TERMS AND CONDITIONS
Terms and Conditions: These “Terms and Conditions of Service” are a legally binding agreement (“Agreement”) between you and North American Local, LLC. By enrolling in the North American Local, LLC Program and by using the North American Local, LLC service (the “North American Local, LLC Service”), you (“You”), the participant, acknowledge and agree to the following Terms and Conditions of Service. North American Local, LLC reserves the right to change or modify any of these Terms and Conditions of Service at any time and at its sole discretion.
PROGRAM DESCRIPTION: North American Local, LLC Service is funded by the Universal Service Fund Lifeline Program and administered by the Universal Service Administrative Company. In order to qualify for enrollment in the North American Local, LLC Program, a person must meet certain eligibility requirements where the North American Local, LLC Program is offered. These requirements are based on a person’s participation in a state or federal support Program(s) or by meeting certain income requirements based upon the Income Poverty Guidelines as denied by the US Government. Federal law limits the availability of the Lifeline Benefits. Federal law permits only one Lifeline benefit per household (which is denied as any individual or group of individuals who live together at the same address and share income and expenses). Applicants for the North American Local, LLC Program must complete an application form, provide supporting documentation that they meet the eligibility requirements and certify, under penalty of perjury, that they: • Are eligible for and currently receive benefits from the public assistance Program(s) identified in the application form, or that they have income at or below the designated eligibility level. • Understand they may be required to recertify their continued eligibility at any time, and that failure to recertify will result in the loss of their benefits. • Do not currently receive Lifeline support for a telephone line serving their household and no other resident in their household participates in the Lifeline Program. • Will notify North American Local, LLC by calling 1-877-200-2932 within thirty (30) days if they no longer qualify for any of the public assistance Programs identified in their application form, no longer meet the criteria for income eligibility, if another member of their household receives Lifeline benefits, or if they no longer qualify for Lifeline for any other reason. • Will notify North American Local, LLC of any change of address within thirty (30) days by calling 1-877-200-2932 • Reviewed the information contained in their application and it is true and correct to the best of their knowledge and belief, and that they understand that providing false or fraudulent information to obtain Lifeline benefits is punishable by law. You may be required to provide copies of documents proving your eligibility to participate in Lifeline. You should not send original documents to North American Local, LLC. Documents sent to North American Local, LLC will not be returned. North American Local, LLC is not responsible for any losses resulting from the destruction of documents sent to North American Local, LLC. Applicants who qualify and are enrolled in the North American Local, LLC Program will receive a free cellular phone provided by North American Local, LLC together with a free allotment of airtime minutes each month for up to one year. North American Local, LLC will determine at its sole discretion whether or not an applicant meets the eligibility requirements to participate in the North American Local, LLC Program. Please call North American Local, LLC at 1-877-200-2932 or visit our website at northamericanlocal.com for further information. Upon enrollment in the North American Local, LLC Program, You will be qualified to participate for up to one (1) year. To continue your enrollment in the North American Local, LLC Program after the initial year, you must re-certify annually that you are qualified for continued enrollment in the North American Local, LLC Program as required by your state Public Service Commission, Public Utility Commission or other agency administering the North American Local, LLC Program in Your state. North American Local, LLC will also conduct re-certification drives for each state according to its rules. If North American Local, LLC determines during its re-certification drive, or at any other time, that a customer fails to continue to qualify for the North American Local, LLC Program, such customer will immediately be deemed ineligible to participate in the North American Local, LLC Program, will be de-enrolled from the North American Local, LLC Program and will no longer receive the free monthly minutes. North American Local, LLC Customers who are no longer eligible (for any reason) for enrollment in the North American Local, LLC Program must, within 30 days, notify North American Local, LLC that they no longer meet the eligibility requirements for enrollment. A North American Local, LLC customer’s enrollment may also be cancelled upon the request of a state and/or federal authority. Note that, pursuant to FCC regulation, a person who enrolls in a Lifeline supported service may not enroll in Lifeline supported service with a different provider for a period of sixty (60) days (if a voice service only subscriber) or twelve (12) months (if the service includes data). North American Local, LLC and North American Local, LLC reserve the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s North American Local, LLC phone for fraud, misrepresentation or other misconduct as determined solely by North American Local, LLC. While participating in the North American Local, LLC Program, a customer shall not be permitted to sell, rent, give away or in any way allow another person to use the cellular phone or North American Local, LLC Service provided to him/her by North American Local, LLC. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE NORTH AMERICAN LOCAL, LLC PHONE OR NORTH AMERICAN LOCAL, LLC SERVICE PROVIDED TO YOU. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. In addition, if North American Local, LLC determines, in its sole discretion, that a North American Local, LLC customer has violated these prohibitions, North American Local, LLC will the permanently de-enroll the customer from the North American Local, LLC Program, their phone will be permanently deactivated and the customer may not re-enroll in the North American Local, LLC Program in the future. If you have any questions, concerns, comments or complaints regarding the North American Local, LLC Program or Service, offerings or products, please call North American Local, LLC Customer Service at 1-877-200-2932. You may also contact your state’s Public Service Commission/Public Utility Commission.
