LIFELINE TERMS AND CONDITIONS OF SERVICE
Please read these Tempo Lifeline Terms and Conditions of Service carefully. These Tempo Lifeline Terms and Conditions of Service are a legally binding agreement between you (hereinafter referred to as “You” or “Your” or “Applicant”), and 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 Tempo Lifeline Terms and Conditions of Service at any time and at its sole discretion. Any changes or modifications to these Tempo Lifeline Terms and Conditions of Service will be binding upon You once posted on the Tempo website at www.mytempo.com. You should check the Tempo website regularly for updates to these terms.
By enrolling in the Tempo Lifeline Program (“Program”) and by using the Tempo Lifeline Service (hereinafter the “Service” or “service”), You, the participant, acknowledge and agree to the following terms and conditions:
1. TEMPO LIFELINE PROGRAM DESCRIPTION.
Tempo Lifeline 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 Program, You must meet certain eligibility requirements set by The Federal Communications Commission (FCC). These requirements are based on a person’s participation in a federal support program or by meeting certain income requirements based upon the Income Poverty Guidelines as defined by the US Government. Federal law limits the availability of the Lifeline benefits. Federal law permits only one Lifeline benefit per household (which is defined as any individual or group of individuals who live together at the same address and share income and expenses). As an Applicant for the Tempo Lifeline Program, You must complete an application form, provide supporting documentation that they meet the eligibility requirements and certify, under penalty of perjury:
- The information provided in the application is true and correct to the best of Your knowledge; You acknowledge that willfully providing false or fraudulent information in order to receive Lifeline service is punishable by fine or imprisonment, termination of all Lifeline benefits, and being barred from participating in the Lifeline program.
- You acknowledge that non-usage over a consecutive thirty (30)-day period will result in Your de-enrollment from this Lifeline service.
- You are eligible for Lifeline service through participation in the qualifying program(s) or meeting the income requirements as identified in the application.
- You have provided documentation of eligibility for Lifeline service unless otherwise specifically exempted from providing such documentation.
- You will inform Tempo within thirty (30) days of any potential change in eligibility, including, but not limited to: (i) a move or change of address; (ii) any change in participation in the programs identified in the application or change in income or household members; (iii) receiving Lifeline service from another provider; or (iv) any other change that would affect Your eligibility for Lifeline service. If You fail to inform Tempo of any of these changes, You understand under penalty of perjury; You may be subject to penalties.
- You have provided the address where You currently reside and, if a temporary address has been provided, then You acknowledge that Tempo will attempt to verify Your address every ninety (90) days, and, if You do not respond to verification attempts within thirty (30) days, then You may be de-enrolled from Your Lifeline benefits.
- Your household will receive only one Lifeline benefit and, to the best of Your knowledge, no one in Your household is currently receiving Lifeline service from any other provider.
- You acknowledge that You will be required to annually re-certify eligibility and may be required to re-certify continued eligibility for Lifeline at any time and failure to re-certify will result in the termination of Lifeline benefits or other penalties.
- You authorize Tempo and its agents to access any records (including financial records) required to verify Your statements in the application and to confirm Your eligibility for Lifeline service. You authorize government agencies and their authorized representatives to discuss with and/or provide information to Tempo and its agents verifying Your participation in public assistance programs that qualify You for Lifeline service.
- You acknowledge and consent to Your name, telephone number, and address being divulged to the Universal Service Administrative Company (USAC) (the administrator of the program) and/or its agents for the purpose of maintaining the information in a database and verifying that You, as a subscriber, do not receive more than one Lifeline benefit. In the event that USAC identifies that You are receiving more than one Lifeline subsidy for Your household, all carriers involved may be notified so that You may select one service and be de-enrolled from the other.
- You may be required to provide copies of documents proving your eligibility to participate in Lifeline. You should not send original documents to Tempo. Documents sent to Tempo will not be returned. Tempo is not responsible for any losses resulting from the destruction of documents sent to Tempo.
