These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at https://INDEPENDENCEPHONE.com/ (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by PCI, Inc. (“INDEPENDENCE PHONE”, “we”, “our” or “us”), (ii) mobile applications that may be downloaded to your smartphone or tablet (each an “App”), (iii) online services (including the Site and the App, together the “Services”) and (iv) telephones and related products accessible via the Site and the App (the “Products”).
BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 19, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 19, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND PCI, INC. WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. Further, terms of sale in Section 8 will apply with respect to any Products that you use. If you do not agree to these Terms, do not use our Products or Services.
These terms will not limit any non-waivable warranties or consumer protection rights that apply under the laws of your jurisdiction of residence.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). Any Supplemental Terms provided to you become part of your agreement with us if you use the applicable Products or Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict. The Supplemental Terms include our Refund and Return Policy.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Where required by law, we will provide you with at least 30 days’ notice of the change before it takes effect. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice (and after expiry of the notice period, if applicable) will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Products and Services.
Any provision of these Terms relating to any telecommunications law, rule, or regulation, as may be amended or interpreted from time to time, shall apply to PCI, Inc., its Products and Services, only if and to the extent that the subject matter of such provision is deemed to apply to PCI, Inc. by the relevant regulator, such as the Federal Communications Commission, statutory law or courts of competent jurisdiction. Otherwise, any such provision shall be severed from these terms and any rights, requirements, and obligations created thereunder shall be deemed null and void.
- Eligibility and Use Restrictions
Age: Our Products are designed to be purchased and managed through the Services by parents or guardians and used by the whole family or household. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Products under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or legal guardian of such a user, you agree to be subject to these Terms and you are fully responsible for the acts or omissions of such user in relation to our Products. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Products without your consent, please contact us at legal@INDEPENDENCEPHONE.com. Users under 18 years of age are not permitted to use the Services.
Jurisdiction: You may only use our Products or Services in jurisdictions authorized by PCI, Inc. Use of our Products or Services is currently authorized only in the United States. You represent that you will use our Products and Services only in the United States, and acknowledge that emergency calling and other features of the Products and Services may not function outside the United States.
Use and Sharing: You may only use our Products and Services for personal, family or household purposes and expressly excluding any commercial use. You only share our Products or Services with users who (1) have an active account and (2) are eligible to use our Products and Services in compliance with these Terms.
- Your Information
You may provide certain information to PCI, Inc. in connection with your access or use of our Products or Services, or we may otherwise collect certain information about you when you access or use our Products or Services. You agree to receive emails, SMS or text messages, and other types of communication from PCI, Inc. via the Products or Services using the email address or other contact information you provide in connection with the Products or Services. You represent and warrant that (1) any information that you provide to PCI, Inc. in connection with the Products or Services is accurate and (2) you will keep such information up to date.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
- Accounts
You must create an account with INDEPENDENCE PHONE in order to use some or all of our Products and Services. You may not share or permit people outside of your household to use your account credentials. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.
- Service Availability and Limitations
Service Availability: INDEPENDENCE PHONE provides the Services using the public internet and third-party networks. INDEPENDENCE PHONE provides the Services on a commercially reasonable efforts basis and does not guarantee that the Services will be available at all times or without interruption. Service availability may be affected by factors outside INDEPENDENCE PHONE’s control, including, but not limited to, power outages, loss or disruption of internet connectivity, network congestion, maintenance, or failures of third-party providers. INDEPENDENCE PHONE will not provide any credits or compensation of any kind for any harms, losses, or damages related to or arising out of interruption of the Service or failure of a Product or other hardware. INDEPENDENCE PHONE may suspend or limit the Services for maintenance, upgrades, or as required by law or regulation. For the avoidance of doubt, nothing in this paragraph excludes or limits any rights or remedies provided by applicable laws that cannot be excluded or limited at law.
Service Limitations: The Services are not designed for use in situations where failure or interruption could lead to injury, death, or property damage. The Services, including 911 and E911 services described below, may not function in the event of a power failure, loss of internet access, or suspension or termination of your account. You are responsible for maintaining backup power or an alternative means of accessing emergency services in the event of an outage or interruption.
- Emergency Services in the United States
911/E911 Limitations: You acknowledge that access to emergency services (including 911 and Enhanced 911 (“E911”)) through the Services is different from traditional wireline telephone services. The Services may not support 911 or E911 in all locations or at all times. 911 calls may be routed to a national emergency response center rather than a local public safety answering point (“PSAP”) if your current location cannot be validated.
