Affordable Connectivity Program Terms and Conditions

Ready Wireless

Affordable Connectivity Program Terms and Conditions

This Agreement applies to the Affordable Connectivity Program (“ACP”) talk, text, and data services (collectively, “Services”) provided by Ready Wireless (“we,” “us,” or “our”) to you (“your” or “subscriber”). The complete Agreement between you and Ready Wireless consists of this Agreement, the Ready Wireless Privacy Policy (available at https://www.readywireless.com/privacy-policy), the Ready Wireless Internet Transparency Statement (available at https://www.readywireless.com/ebb-internet-transparency), and any other policies or documents incorporated by reference. This Agreement becomes effective and legally binding on you when you enroll in Ready Wireless’s ACP Services and continues until we or you terminate your ACP Services. Please read this agreement carefully as it contains important information about your rights and obligations, including the use of arbitration on an individual basis instead of jury trials or class actions.

These terms and conditions only apply to ACP subscribers. If you are an EBB subscriber, please review our EBB Terms and Conditions here: https://www.readywireless.com/ebb-terms-and-conditions.

Contents

1. Affordable Connectivity Program

1.1 Eligibility
1.2 Enrollment
1.3 ACP Benefit Availability
1.4 EBB Subscribers
1.5 Termination
1.6 Service Availability
1.7 Questions?

2. Using the Services

2.1 Service Offerings
2.2 Calculating Usage
2.3 SIM Card and Devices

3. Service Notices

3.1 Coverage
3.2 Service Availability and Quality
3.3 Service Security and Optimization & Preservation of Rights
3.4 Device Location Information
3.5 911 and Other Emergency Services
3.6 Phone Numbers and Porting
3.7 Third-Party Content and Applications
3.8 Intellectual Property

4. Acceptable Use Policy

5. Termination, Suspension, Modification, and Limitations of Your Services

6. Warranties, Liabilities, and Indemnification

6.1 Warranty Disclaimer
6.2 Limitation of Liabilities
6.3 Indemnification

7. Dispute Resolution

7.1 Disputes
7.2 Dispute Resolution by Mandatory, Bilateral, and Binding Arbitration
7.3 Governing Law, Venue and Jurisdiction, and Court Proceedings

8. Miscellaneous

8.1 Application of Tariffs
8.2 Consent to Receive Communications
8.3 Modifications to the Agreement
8.4 Notices
8.5 No Third-Party Beneficiaries
8.6 Assignment
8.7 Force Majeure
8.8 Enforcement and Waiver
8.9 Survivability
8.10 Severability
8.11 Headings
8.12 Language
8.13 Integration
8.14 Order of Precedence

9. Customer Service Contact Information

1. Affordable Connectivity Program

The ACP is a Federal Communications Commission (“FCC”) benefit program launched on December 31, 2021, and designed to help make broadband more affordable for struggling households. The ACP program will provide a discount of up to $30 per month toward broadband service for eligible households and up to $75 per month for residents of tribal lands, as defined by the FCC rules. ACP Services are subject to consumer eligibility, provider participation, product availability, and approval by the FCC and its ACP program administrator, the Universal Service Administrative Company (USAC).

An eligible household is limited to one monthly ACP service discount and it is not transferable to another household or individual. ACP benefits may be obtained from any participating provider of your choosing and your monthly service benefit may be transferred to another provider at any time.

Ready Wireless offers ACP Services on a non-discriminatory basis to any customers who: (1) complete and submit the required ACP application and supporting documentation; (2) meet and maintain the eligibility requirements as defined by the federal government; and (3) reside within the Ready Wireless approved service area for wireless telephone services.

By applying or subscribing to Ready Wireless Services supported by the ACP, you authorize Ready Wireless and its contracted partners, for the purpose of applying for, determining eligibility for, enrolling in, and seeking reimbursement for provision of ACP Services, to collect, use, share, and retain your personal information, including, but not limited to, full name, full residential address, date of birth, last four digits of social security number, telephone number, eligibility criteria and status, information required for the purpose of establishing eligibility for the Lifeline program, the date on which the ACP Services discount was initiated and (if applicable) terminated, usage status and other compliance requirements, the amount of support being sought for the service, and information necessary to establish identity and verifiable address. You also agree that any state, local, Tribal government, school, or school district may share information about your receipt of benefits that would establish eligibility for the ACP and that such information will be used only to determine ACP eligibility. The information collected may be shared with USAC to ensure proper administration of the ACP. Failure to provide this FCC mandated consent will result in you being denied the ACP Services benefit.

You give express consent for Ready Wireless and its contracted partners to contact you to validate your eligibility for or desire to participate in Ready Wireless’s ACP Services. For additional information about consent to receive communications, see Section 8.2.

1.1 Eligibility

A household is eligible to receive an ACP discount if a member of the household meets one of the criteria below:

  • Has an income that is at or below 200% of the Federal Poverty Guidelines for a household of that size;
  • Receives benefits from certain federal assistance programs: Medicaid, Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income, Federal Public Housing Assistance, Veterans and Survivors Pension Benefit, Special Supplemental Nutritional Program for Woman, Infants and Children (WIC) Program, or Lifeline;
  • Is approved to receive benefits under the free and reduced-price school lunch program or the school breakfast program;
  • Received a Federal Pell Grant during the current award year; or
  • Meets the eligibility criteria for a participating provider’s qualifying low-income program.

Households on Tribal lands are additionally eligible to receive an ACP discount if a member of the household meets one of the criteria below:

  • Receives Bureau of Indian Affairs General Assistance;
  • Participates in Head Start (only households meeting the income qualifying standard);
  • Receives Tribal Temporary Assistance for Needy Families (Tribal TANF); or
  • Participates in the Food Distribution Program on Indian Reservations.

To enroll in Ready Wireless’s ACP Services, you must have your eligibility determined by the National Verifier which is administered by USAC.

