Terms & Conditions

Contract Free Mobile (CFM) Defective Product and Return Policy

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. THESE TERMS AND CONDITIONS OF SERVICE ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CFM. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT ANY DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. CFM MAY CHANGE ANY OF THESE TERMS AND CONDITIONS OF SERVICE AT ANY TIME AND IN ITS SOLE DISCRETION. ANY CHANGES OR MODIFICATIONS TO THESE TERMS AND CONDITIONS OR SERVICE WILL BE BINDING UPON YOU ONCE POSTED ON THE CFM WEBSITE www.contractfreemobile.com. THESE TERMS AND CONDITIONS OF SERVICE INLUDE ANY TERMS AND CONDITIONS OR INSTRUCTIONS INCLUDED WITH YOUR WIRELESS PHONE, ACCESSORY, PREPAID CARD OR PIN CFMSERVICES (the 'Services') ARE OFFERED SUBJECT TO THESE TERMS AND CONDITIONS OF SERVICE. YOU ACCEPT THESE TERMS AND CONDITIONS OF SERVICE AND ANY SUBSEQUENT MODIFICATION OF THEM BY USING CFM SERVICES BY, FOR INSTANCE, ACTIVATING A PHONE, ACTIVATING A PREPAID CARD, PLACING A CALL, SENDING A MESSAGE OR TRANSMITTING DATA ON THE CFM WIRELESS SYSTEM OR ANOTHER SYSTEM THAT HAS AGREED TO CARRY OUR SERVICES.

1.        References to Contract Free Mobile. In these Terms and Conditions of Service, the words 'we,' 'us,' 'our,' 'CFM' or similar terms refer to Contract Free Mobile.

2.        Scope and Limitations of Service.

a.        Services are generally available within the range of our wireless system and may change from time to time. A coverage map may be found on our website (www.contractfreemobile.com). Any statements by CFM, its employees, representatives or agents about the coverage of our wireless system are only intended to describe its approximate coverage. You should not interpret any such statement to mean that Service will be available under all circumstances, at all times, or without interruption. Service is subject to transmission limitations caused by equipment and compatibility issues, atmospheric topographical and other conditions.

b.        We reserve the right to manage our network and the traffic on it. As a result, we may deny any activation or discontinue a customers service for any lawful reason. We may block access to a number and/or certain types of numbers, certain websites, or certain messages, including text, video, photo and audio messages in our sole discretion and the extent legal permitted.

c.        You are not permitted to use the Service to (i) transmit content or messages that are either themselves or in the way they are transmitted, illegal, fraudulent, threatening, abusive, defamatory or obscene; (ii) in a way that could cause damage or adversely affect our customers, network, property or Services; (iii) to send any unsolicited commercial voice, text, SMS or other message; (iv) to infringe the copyright, trademark, patent or other intellectual property of another or (v) to upload or transmit any 'virus,' 'worm,' or malicious code or (vi) in any way that violates these Terms and Conditions of Service.

3.        Service Specific Terms and Conditions. In addition to these Terms and Conditions of Service, each Service may have terms and conditions that are specific to that Service. Such terms and conditions are shown in individual Service Schedules that, like these Terms and Conditions of Service, are a part of your agreement with us.

4.        DISCLAIMER OF WARRANTY; WIRELESS PHONES AND RELATED EQUIPMENT. CFM DOES NOT MANUFACTURE WIRELESS PHONES OR RELATED ACCESSORY EQUIPMENT. YOUR WIRELESS PHONE AND RELATED ACCESSORY EQUIPMENT COME WITH A SEPARATE WRITTEN WARRANTY FROM THE MANUFACTURER. STATEMENTS BY CFM OR ITS EMPLOYEES OR AGENTS REGARDING THE WIRELESS PHONE OR RELATED ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY CFM. CFM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT YOUR WIRELESS PHONE OR ANY RELATED ACCESSORY EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CFM BE LIABLE FOR ACTUAL, INCIDENTAL, INDIRECT, SPECIAL TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) ARISING FROM THE MANUFACTURE OR WARRANTY OF THE WIRELESS PHONE OR RELATED ACCESSORY EQUIPMENT. THIS DISCLAIMER DOES NOT DPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER. WITHOUT LIMITATION, CFM WILL NOT BE LIABLE TO YOU IN CONNECTION WITH (1) THE MANUFACTURER'S WARRANTY, (2) ANY ACTIONS OR OMISSIONS OF THE MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF THE WIRELESS PHONE OR RELATED ACCESSORY EQUIPMENT.

5.        DISCLAIMER OF WARRANTY; SERVICES. CFM AND ITS VENDORS AND SUPPLIERS ('CFM PARTIES') MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICE. THE CFM PARTIES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW. YOU ACKNOWLEDGE THAT SERVICE INTERRRUPTIONS WILL OCCUR FROM TITME TO TIME AND AGREE TO HOLD THE CFM PARTIES HARMLESS FOR ALL SUCH INTERRUPTIONS. IN NO EVENT SHALL CFM PARTIES BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE SERVICE OR THIS AGREEMENT.

