trumpet Mobile phones). By using the “Trumpet Web” service, you agree to pay a recurring charge of $1.99 each month. You can cancel Trumpet Web service anytime by calling Customer Service. On the Pay As You Go Plan, your account will be debited for each text message sent or received at a rate of $0.10 per message. Your account will be debited for each picture message sent or received at a rate of $0.25. Charges – The 10 cent Plan. Airtime for all telephone calls on The 10 cent Plan is charged at $0.10 per minute with the exception of calls to Customer Care, 911, or 611. Calls to Customer Care, 911, and 611 are free. The additional charge for directory assistance is $1.50 per call. For data and download services, the download charge will be $1.99 or more, depending on the download. There is no charge for the My Account feature (available on select Trumpet Mobile phones). By using the “Trumpet Web” service, you agree to pay a recurring charge of $1.99 each month. You can cancel Trumpet Web service anytime by calling Customer Service. On The 10 cent Plan: your account will be debited for each text message sent or received at a rate of $0.05 per message. Your account will be debited for each picture message sent or received at a rate of $0.25. In addition, for each day that you make or receive a telephone call for which you incur a charge, you will also be charged a daily access fee of $0.50. No more than one (1) daily access fee will be charged for any one (1) calendar day. Additional Terms Applicable to International Services – All Plans. You can use your Trumpet Mobile phone to originate phone calls only inside the U.S. When calling to locations outside the U.S., additional charges will apply regardless of plan. You may be required to dial additional numbers to make an international call. International rates vary and may change without notice. Calls to international cellular termination points may be billed at higher rates. Restrictions on certain countries apply. For a listing of countries you can call using your Trumpet Mobile phone and the applicable international rates, click here or call Customer Service. Taxes, Fees, And Surcharges. You agree to pay all taxes, fees, and surcharges. Applicable taxes, fees, and surcharges may be debited from your account when you use your Service. We may not always give advance notice of changes to these items. Our surcharges may include charges that we collect and keep to pay for the costs of complying with government programs such as universal service, number pooling, number portability, and 911 service. We set these charges. They aren't taxes, aren't required by law, may be kept by us in whole or in part, and are subject to change. Disputed Charges. Disputes concerning debits from your Prepaid Airtime Account must be raised within 14 days of the date of the disputed debit. You accept all debits not disputed in this time period. Within 30 days we will review any claim to determine if an error has been made and, if appropriate, credit your account accordingly. Disputes can only be made by writing us. Prepay Reloads. You may check your Prepaid Airtime Account balance at any time by calling Customer Service, by visiting www.trumpetmobile.com, or using the My Account feature on select Trumpet Mobile phones. To reload your Prepaid Airtime Account, purchase a Trumpet Mobile airtime reload card from an authorized retailer. Trumpet Mobile reloads can only be used with Trumpet Mobile phones. Credits cannot be transferred from one account to another except between phones or accounts within a single Family plan. Credits to your Prepaid Airtime Account will be valid for a limited time after being posted to your account, in accordance with the expiration date provided in conjunction with your purchase. If you purchase additional minutes for your Prepaid Airtime Account before existing minutes expire, all minutes will be subject to the new expiration date, or to the existing expiration date if the new expiration date precedes the existing expiration date. When the minutes in your account expire or fall to zero, your Prepaid Airtime Account will become inactive. If your account balance falls to zero while you are on a call, the call will be disconnected. If your Prepaid Airtime Account is inactive, you will not be able to utilize your wireless device for any purpose except to call 911 emergency services or Customer Service. If your Prepaid Airtime Account becomes inactive, you have a grace period of 90 days during which you may reload your account and begin using your phone again. If you have not reloaded your account by