TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and Tempo Telecom, LLC (“Tempo”). They contain important information about your legal rights, and require that certain disputes be resolved through arbitration instead of a court trial. Tempo reserves the right to change or modify any of these Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the Tempo website found at www.mytempo.com
By purchasing or activating your Tempo phone or using any Tempo service (“Service”), customer (“You”) acknowledges and agrees to the following terms and conditions:
1. ACTIVATING AND USING YOUR TEMPO PHONE
Before you can use your Tempo phone, you may have to activate it by calling Customer Care at 1-888-565-1011 from a landline phone if the phone does not activate over the air. You must accept the Tempo telephone number assigned to your Tempo phone at the time of activation, however, you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Tempo. Your Tempo phone can only be used through Tempo, and cannot be activated with any other wireless or cellular service provider. Tempo wireless Services are provided subject to availability. Some functions and features referenced in third party manufacturer’s manuals provided with your Tempo handset may not be available on your Tempo phone. Tempo may modify or terminate any 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.
2. AIRTIME RATES
Tempo airtime is issued in unit increments. Units are deducted from the Service with all calls charged at a rate of one (1) unit per minute. For Roaming calls, please refer to the Roaming section of the Terms and Conditions of Service. In addition to the above, there is no additional charge for nationwide long distance.
3. TEXT MESSAGING
The rates to send or receive a text message to another party’s phone using your Tempo phone are listed under the plan you select at www.mytempo.com. If you do not want minutes/units deducted from your Service, then do not send a text message and/or do not open any incoming text messages. Service does not allow international text messages. Attempting to send international messages could result in service deactivation. Please note that Tempo does not generally participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than Tempo. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns. Any text message you send to a “short code” will likely not complete. Any charges you may incur as a result of any attempts to participate in Premium SMS campaigns, whether you incur charges as deductions from your Tempo handset or from your credit card, are not refundable.
4. INTERNATIONAL CALLS
Tempo does not currently offer International Calling from Tempo handsets.
5. ADDING AIRTIME
Your Tempo phone will only operate when you have airtime minutes/units available on the Tempo handset. Add airtime by contacting Tempo Customer Service at 888-565-1011, or online at www.mytempo.com.
6. SERVICE END DATE, DUE DATE OR SERVICE DAYS REMAINING
If you do not purchase and add airtime prior to the Service End Date or Due Date, or before your Service Days run out, your Service will be deactivated on the Service End Date or Due Date and you will lose your Tempo phone number, even if you have minutes remaining. To prevent this from occurring, please keep your Service active by purchasing new Tempo Service before the Service End Date or Due Date or Service Days Remaining. Notwithstanding the Service End Date, Due Date or the end of your Service Days Remaining, as may be displayed on your Tempo MyAccount, Tempo reserves the right to discontinue service and deactivate any Tempo handset for which there is no voice, text or Data Services usage for a period of twelve (12) consecutive months, or as otherwise allowed by law. If your Service is deactivated, your Service can be reactivated by purchasing and adding any Tempo Monthly or PayGo Service plans. However, once reactivated, your Tempo phonemay be assigned a new phone number.A Reactivation Fee of up to $30 may apply to reactivate service.Airtime which remained at the time of deactivation, if any, will be lost upon reactivation of the Service.
7. AIRTIME USAGE
Airtime minutes will be deducted for all time during which your Tempo phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Airtime minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, 611, Customer Care, simultaneous calls (airtime minutes will be deducted for each call separately) and callsto access your voice mail. Airtime minutes are not deducted for calls to 911. For outbound calls, you may be charged airtime for incomplete and/or busy-no answer calls. Airtime minutes are deducted in full unit increments; partial minutes are rounded up to the next minute. Airtime minutes will also be deducted for use of other services such as text messaging and accessing the mobile web. Airtime minutes are deducted for all text messages sent and incoming text messages which are opened. No credit is given for dropped calls.
