By agreeing to the terms and conditions of this Agreement, you also agree to the Torch Wireless Privacy Policy (“Privacy Policy”).
It contains important information regarding the 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. Torch 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 information collected from you will be handled in accordance with the Federal Communications Commission regulations and the Torch Wireless Privacy Policy.
Under federal law, you have the right and the Company has the duty to protect the confidentiality of your information.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, 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 DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES.
Limited Liability
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
Indemnification
Subscriber agrees that neither Torch Wireless nor our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) Data Content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; (h) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or Torch Wireless storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure your Device, computer, or equipment and to back-up your information stored on each.
Dispute Resolution
In addition to the terms outlined in the Disputes provision of this agreement, you agree to contact Torch Wireless directly with any disputes. You agree to provide a description of the dispute, any supporting documentation, and relevant information, as well as the requested dispute resolution. Torch Wireless will contact you at your contact information on file to discuss and seek to resolve the dispute in good faith. Until such resolution is reached, you agree to continue to perform in accordance with the terms of use outlined for Service with Torch Wireless, including ensuring balances owed are paid as agreed upon.
In the event a resolution is not reached within 30 days from the date of the notice, either party may commence a binding arbitration proceeding in accordance with the Arbitration provision of this agreement.
Arbitration
We each agree to arbitrate all Disputes between us, on an individual basis, not on a class-wide or consolidated basis. This agreement to arbitrate is intended to be broadly interpreted. In arbitration, there is no judge or jury. However, just as a court would, the arbitrator must honor the terms and limitations in the Agreement and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and the award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
“Disputes” are any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if it arises after Services have terminated. Disputes include claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) you bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that we bring against you. It also includes but is not limited to claims related in any way to or arising out of in any way any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
If either of us wants to initiate a claim to arbitrate a Dispute, we each agree to send a written notice to the other providing a description of the dispute, a description of previous efforts to resolve the dispute, relevant documents and supporting information, and the proposed resolution. Notice to you will be sent to the mailing address on file and notice to us will be sent to the Torch Wireless Corporate Address. We each agree to make attempts to resolve the dispute prior to filing a claim for arbitration. If we each cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we each may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a dispute is subject to arbitration.
Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service.
We each agree that we will only pursue arbitration on an individual basis and will not pursue arbitration on a class-wide or consolidated basis. We each agree that any arbitration will be solely between you and Torch Wireless (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
Jury or Class Actions
To the extent allowable by law, you expressly agree and waive any right to pursue claims or disputes against Torch Wireless on a class action lawsuit or assert a claim in a representative capacity in any lawsuit, arbitration, or other proceedings. Further, you expressly agree and waive any right to a trial by jury in any lawsuit, arbitration, or other proceedings.
Agreement Survival and Severability
This agreement, including any policies, schedules, attachments, exhibits, or other documents it incorporates serves as the entire agreement between us and supersedes any prior written or oral agreements, including statements made by sales or service representatives. If any part of this agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. If either of us waives or does not enforce a requirement under this Agreement in an instance, we do not waive our right to later enforce that requirement. The rights, obligations, and commitments under this Agreement that by their nature, would logically continue beyond the termination of Services, including but not limited to dispute resolution, billing, limitation of liability, and arbitration, shall survive termination of the Services.
Intellectual Property
All contents, including marketing, images, logos, and brand marks are licensed to or property of Torch Wireless. You agree not to infringe, misappropriate, or otherwise violate the rights.
Lifeline Program
The Lifeline Program is a federal program that provides a monthly discount on landline or wireless phone Service to eligible low-income households. It is supported by the federal Universal Service Fund and is administered by the Universal Service Administration Company.
In addition to the General Terms and Conditions in this agreement, the Lifeline Program Terms and Conditions outlined below also apply.
Wholesale Terms and Conditions
Service Specific Conditions
Wholesale services are subject to the general terms and conditions, and as applicable, upon specific agreement(s) to provide services, additional provisions, conditions, and terms for the specific wholesale services will be provided.