ACTIVATION AND USE OF YOUR PHONE: Upon enrollment in the North American Local, LLC Program, you must accept the North American Local, LLC telephone number assigned to your phone at the time of activation and you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the North American Local, LLC Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not North American Local, LLC. The number assigned to your North American Local, LLC phone at the time of activation will not be changed for any reason unless required by a Carrier or if the number is lost following the deactivation of your phone. You may not select a number to be assigned to your North American Local, LLC phone. North American Local, LLC Service can only be activated where North American Local, LLC Service is offered and supported by North American Local, LLC. Some functions and features referenced in the Manufacturer’s manual provided with your North American Local, LLC phone may not be available on your North American Local, LLC handset. North American Local, LLC may modify or cancel any North American Local, LLC Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these terms and conditions of service. Not all services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or Programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.
RATES, USAGE, AND INCLUDED MONTHLY MINUTES: While you are enrolled in the North American Local, LLC Program, you will receive a free monthly allotment of airtime minutes as provided for the North American Local, LLC Program approved in your state. North American Local, LLC airtime is issued in minute (or unit) increments. Units are deducted from the North American Local, LLC phone at a rate of one (1) unit per minute or partial minute of use. There is no additional charge for nationwide long distance. As a North American Local, LLC customer, you are required to annually verify your continued Program eligibility in the North American Local, LLC Program every year (not including the year you enroll). If you fail to complete your annual verification by your service anniversary date, you will be de-enrolled from the North American Local, LLC Program. Upon de-enrollment from the North American Local, LLC Program, you will cease receiving the free monthly allotment of airtime. If you are de-enrolled, your phone will remain active and you may continue to use your phone so long as you have available airtime minutes and service days remaining on your phone. If your service is deactivated, you may reactivate your service by either re-enrolling in the North American Local, LLC Program (if eligible) or purchasing more airtime. Upon reactivation of your phone, you may be assigned a new telephone number. If you have been de-enrolled from the North American Local, LLC Program and are not eligible to re-enroll but you wish to keep your service active, you must purchase and redeem additional airtime and service. To prevent any interruption in your phone service, please keep your handset service active by timely completing your annual re-certification as required by the North American Local, LLC Program.
“NON-USAGE”: De-Enrollment and Deactivation: Only subscribers who actively use their Lifeline service are eligible to continue receiving benefits. If you reach thirty (30) consecutive days without any Usage (as denied in this section), you will be notified that failure to use your handset within fifteen (15) days will result in termination of Lifeline benefits. “Usage” includes any of the following: making a call, answering a call from someone other than North American Local, LLC, sending a text message, using data services, completing the Annual Recertification process, purchasing airtime or data or informing North American Local, LLC that you wish to continue your participation in the North American Local, LLC Program. In order to reactivate your North American Local, LLC phone and re-enroll in the North American Local, LLC Program, you will need to call Customer Service. Upon successful re-enrollment, you will receive the monthly minutes that you were entitled to receive through the date your enrollment was cancelled. You will not, however, receive any airtime for the period of time you were not enrolled in the North American Local, LLC Program.
RIGHT TO TERMINATE YOUR SERVICE: You agree not to give away, resell or offer to resell the North American Local, LLC Phone or Service provided by the North American Local, LLC Program. You also agree your North American Local, LLC Phone will not be used for any other purpose that is not allowed by this Agreement or that is illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE NORTH AMERICAN LOCAL, LLC PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if You: (a) violate any of the terms and conditions of service; (b) lie to us or attempt to defraud us; (c) allow anyone to tamper with your North American Local, LLC Phone; (d) threaten or commit violence against any of our employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with our representatives; (f) steal from us; (g) harass our representatives; (h) interfere with our operations; (i) engage in abusive messaging, emailing or calling; (j) modify your device from its manufacturer’s specification; or (k) use the service in a way that adversely affects our network or the service available to our other customers. We reserve the right to, without notice, limit, suspend or end your service for any other operational or governmental reason. In addition to permanently terminating your Service, criminal offenses (i.e., selling or giving away your Service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
UNAUTHORIZED USAGE: North American Local, LLC products and services are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your North American Local, LLC product constitutes a violation of your agreement with North American Local, LLC and is prohibited.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT: Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. North American Local, LLC reserves the right to substitute and/or replace any North American Local, LLC equipment (including handsets) with other North American Local, LLC equipment including handsets of comparable quality. Some functions and features referenced in the Manufacturer’s manual for a particular North American Local, LLC handset may not be available on your phone. North American Local, LLC does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither North American Local, LLC, nor any Carrier, shall have any liability for service failures, outages or limitations of Service.