8. EMERGENCY CALLS
If you are in an area where your Tempo phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Tempo phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
9. UNAUTHORIZED USAGE; TAMPERING
The Tempo handset is sold exclusively for use by you, the end consumer, with the Tempo prepaid wireless Service available solely in the United States. Any other use of your Tempo handset, including without limitation, any resale, unlocking and/or reflashing of the handset, is unauthorized and constitutes a violation of these Terms and Conditions of Service. You agree not to unlock, reflash, tamper with or alter your Tempo handset or its software, enter unauthorized PIN numbers, engage in any other unauthorized or illegal use of your Tempo phone or the Service, or assist others in such acts, or to sell and/or export Tempo handsets outside of the United States. These acts violate Tempo’s rights and state and federal laws. Improper, illegal or unauthorized use of your Tempo phone is a violation of these Terms and Conditions of Service and may result in immediate discontinuation of Service and legal action. You agree that any violation of these Terms and Conditions of Service through your improper, illegal or unauthorized use or sale of your Tempo handset shall entitle Tempo to recover liquidated damages from you in an amount not less than $5,000 per Tempo handset purchased, sold, acquired or used in violation of these Terms and Conditions of Service. By using the Services you acknowledge such liquidated damages are a reasonable approximation of Tempo’s loss and shall not be deemed a penalty.
Some Tempo handsets have SIM cards. If your Tempo phone has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, and not to allow any other person to, directly or indirectly extract, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent, clone or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card or Tempo phone via any software and/or hardware methods. You may not remove a SIM Card from your Tempo phone nor place it in any other phone. Doing so could subject you to immediate termination of Service without any right to a refund for the phone or airtime purchased. Tempo, its third party Carriers, and its other service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your Tempo phone is restricted from operating when you are located anywhere outside of the United States, including offshore or in international waters. Any such usage is considered unauthorized usage by Tempo for which your Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for your handset or unused airtime.
10. COVERAGE MAPS
You will find coverage maps at www.mytempo.com. These maps are for general informational purposes only. However, Tempo does not guarantee coverage, Service availability or the rate charged for any particular call. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and your equipment may interfere with actual Service quality and availability. Thus, it is possible your phone will roam even in the area depicted as your home calling area. Actual coverage and Service areas may vary from the maps and may change without notice.
“Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming usually occurs when you make and receive calls outside of your network coverage area. When your Tempo phone is roaming, an indicator light on your handset may display the word “Roam” or “RM” or similar designation on the screen while the phone is not in use. Plans and available roaming options can be located at www.mytempo.com. Roaming is not available on all Tempo plans.
Even if you are using your Tempo phone in your network coverage area, roaming can occur if there is a high volume of callers in the area, if your signal is too weak or for other reasons. If roaming is part of your Service, instead of having a call blocked or dropped, your Tempo handset might use another Carrier’s tower or network to enable your call to complete. Thus, roaming is based on the Carrier tower receiving and transmitting the call, not your physical location at the time the call is made. When the roaming indicator is displayed, then the roaming rate will apply to calls made or received in that area at that time. Availability, quality of coverage and Services while roaming are not guaranteed.
12. 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 Tempo’s underlying 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. At any time, Tempo reserves the right to substitute and/or replace any Tempo equipment (including handsets) with other Tempo equipment (including handsets) of comparable quality. Some functions and features referenced in the Manufacturer’s manual for a particular Tempo handset may not be available on your Tempo phone. Tempo 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 Tempo, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning or fire, you should not use your Tempo phone outside during a lightning storm or near gas pumps. You should also unplug the Tempo handset power cord and charger to avoid electrical shock and/or fire during a lightning storm.
13. PHONE FEATURES, FUNCTIONALITY, AND SPECIFICATIONS
Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in Digital Mode and are approximate.
14. RETURN POLICY
Handsets may be returned within fourteen (14) days of purchase for a refund of the purchase price. The Tempo Service Plan is not subject to this policy, and will not be refunded. Terms of this return policy are subject to change. Returned products may be subject to a restocking fee of up to $25. This return policy applies only to phones purchased directly from Tempo.
