California Terms and Conditions

Introduction

Access Wireless is brought to you by i-wireless LLC, an Eligible Telecommunications Carrier (“ETC”) for the government-funded LifeLine Assistance program supported by the California LifeLine Program and the federal Universal Service Fund program (“LifeLine Assistance”).  In California, the California LifeLine Program is administered by the California Public Utilities Commission and its designee, the California LifeLine Administrator.  The California LifeLine program is funded by California ratepayers and is subject to all applicable California and federal laws.  i-wireless LLC provides the Access Wireless mobile telecommunications services using Access Wireless phones provided free of charge, select i-wireless phones purchased from the Kroger family of store locations or an authorized retailer, or customer-supplied phones.

Basic Definitions

In this document:  (1) “we,” “us,” “our” and “Access Wireless” mean i-wireless LLC; (2)  “you,” “your,” “customer,” and “user” mean an account holder or user with us;  (3)  “Device” means any phone, airtime card, mobile broadband device, any other device, accessory, or other product that we provide you, we sell to you, or is active on your account with us;  (4) “Service” means our offers, rate or service plans, options, wireless services, billing services, applications, programs, products or Devices on your account with us.  “Service(s)” also includes any other product or service that we offer or provide to you that reference these General Terms and Conditions of Service (“T&C’s”).

The Service Agreement

These T&C’s are part of your service agreement with us (the “Agreement”) and constitute a contract under which we provide you Services under terms and conditions that you accept.  THIS CONTRACT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.   In addition to these T&C’s, there are several parts of the Agreement, which include, but are not limited to the following:  (i)  the Access Wireless application;  (ii)  the subscriber agreement or transaction materials that you sign or accept;  (iii)  the plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any in-store brochure or printed materials, the requirements and terms set forth in the current Agreement and transaction materials apply, excluding service plan features such as pricing or minute, message and data allocation);  (iv)  any confirmation materials that we may provide to you; and (v)  the terms set forth in the coverage map brochures.  It is important that you carefully read all of the terms of the Agreement.

Additional Terms

Additional terms will apply when you use certain applications, programs, Devices, and service, and these terms may come from Access Wireless or a third party.  You are subject to any terms provided by the third party, and the terms are directly between you and that third party.  Access Wireless is not responsible for these third-party items and associated terms.

Our Policies

Services are subject to our business policies, practices, and procedures (“Policies”).  You agree to adhere to all of our Policies when you use our Services.  Our Policies are subject to change at any time with or without notice. 

When You Accept the Agreement

You must have the legal capacity to accept the Agreement.  When you accept the Agreement, you promise that you are at least 18 years old or an emancipated minor who is eligible to receive a LifeLine benefit, and meet the eligibility standards.  You accept the Agreement when you do any of the following:  (a) accept the Agreement through any printed, oral or electronic statement, for example, on the Web by electronically marking that you have reviewed and accepted; (b) activate a Device;  (c) attempt to or in any way use the Services; or (d) open any package or start any program that says you are accepting the Agreement when doing so.  If you do not want to accept the Agreement, do not do any of these things. 

Service Activation

To activate the Service, you must activate your Access Wireless Device.  To establish an account balance, pay subscription charges or make any other appropriate payments, follow the instructions provided with the equipment at www.accesswireless.com or through Access Wireless Customer Care.

Availability

Access Wireless is only available for activation by customers who reside in the areas in which i-wireless, or, in certain cases, an affiliate has been designated as an ETC.  Your principal residence address must be within an i-wireless ETC designation service area.  Visit www.accesswireless.com to check whether you reside in an i-wireless ETC service area.  To be eligible for Access Wireless service, you must meet the applicable eligibility standards described below, which may be amended from time to time.  Access Wireless is not authorized to offer service to customers living on Tribal Lands.

Eligibility

The California Public Utilities Commission provides a website with information on eligibility for California Lifeline benefits.  Access Wireless is not responsible for the content of this website.  A link to the website is below. 

https://www.californialifeline.com/en/eligibility_requirements

One LifeLine Benefit Per Household

LifeLine Assistance is limited to one per household, consisting of either wireline or wireless service.  A household is defined, for purposes of the LifeLine program, as any individual or group of individuals who live together at the same address and share income and expenses.  A household is not permitted to receive LifeLine benefits from multiple providers.  Violation of the one benefit per economic household rule constitutes a violation of the federal rules and will result in de-enrollment from the LifeLine program and potentially prosecution by the United States government.  You consent to have your personal identification information, including name, telephone number and address shared with the Universal Service Administrative Company (USAC), the LifeLine Program administrator, your state Public Service Commission, Public Utility Commission or other agency administering the Access Wireless LifeLine Program in your state for the purpose of confirming that neither you nor your household receive more than one LifeLine benefit.  If you or any member of your family unit receives LifeLine Assistance from any other telephone company, you are responsible for notifying your current service provider that you have been approved for LifeLine Assistance through Access Wireless.

Eligibility is Personal

Eligibility for Access Wireless is personal to you.  You may not transfer, to any third party, any of your rights or benefits received under the Access Wireless service, including, but not limited to, any voice minutes received under the Access Wireless service.

Consent to Disclosure of Information

By completing the Access Wireless application, you consent to the release of your information (including financial information) to our designated agent for the administration of your Access Wireless service.  This consent survives the termination of this Agreement.  You further authorize Access Wireless to discuss with, or access, information from state or federal agency representatives concerning your eligibility for, and participation in the LifeLine Assistance program.  Access Wireless reserves the right to review your eligibility status at any time and require you to provide Access Wireless with written documentation of either your household income or your participation in a qualifying federal or state program. 

Our Right to Change the Agreement and Your Related Rights

We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, coverage, technologies used to provide services, or your terms of Service.  We will provide you notice of material changes – and we may provide you notice of non-material changes – in a manner consistent with this Agreement (see “Providing Notice to Each Other Under the Agreement” section).

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 the change.  Do not access or use our Services after the effective date of the change if you decide to reject the change and terminate Service.  You will not be entitled to any credit for the unused portion of your account balance if you decide to terminate Service in response to a change to the Agreement.

Our Right to Suspend or Terminate Services

We can, without notice, suspend or terminate any Service at any time for any reasonable cause.  For example, we can suspend or terminate any Service for the following:  (a) failure to have or maintain an appropriate account balance for applicable charges; (b) harassing/threatening/abusing/offending our employees or agents; (c) providing false or inaccurate information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device from its manufacturer specifications (for example, rooting the device); or (h) if we believe the action protects our interests, any customer’s interest, or our networks.

