Terms & Conditions
“You” and “your” mean the person or entity that subscribes to Communication Services or purchases Equipment subject to these terms and conditions (this “Agreement”). “We”, “our”, “us”, and “Choice” refer to Commnet Wireless, LLC, its subsidiaries and affiliates, as well as any other person or entity doing business as Choice and providing Communication Services or Equipment to you. “Communication Service(s)” or “Service(s)” refer to any services you have asked us to provide to you through this Agreement. “Equipment” means any communications equipment or accessories you purchase from us or use in any manner in connection with your Services. The current copy of the this Agreement is maintained at www.choice-wireless.com for your reference and we may update it from time to time; it will control the terms and conditions under which we provide Equipment and Service to you, such as rate plans, access charges, fees, taxes and surcharges, and the Equipment you have selected. Under this Agreement agreed to establish an Account (the "Account") for use of Choice prepaid wireless associated services (the "Service").
You accept this Agreement when you use the Service or Equipment. If you do not accept, you should promptly return the box with the phone and all its contents undamaged to your place of purchase. Phones purchased directly from Choice must be returned within 30 days from purchase and have less than 30 minutes of airtime usage. Phones purchased at other locations are subject to that location’s return policy. Activation charges and airtime fees are not refundable.
You agree to pay for the Service by deductions from your Account. After your initial Account set up, or making an additional payment for your existing Account, we will provide the Service to you until you have depleted your Account balance. Charges for the Service including, without limitation, wireless airtime, long distance, roaming (if available), balance increases, text and multi-media messages, downloadable applications, directory assistance, and voicemail usage will be deducted automatically from the Account at the applicable rate, depending on your plan and choice of features. If at any time the balance in your Account becomes zero or negative, you may not receive further Service until you make a payment for your Account that creates a positive balance. Call times are billed in one minute increments in which ALL calls will be rounded up to the next one minute increment unless otherwise measured. For data Services, data transport is billed in full-kilobyte increments and actual transport is rounded up to the next full kilobyte increment at the end of each data session for charging purposes. We charge a full kilobyte of data transport for every fraction of the last kilobyte of data transport used on each data session. Network overhead, software update requests, and re-send requests caused by network errors can increase measured kilobytes. If you select a rate plan or additional features that include a predetermined allotment of services (for example, a predetermined amount of airtime, megabytes, or text messages), unless otherwise specifically provided as part of such rate plan, any unused allotment of services from one monthly period will not carry over to the next monthly period. The length of a call or data session will be measured from when you initiate it (typically, when you press the “Send” key) until you terminate it (typically, when you press the “End” key). Incoming calls will incur airtime charges when you answer the call. Airtime is also charged when a caller leaves you a voicemail and when you access your voicemail or retrieve messages from your Choice wireless phone or another touch-tone phone. You may incur additional charges for roaming or long distance calls. Rates and charges while roaming outside of your local Choice service area may be different from your Choice service area rates. We reserve the right to select the carrier you will use while roaming. Certain features may not be available in all areas or accessible to all wireless phones. You may only access Services through the telephone number assigned to you while the Account is active. All airtime sales are final and non-refundable.
When a rate plan and / or feature(s) are selected, we will assess your Account for all charges associated with the Services. Payment will be due at activation for all charges associated with Equipment. Your account must have sufficient funds to accommodate the charges assessed on your assigned cycle date according to your rate and feature selections to avoid service interruption. If you have authorized payment for Services or Equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us. You are responsible for paying all charges applicable to your Account, including, if applicable, charges for access, airtime, features, text and multi-media messaging, roaming, toll, long distance, and directory assistance. In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by us or a governmental authority from time to time in connection with the Services or the Equipment.
We assign telephone numbers and other personal identifiers in connection with the Service. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that you request a transfer of your Account and we approve the transfer that would entail a transfer of personal identifiers to another party; we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed by you for Services or Equipment. Choice is not responsible for, nor do we give refunds for money you may lose due to, lost, stolen, or misused personal identifiers.
Extended Nationwide Coverage:
Extended Nationwide Coverage includes areas where Service is provided over a network not owned or operated by Choice. Extended Nationwide Coverage includes certain areas across the United States and some United States Territories, including Puerto Rico. Please visit your local retail store or view our coverage map for more information about Choice’s Extended Nationwide Coverage. Monthly (Pay in Advance) and Tribal Lifeline customers receive a monthly allocation of 300 air time minutes and 250 megabytes of data for use in Extended Nationwide Coverage areas. Pre-paid and Lifeline customers do not receive a monthly allocation of minutes or data for use in Extended Nationwide Coverage areas. For your convenience, Extended Nationwide Coverage service features are available for purchase on all plans.