Lifeline Program Terms and Conditions
Eligibility and Qualification
Eligibility varies by state. In order to qualify, a customer must reside in the areas in which Torch Wireless has been designated an Eligible Telecommunications Carrier (ETC) and the principal address must be within the company’s service area. Subscribers must meet eligibility requirements set by each state where the Torch Wireless Lifeline plans are offered. These requirements are based on (a) an individual’s (or their dependant’s) participation in state or federal support program(s) or by (b) meeting certain income requirements based upon the Federal Poverty Guidelines as defined by the US Government. Proof of program participation such as a program identification card or other social service agency document that shows you currently participate in a qualifying federal or state program is required. If qualifying based on income, proof of income is required.
A Lifeline discount is available for only one telephone connection per Household. A Household is defined, for purposes of the Lifeline program, as any individual or group of individuals who live together at the same address and share income and expenses, even if they are not related to each other (“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 Federal Communications Commission’s rules and will result in the applicant being unenrolled from the 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.
Through the process of completing the Torch Wireless Lifeline Application form, consent will be requested and applicants will be required to provide required documentation, including proof of government program participation and/or financial information, to Torch Wireless for the verification of eligibility and administration of the Lifeline Services.
Your account will remain active as long as you meet the applicable eligibility standards. You are responsible for notifying Torch Wireless within 30 days if you no longer meet the applicable eligibility standards. Additionally, you will be required to confirm your eligibility status as necessary and recertify, at least annually to remain eligible.
Lifeline plan benefits are non-transferable and may not be transferred to any other person.
Lifeline Program Consent
Applicants for Torch Wireless Lifeline plans must complete an application form, providing supporting documentation to validate eligibility requirements and certify, under penalty of perjury, that:
Information provided within the application is true and correct.
Applicant acknowledges that providing false or fraudulent documentation in order to demonstrate eligibility for the Lifeline program is punishable by fine or imprisonment.
It is understood that the Lifeline program is a federal government benefit program and that only qualified persons may participate.
It is understood that Lifeline is only available for one phone line per household, whether landline or wireless and no one in the same household is receiving Lifeline service.
The applicant is at least 18 years of age and not currently receiving Lifeline telephone service from any other landline or wireless telephone company.
Applicant acknowledges service is non-transferrable and will not transfer service to any other individual, including another eligible low-income consumer.
Applicant authorizes Torch Wireless to access any records required to verify eligibility and to release any of the records required for the administration of the Lifeline program.
It is understood that it will be required to verify continued eligibility for Torch Wireless Lifeline service at least annually and it may be requested at any time. Failure to do so will result in termination of the lifeline benefits.
The applicant will notify Torch Wireless immediately if they no longer qualify for Lifeline, or if they question as to whether they still qualify.
The applicant will notify Torch Wireless immediately upon a change in home address changes, but no later than 30 days.
If the address provided is a temporary address, the applicant must verify their address every ninety (90) days and failure to do so may result in being unenrolled from the program.
If the Applicant is seeking to qualify as an eligible resident of Tribal lands, that applicant must indicate they reside on federally recognized Tribal land.
Applicant authorizes Torch Wireless to be able to contact the subscriber by automated service or other means, for notifications, including but not limited to annual lifeline re-verification or non-usage reminders.
It is understood that completion of the application does not constitute immediate approval of lifeline services.
Lifeline Service Plans, Pricing, and Features
Lifeline Service plans, including descriptions and pricing, vary by state and are available for review from www.torchwireless.com. Plans and pricing may be subject to change with updates provided directly to the website.
Subscribers of the Lifeline Program are eligible to receive discounted service in the form of a reduction to their monthly bill as follows:
Reduction of $9.25 for Lifeline, Non-Tribal plans
Reduction of $34.25 for Lifeline Tribal plans
Posted pricing for Lifeline plans reflects the reduced cost.
Each plan includes free Nationwide Long Distance, Free Caller ID, Free Call Waiting, Free Call Forwarding. Free 3-Way Calling, Free Voicemail, Free calls to 911 Emergency Services, Free calls to customer service, and where applicable, a free company selected Device.
Account Usage Requirements
Lifeline subscribers must maintain activity on their Service. If a subscriber does not make or place a call or respond to direct contact from Torch Wireless at least once in any 30-day period, Services may be terminated and the subscriber will be unenrolled from the Lifeline program. Torch Wireless will provide advanced notice to help inform the subscriber of the non-usage and the risk of termination. This applies only to subscribers enrolled in Lifeline Service Plans.
