Welcome to Figgers Wireless. We are pleased that you have selected us as your wireless service provider. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and Figgers Wireless.
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.
This is an Agreement between you and Figgers Wireless, and our assignees and agents.
You accept these Terms and Conditions by doing any of the following things:
If you don’t want to accept these Terms and Conditions, don’t do any of these things. When you accept, you’re telling us that you are of legal age and that you are able to enter into a contract. If you accept for an organization, you’re telling us that you are authorized to bind that organization, and references to “you” in these Terms and Conditions may mean the organization.
By purchasing, activating, and/or using any Figgers Wireless product (“Product”) or the wireless services provided by Figgers Wireless (“Service”), you acknowledge and agree to these Terms and Conditions of Service. Figgers Wireless reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at figgers.com. Because these Terms and Conditions of Service are subject to change at any time, you should always check our website for the most current Terms and Conditions of Service.
For assistance, please contact Figgers Wireless Customer Solution at 1-800-223-5435.
To use Figgers Wireless Service, you must first purchase a Figgers Wireless phone or a Figgers Wireless
Activation Kit (“Activation Kit”) that can be used to activate any phone that is compatible with Figgers Wireless Service under the Bring Your Own Device program. To activate your phone, you must also purchase a Figgers Wireless plan (“Plan”). For more information about our Plans visit our website.
You may activate your Service by visiting our website at figgers.com or by calling our Customer Solution from a phone other than the one you intend to activate. If you have purchased an Activation Kit to activate your own phone, follow the instructions that came with the Activation Kit to activate your Service. When you activate your Service, you will be provided with a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with former provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service, and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice to you.
When you activate the Service, you will have the option of registering with us and creating a customer account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.
Figgers Wireless Service can only be activated where Figgers Wireless Service is offered and supported by Figgers Wireless. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by Figgers Wireless are owned and operated by licensed commercial mobile radio service provider, Figgers Communication Inc. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a Figgers Wireless customer will notice little, if any, effect from having lower priority. This will be the case in the majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a Figgers Wireless customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.
If you are activating your own compatible phone under the Bring Your Own Device Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Bring Your Own Device program. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on Smartphones or on phones activated under the Bring Your Own Device program. Except for Figgers Wireless Mobile Hotspots and tablets activated under the Bring Your Own Tablet program (please see Section II), devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your Service without a refund.
We may, at any time and without prior notice to you, modify, cancel, and/or deactivate your Service and/or take other corrective action, for any reason in our sole discretion, including, your violation of these Terms and Conditions of Service. Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone. All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate.
Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service you agree that you are consenting to the latest Figgers Wireless Terms and Conditions of Service. Any Service which remains unused at the time of termination cannot be refunded or transferred to another person.
We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:
Your phone will only have Service after you have purchased and redeemed a Plan and so long as you have Service days left on your Plan cycle. All Plans come with a certain number of days of Service (“Service Days”) per Plan cycle. You will have Service under your Plan so long as you do not reach your maximum allotment of minutes or data (to the extent they are capped) and so long as you have Service Days left on your Plan cycle. The Services that come with our Plans (e.g., talk, text and data) vary and change from time to time. Please also note that some Plans may only work with basic phones and are not intended for smartphones and a phone you activated with Figgers Wireless under the Bring Your Own Phone program. For the latest information about our Plans, including, any limitation that may apply please visit our website at figgers.com or call Customer Solution.
All Plans include unlimited nationwide calling, text messaging and a fixed amount of high-speed data at 4G speeds for each Plan cycle depending on which Plan you select. 4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. If your Plan comes with a fixed amount of high-speed data, your data speed will be reduced to as low as 64 kbps for the remainder of your Plan cycle after you have reached your high-speed data limit. Your data speed will be restored once your next Plan cycle begins unless you purchase a new Plan prior to the start of your next Plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. Data transmitted over Wi-Fi does not count against your data usage.
Service Days. As mentioned above, all Plans come with varying amounts of Service Days. Once you start a new Plan cycle, you will lose any unused minutes, data, and Service Days remaining under your current Plan. You will not receive a refund or credit for any unused minutes, data or Service Days once you begin a new Plan cycle.