Access Wireless will provide 30-days’ notice before it withdraws from offering California LifeLine services.

Your Right to Change Services & When Changes Are Effective

The account holder can typically change Services upon request.  In some instances, changes may be conditioned on payment of certain charges.  The effective date of any changes will depend on our Policies, the old Services, and the requested Services.  We will not credit or refund any subscription or other changes as a result of a change in Services.  We may—but are not obligated to provide you the opportunity to authorize someone else to make changes to your Services.  You are responsible for any changes to your Services made by a person you authorize, and those changes will be treated as modifications to this Agreement.

Restrictions on Using Services

You can’t use our Services:  (a) in a way that could cause damage or adversely affect any of our other customers or our reputation, networks, property or Services; (b) in any way prohibited by the Terms of our Services, the Agreement, or our Policies.  You cannot in any manner resell the Service to another party.  For additional restriction on the use of our Services, see our Terms of Use Policy which is available on our website, and the detailed plan or other information on Services that we provide or refer you to during the application or sales process.

Your Device, Number & Email Address; Caller ID

We don’t manufacture any Device we might sell to you or that is associated with our Services, and we are not responsible for any defects, acts or omissions of the manufacturer.  The only warranties on your Device are the limited warranties given to you by the manufacturer directly or that we pass through.  Device performance may vary based on device specifications (for example, a device’s software, memory, and storage), and device performance may impact access to all of our Services.  This Device is sold exclusively for use with our Service and in other coverage areas that we may make available to you.  As programmed, it will not accept wireless service from another carrier, you have no—and cannot gain any (for example, through publication, use, etc.) -proprietary ownership, or other rights to any phone number, identification number, email address, or other identifier that we assign to you, your Device or your account.  We’ll notify you if we decide to change or reassign them.

Porting/Transferring a Phone Number

We do not guarantee that number transfers to or from us will be successful.  If you authorize another carrier to transfer a number away from us, then that is considered a request by you to us to terminate all of the Services associated with that number.  There is no charge to you for porting your number to another provider.

Important Information Limiting California Lifeline Discounts

Beginning June 1, 2017, the California LifeLine Program (California LifeLine) has a new limitation on consumers requesting the California LifeLine discounts for phone services.

New Limitation #1 = 30 Day Waiting Period for an Enrollment Request for the California LifeLine Discounts for Cell Phone Service

When a consumer submits an enrollment request to receive the California LifeLine discounts for cell phone service the consumer has to wait up to 30 days to submit another enrollment request. A consumer CANNOT have multiple enrollment requests for the California LifeLine discounts for cell phone service going at the same time. The 30-day waiting period ends when either 1) the California LifeLine Administrator sends the final eligibility decision, 2) the enrollment request is cancelled, or 3) the 30 days have passed since the enrollment request, whichever occurs first. After the 30-day clock stops, a consumer may then submit another enrollment request for the California LifeLine discounts for cell phone service, as applicable. A consumer can independently cancel an enrollment request by contacting the California LifeLine Administrator by phone at 877-858-7463 or going to Check Your Status at www.californialifeline.com. The cell phone company can also cancel an enrollment request.

Coverage

Our coverage maps are available on our website at www.accesswireless.com.  The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services that you’ve chosen.  Our coverage maps provide high-level estimates of our coverage areas when using Services outdoors under optimal conditions.  Coverage is not available everywhere.  Coverage and Service speeds may depend on the Service purchased.  Actual speeds will vary.  Estimating wireless coverage, signal strength, and Service speed is not an exact science.  There are gaps in coverage within our estimated coverage areas that –along with other factors both within and beyond our control (for example, network problems, network or Internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, actions of third parties, etc.) –may result in dropped or blocked connections, slower Service speeds, or otherwise impact the quality of Service.  Services that rely on location information such as E911 and GPS Navigation, depend on your Device’s ability to acquire satellite (typically not available indoors) and network coverage. While your Device is receiving a software update, you may be unable to use your Device in any manner until the software update is complete.

About Data Services & Content

Our data Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials (“Data Content”) or send Data Content elsewhere.  Some Data Content is available from our vendors, or us while other Data Content can be accessed from others (for example, third party websites, games, ringers, applications, etc.).  We make absolutely no guarantees about the Data Content that you access on your Device.  Data Content may be:  (1) unsuitable for children/minors; (2) unreliable or inaccurate; or (3) offensive, indecent, or objectionable.  You are solely responsible for evaluating the Data Content accessed by you or anyone through you Services.  We strongly recommend that you monitor your data usage by children/minors.  Data Content from third parties may also harm your Device or its software.  We are not responsible for any Data Content.  We are not responsible for any damage caused by any Data Content that you access through your Services, that you load on your Device, or that you request that our representatives access or load on your Device.  To protect our networks and Services or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.); impose separate charges; limit throughput or the amount of data that you can transfer; or otherwise limit or terminate Services.  If we provide you storage for Data Content that you have purchased, then we may delete the Data Content without notice or place restrictions/limits on the use of storage areas.  Data Content stored on a Device, transmitted over our networks, or stored by Access Wireless may be deleted, modified, or damaged.  You may not be able to make or receive voice calls while using Data Services.  Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.

Specific Terms & Restrictions On Using Data Services

In addition to the rules for using all of our other Services, unless we identify the Service or Device that you have selected as specifically intended for that purpose (for example, wireless routers, Data Link, etc.), you can’t use our Data Services: (1) with server devices or host computer applications, or other systems that drive continuous, heavy traffic or data sessions; (2) as a substitute or backup for private lines or frame relay connections; or (3) for any other unintended use as we determine in our sole discretion. We reserve the right to limit, suspend, or constrain any heavy, continuous data usage that adversely impacts our networks’ performance or hinders access to our networks. If your Services include Web or data access, you also can’t use your Device as a modem for computers or other equipment, unless we identify the Service or Device you have selected as specifically intended for that purpose (for example, with “phone as modem” plans, mobile broadband card plans, wireless router plans, etc.).

Software License

If Access Wireless provides you software as part of the Service and there are not software license terms provided with the software (by Access Wireless or by a third party), then Access Wireless grants you a limited, revocable, non-exclusive, non-transferable license to use the software to access the Services for your own individual use. You may not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. Access Wireless may revoke this license at any time.

PREINSTALLED APPLICATIONS:  We have preinstalled certain applications on our Devices, including but not limited to: (1) an Ad Moments Library and (2) a Search Widget. Access Wireless licenses these applications from third-party application developers, and they may be updated or modified at any time. Based on your interaction with these applications, Access Wireless may provide you with rewards, including free top-ups of voice minutes, text messages, or data; promotions and discounts; or other benefits.