1.2 Enrollment

Once your eligibility is approved by the National Verifier, you must complete an ACP enrollment application, which requires providing proof of identity. Enrollment is subject to final USAC confirmation. ACP subscribers must use their Ready Wireless ACP Services once every month or they may be de-enrolled from the ACP and their ACP Services may be disconnected without further notice.

1.3 ACP Benefit Availability

The ACP benefit is subject to funding availability from the FCC. Should the FCC announce that funding is no longer available, Ready Wireless will attempt to provide you with a 30-day notice that it will discontinue its ACP-supported service. You may keep your service plan or choose another service plan by paying the applicable undiscounted rate for any of our plans available at that time plus applicable fees and taxes.

1.4 EBB Subscribers

This Agreement applies to subscribers who are enrolled in Ready Wireless’s Emergency Broadband Benefit (“EBB”) services. The EBB is a temporary FCC program that was designed to help families and households struggling to afford internet service during the COVID-19 pandemic by providing a discount on monthly broadband Internet access service and certain connected devices for eligible households. The FCC is phasing out the EBB and replacing it with the ACP beginning on December 31, 2021. Eligible subscribers who are enrolled in Ready Wireless’s EBB Services as of 6:00 PM Eastern Time on December 30, 2021, will continue to receive Services with their EBB program discount of up to $50 per month during a 60-day transition period, which lasts from December 31, 2021 to March 1, 2022. The discount amount available to subscribers who are enrolled in the ACP after the transition period will be up to $30 per month. Beginning December 31, 2021, EBB customers may switch their service plan at any time. EBB subscribers who qualified for the EBB through eligibility criteria that are not applicable to the ACP will be required by USAC to demonstrate their eligibility in the National Verifier to receive an ACP benefit using the ACP criteria before the end of the transition period. EBB subscribers will receive additional information if they are required to take additional steps to transition to the ACP benefit on March 1, 2022.

1.5 Termination

Either you or Ready Wireless can terminate the ACP Services at any time upon notice to other party.

1.6 Service Availability

The Ready Wireless ACP Services are only available in areas where Ready Wireless has been authorized by the applicable state and/or federal agency to provide such services. Your principal residence address must be within an authorized area.

1.7 Questions?

For more information about the ACP, you can call us at 611 or 800-206-8389

2. Using the Services

2.1 Service Offerings

The ACP discount may be applied to any available Ready Wireless service plan. Service plans are posted on Ready Wireless’s website at [insert]. Ready Wireless’s current ACP service plan includes unlimited talk, text, and data with a pre-established “Allotments” of 2,500 voice minutes, 4,000 text messages, and 20 GBs of data allocated per line during each monthly cycle. If you use any of the pre-established Allotments before the end of your monthly cycle, you may contact Ready Wireless and request courtesy top-ups of additional, designated increments of Allotments for that particular monthly cycle. Your first monthly cycle begins on the day the SIM card is activated on your device and, unless otherwise described to you in writing, monthly Allotments renew every thirty (30) days. Unlimited Allotments are subject to the Acceptable Use Policy (Section 4). You will be able to continue contacting emergency services by dialing 911 and Ready Wireless Customer Service by dialing 611 or 800-206-8389 even when you have no voice minutes remaining and have not requested a courtesy top-up. Allotments have no cash value and cannot be sold or transferred to any third party (including another Ready Wireless account or customer). If your ACP Services are terminated by either us or you, your unused Allotments will expire and you are not entitled to a refund. Data service will be provided at the following speeds: 0-10 GBs at up to full speeds, 10-15 GBs at up to 1 Mbps, and remaining data at up to 512 kbps.  Data service provided at lower speeds may affect your ability to stream audio and video, access certain websites and content, or interact with available applications. For information about the performance characteristics of our data services, review our Internet Transparency Statement, available at https://www.readywireless.com/ebb-internet-transparency.

2.2 Calculating Usage

Talk and text Allotments are measured in “units”: one (1) unit equals either one (1) minute or one (1) text message. All incoming and outgoing voice calls and text messages use talk and text Allotments, excluding 911 emergency calls and 611 Ready Wireless Customer Service Calls. Voice usage is measured in one-minute increments and any fraction of a minute is rounded up to the next full-minute increment. Ready Wireless does not differentiate domestic long distance telephone usage from local usage; voice minutes are decremented at the same rate for both types of calls. 

Data Allotments are measured in megabytes, which are decremented at the rate that data is downloaded from or uploaded to the network. All data usage that occurs (except for data usage that occurs when your device is connected to Wi-Fi) will be deducted from your data allotment, including all active and passive usage. To prevent unintended data usage, you should connect your device to Wi-Fi when available and supported by your device or power off your device when it is not in use.

For most forms of wireless service, your usage will be charged from the time you first initiate contact between your device and the network until the network connection is terminated or broken, whether or not you are successful in making a connection using the service and even if the connection is later broken or dropped.

2.3 SIM Card and Devices

Upon enrolling in our Services, Ready Wireless will provide you with a free SIM that you can use with a device you own or purchase. You are responsible for ensuring your device is unlocked, compatible with, and does not interfere with our Services or the networks of the wireless provider whose facilities we use to provide you the Services (“Underlying Carrier”), and complies with all applicable laws, rules, regulations, and standards. Additionally, your device cannot be reported as lost or stolen or associated with fraudulent activity. You are responsible for the maintenance of your device and the purchase and maintenance of any additional hardware or software necessary to use your device with our Services. Some functions and features referenced in the manufacturer’s manual for your device may not be available when using your device with our Services. We do not guarantee the availability of our Services on all devices. Ready Wireless does not lock devices or require they be at its direction.

