Terms and Conditions
Last Updated: July 20, 2023
In General
PCs for People, a Minnesota non-profit corporation, owns and operates the “pcsrefurbished.com” and “pcsforpeople.org” websites (these “Websites”). This document governs your relationship with PCs for People with respect to the Websites, including access to and use of these Websites and the products and services available through these Websites (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to these Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason these Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of these Websites.
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN THE DISCLAIMERS AND LIMITATION OF LIABILITY SECTIONS BELOW.
These Websites may contain links to other websites (the "Linked Sites"), which are not operated by PCs for People. PCs for People has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will collect, use and disclose your personal information, can be found at pcsrefurbished.com/terms/privacy. By using these Websites, you consent to the processes described therein and you warrant that all data provided by you is accurate.
Prohibitions
You must not misuse or interfere with these Websites. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan horse, ransomware, backdoor, worm, logic bomb, or any other material or code which is malicious, technologically harmful (collectively, “Malware”), in breach of confidence or in any way offensive, defamatory, or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the intellectual property rights of any third party or any other proprietary rights of any third party; extensively or automatically copy or scrape any content from the Services; send any unsolicited advertising or promotional material, commonly referred to as "spam;" or affect the performance or functionality of any computer facilities of or accessed through these Websites.
We will not be liable for any loss or damage caused by Malware that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of these Websites or to your downloading of any material posted on it or on any website linked to it.
Website Accounts
You may need an account in order to use certain features of the Websites. If you create your own account, you agree that all registration information you give us will be accurate and current. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Websites password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Websites accounts, including the activities of any individual with whom you share your Websites account or an Activated Device.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at support@pcsforpeople.org.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including trademarks, logos, and photographic images) made available to you on or through these Websites remain the property of PCs for People or its licensors and are protected by copyright, trademark, and other laws throughout the world. All such rights are reserved by PCs for People and its licensors. PCs for People is not responsible for, and you waive all of our liability with respect to, all third-party content and all content and information you provide. You may store, print, display, and otherwise use the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on these Websites nor may you use any such content in connection with any business or commercial enterprise.
Communications
We may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails or texting “Stop” or “Do Not Send” in response to text messages. Please be aware that there may be a brief period before we are able to process your opt-out.
Some of our Services are available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable).
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and are subject to any delays resulting from shipper delays or force majeure for which we will not be responsible.
In order to purchase from PCs for People you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. PCs for People retains the right to refuse any order or request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party from which you are making the purchase. This will usually be PCs for People or may in some cases be a third party. Where a purchase is made with a third party, PCs for People is not acting as either agent or principal and the sale is made between you and that third party and will be subject to the additional terms of sale which they supply you. When placing an order you agree that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to change without notice.
A description of each product available for purchase through the Websites (each, a “Product”) can be found on the applicable Product page on the Websites. Product information, including descriptions, technical information, specifications, and other information related to a Product (collectively, “Product Information”) are provided for your convenience in your selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. The appearance of the Products on the Websites may differ from the physical article depending on your web browser or the device or monitor you use.
(a) Orders
When you place an order, you will receive an acknowledgment email confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A purchase will be deemed to be made when we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the purchase.
(b) Pricing and Availability
All prices posted on the Websites are subject to change without notice. The price charged for a Product will be the price in effect at the time an order is placed and will be set out in an order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your total and will be itemized in your order confirmation email. We are not responsible for errors in any Product Information and we reserve the right to modify or cancel any orders arising from such errors.
Whilst we try to ensure that all prices which appear on these Websites are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you as soon as possible and give you the option of placing a replacement order at the correct price or canceling the order. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.
Shipping fees are included for orders shipped within the contiguous United States; such charges are reflected in the total cost listed in the confirmation email. Additional shipping fees may apply to orders shipped to Puerto Rico, Alaska, Hawaii, and P.O. Boxes. If additional fees apply, a member of our Customer Support team will contact the customer after the order is placed to collect additional shipping fee payment.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be charged upon authorization being received. The monies received upon the charging of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and we have sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Your right to purchase products through the Websites is conditioned upon our receipt of payment. Refusal of Product delivery does not release you from payment liability. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms of Service.