Service End Date. To keep your Service active, you must purchase and redeem a Plan prior to your Service End Date. Your Service End Date is the last day of your Plan cycle and is determined by the date on which you activated your Service by redeeming a Plan. If you fail to redeem a new Plan prior to your Service End Date, your Account will be deactivated on your Service End Date and, if applicable, you may lose your phone number. To prevent this from occurring, please keep your Service active by purchasing a Plan before your Service End Date. Notwithstanding your Service End Date, Figgers Wireless reserves the right to discontinue your Service and deactivate any Account for which there is no usage for a period of six (6) consecutive months for smartphones and twelve (12) consecutive months for basic phones. If your Account is deactivated, it may be reactivated by purchasing and redeeming a new Plan. Once reactivated, you will be assigned a new phone number. Service under a Plan which remains unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date for basic phones and within thirty (30) days for smartphones, otherwise any unused Service under a Plan you purchased will be lost.
Figgers Wireless Auto-Pay. You may enroll in Auto-Pay by registering your credit or debit card at figgers.com and selecting the Plan you wish to purchase on a recurring basis. When you enroll in Auto-Pay, a new Plan will be automatically purchased and redeemed to your Account at the end of your Plan Cycle and your credit or debit card will be automatically charged for the cost of the Plan you elected to purchase on a recurring basis.
Billing. You will not have access to detailed usage records for most Services, and we will not provide you with monthly bills. You may access your account on our website, on your Device, or by visiting a store. We will attempt to send you monthly SMS reminders of your account status, but we cannot guarantee that you will receive them or that you will receive them before your account is suspended or cancelled.
Figgers Wireless does not participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than Figgers Wireless. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs through the use of a wireless phone.
You should not attempt to participate in Premium SMS campaigns, unless it is a Figgers Wireless authorized campaign. Any charges you may incur as a result of an attempt to participate in Premium SMS services or campaigns (not authorized by Figgers Wireless) are not refundable. Some Figgers Wireless Phone Models do not support text messaging to e-mail addresses.
All Figgers Wireless Plans provide data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including, but not limited to, (i) opening an internet browser or accessing a website, (ii) sending, receiving, or downloading emails, documents, pictures, multi-media messages and other content, (iii) downloading, updating, or using an app; or (iv) if internet access is initiated in any other way or for any other purpose.
Some apps, content, programs, and software that you download or that come pre-loaded on your phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. We will deduct all Data Usage from the amount of high-speed data provided by the Plan you purchased whenever your Phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your Phone, will count against your data balance.
Not all of the online content which is accessible to one using Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.
Availability, Interruptions, and Discontinuation to Data Services. Figgers Wireless does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate, or reduce your data speed without notice. Figgers Wireless is not responsible and will not be liable for any modifications, interruptions, or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued, or terminated, Figgers Wireless will not provide you with a refund for any remaining used or unused Data Services.
Your Service (i.e., voice, text, or data services) may only be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, and (c) web browsing, email, ordinary content downloads and uploads, and video and audio streaming without excessively contributing to network congestion.
Your Service may not be used in connection with certain unauthorized uses that may adversely impact other customers using our Service or network. Examples of some unauthorized uses include, but are not limited to, the following:
A customer engaged in any unauthorized use may have their Service suspended and/or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using their Service in an unauthorized manner or whose usage, in our sole discretion, adversely impacts our network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is harmful or disruptive to our network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.
You will find Coverage Maps on our website. These maps are for general informational purposes only. The coverage maps depict the general coverage area of Figgers Wireless. The coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower Mobile Web Service and data speeds or no Mobile Web Service or data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Figgers Wireless coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the Figgers Wireless plan you select. Figgers Wireless is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
Depending on the Carrier’s network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, Figgers Wireless does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, Figgers Wireless reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12-month period. International roaming is not offered by Figgers Wireless and is strictly prohibited.
Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.
If you are in an area where your Service is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Service in an emergency. In an emergency, locate the nearest landline phone and call for help.
Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.