3. Service Notices

3.1 Coverage

Ready Wireless provides the ability to send and receive voice-grade calls via a wireless voice-grade connection to the public switched telephone network over all domestic distances (local and long distance) within the nationwide coverage area of our Underlying Carrier. Ready Wireless also provides the ability to send and receive text messages and to use data services within this coverage area. Roaming services are not available. Coverage maps reflecting the approximate geographic coverage area of our Underlying Carrier can be viewed at [link to map]. Areas without coverage are shown as gaps. You will not have access to our Services outside the coverage area. There also may be locations within the estimated coverage area where actual coverage is limited and you may experience interruptions or reductions in Service quality, including due to interference from buildings and other structures, terrain, and foliage. Additionally, actual coverage at any given time may vary by Service and be affected by factors beyond our control, as described in Section 3.2. Coverage maps and any statements by us, our agents, or dealers about coverage are only intended to provide high-level estimates of our coverage area when you are using our Services outdoors under optimal conditions and do not mean that the Services will be available under all circumstances, at all times, or without interruption. Ready Wireless does not guarantee or warrant the coverage of the networks of our Underlying Carrier or its roaming partners. Where there is no coverage, 911 calls may not reach public safety answering points. In such instances, subscribers should dial 911 from the nearest landline phone. Maps may be updated periodically and without notice to reflect the current operations of our Underlying Carrier.

3.2 Service Availability and Quality

Service availability and quality may be subject to “Service Limitations,” such as interruptions, delays, or reductions, due to a variety of factors, including, but not limited to: weather and atmospheric conditions; obstructions; electromagnetic interference; use of the Services inside a building or moving vehicle; your geographic location relative to our coverage area; your proximity to wireless cell sites; the capacity of a cell site; the number of other customers connected to the same cell site; other network capacity limitations and congestion; the capabilities and compatibility of your device; network outages or issues on the network of our Underlying Carrier or interconnecting carriers; and priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency. Additional factors that affect our data services are described in our Internet Transparency Statement, available at https://www.readywireless.com/ebb-internet-transparency. Once identified, Ready Wireless takes reasonable steps to attempt to remedy Service Limitations that are within its control. In the event of a power outage, Ready Wireless’s systems and those of our Underlying Carrier, have back-up power in place, in accordance with federal and State requirements, but Services may still be limited or unavailable due to power outages effecting equipment on towers or other facilities. Service Limitations may also occur as a result of network maintenance, including equipment modifications, upgrades, relocations, repairs, or similar activities necessary or proper for network operation or improvement imposed by Ready Wireless, its Underlying Carrier, or interconnecting carries. In some instances, network maintenance may render your device or the Services in a particular area obsolete. Ready Wireless will use reasonable efforts to notify you prior to the performance of such maintenance and will attempt to schedule its maintenance during non-peak hours. Service Limitations may result in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. You acknowledge that the Services are provided through the nationwide wireless network of the Underlying Carrier of our choosing and may be subject to the Service Limitations of that Underlying Carrier. We do not guarantee or warrant the availability or quality of the Services at any given time or geographic location, we are not liable for Service Limitations, and you are not guaranteed compensation or reimbursement for Service Limitations.

3.3 Service Security and Optimization & Preservation of Rights

Ready Wireless or our Underlying Carrier may, but are not obligated to, take any action they deem necessary to: (1) address security threats and otherwise protect the network, Services, systems, and equipment from harm or degradation; (2) optimize, improve, or manage the network, Services, systems, and equipment; (3) preserve and protect their rights and interests and those of their subscribers and third parties; and (4) otherwise ensure the activities of some users do not impair the ability of Ready Wireless or our Underlying Carrier to provide their subscribers with access to reliable Services provided at reasonable costs. Such actions may include, but are not limited to:

a. discontinuing, blocking, or terminating certain categories of Services;

b. restricting, reducing, or limiting the amount of usage of the Services;

c. limiting data throughput speeds or quantities;

d. reducing the size data transfers;

e. limiting, disabling, or preventing access to particular features;

f. blocking, limiting, or disconnecting access to individual phone numbers or certain categories of phone numbers (e.g., 976, 900), countries, destinations, or providers;

g. limiting the provision of Services at certain times or in certain areas;

h. filtering or blocking certain calls, texts, and data transmissions sent through the network, including spam, unlawful and unwanted telemarketing calls and messages, and malware, which we do not guarantee;

i. blocking calls to you at your request or to other called parties at their request;

j. blocking or otherwise preventing access to third party services or other premium services, features, or content that would generate additional fees or charges billed to Ready Wireless, either directly or through your account as a result of your use of or access to the service, feature, or content;

k. blocking hacking and other attempts for unauthorized access; and

l. blocking or terminating usage that is indicative of uses prohibited by the Acceptable Use Policy (Section 4), including uses that result in abnormally long calls, high costs, or high usage.

Some of these actions may interrupt or prevent legitimate communications and usage, including by resulting in dropped or blocked calls, inability to make or receive calls, inability to send or receive text messages, or inability to access the Internet and other data services. For additional information about network security practices for our data service, please review our Internet Transparency Statement, available at https://www.readywireless.com/ebb-internet-transparency.

3.4 Device Location Information

Your device may be location enabled, which means the location of your device can be determined by using Global Positioning Satellite (GPS), wireless network location information, or other location technology when your device is turned on. Your location information may be used by us, our Underlying Carrier, or third-party services, as described in our Privacy Policy, available at https://www.readywireless.com/privacy-policy. Additionally, your location information may be used by 911 and other emergency services, as described in Section 3.5. Your location information may be unavailable if your device is unable to acquire satellite signals and network coverage, which may prevent you, us, and other services from accessing your location. Satellite signals and network coverage may be unavailable due to a variety of factors beyond our control, as described in Section 3.2. We do not warrant or guarantee that location-based services will be available at any specific time or geographic location. You may be able to configure the settings on your device or in third-party services to restrict or disable the sharing of your location information.