(d) Shipping
Title and risk of loss pass to you upon our transfer of the Products to a third-party carrier or our personal transfer to you or your representative. Shipping and delivery dates are estimates only and cannot be guaranteed. If a carrier is not able to successfully deliver the Products it will leave a notice with contact information to arrange a new delivery date. We are not liable for any delays or failure in shipment due to incorrect information provided by you, your failure to receive a shipment from a carrier, or other factors outside of our reasonable control.
Disclaimers
Other than as expressly set out in these Terms of Service, neither PCs for People nor its affiliates nor its nor their respective officers, directors, employees, and agents nor their respective licensors, suppliers, advertisers, or distributors make any specific promises about the Products, Websites, or Services. For example, we don’t make any commitments about the content within the Websites, the specific functions of the Products or Websites, or the reliability or availability of the Products or Websites, or the ability of the Products, Websites, or Services to meet your needs. We also do not make any warranties or commitment in connection with the Products, Websites, or Services relating to, as applicable, non-infringement, freedom from viruses or other harmful code, or error-free or uninterrupted operations in connection with the Products, Websites, or Services. Except as expressly provided in these Terms of Service, we provide the Products, Websites, and Services and all information provided through the services “as-is.”
Additionally, the warranties expressly provided under these Terms of Services do not cover, and PCs for People and its affiliates and its nor their respective officers, directors, employees, and agents shall have no liability for, any damages in connection with Products due to (a) transportation; (b) storage; (c) improper or negligent use; (d) failure to follow Product instructions; (e) modifications; (f) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by PCs for People; (g) unauthorized repair; (h) normal wear and tear; or (i) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
You and your heirs, successors, and assigns hereby forever irrevocably release, discharge, and hold harmless us, our affiliates, and our and their successors and assigns, and our and their officers, directors, employees, and agents (collectively, “released parties”) from, and agree not to sue any released party for, any liabilities, claims, obligations, suits, actions, demands, expenses, and damages whatsoever (collectively, “liabilities”) that you may have against any released party whether existing now or in the future, whether known or unknown, arising out of or in connection with your or a third party’s conduct related to use of the services. You understand and acknowledge that the foregoing sentence releases and discharges all liabilities, whether or not they are currently known to you, and to the extent you have rights under California Civil Code Section 1542, you waive your rights under California Civil Code Section 1542. You understand the meaning of California Civil Code Section 1542, which reads as follows: “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By agreeing to these terms and this waiver, you assume all risk arising from yet unknown claims.
Limitation of Liability
To the extent not prohibited by law, PCs for People and its affiliates and its officers, directors, employees, and agents, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent not prohibited by law, the total liability of PCs for People and its affiliates and its officers, directors, employees, and agents for any and all claims under these Terms of Service or relating to your use of the Websites, Services, or Products, including for any implied warranties, is limited to the lesser of (i) the amount you paid us to purchase a Product or use the Websites or Services, or (ii) $1,000.
Linking to these Websites
You may link to our home page(s), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. These Websites must not be framed on any other site, nor may you create a link to any part of these Websites other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities, and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services, and/or locations featured on these Websites are in no way associated, linked, or affiliated with pcsrefurbished.com or pcsforpeople.org and you should not rely on the existence of such a connection or affiliation. PCs for People is not responsible for third-party content. Any trademarks/names featured on these Websites are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to PCs for People.
Indemnity
You agree to indemnify, defend and hold harmless PCs for People and its affiliates, its and their respective directors, officers, employees, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal and attorneys’ fees) arising from your use these Websites, use or misuse of Products, or your breach of the Terms of Service.
Force Majeure
PCs for People and its affiliates and its and their respective officers, directors, employees, and agents, will not be liable for any loss or damage that is not reasonably foreseeable or that is due to events outside of our reasonable control, such as wars, criminal activities, storms, delays (including, but not limited to, delays shipping the Products, or failures or delays of common carriers), public health emergency, natural disasters, acts of government, supply interruptions, or telecommunication or Internet failures.