Applicants who qualify and are enrolled in the Tempo Lifeline Program have the option to either receive a free cellular phone provided by Tempo or purchase an upgrade (if desired); together with a free allotment of airtime minutes and data usage each month for up to one year until recertification is required. Tempo, along with State Lifeline Administrators, will determine whether or not You meet the eligibility requirements to participate in the Tempo Lifeline Program. Please call Tempo at 1-888-565-1011 or visit our website at www.mytempo.com for further information.
Applicants who do not meet the eligibility requirements will be notified by Tempo or the State Lifeline Administrator of their non-eligibility. Upon enrollment in the Tempo Lifeline Program, You will be qualified to participate for up to one (1) year. To continue your enrollment in the Program after the initial year, You must re-certify annually that You are qualified for continued enrollment in the Program as required by the FCC. Tempo will also conduct re-certification drives for each state according to its rules. If Tempo determines during its re-certification drive, or at any other time, that You fail to continue to qualify for the Lifeline Program, You will immediately be deemed ineligible to participate in the Tempo Lifeline Program, You will be de-enrolled from the Program and You will no longer receive your free services. If You are no longer eligible (for any reason) for enrollment in the Tempo Lifeline Program, You must, within thirty (30) days, notify Tempo that You no longer meet the eligibility requirements for enrollment. Your enrollment may also be cancelled upon the request of a state and/or federal authority. Once enrollment in the service has been cancelled, You may keep your phone number and continue Tempo Service at the current non-Lifeline rates as posted online at www.mytempo.com.
Tempo reserves the right to cancel Your enrollment and/or permanently deactivate Your Tempo phone for fraud, misrepresentation, or other misconduct as determined solely by Tempo. While participating in the Tempo Lifeline Program, You shall not be permitted to sell, rent, give away or in any way allow another person to use the cellular phone or Tempo Service provided to You by Tempo. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE TEMPO PHONE OR TEMPO SERVICE PROVIDED TO YOU BY TEMPO. Any violation of this provision will be reported to the appropriate legal authorities for prosecution. In addition, if Tempo determines, in its sole discretion, that You have violated these provisions, Tempo will permanently de-enroll You from the Tempo Lifeline Program, Your phone will be permanently deactivated, and Your personal information will be permanently flagged so that You may not re-enroll in the Program in the future. If you have any questions, concerns, comments or complaints regarding the Tempo Lifeline Program or Service, offerings or products, please call Tempo Customer Care at 1-888-565-1011. You may also contact your state’s Public Service Commission/Public Utility Commission.
2. ACTIVATION AND USE OF YOUR TEMPO PHONE.
Upon enrollment in the Tempo Lifeline Program, You will receive a Tempo phone delivered to Your home address as noted in the application. You must accept the Tempo telephone number assigned to Your Tempo phone at the time of activation and You will acquire no proprietary interest in any number assigned to You. Tempo may allow You to port Your existing wireless number to Your Tempo device. Upon receipt of the Tempo device, You will need to contact Tempo Customer Care at 1-888-565-1011 to initiate the port of Your number. The wireless telecommunications networks used to transmit calls for the Tempo Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Tempo. The number assigned to the Tempo phone assigned to You 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 the Tempo phone assigned to You. The Tempo phone assigned to You can only be used through Tempo, and cannot be activated with any other wireless or cellular service. Services are provided at Tempo’s discretion. Some functions and features referenced in the Manufacturer’s manual provided with the Tempo phone assigned to You may not be available on Your Tempo handset. Tempo may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to any violation by You of these Tempo Lifeline Terms and Conditions of Service.