Fees, Activation, & Miscellaneous Charges

Based on our Policies, we may charge activation, prepayment, reactivation, program, or other fees to establish, change, or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.

Based on our current Policies, Access Wireless imposes a $39 activation fee.  The California LifeLine program will reimburse this fee on your behalf only if you are either (1) establishing California LifeLine Service for the first time, or (2) switching from another California LifeLine service provider, whether wireline or wireless, to Access Wireless.  The California LifeLine program will not reimburse the activation fee more than twice annually.  When you apply for Access Wireless service, the Company will apply a company-funded credit to your account, and will waive the activation fee for each California LifeLine participant that is ineligible for reimbursement, so that you will not have to pay any portion of the activation fee for which California LifeLine Program reimbursement is not available.

Usage Charges

The types of charges that you incur will vary depending on the Service used and your service plan. You are responsible for the Services on your account and associated charges, including charges made by a person you permit to have direct or indirect access to your device even if you did not authorize its use. Charges may include, but are not limited to, prepayment for service charges; charges for additional services; and taxes, surcharges, and fees associated with your Services. For the actual usage charges applicable to your Service, see the detailed plan or other information we provide or refer you to during the application or sales process or on our website. Depending on your Services, charges for additional services may include operator and directory assistance, voicemail, call forwarding, data calls, texts, and Web access. If you (the account holder) allow end users to access or use your Device, you authorize end users to access, download, and use Services. You will generally be charged for use of Services before or at the time of use in accordance with your service plan. In certain instances, we may charge at some point after you use the Service. Rates that vary based on the time of access will be determined based on the location of the network equipment providing service and not the location of your device or your device’s area code (if applicable). Charges are generally deducted from your account balance (for example, pay-per-use charges, subscription charges, etc.), though in some instances you may be able to pay for certain Services through a credit card, debit card, or other payment method. If you have incurred charges or fees that were not charged prior to your account balance reaching a zero balance, we may deduct these outstanding, unpaid charges and fees from any subsequent amounts you add to your account balance.

Types of Charges

We typically assess the following types of charges: (1) “pay-per-use charges,” which are charges assessed each time a Service is used; (2) “subscription charges,” which are charges that allow you access to a Service or provide you a certain amount of use of a Service for a defined period of time. Subscription charges for Services end at 12:01 a.m., in the time zone in which your phone number is based, on the last day of your subscription period. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods; and (3) “download charges,” which are charges assessed when you download or access content, which we collect on behalf of ourselves or third-party content providers.

How We Calculate Your Charges

Regular Voice Calls: We round up partial minutes of use to the next full minute. Time starts when you press “Talk” or your Device connects to the network and stops when you press “End” or the network connection otherwise breaks. You’re charged for all calls that connect, even to answering machines, voicemail, or voice transcription services. You will not be charged for unanswered calls or if you get a busy signal. For incoming calls answered, you’re charged from the time shortly before the Device starts ringing until you press “End” or the network connection otherwise breaks. You’re charged for the entire call based on the rate that applies to the time period in which the call starts. However, the types of charges actually deducted from your account balance will vary depending on your Service. Call time data displayed on your device may be inaccurate and may not be relied upon for determining charges to your account. Calls are limited to two hours. The call will automatically terminate after two hours.

Data Usage: Depending on your Service, you may be charged for data usage. Unless we specifically tell you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes—not in minutes/time. 1024 bytes equal 1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are rounded up to KB, so you will be charged at least 1 KB for each data usage session (“data session”). Rounding occurs at the end of each data session and sometimes during a data session. Depending on your data Services, usage may be charged against an allowance or on a fixed price per KB, and you may be subject to limitations on the amount of data usage. If you are charged on a fixed price per KB, any fractional cents will be rounded up to the next cent. You are charged for all data directed to your Device’s Internet address, including data sessions you did not initiate and for incomplete transfers. As long as your Device is connected to our data networks, you may incur data charges. Examples of data for which you will be charged include the size of a requested file or Data Content (game, ringer, etc.); Web page graphics (logos, pictures, banners, advertisement, etc.); additional data used in accessing, transporting, and routing the file on our network; data from partial or interrupted downloads; re-sent data; and data associated with unsuccessful attempts to reach websites or use applications. These data charges are in addition to any charges for the Data Content itself (game, ringer, etc.). Data used and charged to you will vary widely, even between identical actions or data sessions. Estimates of data usage—for example, the size of downloadable files—are not reliable predictors of actual usage.

Taxes & Government Fees

You agree to pay all federal, state, and local taxes, fees, and other assessments that we’re required by law to collect and remit to the government on the Services that we provide to you. These charges may change from time to time without advance notice. If you’re claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.

California LifeLine participants are exempt from taxes and surcharges, CPUC user fee, federal excise tax, local franchise taxes, and State 911 tax associated with telephone service.  California LifeLine participants are not required to purchase bundled plans with video, data and/or other services in order to receive California LifeLine discount.  i-wireless LLC does not require service contracts for its prepaid services. 

Surcharges

When imposed, unless prohibited by applicable law or agreement, you agree to pay all surcharges (“Surcharges”), which may include, but are not limited to: Federal Universal Service; various regulatory charges; Access Wireless administrative charges; gross receipts charges and certain other taxes imposed upon Access Wireless; or charges for the costs that we incur and pass along to you. Surcharges are not taxes, and we are not required to assess them by law. They are charges we choose to collect from you, are part of our rates, and are kept by us in whole or in part. The number and type of Surcharges will be provided and may vary depending upon the location of the transaction or the primary account address of the payment method or Device and can change over time. We determine the rate for these charges, and these amounts are subject to change as are the components used to calculate these amounts. We will provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice To Each Other Under The Agreement” section). However, since some Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available on our website.

Disputing Charges

Any dispute to a charge that we assess you must be made in writing within 60 days of the date we deduct the charge from your account balance.  The Customer may also utilize the complaint resolution process available to ratepayers through the California Public Utilities Commission’s Consumer Affairs Branch.  This can be done by mail at CPUC Consumer Affairs Branch, 505 Van Ness Ave., San Francisco, CA 94102 or online at http://www.cpuc.ca.gov/complaints/.

You accept all charges not properly disputed as stated above.    