3.5 911 and Other Emergency Services

Your device’s location information may be used to assist emergency services in finding you, but you should always be prepared to provide both your location information and phone number when contacting 911 or other emergency services. Wireless devices may not always be able to provide 911 dispatchers with your exact location or other information when you make an emergency call. Even when location information is transmitted from your device to a dispatcher, the information may not be accurate. If you attempt to make an emergency call from your device in an area where there is no wireless coverage, your call may not go through, in which case, you should try calling again from the nearest landline phone. Ready Wireless does not guarantee that your location information will be transmitted to emergency dispatchers or that any location information that is transmitted will be accurate. Nor does Ready Wireless guarantee that you will be able to contact emergency services in areas where there is limited or no coverage.

3.6 Phone Numbers and Porting

You must accept the phone number we assign to you at the time you subscribe to our Services. We reserve the right to change your mobile phone number at any time. Except for any legal right you may have to transfer (“port”) your phone number to or from another carrier, you have no and cannot gain any proprietary ownership or other rights to any phone number we assign to you, your device, or your account. To request to port a phone number to or from Ready Wireless, contact Ready Wireless Customer Service. When you port a number to Ready Wireless, you are responsible for all charges billed or incurred prior by your prior carrier; Ready Wireless will not reimburse you for these charges. Due to compatibility issues, you may be required to purchase or obtain a new device to use our Services after you port a number to Ready Wireless, and you may be without Services until the new device is configured. If you authorize another carrier to port a number from Ready Wireless, we will consider that a request by you to terminate your Services with us and the termination will occur on the date the number is ported. After the porting is completed, you will no longer be able to use the Services with that number. If your Services are terminated for any reason and you do not port your number to another provider, we may reassign the phone number you were using to another subscriber without notice. If you port your phone number to or from Ready Wireless, some Services, such as 911 location services, may not be immediately available through Ready Wireless or the other carrier while the port is being processed.

3.7 Third-Party Content and Applications

You will be able to access and disseminate content and applications from third parties through the Services. Some content and applications may: (i) harm your device or its software; (ii) infringe on the rights of others; (iii) be unreliable, inaccurate, or incomplete; (iv) be offensive, indecent, or objectionable; or (v) be unsuitable for minors. Additionally, when you access, download, install, or use content and applications, you may voluntarily or involuntarily provide information to third-party content and application providers. You are solely responsible for evaluating the content and applications accessed by you or other individuals, including minors, through the Services. Ready Wireless does not control and is not responsible for content and applications accessible or disseminated through use of Services. Ready Wireless is not a publisher of third-party content and applications. Ready Wireless also is not responsible for the security of third-party content and applications. We may, but do not have the obligation to, monitor, review, and restrict or refuse to transmit certain content and applications. For additional information regarding security practices for our data service, review our Internet Transparency Statement, available at https://www.readywireless.com/ebb-internet-transparency. When you access, download, install, or use content and applications, you are subject to the terms and conditions and privacy policies of those content and applications. For assistance with third-party content and applications, contact the third-party developers or owners directly.

3.8 Intellectual Property

Ready Wireless and its licensors/suppliers will retain all right, title, and interest in any software, tangible work, work product, ideas, concepts, know-how, development tools, techniques, or any other proprietary material or information (“Work Product”) that it or they owned, developed, or produced before or while providing our Services. Work Product is licensed, not sold, to you by Ready Wireless and/or its licensors/suppliers for personal, lawful, non-commercial use solely in connection with your use of the Services. You may be subject to additional license terms between you and the third-party creator or owner of Work Product. You acknowledge Ready Wireless or its licensors/suppliers are the intended third party beneficiaries of these licenses. Your use of Work Product must comply with their intended purposes, the license, this Agreement, and all applicable laws. You may only make such copies as is reasonably necessary for your personal non-commercial use. You may not (and you agree not to enable others to) otherwise copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat or circumvent protective and other digital rights management mechanisms, combine, or create derivative works of the Work Product or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer, sublicense, broadcast, or cause public performance of the Work Product or any portion thereof. Without limitation, the warranty disclaimer, limitation of liability, and indemnification provisions found in this Agreement apply to these software, content, and applications.

4. Acceptable Use Policy

You are only permitted to use Ready Wireless’s Services for lawful, personal, and non-commercial uses. Subject to those limitations, voice and text service is solely for live dialogue between, and initiated by, individuals while data services are provided only for uses such as web surfing, sending and receiving email, using messaging services for live dialogue between, and initiated by, individuals, sharing photographs, and non-continuous streaming of videos, downloading files, online gaming, and use of applications.

Prohibited uses included those that are unlawful, harmful, or otherwise impact our ability or the ability of our Underlying Carrier to provide the Services to our or their subscribers. You are responsible for all activity through use of the Services, including any conduct by others, and are liable to Ready Wireless for any damages resulting from prohibited activities or uses that occur using the Services. Ready Wireless monitors the use of its Services to identify prohibited uses. Other carriers or third parties also may alert Ready Wireless of specific users whose usage may be violating this Acceptable Use Policy. Prohibited uses include, but are not limited to:

a. Infringement: Infringing or otherwise violating any intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right, which may result from the unauthorized copying, distribution, posting, editing, or modifying of pictures, logos, software, articles, musical works, and videos.

b. Unlawful, Offensive, and Harmful Conduct or Content: Engaging in conduct or dissemination of content that is unlawful, libelous, slanderous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, inciting unlawful or violent acts, or otherwise objectionable. Without limiting the foregoing, you may not access or use our Services in any manner for the transmission or dissemination of images containing child pornography. We reserve the right to remove or delete any content you have disseminated using our Services that, in our sole discretion, have determined violates this Agreement or is otherwise objectionable.

c. Fraudulent Conduct: Engaging in any fraudulent activity, including, but not limited to: (1) conducting fraudulent business operations and practices; (2) offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); and (3) individual or business representation as an authorized third-party affiliation or agent for a business entity without the business’ prior consent.

d. Falsification/Impersonation: Using the Services to impersonate any person or entity; falsely state, mask, or otherwise misrepresent yourself or your affiliation with any person or entity; or create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names, false date or time stamps, false originating e-mail addresses or other identifiers, or other means of deceptive addressing.