LOST OR STOLEN PHONE POLICY: A phone reported lost or stolen will be permanently deactivated. Any airtime that you may have had on your lost or stolen phone will be lost. If you wish to continue receiving North American Local, LLC service, you may either buy a replacement phone from us, or provide your own unlocked phone, and purchase a replacement SIM card.
DISCLAIMER OF WARRANTIES EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
HEARING, VISUAL OR SPEECH IMPAIRED ACCOMMODATIONS: Any hearing, visual or speech impaired persons interested in applying for a specially equipped North American Local, LLC must call North American Local, LLC at 1-877-200-2932 and specify the need(s) to an agent and North American Local, LLC will make every effort to assist such customer in obtaining a handset that is in compliance with all applicable laws, rules, and regulations.
EMERGENCY CALLS: North American Local, LLC customers have access to 911. Occasionally, however, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go though and you should dial 911 from the nearest landline phone.
LIMITATION OF LIABILITY: North American Local, LLC is not liable to you for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. North American Local, LLC will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any service or equipment provided by or manufactured by third parties. When your North American Local, LLC phone is returned to North American Local, LLC for any reason, North American Local, LLC is not responsible and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads you may have stored on your phone or which may remain on your phone.
INDEMNIFICATION: You agree to indemnify and hold harmless North American Local, LLC from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a North American Local, LLC phone and/or use of the North American Local, LLC Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
DISPUTE RESOLUTION: Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service department at 1-877-200-2932. As such, you agree that you will first contact with any dispute and provide a description of the nature of the dispute, all relevant documents, other information concerning the dispute, and your proposed resolution before taking any formal action. If we are unable to reach a resolution of your dispute within 30 days of your notice to us, you agree that you will submit the dispute to binding arbitration as set forth in this provision or small claims court rather than ling a lawsuit. You may forward your dispute to: North American Local, LLC, Inc., Attn: Lifeline Department, 13430 Gulf Beach Hwy., #79, Pensacola, FL 32507. BINDING ARBITRATION PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF NORTH AMERICAN LOCAL, LLC’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND NORTH AMERICAN LOCAL, LLC FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT. This provision is intended to encompass all disputes or claims arising out of your relationship with North American Local, LLC, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to you and North American Local, LLC include our respective subsidiaries, affiliates, and predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must present any claim or dispute to North American Local, LLC by contacting our Lifeline Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. If your dispute proceeds to arbitration, the arbitration of any dispute shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting North American Local, LLC’s Lifeline Department as set out above. You and North American Local, LLC agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted in an e-ort to minimize costs and the time it may take for an arbitrator to reach his or her decision. You and North American Local, LLC agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and North American Local, LLC agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), North American Local, LLC will pay the administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between you and North American Local, LLC in accordance with AAA Rules. Additionally, North American Local, LLC hereby waives any right to seek its attorney’s fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to you, the customer, where the law would so provide. If you initiate an arbitration in which you seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which you, the customer, reside to the dispute. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and North American Local, LLC waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor North American Local, LLC shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction. In the event that any claim proceeds in a court of law rather than through arbitration, you and North American Local, LLC agree that there will not be a jury trial. You and North American Local, LLC unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and North American Local, LLC further agree that in the event of litigation, this section of the Agreement may be led as an exhibit illustrating a knowing and written consent of any right to a trial by jury. YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH NORTH AMERICAN LOCAL, LLC AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY CALLING US AT 1877200-2932 OR BY WRITING TO NORTH AMERICAN LOCAL, LLC, INC., ATTN: Lifeline Department, 13430 Gulf Beach Hwy., #79, Pensacola, FL 32507.
NORTH AMERICAN LOCAL, LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NORTH AMERICAN LOCAL, LLC SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NORTH AMERICAN LOCAL, LLC KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NORTH AMERICAN LOCAL, LLC SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.
These are the entire Terms and Conditions between North American Local, LLC and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.