California Terms and Conditions of Service

Life Wireless™ California Terms and Conditions of Service
Telrite dba Life Wireless

You are bound to the following with regard to your use of the Life Wireless service: (1) These Terms of Service, including the binding arbitration clause; (2) The “Plan Terms” and other information regarding your Rate Plan contained on the Rate Plan page; (3) the Life Wireless Privacy Policy; and (4) any other policies incorporated into this Agreement by reference.

  1. GENERAL TERMS AND CONDITIONS

    1. GENERAL: As used herein, “Life Wireless” or “we,” “us,” “our” or the “Company” refers to Telrite Corporation d/b/a Life Wireless. “You,” “your,” “applicant,” “customer,” “subscriber,” or “participant” refers to the person or entity that is the customer of record and/or purchases or uses our Devices or Services. As used in this Agreement, the term: (A) “Services” means services to the subscriber provided by or through Life Wireless to your Device (including voice telephony, text messaging, and broadband Internet access services), as well as any mobile applications provided to you by Life Wireless; and (B) “Device” means a mobile phone or other device, accessory or other product, provided or sold to you by Life Wireless, or that is activated or used under your Life Wireless account. This Life Wireless Terms of Service is an agreement between Life Wireless and you (“Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY USING ANY OF OUR PRODUCTS OR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE. PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

    2. AGE LIMITATION: You must be 18 years or older, or an emancipated minor, to enroll in or use Life Wireless’s Services.

    3. CHARGES: You are responsible for paying all charges for or resulting from Services provided under this Agreement, less any subsidies for which you are eligible. Charges may include, without limitation: airtime, data usage, roaming, recurring monthly service, activation, administrative, returned-check and late payment charges; network and other surcharges; optional feature charges; toll, collect call and directory assistance charges; any other charges or calls charged to your phone number; and applicable taxes, surcharges and governmental fees, whether assessed directly upon you or upon Life Wireless. Life Wireless may add its own charges to those charged by third parties. Payment for all charges is made in advance and there is no proration of such charges.

      1. Voice and Text Usage Charges: You agree to pay for incoming and outgoing calls and SMS text messages to and from your phone. Airtime and other measured voice usage (“Chargeable Time”) is billed in full-minute increments and is rounded up to the next full-minute increment at the end of each call for charging purposes. Life Wireless charges a full minute of airtime usage for every fraction of the last minute of airtime used on each wireless call. If you select a rate plan or additional features that include a predetermined allotment of services (for example, a predetermined amount of airtime, megabytes or text messages), unless otherwise specifically provided as part of such rate plan, any unused allotment of services from one monthly period will not carry over to the next monthly period. Additional charges may apply for detailed information about your usage of services. Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press END (or similar key), but not until your wireless telephone’s signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one-minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers. Except where otherwise noted (e.g., text messages to and from Life Wireless or unlimited plans), text messages will be billed for each incoming and outgoing text message.

      2. Data Usage Charges: Call data transport is billed in full-kilobyte increments, and actual transport is rounded up to the next full kilobyte increment at the end of each data session for charging purposes. Life Wireless charges a full kilobyte of data transport for every fraction of the last kilobyte of data transport used on each data session. Network overhead, software update requests, and re-send requests caused by network errors can increase measured kilobytes. Data transport/usage occurs whenever your device is connected to our network and is engaged in any data transmission, including but not limited to: (i) sending or receiving email, documents, or other content, (ii) accessing websites, or (iii) downloading and using applications. Some applications, content, programs, and software that you download or that comes pre-loaded on your device automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. You will be billed for all data transport and usage when your device is connected to our network, including that which you affirmatively initiate or that which runs automatically in the background without your knowledge, and whether successful or not. A data session initiated on our network will continue its connection over our network until the data transmission is concluded, even when you connect to a Wi-Fi network during the transmission.

    4. DISPUTES: Within 60 days of the date of any event giving rise to a dispute, you must notify us in writing at Life Wireless, Bill Dispute, PO Box 2207, Covington, GA 30015 (“Life Wireless’s Address”) of such dispute, including a dispute over any charges and any service we provided, or you will have waived your right to dispute the charge or such services and to bring, or participate in, any legal action raising any such dispute. The 60-day limitation shall not apply to the filing of a complaint with your state’s Public Service Commission or the Federal Communications Commission (“FCC”). You maintain your right to file a complaint with your state’s Public Service Commission, the FCC, or an appropriate federal or state governmental agency regarding the service provided and/or charges imposed by Life Wireless. Nothing in this paragraph or this agreement in any way eliminates or abridges that right.

    5. DEVICE: We may provide you with a handset Device free of charge, offer you a handset Device to purchase, or allow you to bring your own device to our network. The Device must be compatible with, and not interfere with, our Services, and must comply with all applicable laws, rules and regulations. We may periodically remotely upgrade the firmware or software on your Device. If we sell to you or otherwise provide you with a device, your Device is subject to our Device Unlocking Policy (see below). Hearing aid compatible phones are available upon request to customer service. Under any service plans allowing customers to receive free handsets, it is the Company’s Handset Policy to provide no more than two free handsets in a twelve month period.

    6. PURCHASES AND AUTHORITY TO USE: Your Device may be used to purchase goods and services including ring tones, graphics, games, applications, or news alerts (including subscription plans) from Life Wireless or elsewhere from third parties, including within applications (“In-App Purchases”) (collectively, “Goods, Content, and Services”). Goods, Content, and Services may be purchased directly with a Device assigned to your account or on-line. Data usage charges are also incurred in the purchase of Goods, Content, and Services. You will be charged at the standard per kilobyte charge for the Goods, Content, and Services transport when delivered. You have access to your Goods, Content, and Services transaction history on our website. You are responsible for all Devices containing a Subscriber Identity Module (SIM) card assigned to your account. Except as otherwise provided in this Agreement, if such Device is used by others to purchase Goods, Content, and Services, you are responsible for all such purchases and all associated charges. You are giving those other users your authority 1) to order Goods, Content, and Services from the Device, including subscription services, and to incur charges for those Goods, Content, and Services, and 2) to give any consent required for those Goods, Content, and Services, including the consent to use that user’s location information to deliver customized information to that user’s Device, or to make any representation required for those Goods, Content, and Services, including a representation of the user’s age, if requested.

