This is an agreement ("Agreement") between you, the "Customer," and Club Cellular, Incorporated (hereinafter identified as "Club Cellular," "we" or "us") for cellular radio telecommunications service ("Service"). This Agreement is binding when Service is activated to your specific telephone number(s) (each, a "Number"). The term "Unit" means the cellular receiving and transmitting equipment that is programmed with the Number.
By using our services you accept all terms of this agreement. This agreement requires the use of Arbitration on an individual basis for all dispute resolution, rather than jury trials or class actions. Remedies are limited in the event of a dispute
If you would like to make changes to your Service, please contact a Club Cellular Representative. Some changes may be subject to limitations and/or additional charges. We may modify this Agreement, including the Service charges or terms and conditions, upon advance notice. You must pay any additional charges from the date of the modification, even though you may have paid for the Service in advance. If you do not agree to modification, you may terminate this agreement by giving us written notice. If we discontinue or you are not eligible for a rate plan, we may change you to a different rate plan upon notice.
Service is not available at all times in all places. Enter your zip code to see coverage availability here. There are gaps in coverage within zip codes, which, by their nature, are only approximations of actual coverage. You accept Club Cellular's service with these limitations.
Your Equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws, rules, and regulations. We may periodically program your Equipment remotely with system settings for roaming service and other features that cannot be changed manually. Equipment purchased for use on our network may not function on other networks.
We may require you to make deposits or advance payments for services, which we may offset against any unpaid balance on your account. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness as we determine it, we may establish a credit limit and restrict service or features or require you to pay your balance through auto pay. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain service. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
Service may be interrupted, delayed or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, network or equipment modifications, and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain categories of numbers (e.g. 976, 900 and international destinations) or certain websites in our sole discretion. We may, but do not have the obligation to, refuse to transmit any information through the Service and may screen and delete information prior to delivery of that information to you. There are gaps in service within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage. WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE YOU THAT IF YOU PLACE A 911 CALL YOU WILL BE FOUND. Airtime and other service charges apply to all calls, including involuntarily terminated calls. CLUB CELLULAR MAKES NO WARRANTY - EXPRESS OR IMPLIED - OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE REGARDING ANY SERVICES OR GOODS, AND IN NO EVENT SHALL CLUB CELLULAR BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays or defects in the service provided by or through us; (c) damage or injury caused by the use of service or Equipment, including use in a vehicle; (d) claim against you by third parties: (e) damage or injury caused by a suspension or termination of service by Club Cellular; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE UNIT OR PROVIDER OF THE SERVICE AND ANY STATEMENT REGARDING THEM SHOULD NOT BE INTERPRETED AS A WARRANTY. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly service fee for the time period your service was unavailable, not to exceed the monthly service fee. Our liability to you for service failures is limited solely to the credit set forth above. Unless applicable law precludes parties from clauses, Club Cellular shall not be liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, service or Equipment provided by or through Club Cellular, including loss of business or goodwill, revenue or profits, or claims of personal injuries. To the full extent allowed by law, you hereby release, indemnify, and hold Club Cellular and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Club Cellular or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF CLUB CELLULAR, or any violation by you of this Agreement. This obligation shall survive termination of your service with Club Cellular. Club Cellular is not liable to you for changes in operation, equipment, or technology that cause your Equipment or software to be rendered obsolete or require modification. SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
You authorize us to provide information about and to make changes to your account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
Service is available to your Unit only when the Unit is within the operating range of our cellular systems. Service may be subject to transmission limitations beyond the systems control and may be temporarily interrupted. Coverage and quality of Services may be affected by conditions within or beyond our control, including atmospheric, geographic, or topographic conditions, or network modifications by the underlying carrier that may render devices or services obsolete.
You have no ownership rights to the Number. We may change your Number assignment by giving you notice of the change. You may not assign the Number or the Unit's Electronic Serial Number ("ESN") to any other Unit. You may not program any other Number into the Unit. These acts are considered fraud and will result in immediate termination.