e. Commercial, Unsolicited, and Spam Communications: Using the Services to distribute, publish, send, or engage in: (i) commercial, marketing, advertising, or promotional communications or solicitations to any person without the person’s consent; (ii) spam, chain mail, bulk messages, automatically generated messages, numerous copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content; and (iii) telemarketing, autodialed, or prerecorded communications. This includes using our mail servers or another site’s mail server to relay messages without the express permission of the account holder or the site.

f. Violation of Third-Party Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, website, or application you access.

g. Excessive Utilization of the Services: Engaging in excessive use of the Services, based on available network resources at the time, relative to typical usage by other Ready Wireless customers on similar service plans, including making or receiving an abnormally high number of calls, sending or receiving an unusually high number of messages, repeatedly placing calls of unusually long duration, or consuming a disproportionate amount of available network resources. Such activities suggest the Services are being used other than for personal, non-commercial use in violation of this Agreement and may impair or degrade use of the Services by other customers.

h. Uses Causing Excessive Utilization of the Services: Continuous, unattended, or excessive streaming, downloading, or uploading of videos, music, or other files; using applications that automatically consume unreasonable amounts of network resources, are designed for unattended use, operate as automatic data feeds, constitute automated machine-to-machine connections, or are used in a way that degrades network capacity or functionality; using the Services in connection with server devices or to operate a hosting service; using the Services as the functional equivalent of a private or dedicated access line or an access point for intra-company private branch exchange services; maintaining open lines of communication for extended periods of time (e.g., baby monitoring or other monitoring services); and placing or receiving an abnormally high number of calls or repeatedly placing or receiving calls which result in abnormally long call lengths or high costs, including operating a dispatch service, excessive use of multi-party calling features or separate calls that are not bridged together, and excessive use of single party or multi-party chat line services.

i. Traffic Pumping/Access Stimulation: Using the network for any and all activities that are designed to generate traffic to increase the intercarrier compensation billed to Ready Wireless, including to dial telephone numbers associated with free conference calls, free chat lines, or similar services that are used for traffic pumping/access stimulation.

j. Unauthorized Information Collection: Using our Services for unauthorized information collection, including, but not limited to: phishing, spidering, harvesting, or any other unauthorized collection of e-mail addresses, screen names, or other identifiers of others, using software (including “spyware”) designed to facilitate such activity; or conducting commercial research or commercial data collection, including collecting responses from unsolicited messages.

k. Malicious Software: Distributing, publishing, or posting content that is malicious software (i.e., malware) into the network or through the Services, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data, or personal information.

l. Hacking: Without the express prior authorization of the owner of any data, systems, or networks, accessing or using such data, systems, or networks, including attempting to gain unauthorized access to, alter, or destroy any information that relates to any Ready Wireless subscriber or other end-user and attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.

m. Interception: Monitoring data or traffic on any system or network without the express prior authorization of the owner of the system or network.

n. Intentional Interference: Interfering with any service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.

o. SIM Card Modifications: Without authorization, removing, altering, bypassing, copying, deactivating, reverse-engineering, or otherwise circumventing or reproducing the stored encoded information stored or the encryption mechanisms of the SIM card.

p. Signal Enhancements: Installing, deploying, or using any regeneration equipment or similar mechanism (e.g., a repeater or signal booster) to originate, amplify, enhance, retransmit, or regenerate a transmitted radiofrequency signal, unless authorized by Ready Wireless.

q. Tethering: Tethering your device to another device, computer, modem, or other equipment for the purpose of using the data service, except as required by federal or state law or regulation or as expressly described to you by us in writing.

r. Miscellaneous: Reselling or leasing the Services; using the Services for commercial activities; using the Services as a pager or voicemail retrieval service; engaging in any other conduct that could or does harm or adversely affect our other subscribers, employees, business, reputation, network, property, Services, operations, or any other person; or assisting, facilitating, or allowing anyone else to do or attempt to do any of the above activities.

This Acceptable Use Policy, including the prohibited uses, applies to use of the Services with unlimited talk, text, and data Allotments. If you use unlimited Allotments for anything other than personal, non-commercial use or engaging in any other unauthorized, excessive, or abusive use, including uses prohibited by this Acceptable Use Policy, we may, at our sole discretion, terminate, suspend, modify, or limit your Services, as discussed in Section 5. 

5. Termination, Suspension, Modification, and Limitations of Your Services

Either party may terminate the Services, which will terminate this Agreement, at any time on advance notice to the other party with or without cause. Under FCC rules, Ready Wireless will terminate your ACP Services, after notice to you, if we have a reasonable belief that you no longer qualify for the ACP benefit. Ready Wireless may terminate your ACP Services if you fail to use your ACP Services in the prior calendar month. Additionally, Ready Wireless may, at any time, with or without prior notice, and at our sole discretion, terminate, suspend, modify, or limit your Services if:

a. we know or suspect you or someone using the Services violated or attempted to violate this Agreement, including the Acceptable Use Policy in Section 4, or any other Ready Wireless policies or terms and conditions;

b. we know or suspect you used or attempted to use false or fraudulent means to obtain our Services;

c. we know or suspect you violated or attempted to violate any applicable laws or regulations;

d. we know or suspect that you have committed a criminal or harmful act against Ready Wireless or any of our employees or agents;

e. we know or suspect you are using the Services for fraudulent purposes;

f. your actions expose Ready Wireless to sanctions, prosecution, civil action, or other liability;

g. Your actions cause harm or interfere with the integrity, security, or normal operations of our network or that of our Underlying Carrier;

h. Your actions interfere with another subscriber’s ability to use the Services;

i. Your actions otherwise present an imminent risk of harm to Ready Wireless or its subscribers;

j. we discover you are not competent or capable of contracting for goods and services;

k. you threaten, harass, abuse, offend, or use vulgar, derogatory, or inappropriate language toward our employees, agents, or any person whom you contact using our Services;

l. we are ordered to do so by any federal or state government entity with authority to do so;

m. a condition immediately dangerous or hazardous to life, physical safety, or property exists;

n. we cease to provide Services in your area; or

o. for any other operational or governmental reason.