    7. PERMISSIBLE NETWORK USES: To ensure the activities of some users do not impair the ability of Life Wireless customers to have access to reliable services provided at reasonable costs, you may not use the Services in a manner that is unlawful, infringes on intellectual property rights, or harms, unduly interferes with or degrades the use of our network or systems. Life Wireless reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice, text or data uses detailed below.

      1. Life Wireless voice and text services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. Life Wireless voice and text services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, broadcast or autodialed calls or texts, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between individuals.

      2. Life Wireless data services are provided solely for purposes of personal (i.e., non-commercial) use including web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on line gaming. The data services may not be used: (i) to generate excessive amounts of Internet traffic through the continuous, unattended streaming, downloading or uploading of videos, music, or other files or to operate hosting services including, but not limited to, web or gaming hosting; (ii) to maintain continuous active network connections to the Internet, such as through a web camera or machine-to-machine connections that do not involve active participation by a person; (iii) to disrupt email use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; (iv) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited commercial or bulk email, or fax; (v) for activities adversely affecting the ability of other people or systems to use either Life Wireless’ services or other parties’ Internet--based resources, including, but not limited to, “denial of service” (DoS) attacks against another network host or individual user; (vi) for an activity that connects any Mobile device to Personal Computers (including without limitation, laptops), or other equipment for the purpose of transmitting wireless data over the network (unless customer is using a Life Wireless Device designated for such usage); or (vii) for any other reason that violates Life Wireless’ policy of providing service for individual use.

    8. UNLIMITED VOICE AND TEXT SERVICES. The permissible network usage policy set forth in the preceding section applies to all Life Wireless plans, including its unlimited voice and text message plans. If Life Wireless finds that you are using an unlimited voice service offering for anything other than live dialogue between two individuals, Life Wireless may at its option terminate your service or change your plan to one with no unlimited usage components. Life Wireless will provide notice that it intends to take any of the above actions, and may terminate the Agreement. With the monthly and daily Unlimited plans, unlimited text within the U.S. only includes SMS-based text messages. The rate plan charge for the Unlimited Daily Talk & Text plan is assessed each day you use your phone to make or receive voice calls, including a call to voice mailbox, or send a text message. The day for purposes of the daily rate plan charge starts at midnight and ends at midnight based on the time zone in which you are located when you make a call or send a message. A minimum account balance sufficient to pay the rate plan charge for the daily Unlimited plan is required to place or receive the first call of the day, use IM or send a message.

    9. LOCATION-BASED SERVICES: Your Device may be location-enabled, meaning that the Device is capable of using optional Goods, Content, and Services, at your request or the request of a user on your account, offered by Life Wireless or third parties that make use of a user’s location (“Location-Based Services”), using location technology such as Global Positioning Satellite (“GPS”), wireless network location, or other location technology. Please review the terms and conditions and the associated privacy policy for each Location-Based Service to learn how the location information will be used and protected. We may also use location information to create aggregate data, subject to our Privacy Policy (located at https://www.lifewireless.com/main/privacy), for services like traffic monitoring and delivering targeted advertising. It is your responsibility to notify users on your account that the Device they are using may be location-enabled. The use of certain Location-Based Services or the disclosure of location information may be restricted by use of parental controls or similar features. Visit our website to learn more.

    10. PREINSTALLED APPLICATIONS: To enhance your Life Wireless experience, we have preinstalled a number of applications on our Devices, including but not limited to: (1) a Lock Screen, (2) a Search Widget, and (3) an App Recommendation Engine. Life 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, Life Wireless may provide you with rewards, including free top-ups of voice minutes, text messages, or data; promotions and discounts; or other benefits. The following additional terms apply to these applications:

      1. Lock Screen: the Lock Screen tool, which was developed and is managed by Carrier EQ Inc. d/b/a AirFox Mobility, will enable you to receive and interact with advertising and other content on the lock screen of your Android Device. Life Wireless and AirFox may collect, use, and share your Personal Information—including but not limited to your location, device identifiers, and usage information—in connection with the Life Wireless Lock Screen. You must opt-in to this service for it to function, which you may do or have done when enrolling in service, and if you opt-in, you may opt-out at any time. However, if you opt-out, you may still receive generic advertisements on your lock screen. You will not be able to delete the Lock Screen functionality from your Device. For more information, please review our Privacy Policy.

      2. Search Widget: the Search Widget, which was developed and is managed by AirFind Corp., enables you to search for Internet content from the home screen of your Android phone. With your consent, the Search Widget may collect your location information in order to provide you with localized search results. The Search Widget may also collect device and connection information, as well as the searches you conduct, in order to deliver your search results and perform analytics. Your searches will be transmitted to Bing.com and, for restaurant searches, Yelp.com, and will be displayed on a Life Wireless branded search results page. You may not delete or replace the Search Widget, but you are not required to use it. For more information, please review our Privacy Policy.

      3. App Recommendation Engine: the App Recommendation Engine, which was developed and is managed by AirFind Corp., provides you with a list of recommended applications from the Google Play store. These recommendations are determined based on your Device. When you select a recommended app from the App Recommendation Engine, you will be directed to the Google Play store for download. Remember: when downloading third-party applications, the terms, conditions, and privacy policies of the third-party applications will apply, and not Life Wireless’ terms and conditions and privacy policy. For more information, please review our Privacy Policy.