Termination By Us & Acceptable Use:
We may, without liability, limit, interrupt, terminate, or refuse to provide a Service for the following reasons, or for any other good cause: (a) if you do not honor any provision of this Agreement, (b) if you use a Service in a manner that adversely affects Service to other customers or harasses our customers, our employees, or others, (c) if you or others use a Service to engage in fraud or unlawful conduct or are suspected of doing so, (d) if you modify your wireless phone or any software or firmware residing thereon from the original manufacturer’s specifications, including for the purpose of accessing services not provided by Choice, or (e) if your Service is used in a manner that is excessive or unreasonable with respect to volume or length of calls when compared to the predominant volume or length of call of other Choice customers in your geographic area.
Pre-paid Customers: If you do not deposit funds into your Flex Bucket (i.e. Top Up) for a period of 90 consecutive days we will expire your line of service and any Flex Bucket balance that exists at that time. All deposits made to your Flex Bucket, regardless of amount deposited, will extend this expiration period for up to 90 days from the day the deposit is made.
Monthly (Pay in Advance) Customers: If the monthly service amount due is not paid in full prior to the bill cycle due date, the service will be suspended. If the unpaid service amount remains unpaid for a period of 60 consecutive days following the applicable due date, the line of service will be terminated.
Lifeline & Tribal Lifeline Customers: You must use your Lifeline service at least once during any 30 day period by completing an outbound call, using data, purchasing minutes or data, answering an incoming call from someone other than Choice, responding to direct contact from Choice confirming that you want to continue receiving Lifeline service, or sending a text message. If your service goes unused for 30 days, you will be given a 15 day cure period to use your device. Failure to use your device during the cure period will result in suspension of services.
If we suspend or terminate your account, you may request that we reinstate your Service (which may entail activating a new Account) by calling 719-626-0000 if you are a US Customer or 928-730-2273 if you are a NTUA Navajo Nation customer. You may be assigned a new number at that time and a reactivation fee may apply. We reserve the right not to restore Service interrupted or terminated due to your breach of this Agreement, even if you correct the violation and pay any amounts due at time of termination; if we decide to restore your Service that we interrupt or terminate due to your breach of this Agreement, we may require you to pay a restoration charge as a condition of restoring your Service.
Connect Fee and Additional charges:
Choice Wireless reserves the right to add a Connect Fee to all wireless service plans and/or products sold at any Choice Wireless operated facility. The standard Connect Fee may vary by location. The Connect Fee will be applied but is not limited to the following; new service activations, device replacements, device upgrades, online sales and any other service change that Choice Wireless deems eligible. If a device, product or service is being returned or refunded, no credit or refund will be issued for the Connect Fee after 3 days of original activation.
Services Provided By Third Parties:
The Services will be provided either by Choice, an affiliate of Choice, or by our third-party vendors or contractors. We reserve the right to change or modify without notice the source or provider of any Services provided to you.
Unauthorized Use of Third Party Services: You agree that the wireless phone you purchase may not be used to access any services equivalent to the Services that are provided by another wireless service provider or any other third party. Your wireless phone contains programming designed to enable access only to the Services provided by Choice. Using any manual or electronic means to circumvent any restrictions placed on your wireless phone or to modify without authorization any programming supplied on your phone is a violation of this Agreement.
Privacy And Customer Proprietary Network Information: You authorize us to monitor and record communications to us regarding your Account and the Services; we do this for purposes of quality assurance. We will not give you notice of any subpoenas or court orders related to your Account or your use of Services unless we are required by law to do so. Information in our billing and customer care systems concerning your Account and your use of Services belongs to us, and you have no expectation of privacy with respect to such information. You agree that we may disclose information we have about you, your Account, and the Services you use (1) when required to do so by law, (2) to third parties solely for the purpose of assisting us in providing any Service to you, and (3) if we reasonably believe that an emergency involving immediate harm to a person or property requires disclosure. We may also analyze your Account and usage information to communicate with you regarding Equipment or Services that may become available to you.