For the most recent information on Figgers Wireless Data Service Plans please visit our website. Plans are subject to change. Data Service Plans are for use with Hotspots and BYOT devices only. All other Service Plans associated with other Figgers Wireless products will not work with your Figgers Wireless Hotspot or BYOT device. Plans include data and service days only. Voice, text and messaging services are not provided or included.
Plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All data amounts as quoted are approximate. Plans are available at Walmart stores and online. You may be charged applicable taxes and fees at the time of purchase in certain areas. Each Plan comes with a specified amount of data and Service days as disclosed at the time of purchase. Service begins on the day you add the Services to your Hotspot or BYOT device or, if the Plan is placed in your Reserve, then on your Service End Date. Plans do not expire except as specifically permitted by law. See below for more information regarding Reserve.
Figgers Wireless Reserve: With Figgers Wireless Reserve, you may purchase and add Figgers Wireless Data Service Plans to your Figgers Wireless Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your Figgers Wireless Reserve at any time through “My Account.” All Service Plans you redeem are automatically applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan to your Figgers Wireless Reserve, the Plan in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.
While up to ten (10) devices may be connected to your Hotspot at one time, a single connected device will experience optimal speeds. Performance will be reduced if multiple devices access data through the Hotspot simultaneously. Actual data speed, availability and coverage will vary based on device capabilities, usage, your location and network availability. Service is not available while roaming.
Your Figgers Wireless Hotspot and BYOT device or service has security limitations. Figgers Wireless is not responsible for any breach or loss of security from your Figgers Wireless Hotspot or connected device. Your BYOT device may not be password protected as a default. You are responsible for adding password protection, if available on your device. Some functions and features referenced in the User Guide provided with your Figgers Wireless Hotspot or device connected to your Figgers Wireless Hotspot or your BYOT device may not be available.
Data usage is measured in bytes, kilobytes (KB), megabytes (MB) and gigabytes (GB). Bytes are rounded up to the next KB with rounding occurring during and/or at the end of the data session. All data that is directed to your device’s internet address, including data sessions that you do not initiate or complete, are counted against your data usage. Examples of data that will count as part of your data usage are: sending or receiving email, documents, pictures or other files; multimedia streaming (music and video); file uploads and downloads; gaming services, graphics and applications; web page graphics (including logos, pictures, banners, advertisements and updates to any of the aforementioned); automatic device updates and any other automatic updates; any additional data necessary in order to access, transport and route files on the network; data associated with incomplete or interrupted downloads; and data associated with unsuccessful attempts to upload or download a file, reach a website, use an application or complete an online form or purchase; and any data that is re-sent (such as when refreshing a page or browser). Data usage includes all data that is downloaded, even though you may not have listened to or watched the entire download. The data that is consumed and applied against your data usage is in addition to any charges you may incur for purchased data content (such as the cost associated with purchasing music, games, apps, movies, etc.). The amount of data consumed and calculated as your data usage will vary significantly even with respect to identical actions and data sessions. Estimates of data usage such as the size of downloaded files are not accurate indicators of actual data consumed during a session.
To see the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase. Figgers Wireless does not allow returns or provide refunds for any Activation Kits or Plans you may have purchased.
Store Purchases. If you purchased a Figgers Wireless phone from a retailer or wireless dealer (and not from Figgers Wireless directly either by phone or online), your Phone purchase is subject to that retailer’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase.
Online Purchases from Figgers Wireless. If you purchased your Figgers Wireless phone from Figgers.com, you have fifteen (15) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us.
To be eligible for a return you must meet the following requirements:
If anything is missing or device is not in like-new condition, your shipment may not be accepted. If a device has physical or liquid damage it cannot be returned and a credit will not be issued. Figgers Wireless will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.
If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the difference in price between the phone you are returning and the new phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone.
For Customers with Figgers Wireless Phones Capable of Being Unlocked: Figgers Wireless will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
For Customers with Figgers Wireless Phones Not Capable of Being Unlocked: Figgers Wireless will provide customers with a partial refund or credit against the purchase of a new Figgers Wireless phone if they meet the following conditions:
After an eligible customer contacts Figgers Wireless to request the trade-in value of his or her phone, Figgers Wireless will provide a prepaid mailer for the customer to return the used, locked phone. Upon receipt of the phone, Figgers Wireless will send the customer a check for the trade-in value of the phone. The trade-in value is determined by a formula reached through agreement with the FCC. Eligible customers may elect to have the trade-in value of their phone applied to the cost of a new Figgers Wireless phone that is capable of being unlocked.