      4. Premium Wi-Fi: In addition to the broadband we provide through our Underlying Carrier, your service offering may offer access to Premium Wi-Fi, a mobile service provided by iPass Inc. (“iPass”) that will enable you to access a nationwide network of millions of Wi-Fi hotspots. We do not own or control these Wi-Fi hotspots, or the management of the networks to which they are connected. Premium Wi-Fi is subject to the terms and conditions, privacy policy, and acceptable use policy of iPass, located here: https://www.ipass.com/ipass-terms-and-conditions/. These terms and conditions and policies may be revised from time to time by iPass. In order to use Premium Wi-Fi, you must consent to the iPass terms and conditions.

    11. BROADBAND INFORMATION: For additional information about our broadband Internet access service practices, please visit: https://www.lifewireless.com/main/openinternet.

    12. PRIVACY: By agreeing to the terms and conditions of this Agreement, you also agree to the terms of the Life Wireless Privacy Policy (“Privacy Policy”), which is available at https://www.lifewireless.com/main/privacy. The Privacy Policy may change from time to time so review it with regularity and care. It includes important information on what data we collect about you, how we use this data and with whom we share that data, as well as provides your options regarding how we use your information. Life Wireless may disclose to law enforcement authorities and governmental agencies any information about you, including but not limited to, your name, account information, account history, or other information. As the Company provides telecommunications products and Services to you, the Company obtains 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. Any such “Customer Proprietary Network Information” (CPNI) data that Life Wireless collects from you will be handled in accordance with the FCC regulations and the Life Wireless Privacy Policy. Under federal law, you have the right and the Company has the duty to protect the confidentiality of your CPNI.

    13. LIFE WIRELESS 411 INFO: In some cases our directory assistance service (411) will use the location of the Device to deliver relevant customized 411 information based upon the user’s request for a listing or other 411 service. By using this directory assistance service, the user is consenting to our use of that user’s location information for such purpose. This location information may be disclosed to a third party to perform the directory assistance service and for no other purpose. Such location information will be retained only as long as is necessary to provide the relevant customized 411 information and will be discarded after such use.

    14. LOST OR STOLEN PHONES: If your Device is lost or stolen, you must contact us immediately to report the Device as lost or stolen. You will be responsible for all charges incurred on your phone number until you report the theft or loss. You can report your Device as lost or stolen and suspend service without a charge by contacting us. You may request a replacement through customer service by paying a replacement fee (fees vary depending on your Device). Replacements will be shipped within 24 business hours or receipt of payment. After you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement including, but not limited to, payment of any monthly service fees. We and you have a duty to act in good faith and in a reasonable and responsible manner, including in connection with the loss or theft of your Device.

    15. WARRANTY EXCHANGE PHONE POLICY: Life Wireless does not manufacture our mobile phones or other equipment and is not responsible for any damage or injury caused by mobile phones or other equipment. For a defective or malfunctioning phone replacement, call Life Wireless Customer Service at 1-888-543-3620 or dial 611 on your Life Wireless cellular telephone.

      Life Wireless will replace the defective or malfunctioning phone with a new or refurbished Device once the customer returns the phone and the phone is inspected and deemed defective or malfunctioning at Life Wireless’s discretion.

      Within 30 days of activation: Replacement batteries and chargers will be sent free of charge.Devices must be mailed back to us to determine if they were damaged by customer or are defective. If the device was damaged by the customer, Life Wireless will require payment before providing a replacement. If defective, we will send a replacement with a top-up card.

      31 days and after activation: For as long as the customer account remains active, we will issue a free replacement phone per the following guidelines (Customer must mail the defective/damaged phone to us):

      1. If the phone is determined to be defective we will ship out a replacement phone free of charge along with a recharge PIN covering the cost of mailing the phone to us.

      2. If the phone is determined to be damaged, Life Wireless will require payment before providing a replacement phone. Life Wireless will provide replacements for dead batteries / chargers / damaged SIMs for a flat fee of $5.00.

    16. Mobile Phone Unlocking Policy: Life Wireless will adhere to 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 Life Wireless.

      1. Life Wireless will post on its website a clear, concise, and readily accessible policy on mobile wireless device unlocking.
      2. As a prepaid provider, Life Wireless will, upon request, unlock Life Wireless mobile phones no later than one year after initial activation, for customers that are in full compliance with Life Wireless’ Terms of Service.
      3. Life 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 Life Wireless needs more time to process the unlocking request.
      4. For deployed military personnel who are in full compliance with Life Wireless’ Terms of Service, Life Wireless will unlock mobile phones on receiving valid copies of deployment papers.

      Note that devices that work on Life 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 disabling of software that prevents the activation of a device designed for Life 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 Life 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.

    17. Number Porting: Life Wireless will comply with FCC requirements regarding number portability, including 47 C.F.R. Part 52, Subpart C, with respect to requests to port numbers away from Life Wireless and to allow consumers to bring their numbers with them to Life Wireless.

    18. Maps: Life Wireless will provide maps showing where service is generally available on the Life Wireless website (e.g., at https://www.lifewireless.com/main/coverage) and at Life Wireless locations.

    19. DISHONORED CHECKS AND OTHER INSTRUMENTS: We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including any credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts or the most allowed by law, whichever is less.

    20. CHANGES TO TERMS AND RATES: We may change any terms, conditions, rates, fees, expenses, or charges regarding your service at any time. We will provide you with notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates or administrative charges) by such means as Life Wireless determines to be most practicable, including but not limited to any of the following: playing a recorded message when you attempt to place a call or attempt to add funds to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, posting an update on our website, or by such other means as Life Wireless may determine. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government’s or our calculations. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, AS SUCH PRICES ARE SET FORTH IN YOUR RATE PLAN BROCHURE, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE WILL DISCLOSE THE CHANGE IN ADVANCE. If you lose your eligibility for a particular rate plan, we may change your rate plan to one for which you qualify.

    21. TERMINATION: We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement or any terms and conditions of your rate plan, or if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, or if you fail to make all required payments when due or if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that may adversely affect our service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Devices or Equipment.