Registered Location: You are required to provide and maintain a current, accurate physical address (“Registered Location”) for each device or user of the Services, which in most cases will be a device user’s home address. If you move a device or user to a new location, you must promptly update the Registered Location. Failure to do so may result in emergency services being dispatched to the wrong address. After you update your Registered Location, there may be a delay before the new address is available to route emergency calls and provide location information to emergency responders.
Power and Internet Outages: The Services, including 911 and E911 services, will not function if your device loses power, your internet connection fails, is unstable, or otherwise deficient, or your account is suspended or terminated. You are responsible for providing backup power and alternative means of accessing emergency services.
No Liability for Emergency Services: To the fullest extent permitted by law, INDEPENDENCE PHONE disclaims any and all liability for connecting you to PSAPs and other emergency services; the acts or omissions of third parties that may assist us in routing emergency calls; the conduct of PSAPs, national emergency response centers, and their employees and agents; the accuracy of location information; and the failure of emergency calls due to circumstances outside INDEPENDENCE PHONE’s direct control.
INDEPENDENCE PHONE RELIES ON THIRD PARTIES TO ROUTE EMERGENCY CALLS TO EMERGENCY SERVICES. INDEPENDENCE PHONE DOES NOT CONTROL HOW, OR WHETHER, EMERGENCY CALLS ARE ANSWERED OR HANDLED BY PSAPS, NATIONAL EMERGENCY RESPONSE CENTERS, OR LOCAL EMERGENCY RESPONDERS. INDEPENDENCE PHONE DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR DELAYS IN ROUTING EMERGENCY CALLS, OR FOR ANY INCORRECT OR INCOMPLETE INFORMATION USED TO ROUTE SUCH CALLS, EXCEPT TO THE EXTENT CAUSED SOLELY BY INDEPENDENCE PHONE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS INDEPENDENCE PHONE, ITS AFFILIATES, AND ITS AND ITS AFFILIATES’ OFFICERS, DIRECTORS, AGENTS, PARTNERS, AND EMPLOYEES FROM ANY CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO THE ABSENCE, FAILURE, OUTAGE, OR INCORRECT ROUTING OF EMERGENCY CALLS OR THE PROVISION OF EMERGENCY SERVICES, OR THE INABILITY OF ANY USER TO ACCESS OR USE 911, E911, OR EMERGENCY SERVICES. THIS PROVISION SUPPLEMENTS, AND DOES NOT IN ANY WAY LIMIT, YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 15.
- Acceptable Use
Eligibility and Intended Purpose: You will not, and you will ensure that others whom you permit to access our Products and Services do not, use our Products or Services (1) if you or they are not eligible to use our Products or Services in accordance with Section 1 and (2) other than for their intended purpose – to make or receive voice calls to or from your friends and family.
Prohibited Conduct: You will not, and you will ensure that others whom you permit to access our Products and Services do not, in connection with our Products or Services:
Violate any applicable law or regulation (including without limitation the Telephone Consumer Protection Act, the Truth in Caller ID Act, or any federal, state, or local laws or regulations relating to automated or marketing calls), contract, intellectual property right, or other third-party right or commit a tort;
Use the Products or Services in a manner that is inconsistent with normal residential, non-commercial use (unusual calling patterns, excessive calls, or excessive usage will be treated as indicators that your use of the Products or Services violates this Section 6);
Engage in any harassing, threatening, intimidating, predatory, exploitative, grooming, or stalking conduct or any conduct that encourages self-harm;
Monitor or record calls or communications without informing the required parties of the call as legally required in your jurisdiction;
Engage in any telemarketing, debt-collection, or other calls with a commercial purpose, or make any pre-recorded or artificial voice calls;
Use or attempt to use another user’s account or information without authorization from that user and INDEPENDENCE PHONE;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell or resell our Products or Services;
Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Products or Services, except as expressly permitted by us or our licensors;
Modify our Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Products or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Products or Services or that could damage, disable, overburden, or impair the functioning of our Products or Services in any manner;
Reverse engineer any aspect of our Products or Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Products or Services;
Build, benchmark, or develop a competing product or service;
Introduce or transmit viruses, worms, trojans, or other malicious code through or into our Products or Services;
Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services except to compile for search results, provided that INDEPENDENCE PHONE grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. INDEPENDENCE PHONE reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
Develop or use any applications or software that interact with our Products or Services without our prior written consent;
Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Link to any online portion of the Products or Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form of association, approval, or endorsement by INDEPENDENCE PHONE without our consent;
Use our Products or Services for any illegal or unauthorized purpose, including avoiding payment of charges or for any fraudulent or deceptive purpose, or engage in, encourage, or promote any activity that violates these Terms;
Use the Services in a manner that is unsafe or distracts from activities requiring your full attention, including in high-risk environments requiring fail-safe performance.