Variation
PCs for People shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of these Websites.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected with all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please contact us at http://support.pcsforpeople.org if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law
The laws of the United States and the State of Minnesota, excluding Minnesota’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service, the Products, Websites, or the Services. Exclusive jurisdiction and venue for the adjudication of any disputes relating to these Terms of Service, the Products, Websites, or the Services shall be in the state and federal courts (including the appellate courts) having jurisdiction for Minneapolis, Minnesota, and the parties hereby consent to the jurisdiction and venue of such courts.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and PCs for People. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of PCs for People. You may not assign or delegate your rights or obligations relating to these Terms of Service without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
RETURN POLICIES
Computer and Accessory Return Policy
Items covered by this policy must be returned within 30 days of the delivery date.
-
Retail store policies may differ from online orders - see store for details.
-
If you are not satisfied with your computer or accessory purchase, you may request to return it for a refund by contacting our Support Team. Return shipping labels are the responsibility of the customer, and our Support Team will confirm the return address.
-
If the shipment arrives damaged or incomplete, PCs for People must be notified within 14 days. Please see the warranty policies below for warranty information.
-
We strongly recommend using a trackable shipping service and purchasing shipping insurance when shipping your return. PCs for People is not responsible for packages lost or damaged during return shipping.
-
Returns are NOT permitted after 30 days from the date the item(s) were delivered.
-
To be eligible for a return, your item(s) must be unused and in the same condition as when received. If applicable, the item(s) must also be in the original packaging and include all accessories (charging cord, keyboard, mouse, etc.).
-
Any user-caused issues, alterations/repairs, obvious wear, or damage as determined by PCs for People will not be eligible for a refund.
-
Special order products are not eligible for return.
-
Once we receive the returned Products, refunds will only be issued to the original payment card used for the purchase.
Internet Return Policy
Internet equipment, such as mobile hotspots and modems, returns must be postmarked within seven days of the delivery date in order to be eligible for a refund.
-
Retail store policies may differ from online orders - see store for details.
-
If you are not satisfied with your internet equipment purchase, you may request to return it for a refund by contacting our Support Team. Return shipping labels are the responsibility of the customer, and our Support Team will confirm the return address.
-
If the shipment arrives damaged or incomplete, PCs for People must be notified within 14 days. Please see the warranty policies below for warranty information.
-
We strongly recommend using a trackable shipping service and purchasing shipping insurance when shipping your return. PCs for People is not responsible for packages lost or damaged during return shipping.
-
Returns are NOT permitted after seven days from the date the item(s) were delivered.
-
To be eligible for a return, your item(s) must be unused and in the same condition as when received. If applicable, the item(s) must also be in the original packaging and include all accessories (device, charger, SIM card, battery, user manuals, etc.).
-
Any user-caused issues, alterations/repairs, obvious wear, or damage as determined by PCs for People will not be eligible for a refund.
-
Once we receive the returned Products, refunds will only be issued to the original payment card used for the purchase.
-
PCs for People internet is a prepaid subscription and is subject to the additional Internet Terms of Service set forth below. You may request a prorated refund for any complete, unused months of service remaining on your current prepaid subscription term. Prorated internet refunds are NOT permitted for prepaid service less than 30 days. Refunds for prepaid time that has already passed will NOT be permitted.
Additional Information
WARRANTY POLICIES
Computer Warranty Policy
PCs for People offers a one-year hardware warranty on computers. To be covered under warranty, all defective items must be returned within one year from the shipping date.
-
Retail store policies may differ from online orders - see store for details.
-
If you receive a defective or incomplete computer, PCs for People must be notified within 14 days of delivery. You can choose a warranty repair or refund, for which PCs for People will provide a prepaid return shipping label.
-
If you choose to have the computer repaired under warranty, the computer may be repaired or replaced with an equivalent item at the discretion of PCs for People.
-
The one-year warranty period starts on the shipping date of the original computer purchased and will not reset or be extended due to one or more warranty repairs or replacements.
-
If the computer is returned and found to be in working order, the cost of shipping will be deducted from your refund.
-
Warranties apply to hardware defects only. Any user-caused issue, lost or stolen items, alterations, user- or third-party repair attempts, or physical damage as determined by PCs for People is not eligible for warranty replacement or repair.