    22. SERVICE LIMITATIONS; LIMITATION OF LIABILITY: Limitations of liability set forth herein govern unless they are prohibited by applicable law. Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g. 976, 900 and international destinations) in our sole discretion. Your plan does not include the ability to make and/or receive calls while roaming internationally. Many devices transmit and receive data messages without user intervention and can generate unexpected charges when powered “on”. Life Wireless may send “alerts” via SMS or email, to notify you of usage. These are courtesy alerts. There is no guarantee you will receive them. We may, but do not have the obligation to, refuse to transmit any information through the service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. Airtime and other service charges apply to all calls, including involuntarily terminated calls. LIFE WIRELESS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL LIFE WIRELESS BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Device, including use in a vehicle; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by Life Wireless; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, either a credit equal to a pro-rata adjustment of any recurring charge (if applicable) for the time period your service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from contracting to so limit liability, and provided such law does not discriminate against arbitration clauses, Life Wireless shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or a Device provided by or through Life Wireless, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold Life Wireless and its officers, directors, employees and representatives harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Life Wireless or any person’s use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF LIFE WIRELESS, or any violation by you of this Agreement. This obligation shall survive termination of your service with Life Wireless. Life Wireless is not liable to you for changes in operation, equipment or technology that cause your Device or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

    23. ACCOUNT ACCESS: You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you. An account password will be assigned to you. In order to protect the security of your account, you should change this password as soon as possible after your account is activated. If you do not change your password, your account may be less secure.

    24. VOICEMAIL SERVICE: We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation. We will reactivate the service upon your request.

    25. DISPUTE RESOLUTION BY MANDATORY, BINDING ARBITRATION: Please read this carefully. It affects your rights. Summary: Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by calling our customer service department at 1-888-543-3620. In the unlikely event that Life Wireless’ customer service department is unable to resolve a complaint you may have to your satisfaction (or if Life Wireless has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court, your state’s Public Service Commission or an appropriate federal or state governmental agency instead of courts of general jurisdiction. You maintain your right to file a complaint with your state’s Public Service Commission or the FCC regarding the service provided and/or charges imposed by Life Wireless. Nothing in this paragraph or this Agreement in any way eliminates or abridges that right. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. 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. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Life Wireless will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from Life Wireless to at least the same extent as you would be in court.

    26. ARBITRATION AGREEMENT

      Please read this carefully. It affects your rights.

      1. Mandatory, Bilateral, and Binding Arbitration. You and Life Wireless agree that any dispute, controversy, or claim arising out of or relating in any way to your use of Company Services, or to any products or services sold or distributed by Company or through Company websites or mobile applications, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify ; and (2) this agreement to arbitrate does not include your or Company’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

        There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms and Conditions.

        The term “Dispute” shall include any dispute, claim, or controversy between you and Company regarding or relating to any aspect of your relationship with Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” also includes, but is not limited to, any and all claims between you and Company in any way related to or concerning this Agreement, Company’s services, products, any billing disputes or disputes involving or relating to telephone calls or other communications that you claim were received by you from Company and/or a party acting on Company’s behalf. The term “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Section, “Company” means Company and its parents, subsidiaries, affiliated companies, predecessors in interest, successors, and assigns, and each of their respective officers, directors, employees, and agents.

      2. Dispute Notice. Before initiating an arbitration, you and Company each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to P.O. Box 80397, Conyers, GA 30013-9907 (the “Notice Address”), (2) emailed at dispute@lifewireless.com, (3) submitted by visiting https://www.lifewireless.com/main/contactus, or (4) brought to the attention to Company Customer Service at 1-888-543-3620. Company will provide a Notice of Dispute to you via the mailing address or email address associated with your Company account. You and Company agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Company may commence an arbitration proceeding.

      3. Arbitration Process and Procedure.
        1. All Disputes shall be determined by binding arbitration (1) administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) take place telephonically, unless an in-person hearing is specifically requested by either party. In such case in-person hearings shall take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

        2. Disputes may also be referred to another arbitration organization if you and Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. 9 U.S.C. § 1-16.

        3. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.

        4. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY DISPUTE COVERED BY THIS AGREEMENT.

        5. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Company each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

        6. To commence an arbitration, a Demand for Arbitration is required to be executed and served on Company. Service of the Demand for Arbitration on Company can be mailed to 11000 Alcovy Road, Covington, Georgia 30014 pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address. Further instructions on submitting a Demand for Arbitration can be found at www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. Company will bear the cost of your initial filing fee.

      4. Class Action Waiver. NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE. Further, unless both you and Company expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

      5. Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both Company and you pursuant to JAMS Rule 12.

      6. Arbitrator Award. An arbitrator’s award will consist of a written statement of the disposition of each Dispute and a concise written statement of the essential findings and conclusion on which the award is based. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

      7. Fees. In the event you commence arbitration, after Company receives notice that you have initiated arbitration, Company will promptly reimburse you for your payment of the filing fee and Company will pay the JAMS any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

    27. MISCELLANEOUS: This Agreement, any applicable rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described in this Agreement or the brochure that are posted on a Life Wireless website and any documents expressly referred to herein or therein, make up the complete agreement between you and Life Wireless, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. Life Wireless may assign this Agreement, but you may not assign this Agreement without our prior written consent. In the event of a dispute between us, the law of the state of your address of record on your account at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law (including but not limited to the FAA). Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information. You consent to the use by us or our authorized representatives of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service related notifications, or other such information. The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

  2. TERMS RELATED TO FEDERAL LIFELINE SERVICES

    1. LIFELINE PROGRAM. Lifeline is a government assistance program that is supported by the federal Universal Service Fund and is administered by the Universal Service Administrative Company. In addition to the general terms and conditions above in Part I, the following terms and conditions apply to federal Lifeline Services. The Lifeline program provides monthly discounts on telecommunications service (voice and broadband Internet access service) for eligible consumers. An eligible Life Wireless subscriber may receive a Lifeline discount on wireless service, but the Lifeline discount is available for only one Lifeline offering per Household (including a voice and data bundle). 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 (“Household”). A Household is not permitted to receive Lifeline benefits from multiple providers. Violation of the one-per-household limitation constitutes a violation of the FCC’s rules and will result in the applicant’s de-enrollment from the Lifeline program. Lifeline is a federal benefit and willfully making false statements to obtain the benefit can result in fines, imprisonment, de-enrollment or being barred from the program.