We may terminate or suspend talk, text, and data Services individually or collectively. Limitations of your Services may include any method discussed in Section 3.3. We may modify your Services by placing you on a service plan with lower Allotments or changing your features. We are not liable for any harms that may result from termination, suspension, modification, and limitations of your Services and you will not receive a refund or credit from Ready Wireless for any unused or unusable talk, text, and data allotments as a result of such termination, suspension, modifications, and limitations. 

You can request that we terminate your Services by contacting Customer Service by dialing 611 from your device or calling toll-free at 800-206-8389.

6. Warranties, Liabilities, and Indemnification

6.1 Warranty Disclaimer

Ready Wireless makes no representations or warranties, express or implied, including without limitation, any implied warranty of merchantability, suitability, non-infringement, fitness for a particular purpose, or performance to you or any other person or entity in connection with, arising out of, or relating to the Services, to the fullest extent permitted by law. We do not authorize anyone to make warranties on our behalf. We do not guarantee uninterrupted or error-free Services, wireless coverage, or particular service speeds or quality of service. We also do 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. You should implement appropriate safeguards to secure your device and any other equipment you may use with the Services. We do not manufacture any devices or equipment that are used with our Services and are not responsible for any defects, acts, or omissions of the manufacturers, including any warranty, patent, or licensing obligations.

6.2 Limitation of Liabilities

To the fullest extent permitted by law, you agree that neither Ready Wireless nor our vendors, suppliers, or licensors shall be liable, whether or not due to our or their negligence, for any:

a. act, omission, or error by you or a third party, including third-party service providers or vendors;

b. charges for any products or services provided by third parties and accessed through or for use with our Services;

c. claims against you by third parties;

d. mistake, omission, interruption, outage, error, failure, delay, defect, or limitation in the provision of Services;

e. deficiencies or problems with network coverage (e.g., dropped, blocked, interrupted Services, etc.);

f. damage, injury, or loss caused by or arising out of your use of the Services, including traffic or other accidents and health-related risks or issues, or our suspension or termination of the Services;

g. damage, injury, or loss caused by any interruption, failure, or delay in accessing or attempting to access emergency services from while using the Services, including 911 services;

h. interrupted, failed, or inaccurate location services;

i. quality, appropriateness, accuracy, or suitability of any content, information, or applications you may access while using the Service;

j. information or communications that are blocked by a spam filter or that we otherwise restrict or block consistent with this Agreement;

k. damage, harm, or loss that may result from your communications being intercepted;

l. unauthorized access to your account caused by your actions or that circumvent our reasonable security measures;

m. unauthorized access to your device;

n. changes in operation, equipment, or technology that cause your device or software to be rendered obsolete or require modification;

o. damage to or loss of any information or data stored on your device or any other equipment you use with the Services;

p. loss or disclosure of information or data you transmit when using the Services (including any damage, loss, harm, or disclosure that results from malware); or

q. default, delay, damage, or harm due to factors beyond our control (i.e., force majeure events, as describe in Section 8.7).

To the fullest extent permitted law, Ready Wireless shall not be liable for any indirect, special, punitive, incidental, exemplary, or consequential losses or damages you or any third party may suffer by use of or inability to use the Services, including loss of business or goodwill, loss of revenue or profits, property damage, costs for replacing products and services, or claims of personal injuries. To the extent permitted by law, our liability for monetary damages for any claims you may have against us are limited to no more than the direct and actual damages. The above limitations of liability will apply regardless of the theory of liability, including fraud, misrepresentation, breach of contract, personal injury, negligence, or product liability.

6.3 Indemnification

To the fullest extent permitted by law, you agree to defend, release, indemnify, and hold harmless Ready Wireless and all affiliated or related companies, officers, directors, employees, agents, and representatives from and against any and all losses, claims, liabilities, injuries, costs, penalties, damages, settlements, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) arising out of or relating to, directly or indirectly: your or any other person’s use of the Services, whether based in contract or tort (including strict liability) and regardless of the form of action; your acts or omissions, including your breach or violation of this Agreement, other Ready Wireless policies, or any applicable statutes, ordinances, laws, or regulations of any federal, state, or local authority; and claims arising in whole or in part from the alleged negligence of Ready Wireless. If we reasonably determine that a claim might adversely affect Ready Wireless, you will use counsel reasonably satisfactory to us to defend each claim, you will not consent to the entry of a judgment or settle a claim without our prior written consent, and we may take control of the defense at our expense (and without limiting your indemnification obligations). This obligation shall survive termination of your Services with Ready Wireless.

7. Dispute Resolution

7.1 Disputes

Within sixty (60) days of the date of any event giving rise to a dispute, as defined in Section 7.2(B), you must notify Ready Wireless of such dispute in writing at Ready Wireless, Attn: Dispute Resolution, 415 1st St SE, Cedar Rapids, IA 52401 (or using any other means set forth in Section 7.2(C), titled “Dispute Notice”), including a dispute over the Services we provided, or you will have waived your right to dispute the event and to bring, or participate in, any legal action raising any such dispute. If any dispute arising out of or relating to this Agreement has not been resolved by the good-faith efforts of the parties within forty-five (45) days after the notice of dispute was given, either party may commence a binding arbitration proceeding in accordance with Section 7.2. You agree to fully perform under the Agreement while a dispute is being resolved. Notwithstanding the foregoing, you maintain your right to file a complaint with the Federal Communications Commission FCC, your state’s Public Service Commission, or any other federal or state governmental that may, if permitted by law, seek relief against us on your behalf.