Accessory and Laptop Battery Warranty Policy
PCs for People offers a 30-day hardware warranty on accessories and laptop batteries. To be covered under warranty, all warranty requests must be submitted within 30 days of the delivery date.
-
Retail store policies may differ from online orders - see store for details.
-
If you receive a defective or incomplete accessory or laptop battery, PCs for People must be notified within 14 days of delivery. You can choose a warranty repair/replacement or refund, for which PCs for People will provide a prepaid return shipping label.
-
Laptop batteries in refurbished computers from PCs for People are warrantied to retain at least 80% of the original capacity for 30 days from the delivery date. The warranty does not cover the following:
-
Failure or diminished capacity resulting from accidents, misuse, abuse, or other external causes.
-
Failure or diminished capacity resulting from improper or inadequate maintenance.
-
Battery life expectancy varies depending on product configuration and usage, including but not limited to product model, applications running, power management settings, and product features.
-
If you choose to have the item repaired under warranty, the item may be repaired or replaced with an equivalent item at PCs for People’s discretion.
-
The 30-day warranty period starts on the delivery date of the original item(s) purchased and will not reset or be extended due to one or more warranty repairs or replacements.
-
If the accessory or laptop battery is returned and found to be in working order, the cost of shipping will be deducted from your refund.
-
Warranties apply to hardware defects only. Any user-caused issue, lost or stolen items, alterations, user- or third-party repair attempts, or physical damage as determined by PCs for People is not eligible for warranty replacement or repair.
Internet Equipment Warranty Policy
Internet equipment, such as mobile hotspots and modems, are covered under PCs for People’s Internet Equipment Warranty.
Mobile Hotspot & Modem Warranty
PCs for People offers a six-month warranty on mobile hotspots and modems. To be covered under warranty, all hotspot & modem warranty replacements must be requested within six months from the activation date of the original device purchased.
-
If the hotspot is deemed defective by the network provider, contact the PCs for People Support team to discuss the warranty process.
-
To maintain service on the warranty replacement device, your defective device must be returned within 30 days. You will be provided with a return label by mail.
-
The six-month warranty period starts on the activation date of the original hotspot or modem purchased and will not reset or be extended due to one or more warranty replacements.
-
Any user-caused issue, lost or stolen items, alterations, user- or third-party repair attempts, or physical damage as determined by PCs for People is not covered by the warranty.
-
Speed and signal issues are not grounds for a warranty replacement as those are caused by the provider network. We require customers to check the provider’s coverage map before purchasing a device and subscription.
Additional information
-
Out-of-Stock (Back-Order) Items
-
If PCs for People no longer carries an item that is sent in for replacement, or if that item is simply out of stock and the item is returned within 30 days of the original order date, the customer will be offered a full refund or similar replacement.
-
Products that are received by PCs for People in any of the following conditions are NOT eligible for return or exchange and may be rejected:
-
Any product not purchased from PCs for People.
-
Any product that does not exhibit the described reason for the return (i.e., A return initiated for a device reported not to be working, but that powers on and works properly upon inspection).
-
Any product with missing, damaged, altered, or otherwise unreadable serial number label, manufacturer model or part number label, and/or warranty label as determined by PCs for People.
-
Any product that is returned without all original packaging and accessories, including the retail box, manuals, cables, and all other items originally included with the product.
-
Any product that exhibits physical damage not caused by shipping as determined by PCs for People.
-
Any product which appears to be tampered with, customized, or altered in any way as determined by PCs for People.
-
Late or missing refunds:
-
Please allow up to 10 business days for your refund to be processed by your bank or credit card after the funds are released from PCs for People.
-
If it has been more than 10 business days, please contact your bank or credit card company to confirm if the refund is processing.
-
If the bank or credit card company is not processing the refund, and you still have not received your refund, please contact us at support@pcsforpeople.org.
-
Sale items or final sale:
-
Only regular-priced items may be refunded, certain sale items cannot be refunded.
Shipping
- Shipping for Internet Devices
-
Standard shipping is included on all orders in the contiguous U.S. Additional shipping fees may apply to customers in Puerto Rico, Alaska, Hawaii, and PO Boxes. If additional fees apply, a member of our Customer Support team will contact you after your order is placed. Please contact support@pcsforpeople.org if you have any questions.