3. AIRTIME RATES, USAGE AND INCLUDED MONTHLY MINUTES.
While you are enrolled in the Tempo Lifeline Program, you will receive a free monthly allotment of airtime minutes and data usage. Tempo airtime is issued as “Minutes of Usage” (MOUs) and renewed in thirty (30) day increments. If You run out of minutes or data, You will not receive Your next allotment until thirty (30) days from Your last renewal date. For example, if You receive Your monthly allotment of minutes on February 1, You will receive Your new allotment on March 2. Voice usage is deducted from the Tempo phone at a rate of one (1) unit per minute. There is no additional charge for nationwide long distance. Text messaging is deducted from the Tempo phone at a rate of one (1) MOU for every three (3) texts sent or opened by Your Tempo phone. Tempo offers one plan for Tempo Lifeline customers. This plan is as follows:
|Plans||Free Monthly Minutes Included in Plan||Unused Minutes Carryover Each Month||Texts||MBs (web)||Price|
|Lifeline Data Bundle||250||No||3 = 1 MOU||500|
|Lifeline Data Bundle 2*||300||No||3 = 1 MOU||500|
|Lifeline 900**||900||No||3 = 1 MOU||3 = 1 MOU||$32.95|
|*Available only in Kentucky & Nebraska.
**Available in CO only pursuant to Colorado requirements. For unresolved questions or complaints you may contact the External Affairs Section of the Colorado Public Utilities Commission, Consumer Affairs, 1560 Broadway, Suite 250, Denver, CO 80202, Phone 303-894-0858, Fax 303-894-2532 or by email to email@example.com.
Tempo does offer “Top-Up” plans at an additional fee. These Top-Up plans are good for thirty (30) days, and will carry over into the next month. There are three (3) Top-Up plans available to Tempo Lifeline customers. These plans are as follows:
|Lifeline Top-Up 60||$5.95||60||3 = 1 MOU|
|Lifeline Top-Up 100||$9.95||100||3 = 1 MOU|
|Lifeline Top-Up 200||$14.95||200||3 = 1 MOU|
New Tempo customers must choose a plan upon enrollment. Existing Tempo customers who wish to switch plans may do so at www.mytempo.com or by calling 1-888-565-1011. You may use your free monthly allotment of airtime minutes to place or receive calls or to send or read text messages or multimedia messages. You may use Your data usage allotment to access the Internet. If for any reason Your MOU allotment does not automatically renew after thirty (30) days, please call Tempo at 1-888-565-1011.
Airtime minutes or data usage 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 key to initiate or answer a call or when you connect to an internet site and does not end until You press the “end” key, or the call or data connection is otherwise terminated. Airtime minutes are deducted for all incoming and
outgoing calls, including incoming call waiting calls, simultaneous calls, calls to toll-free numbers including Customer Care, 411, to access Your voice mail and sent or received text messages. For simultaneous calls, such as incoming call waiting and 3-way calling (where available), airtime minutes will be deducted for each call. Airtime minutes are not deducted for calls to 911 and 611, and all handsets will be able to call 911 even if they have no airtime remaining. Airtime minutes will be deducted for use of other services such as text messaging. No credit or refund is given for dropped calls.
Roaming is an option, for an additional charge, available to all lifeline customers. “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 atwww.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.
4. TEXT MESSAGING.
You may use Your free monthly allotment of minutes to send and/or open text messages. Sending and/or opening text messages will deduct from the available allotment of MOUs available per plan. Text messaging is deducted at a rate of one (1) MOU for every three (3) texts sent or opened by Your Tempo phone. If You have exhausted Your free monthly allotment of minutes, You will need to purchase and redeem additional airtime minutes in order to continue to send text messages and open incoming text messages and to place and receive voice calls. If You do not want minutes deducted from Your Tempo phone for text messaging, then do not send text messages or open incoming text messages. Tempo does not allow international text messages. Attempting to send international messages could result in service deactivation and de-enrollment from the Tempo Lifeline Program. Please note that Tempo does not generally participate in Premium SMS services or campaigns. Premium SMS refers to text messages that are sent 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 unless it is a Tempo authorized campaign. Any text message You send to a “short code” will in all likelihood not go through. Any charges You may incur as a result of any attempts to participate in Premium SMS services or campaigns not authorized by Tempo are not refundable whether You incur charges as deductions from Your Tempo phone or from Your credit card.
5. INTERNATIONAL CALLING.
Tempo does not currently offer International Calling from Tempo handsets.