About Account Balances

To keep your account active and avoid service interruption, you must either maintain a positive account balance at all times or pay any applicable subscription charges (depending on your service plan). Account balances are not transferable, redeemable for cash, or refundable. Charges are deducted from either your account balance or you may be able to pay for certain services with a credit card or debit card. There may be limits on your account administration, for example account balance, number change, and device changes. See the detailed plan or other information we provide or refer you to during the sales transaction for the account status rules that apply to your Service.

No Refunds of Top-Up and Monthly Charges: We are not responsible for, nor do we refund, lost, stolen, misused, or damaged Top-Up cards. We do not accept returns of or provide refunds for Top-Up cards. Top-Up cards must be applied to your account within the time specified on the card. All Top-Up sales are final and non-refundable regardless of who uses or possesses your mobile phone or device after you purchase services, and regardless of whether the mobile phone or device is used with your consent or knowledge.

Establishing or Replenishing Account Balances

Information on how you can establish and maintain an account balance will be provided at activation and is also available at www.accesswireless.com or through Access Wireless Customer Care. The replenishment methods available to you will depend on the terms of your Service. A fee may apply to certain replenishment methods. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period; the amount that may be debited or charged from an account; or other limitations imposed by us or the financial institution that holds the account.

Protecting Our Networks & Services

We can take any reasonable action to: (1) protect our networks, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our networks and Services. Some of these actions may interrupt or prevent legitimate communications and usage—for example, message filtering/blocking software to prevent spam or viruses; limiting throughput; limiting access to certain websites, applications or other Data Content; prohibitions on unintended uses (for example, use as a dedicated line or use as a monitoring service); etc. For additional information on what we do to protect our customers, networks, Services and equipment, see our Terms of Use policy on our website.

Your Privacy

Our Privacy Policy is available at www.accesswireless.com. This policy may change from time to time, so review it with regularity and care.

Call Monitoring: To ensure the quality of our Services and for other lawful purposes, we may monitor or record calls between us (for example, your conversations with our customer service or sales departments).

Authentication and Contact: You (the account holder) may password protect your account information by establishing a personal identification number (“PIN”). You may also set a backup security question and answer in the event you forget your PIN. You agree to protect your PIN, passwords, and other account access credentials like your backup security question from loss or disclosure. You further agree that Access Wireless may, in our sole discretion, treat any person who presents your credentials that we deem sufficient for account access as you or an authorized user on the account for disclosure of information or changes in Service. You agree that we may contact you for Service-related reasons through the contact information that you provide, through the Services or Devices to which you subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.

CPNI: As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type, location, and destination of telecommunications products and Services you use, as well as some other information found on your bill (“CPNI”). Under federal law, you have the right, and we have a duty, to protect the confidentiality of your CPNI. For example, we implement safeguards that are designed to protect your CPNI, including authentication procedures when you contact us.

Third-Party Applications: If you use a third-party application, the application may access, collect, use, or disclose your personal information or require Access Wireless to disclose your information—including location information (when applicable)—to the application provider or some other third party. If you access, use, or authorize third-party applications through the Services, you agree and authorize Access Wireless to provide information related to your use of the Services or the application(s). You understand that your use of third-party applications is subject to the third party’s terms and conditions and policies, including its privacy policy. Be sure that you have reviewed and are comfortable with the third party’s policies before using its application on your device.

Information on Devices: Your Device may contain sensitive or personal information (for example, pictures, videos, passwords, or stored credit card numbers). Access Wireless is not responsible for any information on your Device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your Device is out of your possession or control, for example, when you relinquish, exchange, return, or recycle your Device. By submitting your Device to us, you agree that our employees, contractors, or vendors may access all of the information on your Device. If you exchange, return, or recycle your Device through us, we typically attempt to erase data on your Device but you must remove all data from your Device before you provide it to us.

Location-Enabled Services

Our networks generally know the location of your Device when it is outdoors and/or turned on. By using various technologies to locate your Device, we can provide enhanced emergency 911 services and optional location-enabled services provided by a third party or us. Network coverage or environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-enabled services.

You agree that any authorized user may access, use, or authorize Access Wireless or third-party location-enabled applications through the Services. You understand that your use of such location-enabled applications is subject to the application's terms and conditions and policies, including its privacy policy. If you activate location-enabled services for devices used by other authorized users, you agree to inform the authorized user(s) of the terms of use for location-enabled applications and that the Device may be located.

Emergency Calls and Safety Notices

Access Wireless provides free, unlimited calls to 911 emergency services in compliance with current federal and state laws and regulations and provides information regarding 911 emergency services. 

Public Safety Officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information.  Unlike traditional wireline phones, depending on a number of factors (for example, whether your handset is GPS enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location or the location of your handset.  In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers.  Enhanced 911 service (“E911”) and where enabled by local emergency authorities and uses GPS technology to provide location information.  Even when available, however, E911 does not always provide accurate location information.  If your handset is indoors or for some other reason cannot acquire a satellite signal, you may not be located.  Some handsets have a safety feature that prevents use of the keypad after dialing 911 - you should follow voice prompts when interacting with emergency service.

Occasionally, callers may attempt to make calls in areas where there is no wireless coverage.  If there is no wireless coverage, your call, (including your call to 911) may not complete.  In these situations, 911 calls should be made from the nearest wireline phone.  Additionally, your handset will not work if wireless towers and related equipment loses commercial power and does not have back-up power and/or your handset is not charged. 

By removing your wireless mobile phone from a residence that does not have other services, residents may not have a way to make 911 calls during an emergency. 

i-wireless LLC will provide access to two California LifeLine discounted telephone lines to Deaf and Disabled Telecommunications Program participants.

CA Disaster Relief Policy

i-wireless will implement ongoing and continuous customer outreach to ensure its customers are aware of applicable consumer protection measures adopted by D.19-08-025 prior to, during, and after a disaster situation. i-wireless will publish information on www.accesswireless.com/ca, send outbound e-mails, and direct mail to describe the applicable consumer protection measures. All outreach will be communicated in accessible formats for customers with disabilities impacting their ability to use standard forms of communication.

If Your Device Is Lost Or Stolen

Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). We may not credit or refund any account balance if you choose to terminate Services as a result of loss or theft of your Device. If you do not either activate a new device or notify us that you have found your device within 30 days of the suspension of your account, your account will be deactivated, we may assess a charge equal to the balance in your account (which is not refundable), and, if applicable, you will lose your phone number.

Disclaimer Of Warranties

UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

You Agree That We Are Not Responsible For Certain Problems

You agree that neither we, nor our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Access Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) 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 Device, computer, or equipment and to backup your information stored on each.