      You may qualify for the Lifeline Services if you meet certain eligibility requirements. For the federal Lifeline program, these requirements are determined by federal regulation. Eligibility requirements for similar state-sponsored programs vary by state.) The federal eligibility requirements include program-based eligibility or income-based eligibility. In most states, applications and eligibility determinations for Life Wireless Lifeline Services are administered by Life Wireless. In some states, including California, applications and eligibility determinations are administered by a state-appointed administrator, and certain procedures may differ from those described here. By completing a Life Wireless application, you consent to the release of required information, including financial information, if necessary, to a designated representative as required for the administration of the Lifeline Services. This consent survives any termination of this Agreement. Life Wireless reserves the right to review any of your continued eligibility for the Lifeline program, at any time, and may require that you provide Life Wireless with written documentation of either your Household income or your participation in a qualifying state or federal program. If you or any member of your Household participates in a Lifeline program with another provider, you are responsible for (1) notifying the other provider that you or the other member of your Household has been approved for a Life Wireless Lifeline program and (2) de-enrolling in Lifeline service with the other provider. Notice to terminate service from any other provider’s Lifeline program must be given before activating new service in the Life Wireless Lifeline program.

    2. PROGRAM BASED ELIGIBILITY. To be eligible for Life Wireless Lifeline Services, a subscriber must meet the applicable eligibility requirements. Life Wireless subscribers are eligible to receive Lifeline discounts, under the program based eligibility criteria, if they participate in one or more of the following programs:

      • Supplemental Nutrition Assistance Program (SNAP) f/k/a Food Stamps
      • Section 8 Federal Public Housing Assistance (FPHA)
      • Medicaid (not Medicare)
      • Supplemental Security Income (SSI)
      • Veterans and Survivors Pension Benefit
      • For subscribers residing on Tribal lands, the following programs also apply:
        • Food Distribution Program on Indian Reservations (FDPIR)
        • Bureau of Indian Affairs General Assistance (BIA)
        • Tribally Administered TANF
        • Head Start (meeting income qualifying standards)

      Acceptable documentation of program eligibility includes: (1) the current or prior year’s statement of benefits from a qualifying state, federal or Tribal program; (2) a notice letter of participation in a qualifying federal or Tribal program; (3) program participation documents (such as the consumer’s Supplemental Nutrition Assistance Program (SNAP) electronic benefit transfer card or Medicaid participation card (or copy thereof)); or (4) another official document evidencing the consumer’s participation in a qualifying federal or Tribal program.

      California has different eligibility requirements compared to the other states in which Life Wireless operates. See the California LifeLine Specific Terms and Conditions below.

    3. INCOME BASED ELIGIBILITY. You are eligible to receive Lifeline discounts, under the income based eligibility criteria, if your total gross income is at or below 135% of the Federal Poverty Guidelines. For purposes of federal regulations, “gross income” means all income actually received by all members of the household from whatever source derived, unless specifically excluded by the Internal Revenue Code. An income worksheet containing the Federal Poverty Guidelines is available at enrollment. Acceptable documentation of income eligibility includes the prior year’s state, federal, or Tribal tax return; current income statement from an employer or paycheck stub; a Social Security statement of benefits; a Veterans Administration statement of benefits; a retirement/pension statement of benefits; an Unemployment/Workmen’s Compensation statement of benefits; federal or Tribal notice letter of participation in General Assistance; or a divorce decree, child support award, or other official document containing income information. . If your documentation of income that does not cover a full year, such as current pay stubs, you must provide the same type of documentation covering three consecutive months within the previous twelve months.

      California has different eligibility requirements compared to the other states in which Life Wireless operates. See the California LifeLine Specific Terms and Conditions below.

    4. NON-TRANSFERABLE AND NON-ASSIGNABLE. Eligibility for Life Wireless Lifeline Services is personal and relates to the subscriber individually. Lifeline Services subscribers may not transfer to any third party, including a third party that is eligible for Lifeline service, any of the subscriber’s rights or benefits received under the Life Wireless Lifeline Services, including, but not limited to, any voice minutes or broadband data received under the Life Wireless Lifeline Services. Similarly, subscribers may not assign their rights or delegate any of their duties under this Agreement without the prior written consent of Life Wireless, and any attempted assignment or delegation without such consent shall be void.

    5. USAGE POLICY. To maintain your Lifeline service, you must use your service every 30 days (unless you have a regular billing and payment relationship with us). At or before 30 days of non¬use, Life Wireless will provide notice to the subscriber that failure to use the Lifeline Services within a 15-day notice period will result in de¬enrollment. Subscribers can “use” the Services by: (1) completing an outbound call or using data; (2) purchasing minutes or data from Life Wireless to add to the subscriber’s plan; (3) answering an incoming call from a party other than Life Wireless; (4) responding to direct contact from Life Wireless and confirming that the subscriber wants to continue receiving the service; or (5) sending a text message. If the subscriber does not respond to the notice, the subscriber will be de¬enrolled. This usage policy applies only to customers who do not have a regular billing relationship with us.