Enforcement of this Section 6 is solely at INDEPENDENCE PHONE’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. Please note that parental control protections (such as computer hardware, software, or filtering services) may be commercially available to assist you in limiting access to material that is harmful to people under 18 or the age of the legal majority. Information identifying current providers of such protections should be available at: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers
- Product Listings
The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). Such Products may be made available by INDEPENDENCE PHONE and may be made available for any purpose, including general information purposes. We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Such Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Products. Nothing in this paragraph excludes or limits any rights or remedies provided by applicable laws that cannot be excluded or limited at law.
- Terms of Sale
By purchasing a Product through the Services, you agree to the terms set forth in this Section 8 (the “Terms of Sale”).
Eligibility: To complete your purchase, you must have a valid billing and shipping address within the United States. We make no promise that Products available on the Services are appropriate or available for use in locations outside the Territory.
Restrictions: You may only purchase Products for personal use by either yourself, members of your household, or your intended recipient of the Products (e.g., as a gift). The Products are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. Subject to us acting reasonably and in accordance with applicable laws, we reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.
Price: Prices shown for the Services exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review the total price including taxes and delivery costs to confirm your purchase. All prices on the Services are subject to change at any time without notice.
Payment: If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all reasonable expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses. Bills are generated on the 1st of eah month and emailed to you. Your payment method is used on the 1st of each month to pay this bill. A payment receipt will be emailed to you on the 1st of each month following the bill payment. If your payment method fails, you will be notified on the 1st of the month to update the payment method. if your account remains unpaid for 10 days, service will be suspended until your payment method is updated and the bill is paid. A $100 reconnect fee will also be added to your current bill.
Order Confirmation; Acceptance: You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. Although we may confirm orders by email, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product or Service. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.
Shipping; Delivery: Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth in these Terms or otherwise contained on the Services. You will pay all shipping and handling charges specified during the ordering process. All transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Any shipping dates provided are approximate and not guaranteed. We are not liable for any delays in shipments.
Order Delays; Cancellation: We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.
Refunds and Returns: Refunds and returns will be subject to INDEPENDENCE PHONE’s applicable Refund Policy applicable law. Refunds will be made to the same method of payment and account used to place the order. We do not currently provide for change-of-mind exchanges.
Reservation of Rights: INDEPENDENCE PHONE reserves the right to reasonably limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Products; and to refuse to provide any user with any Product. Where INDEPENDENCE PHONE exercises any such right after payment has been processed, INDEPENDENCE PHONE will provide a refund of all money paid in connection with the affected transaction.
Nothing in the Terms of Sale excludes or limits any rights or remedies provided by applicable laws that cannot be excluded or limited at law.
- Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
- Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and Products, and all intellectual property rights therein and thereto, are owned by INDEPENDENCE PHONE or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and Products, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for normal residential, non-commercial use and solely with respect to any applications included in the Services, install and use such application on a mobile or personal device that you own or control. Any use of the Products or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. The App is licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using and remove (that is, uninstall and delete) the App from your mobile or personal device.
- Intellectual Property
“INDEPENDENCE PHONE™,” the INDEPENDENCE PHONE logos, and related Product and Service names, slogans, designs, and trade dress, including those associated with INDEPENDENCE PHONE phones, mobile applications, and websites, are trademarks of PCI, Inc. These trademarks may not be used in a manner likely to cause confusion or to suggest affiliation, endorsement, or sponsorship without our prior written permission.
All other trademarks, product names, company names, and logos appearing on or in connection with INDEPENDENCE PHONE Products, applications, or Services are the property of their respective owners. References to third-party products, services, or brands are for identification purposes only and do not imply endorsement, sponsorship, or recommendation by INDEPENDENCE PHONE.