the end of the grace period, we will de-activate your account and you may lose your phone number. If you wish to use our wireless services after your account has been de-activated, call Customer Service to reactivate your account. We cannot ensure that the same phone number will be available. Limits On Messaging. We may impose limits on the number of voicemail, text, email or other messages that can be retained through your account. Legitimate messages may be interrupted by software aimed at prevention of unsolicited bulk email, text messages or the like (“Spam”). We do not permit sending Spam. Trumpet Mobile will terminate your service if we determine that you have used your phone to send Spam. Trumpet Mobile Rewards Program. For information on the Trumpet Mobile Rewards Program, click here. Lost or Stolen Equipment. If your phone is lost or stolen, please notify us immediately by calling Customer Service. We may grant a suspension of Service but until we do so you're still responsible for all fees and charges. You agree to cooperate with us in investigating suspected unlawful or fraudulent use. Termination or Suspension of Services. We can, without notice, limit, suspend, or end your Service or our Agreement with you for improper use of our products or services or for any violation of this Agreement including, but not limited to: (a) failing to maintain a positive account balance; (b) lying or making a misrepresentation to us; (c) interfering with our operations; (d) breaching this Agreement; (e) “spamming,” or other abusive messaging or calling; (f) modifying your wireless phone from its manufacturer's specifications; (g) providing identifying information we can't verify; (h) using your Service in a way that adversely affects our network or other customers; (i) allowing anyone to tamper with your wireless phone number; or (j) harassing our employees or agents. We can also temporarily suspend your Service if we detect unusual activity and suspect fraudulent use or for any operational or governmental reason. Number Portability. You may be able to take, or “port,” your current wireless phone number to another service provider. If you request your new service provider to port a number from us, and we receive your request from that new service provider, we'll treat it as notice from you to terminate the Services we provide to you in connection with that number upon successful completion of porting. You must have an active Trumpet Mobile account to transfer your phone number. If your Prepaid Airtime Account is de-activated, we may assign your phone number to a different customer. If you transfer your number away from us, the terms of this Agreement still apply. If you wish to port your phone number from another company to a Trumpet Mobile phone, please contact Customer Service. If a request to port your number to Trumpet Mobile is not successful, you may be responsible for any discounts provided to you in connection with the purchase of your phone. Refunds and Returns. Equipment return policies may vary depending upon the retailer that sold you the Trumpet Mobile phone. Equipment returns must be accompanied by the original receipt plus all equipment materials. Credit remaining in your Prepaid Airtime Account at the time of equipment return will not be refunded. There are no refunds or returns on credits that you purchase to reload you Prepaid Airtime Account. TTY Access. A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY doesn't work with all devices. If you have a TTY-capable device, it may not function effectively, or at all, when attempting 911 calls and should not be relied on for such calls. Use of Your Information. For information about our use of your information, please click here for our privacy policy. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OF WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE SERVICES. EACH SERVICE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOES NOT DEPRIVE YOU ON ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. Limitation of Liability/Indemnification. NEITHER WE NOR OUR VENDORS, SUPPLIERS OR LICENSORS ARE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) ANY ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY; (B) PROVIDING OR FAILING TO PROVIDE SERVICES, INCLUDING DEFICIENCIES OR PROBLEMS WITH YOUR WIRELESS DEVICE, OUR NETWORK COVERAGE OR SERVICES (E.G., DROPPED, BLOCKED, INTERRUPTED CALLS/MESSAGES, ETC.); (C) TRAFFIC OR OTHER ACCIDENTS, OR ANY HEALTH-RELATED CLAIMS ALLEGEDLY ARISING FROM THE USE OF SERVICES, ANY WIRELESS DEVICES OR RELATED ACCESSORIES; (D) CONTENT OR INFORMATION