    6. LIFE WIRELESS LIFELINE PROGRAM CERTIFICATION.1 Subscribers applying for Life Wireless Lifeline Services agree to and certify that all of the following conditions below apply (but not limited to):

      • Applicant has read and understands the disclosures listed in the Lifeline Service Application and Certification (“Certification”) form;
      • Applicant certifies that to the best of their knowledge, applicant’s Household is not already receiving a Lifeline service benefit;
      • Lifeline service is limited to one connection per Household;
      • The applicant meets the income-¬based or program¬-based eligibility criteria for receiving Lifeline service and has provided documentation of eligibility if required;
      • If the applicant is seeking to qualify for Lifeline as an eligible resident of Tribal lands, he or she lives on Tribal lands;
      • Applicant will be required to provide the last four digits of the applicant’s Social Security Number or Tribal ID Number;
      • Applicant has read and understands the disclosures listed in the Certification form regarding activation and usage requirements;
      • Applicant authorizes Life Wireless to access any records required to verify application statements on the Life Wireless form and to confirm applicants’ eligibility for the Lifeline program;
      • Applicant authorizes Life Wireless to release any records required for the administration of the Lifeline program (e.g., name, telephone number and address), including to the Universal Service Administrative Company to be used in a Lifeline database and to ensure the proper administration of the Lifeline Program. Failure to consent will result in denial of the Lifeline Services;
      • Applicant will notify Life Wireless within 30 days if for any reason he or she no longer satisfies the criteria for receiving Lifeline Services, including, as relevant, if applicant no longer meets the income-¬based or program-¬based eligibility criteria, applicant begins receiving more than one Lifeline benefit, or another member of applicant’s household is receiving a Lifeline benefit. Applicant understands that he or she may be subject to penalties if he or she fails to follow this requirement;
      • Applicant is not listed as a dependent on another person’s tax return (unless over the age of 60);
      • Applicant’s address listed on the Certification form is the applicant’s primary residence, not a second home or business;
      • If applicant moves to a new address, applicant will provide that new address to Life Wireless within 30 days;
      • Applicant acknowledges that providing false or fraudulent information to receive Lifeline benefits is punishable by law;
      • Applicant acknowledges that he or she may be required to re¬certify continued eligibility for Lifeline at any time, and failure to re¬certify as to continued eligibility within 30 days will result in de-enrollment and the termination of applicant’s Lifeline benefits;
      • The information contained in the applicant’s Certification form is true and correct to the best of applicant’s knowledge;
      • If applicant participates in another Lifeline program at the same time he or she is applying for Life Wireless Lifeline Services, the applicant must cancel Lifeline service with the other provider; and
      • Applicant affirms he or she is at least 18 years old, unless Applicant is an emancipated minor.
    7. TERMINATION OF SERVICE AND ANNUAL RECERTIFICATION REQUIREMENTS.2 A subscriber participating in the Life Wireless Lifeline program will be required to re¬certify, on an annual basis, his or her eligibility to continue to participate in the Lifeline program based on the appropriate state and federal recertification or verification requirements. In states where Life Wireless is responsible for eligibility determinations, Life Wireless reserves the right to determine, at its sole discretion, if a subscriber meets the annual recertification or verification requirements and if the subscriber fails to re-qualify for the Lifeline Services. If Life Wireless is unable to recertify or verify the required Lifeline qualifications, the subscriber will be deemed ineligible to further participate in Life Wireless Lifeline program plans. If the subscriber chooses to continue service after de-enrollment from the Lifeline program, the subscriber’s free or discounted minute plan will be discontinued and the subscriber will have the option to choose from any of the then available prepaid plans under the applicable terms and conditions for that plan.

      Life Wireless reserves the right to cancel or suspend, without notice, a subscriber’s account for any fraud related reasons, including suspected fraud, or upon the request of any state or federal authority. Life Wireless subscribers have the ability to de-enroll from the Lifeline program for any reason. Subscribers who choose to de-enroll from the Lifeline program can make this request by calling the Company’s customer service number and will not be required to submit any documents. The Company will de-enroll the subscriber within five (5) business days. Upon de-enrollment from the program, subscribers will no longer receive free minutes or data each month and may be required to re¬qualify for Lifeline service if they choose to enroll again in a Life Wireless Lifeline program.

      De-enrollment requests (include name, wireless number, and identity related information) can also be sent to: Telrite Corporation d/b/a Life Wireless, PO Box 2840, Covington, GA 30015.

    8. ETC SERVICE AREAS. Life Wireless Lifeline programs are only available for activation by subscribers who reside in the areas in which Life Wireless has been designated as an Eligible Telecommunications Carrier (“ETC”). To receive subsidized wireless service, a subscriber’s principal residence address must be within a Life Wireless ETC service area. Subscribers should check www.lifewireless.com to see whether they reside in a Life Wireless ETC service area.

    9. MOBILE DEVICES. Except where a customer brings his or her own device to Life Wireless, Device models provided to Lifeline subscribers are selected at the sole discretion of Life Wireless and comply with the FCC’s minimum requirements for such devices.

    10. Life Wireless “CONNECTING OUR HEROES” PROGRAM. Life Wireless will provide 100 free additional minutes each month to qualifying Life Wireless Lifeline subscribers who are active military service members or military veterans. Minutes do not roll over and are not transferable. The additional benefit is offered at Life Wireless’ sole discretion.

  3. CALIFORNIA LIFELINE SPECIFIC TERMS AND CONDITIONS:

    The California LifeLine Program provides discounts on phone services to eligible households. Only one California LifeLine discounted service per household for each residential address is allowed. Each household must choose to get the discount either on a home phone or on a cell phone, but not on both. Households cannot get the discount from multiple phone companies. Households that do not follow the California LifeLine one discounted service per household rule will lose their discounts. The California Public Utilities Commission develops the eligibility requirements for qualified households to receive the California LifeLine discounts. The eligibility requirements can be found at http://www.cpuc.ca.gov/lifeline/ and https://www.californialifeline.com/en/eligibility_requirements.

    California LifeLine discounts can be transferred from one carrier to another, but you may not have more than one phone line active with the California LifeLine discounts. If you choose to transfer your California LifeLine discounts to another carrier, then you may be charged the retail rates.