-
When will my order arrive? After eligibility review and order approval, your hotspot or modem will be shipped using standard shipping (4-7 business days).
- Shipping for Computers and Accessories
-
Standard shipping is included on all orders in the contiguous U.S. Additional shipping fees may apply to customers in Puerto Rico, Alaska, Hawaii, and PO Boxes. If additional fees apply, a member of our Customer Support team will contact you after your order is placed. Please contact support@pcsforpeople.org if you have any questions.
-
When will my order arrive? After eligibility review and order approval, your computer will be built according to any customizations (3-8 business days). Once built, your computer will be shipped using standard shipping (4-7 business days).
Report a Shipping Problem
You must contact PCs for People within 14 days of the delivery date of your order if:
- The order shows "delivered" when you track it, but you have not received it.
- You receive a defective item.
Do not accept a package if it is clearly damaged during shipping. If a package has already been delivered, contact our customer service team.
Internet Terms of Service
Last Updated July 20, 2023
These Internet Terms of Service form an agreement between Customer and Reseller (as each term is defined in Section 1 below).
1. Definitions: For purposes of these Internet Terms of Service, the following definitions apply:
"Customer" and "you" refer to the end customer, whether an individual or an entity (such as a school), entering into a Customer Agreement with Reseller.
"Customer Agreement" refers to your legal agreement with Reseller relating to use of the Service, into which these Internet Terms of Service are incorporated.
"Equipment" refers to the modems and other equipment required to use the Service.
"ISP" means Mobile Citizen or Mobile Beacon. "Mobile Beacon" means Educational Broadband Service Agency, LLC.
"Mobile Citizen" means Mobile Citizen, LLC.
"Provider" refers to the third-party provider of the Service, as may change from time to time. The current Provider is: T-Mobile (or an affiliate thereof).
"Reseller" refers to PCs for People, acting as a Mobile Beacon/Mobile Citizen reseller of the Service.
"Service Provider Parties" means Provider, Reseller, and ISP.
"Service" refers to the wireless broadband service distributed by ISP to Reseller and resold by Reseller to you under your Customer Agreement, including any associated media or documentation.
"Subscription Term" A Subscription term refers to prepaid access to service and may be sold in one-month, three-month, six-month, nine-month, and twelve-month terms. Term durations may be updated from time to time by Reseller.
2. Equipment. You must purchase all necessary Equipment through Reseller. Requirements for Equipment compatibility with Provider’s network are established by the Provider. Currently set forth on t-mobile.com. Reseller and ISP are not responsible for any failure of the Equipment to function properly with the Service. In addition, Customer is responsible for ensuring that all Equipment and any associated component thereof meet the minimum technical requirements posted on the Provider’s website. Rental arrangements are not permitted without the ISP’s prior written consent, nor is the use of third-party Equipment. You agree not to tamper with, modify, reverse-engineer, or interfere with the Equipment.
3. Use of Service. You may only access and use the Service during the subscription term and for your internal, personal, non-commercial use in accordance with the Customer Agreement and applicable laws and regulations. You are responsible for all usage of your account (including any violation of the Customer Agreement) and agree to notify Reseller immediately of any unauthorized use of the account or suspected security breach. You are not granted any rights to any firmware or software under the Customer Agreement, except to the extent necessary to use the Equipment in order to use the Service. All rights not expressly granted in these Internet Terms of Service are reserved by ISP or the Provider.
-
Permitted Users; Login and Passwords. You are permitted to purchase the Service as long as you meet the income eligibility requirements of the Reseller’s non-profit programs or services, but not thereafter. If you no longer meet the income eligibility requirements, then you may no longer purchase or access the Service. You will be required to provide new documentation of income eligibility annually to the Reseller. If a subscription term extends beyond one year since documentation was provided, you will be required to provide new documentation of income eligibility before a sale of a new subscription term will be approved.