You Agree That Our Liability Is Limited - No Consequential Damages

TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.   

DISPUTE RESOLUTION AND ARBITRATION

We Each Agree To First Contact Each Other With Any Disputes

We each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem, relevant documents and supporting information, and the proposed resolution. We agree to contact each other as described in the “Providing Notice To Each Other Under The Agreement” section.

Instead Of Suing In Court, We Each Agree To Arbitrate Disputes

We each agree to arbitrate all Disputes between us, on an individual basis, not on a class wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there is no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:

(1)  “Disputes” are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, related to, or arise out of in any way our Services or the Agreement; or (c) that we bring against you. It also includes, but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

(2) If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, relevant documents and supporting information, and the proposed resolution. Notice to you will be sent as described in the “Providing Notice To Each Other Under The Agreement” section and notice to us will be sent to: Access Wireless, 1 Levee Way, Suite 3104, Newport, KY 41071. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we each cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.

(3) The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.

(4) Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service.

(5) The arbitration will be governed and conducted by (a) a neutral third-party arbitrator selected by each of us and based upon rules mutually agreed to by each of us or (b) JAMS. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this “Dispute Resolution and Arbitration” section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’s rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow us or you to arbitrate on a class-wide or consolidated basis.

(6) WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree not to pursue arbitration on a class-wide basis. We each agree that any arbitration will be solely between you and Access Wireless (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.

(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will pay for the arbitration administrative or filing fees, including the arbitrator fees. Otherwise the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness regarding costs and payment apply.

Exceptions To Our Agreement To Arbitrate Disputes

Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency that can, if the law allows, seek relief against us on your behalf.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend, and hold Access Wireless and our subsidiaries, affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims arising out of or relating to your actions, including, but not limited to, your use of the Service and any information you submit, post, transmit, or make available via the Service; failing to provide appropriate notices regarding location-enabled services (see “Location-Enabled Services” section); failure to safeguard your passwords, backup question to your shared secret question, or other account information; or violating this Agreement or any policy referenced in this Agreement, any applicable law or regulation, or the rights of any third party.

Providing Notice To Each Other Under The Agreement

Except as the Agreement specifically provides otherwise, you must deliver written notice to us by mail to Access Wireless, 1 Levee Way, Suite 1122, Newport, KY 41071.  You may also send email to customerservice@accesswireless.com.  We will provide you notice by correspondence to your last known address in our records, to any fax number or email address you’ve provided us, by calling you on your Device or any other phone number you’ve provided us, by voice message on your Device or any other phone number you’ve provided us, or by text message on your Device.

Other Important Terms

Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state encompassing the area code assigned to your Device, without regard to the conflicts of law rules of that state. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You can't assign the Agreement or any of your rights or duties under it. We can assign the Agreement without notice. You cannot in any manner resell Devices or Services to another party. You cannot export any Device. The Agreement and the documents it incorporates make up the entire agreement between us and replace all prior written or spoken agreements—you can’t rely on any contradictory documents or statements by sales or service representatives. The rights, obligations, and commitments in the Agreement that—by their nature—would logically continue beyond the termination of Services (for example, those relating to billing, payment, 911, dispute resolution, no class action, no jury trial) survive termination of Services.

Trademarks and Licenses

The i-wireless brand and family of marks are registered trademarks used under license by i-wireless LLC.  You agree not to infringe, misappropriate or otherwise violate the intellectual property rights of i-wireless or any other carrier.  You agree that a violation of this paragraph causes harm that cannot be fully redressed by monetary damages, and that in the event of such violation or threatened violation, i-wireless is entitled to immediate injunctive relief, without posting a bond or additional security, in addition to all other rights and remedies available.

Important Service/Product Specific Terms

These terms are subject to the Access Wireless General Terms and Conditions. Prices, rates, offers and programs are subject to change without notice, may not be available with all devices or in all markets/retail locations, or combinable with other promotions/options. Monthly service charges are not refunded or prorated if service is terminated or modified before your next payment date. Unused monthly service allotments, including, but not limited to, plan minutes, messages or data allotments, expire at the end of each monthly plan period or when a customer switches service plans and do not carry forward except when additional funds (minimum of $10 to the account within the previous 60 days or when a FREE Wireless Reward credit has been applied to the account within the prior 45 days.  A maximum cap of 1500 minutes applies.  Any minutes beyond the 1500-minute cap may not be applied. Partial minutes of use are rounded up to the next whole minute.

Nature of our Service

Access Wireless is brought to you by i-wireless, LLC on one of the largest Nationwide Networks and is a LifeLine Assistance program supported by the federal Universal Service Fund program (“LifeLine Assistance”). Access Wireless service is limited to eligible customers (varies by state and subject to continued verification) and is non-transferable. Only one LifeLine Assistance benefit (wireless or wireline) per household is allowable. The primary use of any device used with the Service must be for domestic purposes within the network and for other purposes outlined in our offers. Domestic means use in the 48 contiguous states, Hawaii, DC, Puerto Rico and the Virgin Islands. Consumers who make willful false statements to obtain benefits may be punished by fine or imprisonment or may be barred from the program.

Messaging (text, picture, video, email and IM)

Domestic & international rates are subject to change. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited.

International: International calls are charged at the per-minute rate for the country being called plus your standard airtime rate. International long distance rates vary & are subject to change without notice (visit www.accesswireless.com for current rate information).

GPS Navigation: Environment may limit GPS location information.

Third-Party Content: Subscribers may purchase mobile content on a per-item or monthly basis from Access Wireless or i-wireless storefronts and other entities. Content fees will be deducted from subscriber’s account balance. Subscribers are responsible for all billed content, including content purchased by others authorized to use devices on the account. Call customer service for information on usage controls (e.g., account blocking tools). Local phone numbers may not be available in certain markets. Additional fees may apply for phone number or equipment change requests processed by customer service. You can request to change your mobile phone number up to three times each year. You may check your balance at any time free of charge online at www.accesswireless.com or from your mobile phone. Your account history is available online for 60 days unless you switch service options.

Adding Funds to Your Account

You must add money to create a cash balance in your Access Wireless account to pay for incremental voice, text or data services (e.g. third-party content) or for wireless usage beyond the free monthly allotment of voice minutes, data, and domestic text messages reflected in your plan. Funds can be added using one of Access Wireless’ Payment methods (credit, debit, PIN or Top-Up card). Customers can add a maximum of $50 to their accounts in a single transaction. Funds cannot be used for any other wireless service. Adding funds through Access Wireless customer service may result in processing fees.