6. SERVICE END DATE, DEACTIVATION AND REACTIVATION.
As a Tempo customer, You will receive three hundred and sixty-five (365) service days upon Your enrollment and activation in the Tempo Lifeline Program and another three hundred and sixty-five (365) service days following each successful annual re-certification for Your continued program eligibility in the Tempo Lifeline Program. If You fail to complete your annual re-certification, You will be de-enrolled from the Tempo Lifeline Program. Upon de-enrollment from the Tempo Lifeline 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. You may purchase airtime and service days to keep Your phone service active. If You are de-enrolled from the Tempo Lifeline Program and You allow your remaining service days to expire or go “past due,” Your phone service will be deactivated, You may lose Your unused minutes and You will lose Your wireless telephone number. If You choose to reactivate Your phone by completing the annual re-certification within sixty (60) days after Your re-certification due date, You will be re-enrolled in the Tempo Lifeline Program and continue receiving the free monthly allotment of airtime.
If Your service is deactivated, You may reactivate Your service by either reenrolling in the Tempo Lifeline Program (if eligible) or purchase any of the other non-Lifeline Tempo service options. Upon reactivation of Your phone, You may be assigned a new telephone number and Tempo reserves the right to assess a Reactivation Fee of up to thirty dollars ($30.00) to reactivate service, except for Ohio Lifeline subscribers. Any unused airtime will be lost upon service deactivation.
If You have been de-enrolled from the Tempo Lifeline Program and are not eligible to re-enroll but You wish to keep Your service active, You must purchase another non-Lifeline Tempo service option before the “Service End Date” displayed on Your phone. To prevent any interruption in Your phone service, please keep your handset service active by timely completing Your annual recertification as required by the Tempo Lifeline Program or, if no longer eligible, by purchasing and adding non-Lifeline Tempo service before Your Service End Date.
“No Usage” De-Enrollment and Deactivation: Regardless of the Service End Date displayed on Your handset, if You exceed thirty (30) days without any Usage (as defined in this section), You will be notified by Tempo of Your impending deenrollment from the Tempo Lifeline Program. If You exceed forty-five (45) days without any Usage, You will be de-enrolled from the Tempo Lifeline Program. “Usage” is defined as any transaction including, but not limited to, making a call to anyone or receiving a call from anyone other than Tempo, sending or receiving a text message, using data, adding airtime, or completing a recertification. You may also prevent disconnection for non-usage by responding to a direct contact from Tempo and stating that You want to continue Your service. Upon de-enrollment for non-Usage, You will have up to a thirty (30) day grace period to reenroll in the Tempo Lifeline Program by using Your Tempo phone or calling 1-888-565-1011. If You do not re-enroll, use Your phone or call Tempo Customer Care within thirty (30) days of your de-enrollment, Your phone service will be deactivated. In order to reactivate Your Tempo phone and re-enroll in the Tempo Lifeline Program, You will need to call Tempo Customer Care. Upon successful re-enrollment, You will receive the monthly minutes available with the Tempo Lifeline Plan You choose. You will not, however, receive any airtime for the period of time You were not enrolled in the Tempo Lifeline Program.
7. OUR RIGHT TO TERMINATE YOUR TEMPO SERVICE.
You agree not to give away, resell or offer to resell the Tempo phone or Service provided by the Tempo Lifeline Program. You also agree your Tempo phone will not be used for any other purpose that is not allowed by this agreement or that is illegal. TEMPO CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE TEMPO LIFELINE 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 Tempo or attempt to defraud Tempo; (c) allow anyone to tamper with Your Tempo phone; (d) threaten or commit violence against any of Tempo’s employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with Tempo’s representatives; (f) steal from Tempo; (g) harass Tempo’s representatives; (h) interfere with Tempo’s 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 Tempo’s or its Carriers’ networks or the service available to Tempo’s other customers. Tempo reserves 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 Tempo Service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