Tempo does NOT cover defects or damage resulting from: (a) use of the device in other than its normal and customary manner, (b) misuse, accident, or neglect, including natural disasters; (c) moisture, spills or immersion in liquid, (d) abused, dropped, or mishandled devices; (e) improper testing, operation, maintenance, installation, adjustment, alteration or modification of any kind; or (f) devices disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify claim. Tempo will not accepted returned devices with labels removed or illegible serial numbers, lost or stolen equipment, cracked or scratched surfaces or external exposed parts resulting from other than normal use, or damage resulting from normal wear and tear. Devices must be returned in the same condition as they were shipped out (e.g. no cracks, liquid damage, or other damage). Return must include original packaging with all original kit components, such as handset, all accessories, charger, and battery.
Handsets must be returned in the same condition as they were shipped out (e.g. no cracks, liquid damage, or other damage). Return must include original packaging with all original kit components, such as the following (if applicable):
- All Accessories
Tempo Product Returns
1301 Chestnut St,
Emporia, KS 66801
Tempo recommends the use of a pre-paid shipping service (no CODs) that provides a tracking system (e.g. FedEx, UPS or Certified Mail through the U.S. Postal Service). This address is ONLY intended for product returns. No written correspondence should be sent to this address. Tempo will not accept packages that arrive “postage due.” Tempo is not responsible for lost or mishandled packages.
- Returned products that do not comply with this return policy, including handsets returned more than fourteen (14) days after purchase, will not qualify for a refund and may be shipped back to you at your expense.
- Tempo does not exchange products. Please return Tempo products for a refund in accordance with the procedure listed above and purchase a new product through www.mytempo.com or by calling Tempo Customer Service at 888-565-1011.
- Please allow up to eight (8) weeks to receive your credit card refund. Your refund will be applied to the credit card account that your purchase was initially charged.
15. DISCLAIMER OF WARRANTIES
TO THE FULLEST 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. TEMPO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE CONCERNING YOUR SERVICE OR YOUR DEVICE. TEMPO CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF. TEMPO DOES 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.
16. TEMPO DATA SERVICES
With certain Tempo phone models, you can download ring tones, graphics, access information services such as news, weather and sports (“Information Services”) and utilize multi-media services (“MMS”) (ringtones, graphics, Information Services and MMS are collectively referred to as “Data Services”) through Tempo mobile web. Data Services are additional Services offered by Tempo, and there is an additional charge or debit of minutes/units for use of such Services.
Access/Purchase Data Services. In order to purchase, download or access Tempo Data Services, your Tempo phone must have active service and sufficient available airtime (minutes). Your Tempo phone will not let you open the mobile web browser without an active airtime balance. For every megabyte (“MB”) of mobile web usage by your Tempo phone, your airtime balance will be deducted two (2) minutes of usage (“MOU”).
Deduction of MOU does begin when your Tempo phone makes a data connection. This should occur shortly after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download or if mobile web access is initiated for any other purpose. Deduction of MOUs end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multi-media message (e.g., a picture), after a successful content download, or after any other closure of a mobile web session.
The Data Services you purchase and download may only be used or viewed on the Tempo phone for which they were purchased and cannot be transferred to any other device, including a new or replacement Tempo handset. Data Services are non-refundable and non-transferable.
Purchase Options for Data Services: You may purchase Data Services either by calling Tempo at 888-565-1011, or through the Internet (with a personal computer) at www.mytempo.com. When you purchase Data Services from the Internet at www.mytempo.com, payment must be done using a credit card to pay the purchase price shown.
Charges for MMS (e.g., picture messaging). You will be charged one (1) MOU to send or receive a multi-media message (the “MMS Charge”). In addition to the one (1) MOU MMS Charge, there will also be an additional two (2) MOUs charged for every MB used to send or receive the multi-media message. The total MMS Charge will vary depending on the size of the multi-media message being sent or received.
Modifications, Interruptions, or Discontinuation of Data Service. Tempo does not guarantee the availability of Data Services at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in analog service areas. Tempo is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, for which you subscribe, are modified, interrupted, discontinued or canceled, Tempo will NOT refund/reimburse you for any remaining used or unused subscription time. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with these Terms and Conditions of Service.