Payment Methods for Paid Service Options

For wireless phone usage in addition to your free monthly minute allocation and in order to utilize messaging, data and other enhanced services or features, you must add money to the cash balance of your Access Wireless account.

Top-Up

You add money to the cash balance of your Access Wireless account by using one of our Top-Up methods. You can Top-Up your account by (1) registering your credit/debit card, (2) buying an Access Wireless PIN or (3) buying Kroger Wireless airtime cards at any of the Kroger family of store locations. Access Wireless and/or i-wireless airtime cards are available in $10, $25, $35 and $50 denominations. Electronic PINs may also be purchased at select retailers.  Sales taxes apply.

The minimum Top-Up amount when using a credit card or debit card is $25. The value of any Top-Up amount or card cannot be applied to any wireless service other than Access Wireless.

Airtime Cards

Purchase an Access Wireless PIN or Kroger Wireless airtime card at an authorized distributor, including the Kroger family of stores such as Kroger, Ralphs, Dillons, Fred Meyer, Smith's, King Soopers, City Market, Fry's, Food4Less, Baker's, Owen's, JayC, Hilander, Gerbes, Scott's & Pay Less. To activate an Access Wireless or i-wireless airtime card, simply call 611 dial to redeem the card amount.  Each airtime card denomination is valid for a specific number of days, which is published on the back of the card, once the airtime card has been applied to the account. The number of days an airtime card is valid is as follows:

    $ 5 airtime PINs are valid for 10 calendar days from the date of activation.

    $10 airtime cards are valid for 30 calendar days from the date of activation.

    $25 airtime cards are valid for 30 calendar days from the date of activation.

    $35 airtime cards are valid for 30 calendar days from the date of activation.

    $50 airtime cards are valid for 30 calendar days from the date of activation.

Upon the expiration of such period (i.e. 10/30 days), any remaining value will expire, except that if a new airtime card is added before expiration of the period, in which case the expiration on all remaining airtime extends to the expiry date of the new airtime card.

To the extent that top-up amounts are used towards the purchase of a rate plan, the expiration date applicable to that rate plan will control.

Airtime cards default to the assigned minutes or data amounts for the specific rate plan selected by the customer (see Schedule of Rates and Charges).  At the customers’ option, the dollar value of the card can also be assigned to your account (i.e., added as a “cash balance”) for use against miscellaneous charges, such as international calling or additional data services.

Auto Refill

You can register to automatically refill your account. By registering for Auto Refill, you agree to have the Auto Refill amount you have selected deducted from your credit card or debit card and added to your Access Wireless account once a month on your selected rate plan’s monthly renewal date to cover your monthly plan fee. There is a limit of three credit card transactions per phone in a 30-day period.

You can set up, modify, or cancel your Auto Refill preferences by logging into your account at www.accesswireless.com or by calling Access Wireless at 1-866-594-3644.

Payment for Services with Cash Balance

Your cash balance may be used for services such as international calls, Directory Assistance calls, Picture Messaging and Downloads.

Monthly Minute Allocation, Airtime Rates & Usage

While you are enrolled in the Access Wireless program, you will receive a free monthly allotment of airtime minutes as provided for the Access Wireless LifeLine Assistance program approved in your state. Access Wireless airtime is issued in minute (or unit) increments. Units are deducted from the Access Wireless phone at a rate of one (1) unit per minute or partial minute of use. There is no additional charge for domestic long distance.  Use of a wireless system typically begins when you press the "send," "call" or other key to initiate or answer a call and does not end until you press the "end" key or the call is otherwise terminated.

For outbound calls, you may be charged airtime for incomplete and/or busy-no answer calls. Airtime minutes will be deducted for use of other services such as text messaging and accessing the web and downloading content to your Access Wireless phone. No credit or refund is given for dropped calls.

Selecting a Rate Plan

As a California LifeLine Customer you must select a rate plan from the list of approved LifeLine plans.  When applying a Top-Up option you may direct the Top-Up amount to be used for miscellaneous charges or applied to your selected rate plan.  Top-Up amounts may purchase different services based on the rate plan selected.  Below is a chart describing what each Top-Up option purchases for the selected Rate Plan. Top up amounts are available in different forms such as physical cards, or digital purchases such as PIN’s.

Introductory Airtime Minutes

When you apply for Access Wireless’ California LifeLine Service, you will be given the allotment of minutes, text messaging, and data provided by your rate plan.  When i-wireless receives notification from the California LifeLine Administrator regarding approval of the California LifeLine application, the company will notify the customer.  If you are denied the California LifeLine benefit, Access Wireless will change your service to a prepaid service plan, and you will have the option of discontinuing use of the phone or purchasing additionali-wireless airtime and selecting an available i-wireless prepaid retail plan.

Handset Policy

As a Company-provided benefit distinct from the California LifeLine supported benefit, the Company will provide a data-enabled phone free of charge to eligible customers in accordance with the Company’s Handset Policy.  Eligibility for this Company-provided benefit will be determined by Access Wireless, in its sole discretion, based on Access Wireless’ customer records and other data available to the Company, such as data provided by third parties, or data that you provide to i-wireless.  You authorize the Company to obtain such data from third parties for purposes of determining your eligibility for Company-provided benefits under the Handset Policy.  Access Wireless reserves the right to deny eligibility to prevent waste, fraud, or abuse.  If you are not determined to be eligible for a free handset under the Handset Policy, you will be given the option to either purchase a phone from Access Wireless or to provide your own compatible device in order to use the Access Wireless service.

Customers should call Access Wireless Customer Service for assistance.

Free Monthly Airtime Allotment

Your free monthly airtime allotment will automatically be applied on the first day of your monthly service cycle. These units may be used for making or receiving voice calls or for sending and receiving domestic text messages and browsing the internet. Your free monthly LifeLine airtime credit is applied on the same date each month. Unused Minutes/Texts or Data will automatically be removed from the account balance prior to the subsequent month’s free monthly airtime credit being added. If you use all of your free monthly data before a new monthly cycle begins and you do not have a sufficient balance in your account, you may not use your phone to browse the internet on the network until the start of the next monthly cycle. 

Expiration date for any funds added to an Access Wireless account will adhere to the standard business rules associated with airtime card/PIN denomination.

Balance Notification

At the time of enrollment all customers can elect to opt-in to receive a daily text message with important account information, including remaining balance of voice minutes, text messages and data allocation and the monthly renewal date when their next LifeLine benefit will automatically be applied to their account.