Customers who would like to check if they are eligible or submit an unlocking request can do so through an online portal at the Figgers Wireless website or by calling 1-800-223-5435.
Figgers Wireless may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Figgers Wireless or its customers. Figgers Wireless’ Unlocking Policy is subject to change at any time without advance notice.
You agree to pay all Charges we assess and bill you or that were accepted or processed through all Devices on your account. You agree to provide us with accurate and complete billing information and to report all changes within 30 days of the change.
You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to these charges.
You agree to pay all surcharges applicable to your Plan. Surchages are not mandated or imposed on you by law, there are Figgers Wireless Charges that are determined, collected, and retained by us. The components and amounts of the surcharges are subject to change without notice. Surcharges include charges, costs, fees, and certain taxes that we incur to provide service. Surcharges assessed to you will vary depending on the type of Service and Plan you have. Surcharges may change from time to time without notice regardless of any rate plan.
Figgers Wireless may charge a late fee. We may also charge a returned payment fee. We may restrict your payment methods to cashier’s check, money order, or other similar secure forms of payment at any time for good reason. If you fail to pay on time and we refer your account to a third party for collection, a collection fee will be assessed by Figgers Wireless and will be due at the time of the referral to the third party. The fee will be calculated as a percentage of the amount due to the extent permitted, or not otherwise prohibited, by applicable law. If we accept late or partial payments, you still must pay us the full amount you owe, including late fees. Late payment, non-payment and/or collection fees are intended to be a reasonable advance estimate of our actual costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. You and we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or costs of collection permitted by law or this Agreement. If your account is unpaid or otherwise not in good standing, your service may be reduced, suspended, or terminated.
DISCLAIMER OF WARRANTIES FIGGERS WIRELESS PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT FIGGERS WIRELESS WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION VI (LIMITED WARRANTY), FIGGERS WIRELESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE.
You acknowledge and agree that use of any Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of Figgers Wireless’control. Not all Products or Services (including Plans) are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical, and other conditions. Figgers Wirelessdoes not warrant or guarantee the availability of the Service or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Figgers Wireless shall have any liability for Service failures, outages, interruptions, delays, or limitations of Service. All aspects of the Service, including, Plan rates, offerings, features, functionality, and other product specifications are subject to change without notice or obligation. At any time Figgers Wirelessreserves the right to substitute and/or replace any Product or Service with another Product or Service of comparable quality.
IN NO EVENT SHALL FIGGERS COMMUNICATION INC., D/B/A FIGGERS WIRELESS OR ITS EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS WILL BE LIABLE TO YOU OR OTHER USERS OF YOUR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR ENHANCED DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES CLAIMED
FOR LOSS OF PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION) HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED).
WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, FIGGERS WIRELESS, ITS EMPLOYEES,VENDORS, SUPPLIERS, AND LICENSORS LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree that neither we nor our employees, vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide a Service, including, but not limited to, deficiencies or problems with a Phone or Service coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Products or Service; (e) content or information accessed on your Phone while using our Products or Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (j) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
You agree to indemnify and hold harmless Figgers Communication Inc., d/b/a Figgers Wireless and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party including the costs, expenses, and attorneys’ fees on account thereof arising from or related to your use of a FCI Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
By accepting these Terms and Conditions, you are agreeing to resolve any dispute with us through binding arbitration or small claims dispute procedures, and to waive your rights to a jury trial and to participate in any class action suit. For additional terms and conditions governing a dispute between us, including how to dispute Charges assessed to you on your bill, choice of law, disclaimers of certain warranties, limitations of liabilities, and your indemnification obligations, visit www.figgers.com.
For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim. The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with our agreement in these Terms and Conditions, in which case these Terms and Conditions will govern. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action.
Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-800-223-5435. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision.
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
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