The Products, Services, websites, mobile applications, software, firmware, and all content and materials made available in connection therewith, including text, graphics, illustrations, photographs, audio, video, icons, and user interface elements, are owned by or licensed to PCI, Inc., and are protected by U.S. and international copyright laws. Except as expressly permitted under these Terms, such materials may not be copied, reproduced, modified, distributed, displayed, or otherwise used without INDEPENDENCE PHONE’s prior written permission.
- Feedback
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about INDEPENDENCE PHONE or our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, Products, or Services, or to improve or develop new products, services, or the Products or Services in INDEPENDENCE PHONE’s sole discretion. INDEPENDENCE PHONE will exclusively own all improvements to Products, Services, or new INDEPENDENCE PHONE products or services, based on any Feedback. You understand that INDEPENDENCE PHONE may treat Feedback as nonconfidential.
- Repeat Infringer Policy; Copyright Complaints
Our Policy: In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our “DMCA Policy”).
Reporting Claims of Copyright Infringement: If you believe that any content on our Products or Services infringe any copyright that you own or control, you may notify INDEPENDENCE PHONE’s designated agent (your notification, a “DMCA Notice”) as follows:
Designated Agent: Copyright Agent
Address: 2000 Mallory Lane 130-138
Franklin, TN 37067
Telephone Number: 615-704-1776
Email Address: legal@IndependencePhone.com
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Products or Services is infringing, you may be liable to INDEPENDENCE PHONE for certain costs and damages.
- Third-Party Content
Our Products and Services rely on or interoperate with third-party products and services, including, without limitation, communications technologies, internet and mobile operators, data storage services, IoT platforms, and third-party app stores, (collectively, “Third-Party Services”). Your use of Third-Party Services is governed solely by those third parties’ terms. The Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services and Products. You acknowledge that (a) the use and availability of the Products and Services is dependent on third-party product vendors and service providers and (b) these Third-Party Services may not operate reliably 100% of the time, which may impact the way that our Products or Services operate. INDEPENDENCE PHONE disclaims responsibility for the acts and omissions of third-party providers or the operation of Third-Party Services, even if INDEPENDENCE PHONE supports or integrates with such Third-Party Services. INDEPENDENCE PHONE may update its Products and Services at any time in its sole discretion and does not guarantee that its Products and Services will continue to support Third-Party Services after an update.
Specifically, certain items of independent, third-party code may be utilized in connection with the Products or Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.
We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Products or Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Products and Services.
- Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless INDEPENDENCE PHONE and our officers, directors, agents, partners, and employees (individually and collectively, the ” INDEPENDENCE PHONE Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify INDEPENDENCE PHONE Parties of any third-party Claims, cooperate with INDEPENDENCE PHONE Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The INDEPENDENCE PHONE Parties will have control of the defense or settlement, at INDEPENDENCE PHONE’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and INDEPENDENCE PHONE or the other INDEPENDENCE PHONE Parties. Where required by applicable law, your liability under this indemnification will be reduced to the extent that any INDEPENDENCE PHONE Party or a third party contributed to or caused the relevant Claims.