    1. Taxes and Surcharges: California LifeLine participants are exempt from state and local taxes and surcharges, California Public Utilities Commission user fee, federal excise tax, local franchise taxes, and State 911 tax associated with telephone service.

    2. Cessation of Service: Should Life Wireless ever decide to cease offering California LifeLine service, it will provide no less than thirty days’ notice to California LifeLine participants before withdrawing the services.

    3. Bundling of Services: Participants in California LifeLine are not required to purchase bundled plans with video, data and/or other services in order to receive the California LifeLine discount.

    4. Response to notification of no voice-grade connection: If, at any time, a participant fails to receive a voice-grade connection and notifies Life Wireless, the Company will: (1) promptly restore the voice-grade connection, or if not possible, (2) provide telephone service to that participant using different technology if offered by Life Wireless and if the participant agrees; or (3) allow the participant to discontinue service within 14 days of service activation without incurring early termination fees. Life Wireless does not require participants to enter into a service contract, so participants are free to discontinue service at any time without penalty. Life Wireless will also refund in full any applicable service connection charges and deposits if a participant terminated service within three days of service activation, excluding national holidays. Life Wireless is committed to prompt and effective responses to customer notifications.

    5. Access to 911: Life Wireless will provide California LifeLine participants with free, unlimited access to 911 emergency services in compliance with current state and federal laws and regulations as well as information regarding 911 emergency services. If the mobile handset is the only phone in your home, residents will not have access to call 911 when the handset is removed from that location.

    6. Minimum Service: All California LifeLine plans will have no fewer than 501 voice minutes and will include voice messaging.

    7. Power Back-Up: Life Wireless operates as a mobile virtual network operator. Its underlying carriers provide power backup systems including limitations due to equipment on towers or other facilities in accordance with Federal and State requirements. Nonetheless, coverage and quality of services may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions. We do not guarantee that there will be no interruptions or delays in services.

    8. Charges: Eligible California LifeLine subscribers will receive free airtime as part of their Life Wireless California LifeLine service. Both free and purchased airtime is provided in units. Units are depleted at the rate of one (1) unit per voice minute and one (1) unit per three (3) text messages sent or received. Airtime is used in one-minute increments and any fraction of a minute it rounded up to the full minute rate. Minutes may be used for local calls and domestic long distance calls as Life Wireless does not distinguish between these for its customers. Some plans include data usage. Data is measured in megabytes which are decremented at the rate of content downloaded or uploaded to the network. Subscribers may purchase additional “top up” units at the Life Wireless retail locations, through any Money Gram location and on the Company’s website. Top-up units are provided using the PureTalk USA and Pure Unlimited brands, by Puretalk Holdings, LLC, a sister company. Free minutes do not roll over and purchased units remain usable for thirty days. Life Wireless’ LifeLine subscribers will have access to custom calling features at no charge, including Caller ID, Call Waiting, Call Forwarding, 3-Way Calling, Voice Mail, and No Roaming charges.

      The following call types can be accessed as follows by Life Wireless subscribers:

      • 411 Directory Assistance: While there is no monetary charge for Directory Assistance calls, units will be deducted from subscribers for such calls.
      • 611 Customer Service: Life Wireless California LifeLine subscribers will have free, unlimited access to 611 for information about California LifeLine, service activation, service termination, service repair, and bill inquiries. Calls to 611 incur no charge and do not count against the participant’s allotted voice minutes or number of calls.
      • 711 Relay Service: Calls to the 711 Relay service center are provided at no charge and will not be counted against California LifeLine plan minutes though the relayed call itself will result in corresponding decrement of units.
      • 911 Emergency Service: Life Wireless California LifeLine subscribers will receive a 911/E911 compliant headset and calls to 911 emergency services are always provided at no charge and no decrement of units, regardless of service activation or availability of units.
      • N11 Numbers: Public Safety, N11 Numbers (211, 311, 511, 711 and 811) will be supported for California LifeLine subscribers at no monetary charge. Units for calls to these numbers will not be deducted from a subscriber’s available balance.
      • Operator Services: Life Wireless provides access to operator services for its California LifeLine subscribers commensurate to those available to its retail customers. Calls to operator service will decrement units but the subscriber will not be assessed any fees.
      • Pay-Per-Call Service: Life Wireless California LifeLine subscribers will have free blocking for 900/976 information services and a one-time free billing adjustment for 900/976 information services related charges inadvertently or mistakenly incurred, or without authorization.
      • Toll Free Numbers: There is no additional charge for calls to toll free numbers but units will be deducted for such calls from subscribers’ available balance of units.
      • No Termination Fee: Life Wireless does not require California LifeLine subscribers to enter into a service contract, so subscribers are free to discontinue service at any time without any fee or penalty.
    9. Availability of handsets/SIM cards; Condition of handsets: Life Wireless will provide a free cellular telephone to each California LifeLine participant, if desired by the participant, and provided that Life Wireless reserves the right to refuse to provide a free cellphone to any participant in accordance with the Company’s Handset Policy. The equipment is new. A participant may choose, instead, to use the participant’s own handset, if compatible with Life Wireless service. In such case, Life Wireless will provide the participant with a SIM card to enable such use.

    10. Return of device within three days: California LifeLine participants may return Life Wireless-provided device(s) within three days of service activation without being assessed a restocking fee for the returned device(s).

    11. Deaf and Disabled Telecommunications Program: Life Wireless will provide access to two California LifeLine discounted telephone lines to Deaf and Disabled Telecommunications Program participants.

    12. Application Process, Promotional Minutes, Enrollment.
      1. Applying
        1. In-Person: You may apply with Life Wireless in-person at a Life Wireless location. During this process, a Life Wireless representative will ask you to choose your preferred calling plan. Following the in-person application, the applicants’ credentials will be submitted to the Life Wireless Compliance Department for review. Life Wireless will then follow the pre-screening and approval process described below.