Customers may also dial 611 free-of-charge at any time to hear an automated recording of their remaining balance of voice minutes, text messages and data allocation and the monthly renewal date when their next LifeLine benefit will automatically be applied to their account.

Payments & Chargebacks

Your payment date (when applicable) is the date you subscribe to one of our paid-for plans. We will first attempt to deduct payment for monthly services from your account balance and then will apply the charge to any registered payment method on file with Access Wireless. We reserve the right to suspend service for up to 30 days if a credit card or debit card charge we deem authorized for your account is disputed. If a chargeback is not resolved/reversed at the end of the 30-day period, the account will be deactivated and remaining funds in the account will be lost. We may terminate service for multiple chargebacks or require that funds be added solely by Top-Up.

Account Activity Requirement

You must actively use your Access Wireless service. If you fail to use your service for 30 consecutive days, you will receive 15 days’ notice that failure to use the Lifeline service within the 15-day notice period will result in service termination for non-usage.  For purposes of the account activity requirement, use of your service means doing at least one of the following: making an outbound call or using data, purchasing minutes or data from Access Wireless, answering an incoming call from anyone other than Access Wireless, affirmatively responding to direct contact from Access Wireless by confirming that you want to continue receiving Lifeline service, or sending a text message.  Access Wireless will provide you with a notice of inactivity to inform you that you must use the service within 15 days or be de-enrolled from the LifeLine program. If you receive a notice of inactivity, you must use your phone at least once during the 15-day period following the notification to remain eligible and avoid termination of your Access Wireless LifeLine service.

Maintaining Eligibility and Service

Upon enrollment in the Access Wireless LifeLine Assistance Program, you will be qualified to participate for up to one (1) year.  To continue your enrollment in the Access Wireless LifeLine Assistance Program after the initial year, you must verify, at least annually, that you are qualified for continued enrollment in the Access Wireless LifeLine Assistance Program with the California LifeLine Administrator.  Access Wireless will also conduct verification for each state according to its rules.   If Access Wireless has reason to believe that you are no longer eligible to receive your LifeLine benefit for any reason, including but not limited to instances in which (1) you have notified us of your ineligibility; (2) you have failed to respond to a request by Access Wireless to confirm your eligibility and/or address by the response date provided; (3) you have responded to a request by Access Wireless to confirm your eligibility, but failed to submit adequate proof of your eligibility status; or (4) a state or federal agency alerts Access Wireless to your ineligibility, Access Wireless will notify you of impending termination of your Access Wireless LifeLine service. You will have 30 days to respond to this notice. Confirmation of eligibility must occur during this 30 days or your Access Wireless LifeLine service will be terminated. If your eligibility is not confirmed prior to the end of the applicable 30-day period following notification of inactivity or impending termination, you will lose any free monthly minutes remaining in your account and you will no longer receive a monthly allocation of free minutes.

Transition Period after Termination of LifeLine Service

For up to 60 days after termination of Access Wireless LifeLine service, if you have a sufficient balance in your account, you will be charged 10¢ for each additional minute you use. During this period, you may choose to switch to an i-wireless rate plan and keep your phone number by calling 1-866-594-3644. After the end of this period, your account will expire, and we will deactivate your service.

Prohibited Network Uses

To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another Access Wireless or i-wireless customer's use of our service or disproportionally impacts Access Wireless/i-wireless’ network resources. Access Wireless reserves the right, without notice or limitation, to terminate individual calls, or after providing notice to you, offer you a different service plan with no unlimited usage components, limit data throughput speeds or quantities, or deny, terminate, end, modify, disconnect or suspend your service, or decline to renew your service, if you engage in any of the prohibited voice or data uses detailed below or if Access Wireless, in its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.

Examples of Prohibited Voice Uses

Access voice services are provided solely for live dialogue between, and initiated by, two individuals for personal use & as otherwise described in this policy. Access Wireless voice services may not be used for any other commercial purposes including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals.

Examples of Prohibited Data Uses

Access Wireless data services are provided solely for purposes of web browsing, messaging, and similar data activities. You may not use the data service: (1) with server devices or host computer applications or other systems that drive continuous heavy traffic or data sessions, including, but not limited to, disproportionate web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers or recipients such that they could enable “bots” or similar routines; (2) as a substitute or backup for private lines or frame relay connections; (3) to send or receive unusually high numbers of messages; (4) to engage in atypical web usage behaviors; (5) for any activity that adversely affects the ability of other people or systems to use either our wireless services or other parties' Internet-based resources; and (6) for any other reason that, in our sole discretion, harms our network. UNLIMITED USE PLANS: If you subscribe to rate plans, services or features that are described as unlimited, you should be aware that such "unlimited" plans are subject to these Access Wireless/i-wireless Prohibited Network Uses and Access Wireless General Terms and Conditions.

Network Management and Performance: Access Wireless telecommunication services are provided on the T-Mobile network. For important information on T-Mobile’s network management tools, policies and other related information, please visit www.tmobile.com.

Return Policy

Access Wireless phones are provided free of charge to customers that are eligible under Access Wireless’ Handset Policy.  Access Wireless phones may also be purchased online, at select Kroger-owned store locations or authorized retailers. Devices purchased directly from Access Wireless or i-wireless can be returned within 14 days of purchase. Customer may return the complete, undamaged device in its original packaging and all of its components along with the original receipt. Devices purchased from other retail locations are subject to the other location’s return policy.

Loyalty Retention Promotion

During such time as the Company chooses to offer its “Loyalty Retention Promotion,” new and existing customers may choose to participate in the Loyalty Retention Promotion by purchasing, for one dollar ($1.00), 0.5 GB of additional data (a “$1 Data Bolt On”) and receive a $5 account credit (“Credit”).  New customers may receive the $5 Credit by purchasing a $1 Data Bolt On at the time of enrollment, prior to a determination of California Lifeline eligibility.  Existing California Lifeline customers not already on a Loyalty rate plan can participate in the Loyalty Retention Promotion and receive the $5 Credit by contacting Customer Care to purchase the $1 Data Bolt On.

For each participating customer approved for California Lifeline, one dollar of the Credit balance shall be automatically expended, each month, to purchase an additional $1 Data Bolt On until such Credit has been exhausted, unless the customer otherwise uses the Credit or opts-out of the Loyalty Retention Promotion, as set forth below.

If the customer uses the customer’s device for services not included in the customer’s service plan, such as international calls or data overages, all applicable service usage fees will be debited from customer account by first debiting any non-Credit funds from account and then by debiting funds available in the Credit.  The customer may also contact Customer Care at any time to opt-out of the automatic purchase of the monthly $1 Data Bolt On, and any such funds remaining in the Credit may be applied to other i-wireless services, such as international calls or data overages, provided no cash refunds of the Credit shall be available.