7.2 Dispute Resolution by Mandatory, Bilateral, and Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. 

Summary: Most subscriber concerns can be resolved quickly and to the subscriber’s satisfaction by contacting Ready Wireless Customer Service by dialing 611 from your device or calling toll-free at 800-206-8389. In the unlikely event that Customer Service is unable to resolve a complaint you may have to your satisfaction (or if Ready Wireless has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. All costs and fees of arbitration will be paid by the prevailing party. Notwithstanding the foregoing, you maintain your right to file a complaint with the FCC, your state’s Public Service Commission, or any other federal or state government that may, if permitted by law, seek relief against us on your behalf.

Arbitration Agreement.

A. Mandatory, Bilateral, and Binding Arbitration. You and Ready Wireless agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Services, or to any other products or services sold or distributed by Ready Wireless, including any dispute or claim as to the scope or applicability of this agreement to arbitrate, shall be resolved only by final and binding, bilateral arbitration, except that: (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or our right to seek injunctive or other equitable relief in a court of competent jurisdiction pursuant to Section 7.3, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration. References to Ready Wireless include its respective subsidiaries, affiliates, predecessors in interest, successors, assigns, directors, officers, employees, and representatives.

Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement.

B. Dispute. The term “dispute” shall include any dispute, claim, or controversy between you and Ready Wireless, including our employees, agents, affiliates, and other representatives, regarding or relating to any aspect of your relationship with Ready Wireless, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “dispute” also includes, but is not limited to, any and all claims between you and Ready Wireless in any way related to or concerning this Agreement or our Services, including, but not limited to, coverage, privacy, and advertising relating to telephone calls or other communications that you claim were received by you from Ready Wireless or a party acting on Ready Wireless’s behalf. The term “dispute” is to be given the broadest possible meaning that will be enforced and includes disputes that arise after the Services or this Agreement are terminated.

C. Dispute Notice: Before initiating an arbitration, you and Ready Wireless each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Ready Wireless, Attn. Dispute Resolution, 415 1st St SE, Cedar Rapids, IA 52401 (the “Notice Address”), or (2) emailed to rwebbsupport@readywireless.com. Ready Wireless will provide a Notice of Dispute to you via the mailing address, email address, or phone number associated with your Ready Wireless Services. You and Ready Wireless agree to make attempts to negotiate in good faith to resolve any dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Ready Wireless may commence an arbitration proceeding. You agree to fully perform under the Agreement while a dispute is being resolved.

D. Arbitration Process and Procedure.

i. All disputes shall be determined by binding arbitration (1) administered by the American Arbitration Association (AAA), pursuant to the AAA Consumer Arbitration Rules effective September 1, 2014 (the “AAA Rules”), and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) conducted by a single, neutral arbitrator; and (3) that takes place telephonically, unless an in-person hearing is specifically requested by either party, which, in such case, shall take place in Dania, Florida, unless Ready Wireless and you agree otherwise. To the extent that this agreement to arbitrate conflicts with the AAA Rules, the AAA Rules in that regard will apply.

ii. Disputes may also be referred to another arbitration organization if you and Ready Wireless agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act (9 U.S.C. § 1, et seq.).

iii. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, or representative action.

iv. You understand and agree that by entering into this agreement, you and Ready Wireless are each waiving the right to a trial by jury and the right to participate in a class action for any dispute covered by this agreement.

v. The AAA Rules are available on its website at https://adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. Notwithstanding any AAA Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Ready Wireless each agree that all issues regarding the dispute are delegated to the arbitrator to decide, except that the arbitrator is bound by the terms of this Agreement and a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

vi. To commence an arbitration, a Demand for Arbitration is required to be executed and served on Ready Wireless. Service of the Demand for Arbitration on Ready Wireless can be mailed to Ready Wireless, Attn. Dispute Resolution, 415 1st St SE, Cedar Rapids, IA 52401 pursuant to the instructions provided by AAA to submit a dispute for arbitration. Service of the Demand for Arbitration on you will be sent to you via the mailing address or email address associated with your Ready Wireless account. Further instructions on submitting a Demand for Arbitration can be found at https://adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf.

E. Class Action Waiver. You and Ready Wireless agree that neither you nor Ready Wireless shall be entitled to join or consolidate disputes by or against other individuals or entities, or arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or in a private attorney general capacity, in connection with any dispute. Further, unless both you and Ready Wireless expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim.

F. Arbitrator Selection. Arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both Ready Wireless and you pursuant to the AAA Rules.

G. Arbitrator Award. An arbitrator’s award will consist of a written statement of the disposition of each dispute and a concise written statement of the essential findings and conclusion on which the award is based. Except where prohibited by law, you and Ready Wireless agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the Federal Arbitration Act, and judgment on the award may be entered in any court of competent jurisdiction. Neither you nor Ready Wireless shall disclose the existence, contents, or results of any arbitration, except to the extent required by law.

H. Costs and Fees. All costs and fees of arbitration will be paid by the prevailing party, except that Ready Wireless will bear the cost of your initial filing fee.

I. Severability. If any part of this Arbitration Agreement is held to be unenforceable by a court or agency of competent jurisdiction, that part may be severed and the remaining provisions will remain in full force and effect.

J. Survivability. This arbitration clause shall survive termination of this Agreement.

7.3 Governing Law, Venue and Jurisdiction, and Court Proceedings

Except to the extent preempted by or inconsistent with applicable federal law, this agreement is governed by, and construed in accordance with the laws of the State of Iowa, without regard to choice of law principles, conflicts of laws rules, or your actual state of residence. For any claim that proceeds in court rather than in arbitration, we each waive our right to a jury trial and any claims for punitive or exemplary damages. Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise that is not subject to the mandatory arbitration provision, shall be subject to the exclusive jurisdiction of Iowa District Court for Linn County or in the U.S. District Court for the Northern District of Iowa (Cedar Rapids Division).

8. Miscellaneous

8.1 Application of Tariffs

Ready Wireless may elect or be required to file tariffs with the appropriate regulatory body in certain states setting forth the terms and rates for our delivery of certain Services. In the event we have filed a tariff with respect to any of the Services we provide you, the terms and rates set forth in the tariff (or any successor document in the event of de-tariffing) shall govern our delivery and your use of the Services subject to the tariff. Any such tariffs are hereby incorporated by reference and shall take precedence over any conflicting provision in this Agreement.