        2. By Website & Mail: As an alternative, you may apply for service by using the Life Wireless website (“Website”) and then sending copies of needed documentation by mail. Applying through the website and mail involves the following process:

          • Select “Sign Up Today” on the website home page, then “Sign Up - Lifeline Service.”
          • Select “California” to see a description of California LifeLine plans and applicable forms.
          • Fill out the required customer information and click submit.
          • Customer Information is then submitted to the California LifeLine Administrator for processing where:
            • The California LifeLine Administrator will mail the application to the applicant.
            • The applicant will complete the necessary forms and gather necessary documentation.
            • The applicant will mail the completed forms and necessary documentation to the California LifeLine Administrator.
        3. By Customer Service: Finally, you may apply by contacting Customer Service directly where a Customer Service Representative will collect the information needed for the Website application and enter and submit the information directly for you.

      2. Pre-Screening & Promotional Minutes

        If your application is in-person, the Life Wireless Compliance Department will pre-screen applicants in an effort to eliminate waste, fraud and abuse. The pre-screening will occur before sending information and application to the California LifeLine Administrator on behalf of the customer. If approved by the Life Wireless Compliance Department, you will be considered “pre-screened.” After pre-screening, your information will then be submitted to the California LifeLine Administrator’s “Direct Application Process” (the “DAP” process) and Life Wireless will retrieve the California LifeLine Certification Form generated by the Administrator

        If the process above is successfully completed, you will not yet be a California LifeLine subscriber, but may be given a free handset (unless you may elect to use your own handset, in which case you will be given a SIM card) with a telephone number assigned to it (or to your own handset), loaded with a promotional allotment of 250 voice minutes at no charge to you.4 The promotional minutes are not California LifeLine service and the handset may not be used to access California LifeLine service at any point prior to an affirmative eligibility determination by the California LifeLine Administrator and subsequent enrollment in the California LifeLine Program. You will be informed of the handset activation process, which requires the subscriber to place a call into Life Wireless’s interactive voice response (“IVR”) system. Once you have made that initial call to the Life Wireless IVR, the handset will be active, and a $39 activation charge will be assessed on your account. In the event that you use up the 250 voice minutes prior to approval by the California LifeLine Administrator, you may continue to use the phone by purchasing prepaid airtime minutes from Puretalk Holdings, LLC under the PureTalk USA and Pure Unlimited brands, and you would still have access to 911 from the phone.

      3. Approval & Enrollment

        Following successful completion of the steps outlined above, in the case of an in person application, Life Wireless will submit your application and supporting documentation to the California LifeLine Administrator for approval. In the case of a web or customer service application, you will receive information in the mail directly from the California LifeLine Administrator and be required to mail the necessary forms and documentation directly back to the California LifeLine Administrator. In either case, the California LifeLine Administrator is the only entity that can issue final approval. In addition to written notification of decision sent to you from the Administrator, Life Wireless notifies its subscribers of the Administrator’s decision via a no-charge text message for in person applications or a notice via U.S. Mail for web and customer service applications.

        In the case of an approval, Life Wireless will notify you of approval as a Life Wireless California LifeLine subscriber. The notification will inform you that the California LifeLine benefit will start once the customer makes an initial phone call. In the case of a web or customer service application, a handset will be shipped to the applicant if the applicant is eligible for a free handset or has purchased one from the Company (if the applicant chooses to use the applicant’s own handset, a SIM card will be shipped to the applicant). Life Wireless will not activate the benefits until you use your phone to call, thus triggering enrollment in the federal Lifeline and California LifeLine benefit programs. Your service start date will be the date of that first call. Once the California LifeLine benefit starts, the Company will credit your account with the $39 activation fee.

        Where the California LifeLine Administrator’s decision is one of a correctable denial, Life Wireless will provide notification of the correctable denial and will advise you to respond to the “pink envelope” from the Administrator. In the event of a final denial, Life Wireless will notify you of the final denial and advise you, and if applicable, that you will remain as an unsubsidized pre-paid subscriber who can purchase pre-paid airtime and data online or at participating retail locations. The final denial notice will also direct you to contact Life Wireless Customer Care if you have questions.

        In the event that the California LifeLine Administrator denies your participation in California LifeLine, and you have been provided a phone or a SIM card, and promotional minutes, you would still be able to use the phone by utilizing the originally-provided 250 voice minutes, and then by purchasing prepaid airtime minutes sold by Puretalk Holdings, LLC under the PureTalk USA and Pure Unlimited brands. In addition, you would still be able to make 911 calls using the phone.

    13. Enrollment Limitation.

      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.

    14. Schedule of Rates and Charges: Life Wireless will provide a schedule of rates and charges for all of its California LifeLine plans on the Life Wireless website and at Life Wireless locations.

    15. No Form of Payment Fee: Life Wireless will not assess a fee to participants for paying their bills (i.e. paying for service) in person by cash, check or other form of payment.

    California Customers: For tips on how to protect against fraud, please visit the CPUC’s website at, www.CalPhoneInfo.com


    1 Program Certification procedures applicable to California residents applying for Life Wireless Lifeline Services supported by federal Lifeline voice benefits or California LifeLine benefits may differ from those described here.

    2 The California LifeLine Program has different service termination and annual recertification requirements. See the California LifeLine Specific Terms and Conditions below.

    3 The Company reserves the right to refuse to provide a free cellphone in accordance with the provisions of the Company’s Handset Policy. Customers who are not entitled to a free handset must purchase a handset from the Company or provide their own compatible handset.

To obtain Life Wireless service potential subscribers must meet certain eligibility requirements such as receiving governmental assistance or a household income that is 135% or below Federal Poverty guidelines for a household of that size, or the percentage guideline for your state. The specifics of what determines a potential subscriber's eligibility are specific to each state. Life Wireless service is limited to one per household, and cannot be combined with any other Lifeline offering.