100% Satisfaction money back guarantee is void after 30 days from time of purchase or 30 minutes of talk time use collectively incoming and outgoing or 30 text messages collectively incoming and outgoing or 30 MB of data, whichever comes first. If a return is processed in accordance with prior to the aforementioned day/talk time/text/data limitations the following monies will be refunded: activation fee, cost of handset, cost of plan. The cost of any additional services and are not refundable.
Under the terms of the lifetime warranty if a handset fails to continue to work properly, a replacement phone will be provided as long as the cause of the defect was through normal use. Defects caused from non-normal use such as physical, cosmetic, water etc. will not be covered under the lifetime warranty policy. Replacement handsets may have slight physical imperfections. Customer will be responsible for activation fee, deductible (some phone models) and shipping and handling. Please contact customer support for current rates for each handset, as well as any upgrade promotions that may be available.
Written notices to you shall be effective on the date deposited in the U.S. mail addressed to your address of record. Written notice to us shall be effective when directed to our Customer Service Department and received at our address of record. Your notice to us must specify your Number. Oral notices shall be effective on the date reflected in our customer service system.
You authorize Club Cellular to: (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with Club Cellular's offering of wireless and other services. You understand that if you fail to fulfill the terms of your credit obligations under this Agreement, Club Cellular may report your failure to a credit reporting agency.
It affects your rights. Club Cellular and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims (including ones that already are the subject of litigation) arising out of or relating to this Agreement, or to any prior oral or written agreement, for Equipment or services between Club Cellular and you. Notwithstanding the foregoing, Club Cellular may bring an individual action in small claims court to collect an outstanding bill. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate ("Notice"). The Notice to Club Cellular should be addressed to: Club Cellular, Incorporated, Attn: Customer Service, 955 Kacena Hiawatha, IA 52233 ("Arbitration Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Club Cellular may commence an arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration shall be governed by the rules promulgated by Arbitration as modified by this Agreement. You agree that, by entering into this Agreement, you and Club Cellular are waiving the right to a trial by jury. Unless Club Cellular and you agree otherwise, all hearings conducted as part of the arbitration shall take place in the county of Nassau, state of New York. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and CLUB CELLULAR agree that YOU AND CLUB CELLULAR MAY BRING CLAIMS AGAINST THE OTHER PARTY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. 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 that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. Notwithstanding any provision in this Agreement to the contrary, we agree that if Club Cellular makes any change to this arbitration provision (other than a change to the Arbitration Notice Address) during your Service Commitment, you may reject any such change and require Club Cellular to adhere to the language in this provision.
If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable.
You acknowledge that you are of legal age, have received a copy of this Agreement, and have read and clearly understand its terms.
This Agreement, the rate summary sheet, the terms included in the rate brochure(s) describing your plan and services, terms of service for products and services not otherwise described herein that are posted on applicable Club Cellular websites, and any documents expressly referred to herein or therein, make up the complete agreement between you and Club Cellular, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. Club Cellular may assign this Agreement, but you may not assign this Agreement without our prior written consent. The law of the state of New York shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law. Your caller identification information (such as your name and phone number) may be displayed on the equipment or bill of the person receiving your call; technical limitations may, in some circumstances, prevent you from blocking the transmission of caller identification information. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our services or other matters we believe may be of interest to you. In any event, we reserve the right to contact you by any means regarding customer service related notifications, or other such information.
Club Cellular will use text messaging to keep in touch with you for things like:
When you sign up for Club Cellular services you are asked to OPT IN to receive these messages. These messages are free. You can also choose to not receive these messages.
If you choose to opt in for these messages, message frequency will be based on plan usage. We will alert you when you are reaching certain plan thresholds.
At any time, you may STOP receiving Club Cellular Usage Alerts. Text STOP to 2561 to any message received to discontinue receiving that message. You can also call (855) 410 4137 to OPT OUT of all Club Cellular wireless messaging or send an email to email@example.com.
To receive SMS HELP text HELP to 2561 or dial 611 on your phone, or from another phone call (855) 410 4137. You can also email us at firstname.lastname@example.org.
The Usage Alert campaign is supported on a nationwide network.