Non-Rated Content. Tempo strives to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. Tempo content is NOT rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Tempo liable for any offensive or objectionable content.
Additional Information. For more information on Data Services, please consult the Tempo website at www.mytempo.com.
17. TEMPO MONTHLY PLANS
Tempo Monthly Plans consist of airtime MOU allotments per plan purchased. Tempo Monthly Plans are active for one monthly bill cycle regardless of the length of the month. Plans are deactivated at the end of the bill cycle, and require a new Tempo service plan purchase to continue use of your Tempo handset. Text messaging on your Tempo phone will deduct from the MOU allotment in a 3:1 ratio, whereas three (3) text messages deduct one (1) MOU. Tempo mobile web usage will deduct from the MOU allotment in a 1:2 ratio, whereas every megabyte (“MB”) of mobile web usage by your Tempo phone deducts two (2) MOUs. For MMS usage, see Section 16 above. If your Tempo Monthly Plan airtime MOU is exhausted, you will have the opportunity to purchase Top-Up airtime MOU to continue usage to the end of the bill cycle. Top-Up airtime MOU works like the Tempo Monthly Plan MOU for both text messaging and data use. However, the Top-Up MOU only works while there is an active Tempo Monthly Plan. As long as the Tempo Monthly Plan is active, the Top-Up MOU will last for thirty (30) days.
The following are the available Tempo Monthly Plans and Top-Ups:
|TEMPO MONTHLY PLANS||Rate||Minutes||Texts||MBs|
|Tempo 50||$9.95||50||3=1 MOU||1=2 MOU|
|Tempo 200||$19.95||200||3=1 MOU||1=2 MOU|
|Tempo 400||$29.95||400||3=1 MOU||1=2 MOU|
|Tempo 900*||$ 32.95||900||3=1 MOU||1=2 MOU|
|Tempo 1,000||$49.95||1,000||3=1 MOU||1=2 MOU|
|TEMPO TOP-UP PLANS||Rate||Minutes||Texts||MBs|
|Top-up 60||$5.95||60||3=1 MOU||1=2 MOU|
|Top-up 100||$9.95||100||3=1 MOU||1=2 MOU|
|Top-up 200||$14.95||200||3=1 MOU||1=2 MOU|
|*Available only in Colorado pursuant to Colorado requirements.|
18. TEMPO PAYGO PLANS
Tempo PayGo Plans consist of airtime MOU allotments per plan purchased. Tempo PayGo Plans are active for one hundred (100) days. Plans are deactivated at the end of the 100 days, and require a new Tempo service plan purchase to continue use of your Tempo handset. Text messaging on your Tempo phone will deduct from the MOU allotment in a 3:1 ratio, whereas three (3) text messages deduct one (1) MOU. Tempo mobile web usage will deduct from the MOU allotment in a 1:2 ratio, whereas every megabyte (“MB”) of mobile web usage by your Tempo phone deducts two (2) MOUs. For MMS usage, see Section 16 above. If your Tempo PayGo Plan airtime MOU is exhausted before the end of the 100 days, you will have to purchase another Tempo PayGo Plan to continue use of your Tempo handset.
The following are the available Tempo PayGo Plans:
|TEMPO PAYGO PLANS||Rate||Minutes||Texts||MBs|
|PayGo 40||$9.95||40||3=1 MOU||1=2 MOU|
|PayGo 250||$ 29.95||250||3=1 MOU||1=2 MOU|
|PayGo 600||$ 49.95||600||3=1 MOU||1=2 MOU|
|PayGo 1,000||$69.95||1,000||3=1 MOU||1=2 MOU|
19. TEMPO UNLIMITED PLANS
Tempo Unlimited Plans consist of unlimited voice and text messaging. Tempo mobile web usage is also available, but each Tempo Unlimited Plan has a different allotment of available mobile web. Tempo Unlimited Plans are active for one monthly bill cycle regardless of the length of the month. Plans are deactivated at the end of the bill cycle, and require a new Tempo service plan purchase to continue use of your Tempo handset.