4. Prohibitions. You are strictly prohibited from reselling the Service, permitting third parties to access the Service, granting any sublicense, distributing or transmitting the Service in whole or in part, or using the Service for purposes other than your own personal use. You are further prohibited from engaging in any activities with regard to the Service that would violate the Provider Internet Policies and T&C (as further provided in Section 5(b) below), including without limitation engaging in any fraudulent, unlawful, harassing, or abusive activities, using the Service in a manner that could damage any property of any other party or otherwise interfere with the Service, or violating any law, regulation, or the rights of any third party. Your use of the Service is subject to immediate suspension or termination without notice if any Service Provider Party believes you have engaged in any prohibited activity.
5. Service Limitations & Restrictions.
-
Availability. The Service is not available in all locations, and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time to time in the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather, or other factors outside of Reseller’s or ISP’s control. The Service and Equipment may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware in order to use the Service thereafter. Reseller and ISP have no liability with regard to any failure or lack of performance of the Service.
-
Provider Internet Policies, T&C. Use of the Service is subject to the Provider’s then-current (i) internet policies, a copy of which is, as of the Effective Date, available at https://www.t-mobile.com/responsibility/consumer-info/policies/internet-service) and incorporated herein by reference; and (ii) end user terms and conditions (the "Provider T&C"), a copy of which is, as of the Effective Date, available at https://www.t-mobile.com/responsibility/legal/terms-and-conditions.
-
Usage Limits. The Service may be subject to usage limits established by the Provider, which are not controlled by Reseller or ISP and are subject to change. Reseller and ISP may not receive advance notice of any such changes from the Provider and in such cases will not be able to give you advance notice thereof.
6. Disclaimer of Warranties; Waiver of Liability. Except as expressly set forth herein, neither Reseller nor ISP, its related entities, parent organization or its suppliers, including without limitation Mobile Beacon or Mobile Citizen (collectively the "ISP Parties") nor Provider make no warranties and hereby disclaim all warranties or representations, express or implied with regard to the Service and the Equipment, including without limitation any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose or use, freedom from viruses, loss of data, or availability, and any warranties arising from course of dealing, usage or trade practice. Your use of the Service and Equipment is at your own risk. The Service and Equipment are available on an "as is" and "as available" basis except as expressly provided herein. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You acknowledge that you have no contract with ISP and agree that you will not hold ISP Parties liable or responsible in any manner for any aspect of the Service, any failure of the Service or any results of using the Service, or seek damages or relief against ISP under any theory of recovery.
TO THE EXTENT NOT PROHIBITED BY LAW, RESELLER (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS AND SUPPLIERS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, OR FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF RESELLER (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS AND SUPPLIERS, FOR ANY AND ALL CLAIMS UNDER THESE INTERNET TERMS OF SERVICE OR RELATING TO YOUR USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH CLAIMS.
7. Content and Security. Any material that you download or access through the Services is at your own discretion and risk. The ISP Parties nor Reseller do not control and are not responsible for any third-party websites, content, services, or products that you may access or encounter during use of the Service, and the Provider reserves the right (to the extent permitted by law) to engage in reasonable network management to protect the overall integrity of the Service, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined primarily by resource consumption. For further information, please refer to the Provider Internet Policies and T&C in Section 5(b) above. You acknowledge that the Internet and wireless communications are not inherently secure means of data communication, the ISP Parties and Reseller shall have no liability for breaches of security caused by any means, including, without limitation, your negligence with respect to controlling access to the Service or your data. It is your sole responsibility to obtain and implement appropriate security devices, software, and other measures (including without limitation firewalls) to protect your systems and data from viruses, worms, Trojan horses, or other security threats, and Reseller and the ISP Parties have no responsibility or liability with regard thereto.
8. Support Services. Reseller is responsible for handling all billing, payment, collection, dispute, and administrative matters related to your account. Other than such Tier 1 technical support as either one or both of ISP and Reseller may elect in their discretion to provide to you for the Service and Equipment, neither ISP or Reseller will provide support services; and additional technical support requests should be routed to the Provider (collectively, the "Support Services"). Reseller, ISP or the Provider may need to access your Equipment or related hardware or software in order to provide Support Services. Defective Equipment should be returned to the Provider as instructed by ISP or the Provider. THE ISP PARTIES, INCLUDING THE RESELLER, ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THE PROVIDER OR ANY OTHER THIRD PARTY IN CONNECTION WITH SUPPORT SERVICES.