6.        ARBITRATION; DISPUTE RESOLUTION.

a.        PLEASE READ THIS SECTION CAREFULLY. ARBITRATION MAY LIMIT RIGHTS YOU MAY HAVE AND PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION. ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN ADDITION, YOU AND WE ARE WAIVING RIGHTS TO PARTICIPATE IN CLASS ACTIONS, INCLUDING WITHOUT LIMITATION CLASS ACTIONS BEGUN BY OTHER PRIOR TO THIS AGREEMENT, EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, YOU ARE WAIVING ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US (OUR AFFILIATES, PREDECESSORS OR SUCCESSORS IN INTEREST) ON A CLASS BASIS. WE, IN TURN, WAIVE ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST YOU ON A CLASS BASIS.

b.        You may reject this arbitration clause by sending us a rejection notice ('Rejection Notice') within sixty (60) days after the date of your first activation of a phone, card or PIN. Any Rejection Notice must include your name, address and CFM telephone number and must be sent to CFM, 5747 West Broadway, Minneapolis, MN 55428 Attn: Legal Dept.

c.        Any past, present or future claim, dispute or controversy ('Claim') by either you or us against the other, or against the employees, agents, successors or assigns of the other, arising from or relating in way to this Agreement or the Services provided under this Agreement, including without limitation, statutory, tort and contract Claims and Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved by binding arbitration. However, a Claim does not include any challenge to the validity and effect of the class action waiver below. The party filing arbitration must choose one of the following three arbitration administrators: National Arbitration Forum; American Arbitration Association; or JAMS. These administrators are independent from us, and you must follow their rules and procedures for initiating and pursuing arbitration. If you initiate the arbitration, you must also notify us in writing at the address set forth in the 'Notices and Contact' section. If we initiate arbitration, we will notify you by sending a text message to your phone or, if your account is closed, at the last address we have for you, if any. Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator at the time the claim is filed. We agree that we will not elect to arbitrate an individual Claim that you bring against us in small claims court or your state's equivalent court, if any. Nevertheless, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration. Unless otherwise provided by applicable law, neither party has the right to bring a Claim or other legal action under these Terms and Conditions of Service more than two (2) years after the cause of action arose.

d.        You may obtain copies of the current rules of each of the three arbitration administrators named above, and other related materials, including forms and instructions for initiating arbitration, by contacting the arbitration administrators as follows:

National Arbitration Forum
P.O. Box 50191
Minneapolis, MN 55405
www.adrforum.com
1-800-474-2371

American Arbitration Association
1633 Broadway, 10th Floor
New York, NY 10019
www.adr.org
1-212-716-5800

JAMS
1920 Main Street, Suite 300
Irvine, CA 92614
www.jamsadr.com
1-949-224-1810

e.        This arbitration provisions of these Terms and Conditions of Service are subject to the Federal Arbitration Act, 9 U.S.C. ??1-16 (the "FAA") and shall be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless this arbitration provision is inconsistent with those procedures and rules, in which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized by law. Judgment upon any arbitration award may be entered in any court having jurisdiction. At your written request we will consider any requests to advance or reimburse any arbitration filing fee, administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in court.

f.         No class claims, including class actions, class arbitrations, other representative actions, or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. The arbitration provisions of these Terms and Conditions of Service survive the termination of these Terms and Conditions of Service or the Service relationship between you and us; provided, however, if any portion of the arbitration provisions cannot be enforced, that portion will be severed, and the rest of the arbitration provisions will continue to apply, provided that all of the arbitration provisions shall be null and void if the class action waiver is held to be invalid or unenforceable with respect to the class or representative Claim subject to any right to appeal such holding.

g.        IF ARBITRATION IS CHOSEN BY YOU OR BY US WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THOUGH A COURT. IF ARBITRATION IS CHOSEN, YOU AND WEL WILL NOT HAVE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT SUCH AS CLASS ACTION LITIGATION. OTHER RIGHTS INCLUDING THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED BY ARBITRATION. BY USING THIS SERVICE, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THE AGREEMENT.

7.        Indemnification. You agree to indemnify, defend and hold harmless CFM, its employees, agents representatives, officers, directors, successors and assigns form any claims arising out of your use of CFM Service.

8.        Your Representations. By activating any phone, card, PIN or other device on the CFM network, you represent that you have the legal capacity to accept these Terms and Conditions of Service.

9.        General Terms. A waiver of any part of these Terms and Conditions of Service in one instance is not a waiver of any other part or any other instance. We may assign all or any part of our rights or responsibilities under these Terms and Conditions of Service. Notices are considered delivered when we send it by text message to your wireless phone number or send them by e-mail to any e-mail address that you have provided to us. If any part of these Terms and Conditions of Service (other than the arbitration provisions which have their own severance provision) is held to be invalid, that part may be severed from the rest. The entire agreement between you and Xtreme consists of (i) these Terms and Conditions of Service; (ii) additional Service specific terms and conditions in the Service Schedules and (iii) additional terms and conditions or instructions included with your phone, card, PIN or other device. You cannot rely on any other documents or statements by any employee, agent or other representative of CFM that give different terms or conditions of Service. This agreement is only between you and CFM and is not for the benefit of any third party except for CFM affiliates, successors and assigns. Except to the extent we have agreed otherwise in the provisions on arbitration, or as required by Federal law, these Terms and Conditions of Service are governed by the laws of the state encompassing the area code assigned to your wireless phone number.