California Lifeline approved customers may add additional funds to be used for automatic monthly purchase of $1 Data Bolt On as part of the Loyalty Retention Promotion by contacting Customer Care and requesting that additional funds be used for the $1 Data Bolt On as part of the Loyalty Retention Promotion.

If a customer pays for the initial $1 Data Bolt On and the Credit, but is not approved for California Lifeline, such a customer will not be eligible to purchase any additional $1 Data Bolt On.  However, such a customer may choose to apply the Credit to i-wireless services, such as international calls.

The Company may discontinue Loyalty Retention Promotion at any time.  In the event that the Company discontinues the Loyalty Retention Promotion, existing Credits shall continue to be expended according to the terms of the Loyalty Retention Promotion until exhausted.  Customers may also choose to apply any remaining Credit to other i-wireless services, provided no cash refunds of the Credit shall be available.

No Deductions for 611 Calls & Short Codes

Calls made to Access Wireless Customer Care, the IVR by calling 611 or use of any short-code such as #BUY (#289) or #LEFT (#5338) directly from your handset are not deducted from your free monthly airtime credit on a per minute basis and are free of charge.

Ineligibility

At the end of the applicable 30-day period following notification of ineligibility, you will lose any free monthly minutes remaining in your account and you will no longer receive a monthly allocation of free minutes.

Regulated Service

This program is a regulated service and requires following certain federal and state requirements. These requirements may change, from time-to-time, which may affect your eligibility or our ability to continue to provide service. Access Wireless reserves the right to discontinue the service at any time.

Right to Terminate Service Within Three Days

If you terminate your service within three days of activation, excluding national holidays, you will not be charged a restocking fee for any devices and applicable service connection charges and deposits that you paid, if any, would be refunded.  

Account History

Your account history for the previous 60 days will be available online at www.accesswireless.com unless you switch service options, in which case your account history for your new service option will be available online for a period of up to 60 days following the date of your switch. You may request a printed statement detailing 60 days of account history by sending a written request to:

Access Wireless
1 Levee Way, Suite 1122
Newport, KY 41071
Attention:  Account History

Taxes and Surcharges

Stated prices for our service options do not include certain taxes or surcharges. Access Wireless charges state and local sales taxes. The amount of these surcharges is subject to change and may vary from time to time and by geographic area. Access Wireless collects sales taxes on all direct Top-Up transactions and, in certain states, regulatory fees. Third party retailers are responsible for collecting sales taxes and in certain states, regulatory fees, for Top-Up transactions that occur through such third party retailers. Taxes and fees are subject to change without notice.

Preventing Spam

If you are receiving unwanted text messages (“spam”), contact the source and unsubscribe or remove your mobile phone number from the service. Even if you elect not to receive text messages, you may still receive service alerts from Access Wireless for which there is no charge.

Unsolicited Messages

If you intentionally send spam from your Access Wireless phone, we may terminate your service without further notice.

Data Usage on your Access Wireless phone:

Your data usage will be deducted from the available data balance on your account. If you use your allocation of data before the end of the monthly period, you will be charged for data at the rate of $0.10 per one megabyte to access the mobile Internet (the "Overage Rate") on each day that you access the mobile Internet for the remainder of the period, provided that you have a sufficient balance in your account.

Returning Access Wireless Phones:

A defective Access Wireless phone may be returned within 14 calendar days from the date in which the phone was received. All equipment must be complete and returned in the original packaging and in good condition to be eligible for a comparable replacement. Please contact Customer Care to obtain a Return Authorization Number at 1-866-594-3644. This return authorization number must appear on the outside of the shipping package for your return to be processed correctly.

i-wireless LLC

Attn: Returns Manager

Return Authorization Number _____________

1 Levee Way; Suite 1122

Newport, KY 41071

Include your name, address, home phone number and return authorization number on the original packing list.

Mobile Phone Unlocking

Access Wireless will comply with point number twelve of the CTIA Consumer Code with respect to the unlocking of mobile phones.  Specifically, Access Wireless will abide by the following principles regarding the ability of customers and former customers, and individual owners of eligible devices to unlock phones that are locked by or at the direction of Access Wireless:

(1) Access Wireless will post on its website a clear, concise, and readily accessible policy on mobile wireless device unlocking.

(2) As a prepaid provider, Access Wireless will, upon request, unlock Access Wireless mobile phones no later than one year after initial activation, for customers that are in full compliance with Access Wireless Terms and Conditions.

(3) When a customer’s phone is eligible for unlocking, Access Wireless will provide clear notice to the customer that the phone is eligible for unlocking and/or will automatically unlock the phone remotely at no additional charge.  Such notices may be provided at a Access Wireless location, on the Access Wireless website, or via text message or phone call.

(4) Access Wireless will, within two days of receiving an unlocking request, do one of the following: (i) unlock an eligible phone; (ii) initiate a request to the original equipment manufacturer to unlock an eligible phone; (iii) explain to the requesting customer why the phone is ineligible for unlocking; or (iv) offer a reasonable explanation as to why Access Wireless needs more time to process the unlocking request.

(5) For deployed military personnel who are in full compliance with Access Wireless’ Terms of Service, Access Wireless will unlock mobile phones upon receiving valid copies of deployment papers.

Devices that work on Access Wireless’ network may not be compatible with other carriers’ networks due to the use of different frequencies and technologies to provide wireless network access.  “Unlocking,” as used herein, refers only to the disabling of software that prevents the activation of a device designed for Access Wireless’ network from being used on another carrier’s technologically compatible network. It does not pertain to hardware changes, and does not guarantee that the Access Wireless phone will be compatible with any particular carrier’s network or that all functionality of the device can be enabled on any other network.

Maps Showing Where Service is Generally Available

Access Wireless will make available at point of sale maps depicting approximate domestic coverage currently available to customers with Access Wireless service plans.  These maps will be available at Access Wireless authorized retailer locations and on the Access Wireless web site (e.g., https://www.accesswireless.com/support/coverage-map).  The maps will be in a generally accepted format and will allow customers to compare the coverage for Access Wireless with that of other carriers.   The maps will provide a legend regarding the coverage depicted and information on limitations and variations in coverage, including geographic limitations on services.  Access Wireless will periodically update the maps to keep them reasonably current.  Where necessary, Access Wireless will incorporate coverage maps from roaming partners into the maps it provides.