- Disclaimers
YOUR USE OF OUR PRODUCTS AND SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR PRODUCTS, SERVICES, AND ANY CONTENT OR MATERIALS PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INDEPENDENCE PHONE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE FOREGOING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, INDEPENDENCE PHONE DOES NOT REPRESENT OR WARRANT THAT OUR PRODUCTS OR SERVICES OR ANY CONTENT OR INFORMATION PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, TIMELY, OR ERROR-FREE OR THAT ACCESS TO OUR PRODUCTS OR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) WILL BE UNINTERRUPTED OR MEET YOUR REQUIREMENTS. INDEPENDENCE PHONE DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY DATA, INCLUDING USER CONTENT, DATA, INFORMATION, OR COMMUNICATIONS. WHILE INDEPENDENCE PHONE ATTEMPTS TO MAKE YOUR USE OF OUR PRODUCTS AND SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR PRODUCTS OR SERVICES OR ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT OR MATERIALS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND ANY CONTENT PROVIDED THEREIN OR THEREWITH (INCLUDING THE THIRD-PARTY CONTENT AND THIRD-PARTY SERVICES). ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF INDEPENDENCE PHONE, INDEPENDENCE PHONE PARTIES, AND INDEPENDENCE PHONE’S RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INDEPENDENCE PHONE AND THE OTHER INDEPENDENCE PHONE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF INDEPENDENCE PHONE OR THE OTHER INDEPENDENCE PHONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF INDEPENDENCE PHONE AND THE OTHER INDEPENDENCE PHONE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO USE OUR PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS SET FORTH IN THIS SECTION 17 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF INDEPENDENCE PHONE OR THE OTHER INDEPENDENCE PHONE PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Release
To the fullest extent permitted by applicable law, you release INDEPENDENCE PHONE and the other INDEPENDENCE PHONE Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND INDEPENDENCE PHONE TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND INDEPENDENCE PHONE MAY SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND INDEPENDENCE PHONE FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND INDEPENDENCE PHONE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. EXCEPT AS EXPLICITLY SET FORTH IN THESE TERMS, INDEPENDENCE PHONE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AND INDEPENDENCE PHONE EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW in SECTION 19(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
NOTHING IN THIS SECTION LIMITS YOUR RIGHT TO BRING A CLAIM IN COURT OR BEFORE A TRIBUNAL WHERE THAT RIGHT CANNOT BE WAIVED UNDER APPLICABLE LAW. NOTHING PREVENTS YOU FROM FILING A COMPLAINT WITH A CONSUMER PROTECTION OFFICE OR EXERCISING ANY OTHER NON-WAIVABLE STATUTORY RIGHTS IN YOUR JURISDICTION. See Section 19(c) if you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts.
Claims This Section Applies To: This Section 19 applies to all Claims between you and INDEPENDENCE PHONE. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 19(c), below) between you and INDEPENDENCE PHONE, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, the Products or the Services, including any claims related to the use or operation of the Products or the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section 19 or any portion of it.
Informal Dispute Resolution Before Arbitration: If you believe you have a Claim against INDEPENDENCE PHONE or if INDEPENDENCE PHONE believes it has a Claim against you, you and INDEPENDENCE PHONE will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and INDEPENDENCE PHONE will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 19(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.
You must send any Claimant Notice to INDEPENDENCE PHONE by certified mail, addressed to PCI, Inc. (INDEPENDENCE PHONE), Attn: Legal Department, 2000 Mallory Lane 130-138, Franklin, TN 37067 or by email to legal@INDEPENDENCEPHONE.comkids. INDEPENDENCE PHONE will send any Claimant Notice to you by certified mail or email using the contact information you have provided to INDEPENDENCE PHONE. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves (and not their counsel) verifying the accuracy of the contents of the Claimant Notice.
No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or INDEPENDENCE PHONE files an Arbitration Demand without complying with the requirements in this Section 19, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.
To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.
Claims Subject to Binding Arbitration; Exceptions: Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or INDEPENDENCE PHONE, including any disputes in which you or INDEPENDENCE PHONE seek injunctive or other equitable relief for the alleged unlawful use of your or INDEPENDENCE PHONE’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 19(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
Binding Individual Arbitration: Except as otherwise expressly permitted by this Section 19, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). The then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and INDEPENDENCE PHONE.
These Terms affect interstate commerce, and the enforceability of this Section 19 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or INDEPENDENCE PHONE to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
Arbitration Procedure and Location: You or INDEPENDENCE PHONE may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.
Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to INDEPENDENCE PHONE by certified mail addressed to PCI, Inc. (INDEPENDENCE PHONE), Attn: Legal Department, 2000 Mallory lane 130-138, Franklin TN 37067 or by email to legal@INDEPENDENCEPHONE.com. INDEPENDENCE PHONE will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to INDEPENDENCE PHONE.
The arbitration will be conducted by a single arbitrator in the English language. You and INDEPENDENCE PHONE both agree that the arbitrator will be bound by these Terms.
For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and INDEPENDENCE PHONE agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Arbitration Fees: Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
Frivolous or Improper Claims: To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
Confidentiality: If you or INDEPENDENCE PHONE files a Claim in arbitration, you and INDEPENDENCE PHONE agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and INDEPENDENCE PHONE agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
Mass Disputes: If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 19(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.
Applicable Rules: Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
Initial Arbitrations: The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
Mediation: Upon conclusion of the 20 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
Remaining Claimant Notices and Arbitrations: If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 20.
If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.
If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 19(b) to proceed in arbitration in the same manner as described in Section 19(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
Opting Out of Arbitration: You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing legal@INDEPENDENCEPHONE.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 20.