VOICE SERVICE SCHEDULE

THIS VOICE SERVICE SCHEDULE IS PART OF THE TERMS AND CONDITIONS OF SERVICE AND CONTAINS TERMS AND CONDITIONS SPECIFIC TO XTREME'S VOICE SERVICES THAT ARE IN ADDITION TO THOSE CONTAINED IN THE GENERAL TERMS AND CONDITIONS OF SERVICE.

1.        Charges. You may purchase phones, cards or PINs that you may use to access CFM voice Services. You may use CFM voice Services to make wireless local, long distance and international calls. You may purchase cards or PINs in denominations of $3, $6 $12, $20 or $50. CFM will deduct charges from your card or PIN at the following rates:

a.        International rates will apply even to all international calls even if the call is made on a night or weekend when airtime charges would not apply. See www.contractfreemobile.com for our international rates.

b.        A fee of $1.95 is charged for 411 service. You must have a positive cash balance in addition to your unlimited voice plan in order to use 411 service without resulting in suspension of your line

c.        Roaming is generally not available.

2.        Cash Card Program. Cash Cards are sold in denominations of $5, $10 and $20 and expire 30 days after activation. Cash cards add a separate cash balance, in addition to your unlimited voice & text days, which cover 411 calls, additional data usage, international long distance calls and other pay-per-use features.

3.        Unlimited Plan. CFM Plans include local and domestic long distance voice calling. International services incur additional charges. Directory assistance calls incur an additional charge of $1.95.

a.        Unlimited Use Does Not Mean Unreasonable Use. To ensure that all customers have access to reliable services provided at a reasonable cost, you may not use our service in a manner that interferes with another CFM customer's use of our service or disproportionally impacts CFM network resources. CFM Voice Services are provided solely for live voice dialogue between, and initiated by, two individuals for personal use. Unlimited Plan Services may not be used for any other purposes, including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live voice dialogue between two individuals. We will presume that you are engaging in a prohibited use of the Unlimited Plan Services in violation of these Terms and Conditions of Service if you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration (as compared to other customers on the same service plans), or if your usage is harmful or disruptive to CFM systems or services. If we determine, in our sole discretion, that you are using an Unlimited Plan Service in violation of these Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or your service.

4.        "As passed by the state Legislature and recently signed into law by Gov. Jim Doyle as part of the state's 2009-2011 biennial budget (Assembly Bill 75), beginning on September 1, 2009, we will be required to collect a new fee of $0.38 per transaction. This new fee will appear on your bill as a line-item for the "Police and Fire Protection Fee." The amounts collected from these fees will be remitted to the state and ultimately be distributed back to local units of government under the county and municipal aid program to support continued funding of police and fire protection services. This fee is mandated by law."

DATA SERVICE SCHEDULE

THIS DATA SERVICE SCHEDULE IS PART OF THE TERMS AND CONDITIONS OF SERVICE AND CONTAINS TERMS AND CONDITIONS SPECIFIC TO CFM DATA SERVICES THAT ARE IN ADDITION TO THOSE CONTAINED IN THE GENERAL TERMS AND CONDITIONS OF SERVICE.

1.        Charges. 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 billing purposes. CFM charges a full kilobyte of data transport for every fraction of the last kilobyte of data transport used on each data session. Data sent and received includes, but is not limited to, downloads, e-mail and MMS messages. Prices do not include taxes or other exactions and are subject to change. CFM provides data services under two different programs:

2.        Cash Card Program. Cash Cards are sold in denominations of $5, $10 and $20 and expire 30 days after activation. Data transport is charged at the rate of $.05 per kilobyte.

3.        Technical Requirements. Access to data services requires a USB wireless Internet card. See www.contractfreemobile.com for details.

4.        Roaming. Roaming is not allowed while using CFM data services.

5.        Information & Content. Information or content other than that at www.contractfreemobile.com that you may access while using the data services is provided by third parties not under the control of CFM. CFM IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies may differ among information and content providers and you may be bound by those policies when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content or service provider. Any information you involuntarily or voluntarily provide to third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose or transmission of any information or downloaded data is not guaranteed or warranted by CFM. Neither CFM nor any of its service providers shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the CFM services.

6.        Security. CFM DOES NOT GUARANTEE SECURE DATA COMMUNICATIONS. You should use caution when transmitting sensitive personal information.

7.        Text Messaging, Instant Messaging and Picture/Video (MMS) Messaging. Standard SMS messages are limited to 160 characters per message. CFM plans include unlimited text messaging for a specific number of days. MMS messages are charged on per/kb used basis. CFM does not guarantee delivery of messages. Some elements of picture/video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones. CFM reserves the right to change the allowed size of MMS messages at any time without notice.