9. Service Modification and Discontinuation. The ISP Parties and the Provider reserve the right at any time to in any way modify, edit, suspend, or discontinue the Service or the Support Services made available hereunder, with or without notice. Reseller will use good-faith efforts to provide you with as much prior written notice as is reasonably possible under the circumstances but is not responsible for the effects of delay in providing that notice or for any modification, edit, suspension, or discontinuation of the Service or Support Services by the ISP Parties or the Provider. In the event of Service discontinuation or of Service changes causing a material adverse effect on the quality or availability thereof, you may, as your sole and exclusive remedy and Reseller’s and the ISP Parties’ sole and exclusive liability, arising out of this Section, elect to terminate the affected Subscriptions and receive a refund of subscription fees paid for full, unused months remaining on the then-current subscription term.
10. Changes to Terms. Reseller and ISP reserves the right to modify these Internet Terms of Service from time to time, for example as may reasonably be needed to comply with applicable laws or to account for changes in its course of dealing with the Provider. The Provider also reserves the right to change or update the Provider's Internet Policies and T&C at any time. ISP or the Provider (as the case may be) will provide Reseller with notice of such changes. All such changes will be deemed effective and accepted by Reseller and you upon your continued use of the Service thereafter; provided, however, that if you do not agree to such modifications, you must (as your sole and exclusive remedy) terminate the affected Subscriptions within 30 days of the change and receive a refund of subscription fees paid for full, unused months remaining on the then-current subscription term.
11. Third Party Beneficiary. You agree that ISP shall be an express, intended third-party beneficiary of this Agreement and can enforce the terms and conditions to the same extent as Reseller.
12. Governing Law; Statute of Limitations: These Internet Terms of Service and the rights and obligations of the parties with respect to the Service will be governed by, and construed in accordance with the laws of the State of Minnesota, USA, without reference to the choice of law principles thereof. Exclusive jurisdiction and venue for the adjudication of any disputes relating to these Internet Terms of Service, Equipment, or Services shall be in the state and federal courts (including the appellate courts) having jurisdiction for Minneapolis, Minnesota, and Customer and Reseller hereby consent to the jurisdiction and venue of such courts. ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS OF SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED.
13. General: None of the Service Provider Parties will be responsible or liable in any manner for any failure in the Service or in the performance of these Internet Terms of Service to the extent that such failure is due to causes beyond its control. If any part of these Internet Terms of Service is found invalid (including without limitation any conflict with any applicable law or regulation) such invalidity will not affect the remaining portions of these Internet Terms of Service, and the parties will substitute for the invalid provision a provision that most closely approximates the intent and economic effect of the invalid provision. Failure by either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. These Internet Terms of Service constitute the complete agreement between you and any Service Provider Party with respect to the subject matter hereof and supersedes all proposals (oral or written), all previous negotiations, and all other communications, including without limitation communications on the website of any Service Provider Party, except as set forth above.
14. Recurring Billing: I understand I have the option to enroll in recurring billing via my bank, credit, or debit card (“funding source”). If I enroll at a store, online, or over the phone I authorize regularly scheduled charges to my funding source. At the time of the recurring charge, I will be charged for the subscription term amount when I authorized recurring billing. I understand and agree to the charge interval I selected at the time of enrollment, and a receipt for each payment will be emailed to me. I agree that no prior notification will be provided unless the amount changes, in which case I will receive notice from Reseller at least 10 days prior to the payment being collected.
I understand that this authorization will remain in effect until I cancel it, and I agree to notify Reseller of any changes in my account information or termination of this authorization at least 7 days prior to the next billing date. If the above-noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the transaction dates. In the case of a payment being rejected, I authorize Reseller to attempt to process the charge again, at its discretion, within 30 days from the failed transaction, which will be initiated as a separate transaction.
Reseller does not charge fees for recurring billing, but third-party fees may apply from your funding source. I understand that Reseller does not have control over or liability for any third-party fees incurred. I acknowledge that the origination of transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of my provided funding source and will not dispute these scheduled transactions with my bank or credit card company; so long as the transactions correspond to these terms.