Rejection of Modifications to this Section: You may reject any change we make to this Section 19 (except changes to notice addresses) as to you, by emailing legal@INDEPENDENCEPHONE.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 19. You may reject changes to Section 19 only as a whole. You may not reject only certain changes to Section 19. If you reject changes made to Section 19, the most recent version of Section 19 that you have not rejected will continue to apply.
Two Years to Assert Claims: To the extent permitted by law, any Claim by you or INDEPENDENCE PHONE against the other must be included in a Claimant Notice within two years after such Claim arises; otherwise, the Claim is permanently barred, which means that you or INDEPENDENCE PHONE will no longer have the right to assert that Claim.
Severability: If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.
Alternative to Arbitration: If you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and this Agreement is deemed to be a consumer contract, the portions of this Agreement related to arbitration will not apply to you.
- Governing Law
Any dispute, claim, or controversy arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of Tennessee, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 19, then the state and federal courts located in Williamson County, Tennessee, will have exclusive jurisdiction. You and INDEPENDENCE PHONE waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
You hereby acknowledge and agree that the above provision is reasonably necessary to protect our legitimate interests, particularly our desire to avoid litigation in multiple jurisdictions given we provide our Products and Services to users nationwide and to handle disputes in an efficient manner.
- Modifying and Terminating Our Products or Services
We reserve the right to modify our Services or to suspend or terminate providing all or part of our Products or Services at any time; charge, modify, or waive any fees required to use the Products or Services; or offer opportunities to some or all end users of the Products or Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Products or Services, such as by sending an email or providing a notice through our Products or Services. All modifications and additions to the Products and Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by INDEPENDENCE PHONE in writing. You also have the right to stop using our Products and Services at any time, and you may terminate these Terms by ceasing use of our Products and Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
- Severability
If any portion of these Terms other than Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
- Export Control
You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports and such similar controls where applicable in other jurisdictions. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
- Miscellaneous
A party’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. For the avoidance of doubt, this clause does not limit or exclude a party’s liability for false, misleading or deceptive statements or misrepresentations where such liability cannot be excluded or limited under applicable law (including the Australian Consumer Law). The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
If you have a question or complaint regarding the Products or Services, please send an email to support@INDEPENDENCEPHONE.com. You may also contact us by writing to INDEPENDENCE PHONE, 2000 Mallory Lane 130-138, Franklin, TN 37067. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
- Additional Terms Applicable to Mobile Devices
The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).
Acknowledgement: You acknowledge that these Terms are concluded solely between us, and not with Apple. INDEPENDENCE PHONE, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
Scope of License: The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
Maintenance and Support: You and INDEPENDENCE PHONE acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of INDEPENDENCE PHONE. However, INDEPENDENCE PHONE has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims: You and INDEPENDENCE PHONE acknowledge that as between Apple and INDEPENDENCE PHONE, INDEPENDENCE PHONE, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, INDEPENDENCE PHONE, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Third-Party Terms of Agreement: You will comply with any applicable third-party terms made available to you when using the Services.
Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
You acknowledge that these Terms are between you and INDEPENDENCE PHONE only, and not with Google.
Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. INDEPENDENCE PHONE, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
Google is a third-party beneficiary to the Terms as they relate to our Android App.
Refund/Return policy
We offer a 15 day return window starting from the day your order is delivered. If it’s not the right fit for your family, that’s okay. No special reason required. As long as it’s within 15 days, we’ll help you take care of it.
To be eligible for a return, the INDEPENDENCE PHONE should be in the same condition you received it. Please note that original shipping charges are non-refundable.
How to start a return
- Email your account details to Support@INDEPENDENCEPHONE.com.
- If your return is approved, we’ll email you a return shipping label along with simple instructions on how to send it back.
- Another note: items sent back without first email and receiving approval can’t be refunded.
Questions? Email us anytime at Support@INDEPENDENCEPHONE.com
Damages or Issues
Please take a look at your order when it arrives. If anything is damaged, missing (like cords), or if we accidentally sent the wrong item, let us know right away. We’ll make it right.
Refunds
Once we receive your return, we’ll inspect it and send you an email update.
If approved, your refund will be issued to your original payment method within 10 business days.
Depending on your bank or credit card company, it may take a few additional days for the refund to appear on your statement.