The following are the available Tempo Unlimited Plans:
|TEMPO UNLIMITED PLANS||Rate||Minutes||Texts||MBs|
|Unlimited Smart||$ 59.95||Unlimited||Unlimited||2,560|
20. OUR RIGHT TO TERMINATE YOUR SERVICE
You agree not to use your Tempo phone for any purpose that is not allowed by these Terms and Conditions of Service or that is illegal.TEMPO CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE 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 or use any Service in an illegal or fraudulent manner; (c) allow anyone to extract, clone, reverse engineer or tamper with your Tempo phone, the software and/or hardware on your Tempo phone or your SIM card or insert your SIM card in another 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 default specifications; 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 actions (e.g,, threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
21. LIMITATION OF LIABILITY
Tempo will not be liable to you for any 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 Services. Tempo 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.
You agree to indemnify, defend, and hold harmless Tempo 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 any breach of default by you or anyone using your Tempo phone in violation of these Terms and Conditions of Service, and any other use of a Tempo phone and Tempo Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
23. 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), EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR TEMPO PHONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT 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 THE TEMPO AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with Tempo, arising out of or relating to the Tempo Service or any equipment used in connection with the Tempo Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude Tempo from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your Tempo phone, its software, the Tempo Service and/or PIN numbers, in state or federal court. References to You and Tempo include each party’s respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims, except those excluded above, will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Tempo by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim 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, “AAA Rules”), as modified by these Tempo Terms and Conditions of Service. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7870. You and Tempo agree that use of the Tempo 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. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Tempo Terms and Conditions of Service. You and Tempo agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you 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, and if this preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and Tempo in accordance with the AAA Rules, except that Tempo will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. 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 waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless Tempo and You agree otherwise, the location of any arbitration shall be Kansas City, Missouri. Except where prohibited by law, Tempo and You agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither You nor Tempo 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.
24. TAXES AND SURCHARGES
Tempo charges state and local sales tax. Pricing listed on the Tempo website or in advertising for wireless service does not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of Tempo Services regardless if the subscriber was the actual user of Services. Taxes and surcharges may include sales, gross receipts, use and excise taxes, other taxes, E-911 and 911 charges, and federal and state universal service fees. The amount of these taxes and surcharges is subject to change and may vary from time to time and by geographic area. Tempo collects sales tax on all Tempo service plans and may also collect regulatory fees in certain states. Third party authorized retailers are responsible for collecting sales taxes and required regularly fees for transactions that occur through such third party authorized retailers. Changes to a tax or surcharge will become effective as provided by the appropriate taxing authority and changes to applicable contribution amounts for the Federal Universal Service Fund (“FUSF”) will apply. Taxes and fees are subject to change without notice.
25. GOVERNING LAW
This Agreement shall be construed under the laws of the state in which Services are provided, without regard to its choice of law rules, except for the arbitration provision contained in these Tempo Lifeline Terms and Conditions of Service, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside, or where You use or pay for the Services.
26. CTIA CONSUMER CODE FOR WIRELESS SERVICE
Tempo Service is provided in accordance with the customer service standards set forth by the CTIA Consumer Code for Wireless Service. You can visit the CTIA website at http://www.ctia.org/consumer_info/service/index.cfm/AID/10352 to review the Code in its entirety.
No rates or provision of these Terms and Conditions of Service may be modified my any agent, dealer, retailer, salesperson, or other party. Any such attempt at modification shall have no force or effect.
29. “BRING YOUR OWN SPRINTTM DEVICE” TERMS AND CONDITIONS
Because your Sprint device is no longer active on a Sprint retail account, many of the device features will no longer work and Tempo Telecom who is responsible for your service, will not support them. These include, but are not limited to: Sprint Zone; Sprint Family Locator; TeleNav GPS; Sprint Radio; Sprint Music; Sprint TV; Sprint Mobile Sync; Sprint Powerdeck; Sprint My Account; and Sprint Mobile Wallet. In addition, these features may not work: Picture Mail; and Multimedia Services.
All rights reserved. Tempo is a service mark of Tempo Telecom, LLC.
© 2014 Tempo Updated January 31, 2014