Theft and Fraud:
If your Service or Equipment is lost or stolen or fraudulently used, then you are responsible for all usage incurred before Choice receives notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
Limitation of Liability:
In the event we are found to be responsible to you for damages in any way relating to this Agreement, your Account, the Services, or the Equipment, YOU AGREE THAT OUR LIABILITY TO YOU WILL NOT EXCEED YOUR PRO-RATED MONTHLY RECURRING CHARGE or THE AVERAGE MONTHLY PAYMENT YOU MADE TO US TO REPLINISH YOUR ACCOUNT BALANCE FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS' FEES.
Disclaimer of Warranties:
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR EQUIPMENT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We are not responsible for circumstances beyond our control, including without limitation acts or omissions of others, atmospheric conditions, or acts of God. We do not promise uninterrupted or error free Service. We may not manufacture any Equipment or software that you may use in connection with your Service, and your only warranties and representations with respect to Equipment or software are those provided by the manufacturer (with respect to which we have no liability whatsoever).
About These Terms and Conditions:
If you lose your copy of this Agreement, you may retrieve a current electronic copy from www.choice-wireless.com at any time. At any time and at our sole discretion, we may change the terms and conditions of this Agreement, including any charge or fee, or we may require a new charge or fee. We will make reasonable efforts to notify you of any material changes to your Service by text message and by posting the updated terms and plans at www.choice-wireless.com.
Your Agreement and Choice's provision of Services to you are subject to (a) the laws of the state in which the Service is obtained and (b) any applicable federal or state laws. In the event of an inconsistency between any governmental requirement and this Agreement regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.
Choice may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
No Waiver; Severability:
If Choice does not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
This Agreement is for the benefit of you and Choice only, and not any third party.
Social Media Promotional Offerings & Giveaways:
1. All offers are eligible to any legal resident that follows participation entry requirements. Some prize redemptions may require a Choice Wireless service in order to redeem offer (i.e. Deposit to FlexBucket or % off next purchase); in such cases, an active service will be required with Choice Wireless to redeem.
2. Choice Wireless employees are not allowed to participate in promotional offerings or giveaways. All offers are in no way promoted, endorsed or administered by, or associated with Facebook, Twitter or Instagram.
3. Choice Wireless reserves the right to run the same promotion on multiple social media sites and within multiple Choice Wireless markets which may results in a single winner from all venues. Any offer can be withdrawn without prior notice.
4. Any person that tampers with or abuses any aspect of the offer, as solely determined by Choice Wireless, will be disqualified. Choice Wireless reserves the right at its sole discretion to terminate the offer if any portion of the offer is compromised by bugs, viruses, non-authorized intervention or any other malicious cause, which has corrupted or impaired the administration, security, fairness or submission of information. Offer is subject to all applicable federal, state and local laws.
5. By accepting a prize, winners agree that they will be responsible for any and all additional taxes, fees, insurance and any other expense applicable to the acceptance and/or receipt of the prize. The prize includes only those items specifically mentioned.
6. By entering, entrants agree that Choice Wireless, its subsidiaries, affiliates, employees, representatives and agents shall have no liability and will be held harmless by entrant for any injury, loss or damage to entrant or third party due in whole or in part directly or indirectly by reason of the acceptance, possession, fulfillment, use or misuse of any prize relating thereto or participation in this promotion.
7. By completing the entry form and accepting the prize, the winner consents to the use of his/her name, likeness and/or voice for advertising promotional purposes, including live interviews and / or testimonials at the discretion of Choice Wireless without additional compensation, unless prohibited by law.
8. Winner by acceptance of prize, agrees that Choice Wireless, its parent, subsidiary and affiliated companies, advertising, fulfillment, promotional and interactive agencies, and all their respective officers, directors, employees, representatives and agents will have no liability whatsoever for and shall be held harmless by winners against any liability for injuries, death, losses or damages of any kind to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, fulfillment, misuse or use of any prize or participation in this promotion or promotion-related activities.
9. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond reasonable control of Choice Wireless, including but not limited to technical difficulties, unauthorized intervention or fraud, Choice Wireless reserves the right, in its sole discretion, to the fullest extent of the law: (a) to disqualify any entrant; or (b) subject to any written discretions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
10. In the event of war, terrorism, state of emergency or disaster, Choice Wireless reserves the right to cancel, terminate, modify, or suspend the promotion or suspend or modify the prize, subject to any written directions from a relevant regulatory authority.
11. If any of the aforementioned Terms and Conditions are not agreed upon by the entrant/participant of the promotion, do not enter the Choice Wireless contest/sweepstakes/giveaway.
ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR RELATING TO THE SERVICES AND EQUIPMENT MUST BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, USING THE WIRELESS INDUSTRY ARBITRATION RULES. INFORMATION REGARDING THIS PROCEDURE MAY BE FOUND AT WWW.ADR.ORG. EACH PARTY WILL BEAR THE COST OF PREPARING AND PROSECUTING ITS CASE. WE WILL REIMBURSE YOU FOR ANY FILING OR HEARING FEES TO THE EXTENT THEY EXCEED WHAT YOUR COURT COSTS WOULD HAVE BEEN IF YOUR CLAIM HAD BEEN RESOLVED IN A STATE COURT HAVING JURISDICTION. THE ARBITRATOR HAS NO POWER OR AUTHORITY TO ALTER OR MODIFY THE AGREEMENT OR THESE TERMS AND CONDITIONS, INCLUDING THE FOREGOING LIMITATION OF LIABILITY SECTION. ALL CLAIMS MUST BE ARBITRATED INDIVIDUALLY, AND THERE WILL BE NO CONSOLIDATION OR CLASS TREATMENT OF ANY CLAIMS. THIS PROVISION IS SUBJECT TO THE FEDERAL ARBITRATION ACT. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO THIS ARBITRATION CLAUSE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.
This Agreement is the entire Agreement between you and us, which may only be amended as described above. This Agreement supersedes any and all statements or promises made to you by any of our employees or agents.
Lifeline Services:As part of federal government program, we offer discounted wireless service to qualified low income residents in selected States. For questions or to apply for Lifeline service, call 719-626-0000 if you are a US Customer or 928-730-2273 if you are a NTUA Navajo Nation Customer.
You must use your Lifeline service at least once during any 30 day period by completing an outbound call, using data, purchasing minutes or data, answering an incoming call from someone other than Choice, responding to direct contact from Choice confirming that you want to continue receiving Lifeline service, or sending a text message. If your service goes unused for 30 days, you will be given a 15 day cure period to use your device. Failure to use your device during the cure period will result in suspension of services.
Offer Terms & Conditions:
To be eligible for this rebate, you must purchase a qualifying cell phone product from an approved Choice Wireless Location or at www.choice-wireless.com. All qualifying cell phones are identified at www.us.choice-wireless.com/amazon-rebate.html. Qualifying Cell Phone purchases must be active on a Choice Wireless Monthly or Lifeline line of service for a minimum of 60-days where all required balances and invoices are paid-in-full.Choice Wireless designs promotions for specific products and does not allow product substitutions. Limit one rebate per qualifying cell phone purchase at full MSRP Price per receipt purchase, per line of service. This rebate offer is not available to Choice Wireless Employee Account types, Choice Wireless Distributers, or Choice Wireless Authorized Agents. This rebate offer is available to all Choice Wireless Subscribers who have mailing addresses within the defined Choice Wireless Home Network, outlined in dark orange for our 4G LTE Home Coverage and light orange for our 3G Home Coverage, on the Choice Wireless Coverage Map found here https://us.choice-wireless.com/coverage.html. Purchases made outside of the Choice Wireless Home Network are not eligible for the Choice Wireless Mail-In Rebate Program. Choice Wireless Mail-In Rebate program(s) associated with this offer will be paid with an Amazon eGift Card. Values vary depending on qualifying cell phone purchased. A valid email address is required to receive an Amazon eGift Card value. Choice Wireless requires Mail-In Rebate Submissions to be post-marked no later than 30-days from original purchase date of qualifying cell phone. Qualifying Cell Phones must be purchased at full MSRP Price where no discounts have been applied to the cell phone costs. Cell Phones purchased at discounted prices are not eligible for the Choice Wireless Mail-In Rebate Program. Choice Wireless Promotions where services are discounted may qualify for the Choice Wireless Mail-In Rebate program if the qualifying Cell Phone was purchased at full MSRP Price. More than one submission of the same cell phone purchase constitutes fraud. For those who qualify, Amazon eGift Cards will be emailed within 90-days of original cell phone purchase date. Failure to comply with the rules of this promotion will make your submission invalid and could delay or prevent the fulfillment of the Amazon eGift Card value. The Choice Wireless Mail-In Rebate Form must be completed in its entirety. All required documentation including completed Mail-In Rebate Form, Cell Phone Serial Number Image or cut from box, and Proof-of-Purchase Receipt must be mailed to Choice Wireless - Mail-In Rebate, 1585 S Perry St, Castle Rock, CO 80104.