8.2 Consent to Receive Communications

Ready Wireless may occasionally need to communicate with you about your Services. Except where opt-in consent or separate consent is required by law or regulation, you provide express or implied consent, by providing us with your contact information or by using our Services, for Ready Wireless or our authorized agents or representatives to contact you using live, automated, or prerecorded messages to any landline, wireless, or facsimile telephone number, physical address, email address, application, or other means where you may be reached, for any and all purposes, including to inform you about our services, customer service-related information, commercial information about the products or services we offer, or other matters we believe may be of interest to you. You agree that we also have the consent to contact any authorized user on your account for Service or payment-related reasons. Some of these communications may result in charges to you. Except in circumstances, your consent to be contacted may be revoked at any time by any reasonable means.

8.3 Modifications to the Agreement

We may, at any time, modify: any part of this Agreement; any other terms, conditions, and policies; our rates, fees, and charges; our features and products; and our coverage areas, Underlying Carrier, and provisioning technology. We will provide you with advanced notice of any modifications that have a material adverse impact on you or your use of the Services (other than changes to governmental fees, proportional charges for governmental mandates, and administrative charges). We may provide you with notice of any other modifications as described in Section 8.4 or as otherwise required by any applicable law, regulation, or order. If any regulatory body or a court of competent jurisdiction, issues a law, regulation, rule, or order that has the effect of materially increasing the cost to provide the Services or canceling, changing, or superseding any material term or provision of this Agreement (collectively “Regulatory Requirement”), then this Agreement shall be deemed modified in such a way as is consistent with the form, intent, and purpose of the Regulatory Requirement and otherwise as is necessary to comply with the Regulatory Requirement. Material adverse modifications become effective thirty (30) days after we deliver notice to you or as otherwise specified in the notice. All other modifications become effective when posted on the Ready Wireless website, https://www.readywireless.com/, or as specified in any notice. If you continue to access or use our Services on or after the effective date of such modifications, you accept those modifications. Neither the course of conduct between you and Ready Wireless nor common trade practice will act to modify any provision of this agreement.

8.4 Notices

We or our authorized agents may use any of the following methods to provide you with notices: correspondence to any physical address or e-mail addresses you have provided us; live or prerecorded calls, voice messages, or text messages delivered to your device or any other phone number you have provided us; prerecorded messages when you attempt to place a call; in-app messages or push notifications; posting on our website; or by any other means Ready Wireless deems practicable. You are responsible for updating your contact information with us when it changes. Notices are treated as delivered when you accept a call; when delivered to your voicemail service, text messaging service, email account, or device; when posted on our website or in an application; and three (3) days after mailed to your last known billing address. Except as otherwise provided in this agreement, you must provide us notice by calling or sending correspondence to us using the contact information provided in Section 9.

8.5 No Third-Party Beneficiaries

This Agreement is solely for the benefit of you, Ready Wireless, and our parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. No provision of this Agreement shall be deemed to confer on any third parties any remedy, claim, liability, reimbursement, cause of action, or other right or benefit.

8.6 Assignment

You may not transfer or assign this Agreement or any of your rights or obligations under it, in whole or in part, by operation of law or otherwise, without our prior written consent. We may transfer or assign all or part of this Agreement without notice. Upon our transfer or assignment of this Agreement, Ready Wireless shall be released from all liability with respect to this Agreement.

8.7 Force Majeure

Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation: acts of God, including weather-related phenomenon, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computers viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.

8.8 Enforcement and Waiver

Ready Wireless has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Ready Wireless will determine, in its sole discretion, whether you violated or attempted to violate any of the provisions of this Agreement, including the Acceptable Use Policy. If we determine or suspect that you violated or attempted to violate this Agreement, we may terminate, suspend, modify, or limit your Services, as described in Section 5. Additionally, we may report actual or suspected criminal offences to appropriate law enforcement authorities. Ready Wireless will cooperate with law enforcement investigations where criminal activity is suspected, and you agree to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance. 

8.9. Survivability

Any rights, obligations, commitments, or provisions in this Agreement that, by their nature or context, are intended to or would logically continue to apply following termination of Services or of this Agreement shall continue in full force and effect until they are satisfied in full or by their nature expire, including, but not limited to, those relating to 911 and emergency communications, limitations of liability, and dispute resolution.

8.10. Severability

If any part or provision of this Agreement, including any part of its arbitration clause or Acceptable Use Policy, is deemed unlawful, void, or for any reason unenforceable by a court or agency of competent jurisdiction, that part shall be severed from this Agreement in that jurisdiction and the remaining provisions of the Agreement shall remain in full force and effect. 

8.11. Headings

Section headings are for descriptive, non-interpretive purposes only.

8.12. Language

The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

8.13. Integration

This Agreement and any other policies, documents, or agreements incorporated by reference herein or therein represent the complete agreement between you and Ready Wireless. It supersedes any and all prior or other agreements, arrangements, representations, contracts, warranties, advertising, statements, offers, guarantees, assurances, and understandings relating to the subject matter of this Agreement, whether written or oral, including any other documents or statements by any sales representative, service representative, or other agent.

8.14 Order of Precedence

Unless expressly provided otherwise, in the event of conflict among the documents comprising this Agreement, the order of priority shall be: (i) any publicly filed tariff governing the Services (or a successor document in the event of detariffing); (ii) this Agreement; and (iii) any other agreements incorporated by reference.

9. Customer Service Contact Information

If you have any questions, concerns, comments, or complaints regarding your Services, your bill, or this Agreement, please contact Ready Wireless Customer Service using the following information:

Email: rwebbsupport@readywireless.com

Phone: 800-206-8389 or 611 from your device during normal business hours: 10AM-7PM Central, Mon-Fri

Mail: 415 1st St SE, Cedar Rapids, IA 52401