ACCESSED WHILE USING OUR SERVICES, SUCH AS THROUGH THE INTERNET; (E) INTERRUPTION OR FAILURE IN ACCESSING OR ATTEMPTING TO ACCESS EMERGENCY SERVICES FROM YOUR PHONE, INCLUDING THROUGH 911, E911 OR OTHERWISE; OR (F) EVENTS DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD (INCLUDING, WITHOUT LIMITATION, WEATHER-RELATED PHENOMENA, FIRE OR EARTHQUAKE), WAR, RIOT, STRIKE, OR ORDERS OF GOVERNMENTAL AUTHORITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, OR TORT, OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. YOU AGREE TO INDEMNIFY US FOR ANY CLAIMS BY THIRD PARTIES AGAINST US ARISING OUT OF THE USE OF OUR PRODUCTS OR SERVICES. IF ANOTHER WIRELESS CARRIER IS INVOLVED IN ANY PROBLEM (FOR EXAMPLE, WHILE YOU ROAM), YOU ALSO AGREE TO ANY LIMITATIONS OF LIABILITY IN ITS FAVOR THAT IT IMPOSES. Mandatory Arbitration of Disputes. IN THE EVENT OF A DISPUTE, INSTEAD OF SUING IN COURT, YOU AND TRUMPET MOBILE AGREE TO SUBMIT ANY CLAIM FOR FINAL, BINDING ARBITRATION IN THE STATE OF CALIFORNIA, LOS ANGELES COUNTY BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE PART OF THIS AGREEMENT BY REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT WWW.ADR.ORG. WE AGREE TO PAY OUR RESPECTIVE ARBITRATION COSTS, EXCEPT AS OTHERWISE REQUIRED BY RULES OF THE AAA, AS APPLICABLE, BUT THE ARBITRATOR CAN APPORTION THESE COSTS AS APPROPRIATE. WE ALSO EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT: (1) EXCEPT FOR QUALIFYING SMALL CLAIMS COURT CASES, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS SERVICE WITH US OR ANY OF OUR AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETTLED BEFORE THE AAA; (2) THIS PROVISION DOES NOT PREVENT YOU OR US FROM BRINGING A CLAIM IN A SMALL CLAIMS COURT OR BEFORE A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY; (3) A SINGLE ARBITRATOR ENGAGED IN THE PRACTICE OF LAW WILL CONDUCT THE ARBITRATION; (4) ALL EXPEDITED PROCEDURES PRESCRIBED BY THE APPLICABLE RULES WILL APPLY; (5) THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION; (6) IF ANY PARTY FILES A JUDICIAL OR ADMINISTRATIVE ACTION ARBITRATIONS ASSERTING A CLAIM THAT IS SUBJECT TO ARBITRATION AND ANOTHER PARTY SUCCESSFULLY STAYS SUCH ACTION OR COMPELS ARBITRATION, THE PARTY FILING THAT ACTION MUST PAY THE OTHER PARTY'S COSTS AND EXPENSES INCURRED IN SEEKING SUCH STAY OR COMPELLING ARBITRATION, INCLUDING ATTORNEYS' FEES; (7) AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF; (8) IF FOR SOME REASON THESE ARBITRATION REQUIREMENTS DON'T APPLY, OR A CLAIM PROCEEDS IN SMALL CLAIMS COURT, WE EACH WAIVE ANY TRIAL BY JURY; AND (9) THIS AGREEMENT DOESN'T PERMIT CLASS ARBITRATIONS. BOTH PARTIES ACKNOWLEDGE THAT BY AGREEING TO THIS SECTION, WE WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN CLASS ACTION LITIGATION. Miscellaneous. Waivers. A waiver of, or failure to enforce, any part of this Agreement in one instance isn't a waiver of any other part or any other instance. Notices. Notices by us are considered delivered when we send them to any email or fax number you've provided to us, or 3 days after mailing to the most current billing address we have on file for you, or upon posting on our website. You may notify us by calling Customer Service, or contact Customer Service to get our current address for written notice. Severability. If any part of this Agreement, including any part of its arbitration provisions, is held invalid or unenforceable, that part may be severed from this Agreement, but the remaining portions of this Agreement will remain in effect. Entire Agreement. This Agreement, which includes but is not limited to these terms, the Phone Box Terms, and any Trumpet Mobile rates, terms, and conditions linked to these terms via a website link, forms the entire agreement between us with respect to the Services. You can't rely on any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to Service or this Agreement, except as specifically provided by law. Third Party Beneficiaries. This Agreement isn't for the benefit of any third party except our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. Choice of Law. Except to the extent we've agreed otherwise, this Agreement and disputes covered by it are governed by federal law and the laws of the state of Delaware, without regard to choice of law principles or the conflicts of laws rules of that state. Section Headings. Section headings are for descriptive, non-interpretive purposes only. Call Monitoring. For training or quality assurance, we may monitor or record our calls with you. © 2007 Ready Wireless LLC. All rights reserved. |
Trumpet Mobile
Terms & Conditions of Service