8. UNAUTHORIZED USAGE; TAMPERING.
The Tempo handset is provided exclusively for use by You, the end consumer with the Tempo Service available solely in the United States. Any other use of Your Tempo handset, including without limitation, any resale, unlocking and/or re-flashing of the handset is unauthorized and constitutes a violation of Your agreement with Tempo. You agree not to unlock, re-flash, tamper with or alter Your Tempo phone or its software, enter unauthorized PINs, 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 Tempo Lifeline Terms and Conditions of Service and may result in immediate discontinuance of Services and legal action against You. Tempo will prosecute violators to the fullest extent of the law. You agree that any violation of these Tempo Lifeline Terms and Conditions of Service through your improper, illegal or unauthorized use or sale of Your Tempo phone shall entitle Tempo to recover liquidated damages from You in an amount of not less than $5,000 per Tempo handset purchased, sold, acquired or used in violation of these Tempo Lifeline Terms and Conditions of Service.
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 allow any other person to, directly or indirectly, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, Your SIM card. You may not remove Your SIM card from Your phone nor place the SIM card in any other phone. Doing so could result in the immediate termination of Your Tempo Service and de-enrollment from the Tempo Lifeline Program. The Carriers, Tempo, or its 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 calls are considered unauthorized usage by Tempo for which Your Tempo 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 unused airtime.
9. COVERAGE MAPS.
You will find coverage maps on Tempo’s website at www.mytempo.com. These maps are for general informational purposes only. Actual coverage and service areas may vary from the maps and may change without notice. Tempo is limited on the geographic area in which it can offer Lifeline service based on state requirements. Tempo does not guarantee coverage or service availability. 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.
10. 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. 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 phone. Tempo does not warrant or guarantee the 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 phone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
11. RETURN/REPAIR/REPLACEMENT POLICY
Handsets provided through Tempo (does not include BYOD) may be returned within fourteen (14) days of purchase for a refund of the purchase price (excluding charges incurred for wireless service). 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.
Purchased Handsets must be returned in the same condition as they were shipped out (e.g. no cracks, liquid damage, or other damage).
Lifeline Free Handsets – Tempo does not charge for any repairs needed to free handsets distributed to Lifeline customers within the first 30 days of customer receipt. Customers must first return the handset in its original packaging with all original kit components to Tempo for analysis. Once it has been verified that any handset issues were not caused by customer negligence, a new handset will be shipped to the customer.
Returns 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 arrived “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 weeks to receive Your credit card refund. Your refund will be applied to the credit card account that Your purchase was initially charged.
12. 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. TEMPO MAKES 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. 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.
13. EMERGENCY CALLS.
Tempo 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 through and You should dial 911 from the nearest landline phone.
14. 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 data usage. Your Tempo phone will not let you open the mobile web browser without an active data usage balance.
Deduction of data usage 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 data usage ends 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 1-888-565-1011 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 multimedia 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, to 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 the terms and conditions set forth herein.
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.
For more information on Data Services, please consult the Tempo website at www.mytempo.com.
15. LIMITATION OF LIABILITY.
Tempo 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. 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. When Your Tempo phone is returned to Tempo for any reason, Tempo 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.
You agree to indemnify, defend, and hold harmless Tempo, its officers, directors, employees, and agents 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 Tempo phone and/or use of the Tempo Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
17. 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 Lifeline 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 Lifeline 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 You and Tempo agree otherwise, the location of any arbitration shall be Kansas City, Missouri. Except where prohibited by law, You and Tempo 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. Notwithstanding the provisions of this Section, You may file a complaint with the applicable state regulatory commission. If either You or Tempo is not satisfied with the outcome of the complaint before the state regulatory commission, either party may request arbitration as described in this Section 17 as its only remedy.
For Indiana customers only – Unless You and Tempo agree otherwise, the location of any arbitration shall be Indianapolis, Indiana if You receive Services from Tempo in Indiana and the address where you currently reside is located in Indiana.
18. TAXES AND SURCHARGES.
Tempo charges state and local sales tax. Pricing listed on the Tempo website or in advertising for wireless service do not include certain taxes or surcharges. Subscribers are responsible for all charges applicable to the use of Tempo service regardless if the subscriber was the actual user of service. 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. Taxes and fees are subject to change without notice.
19. 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.
20. 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.
Last updated January 31, 2014.