By subscribing to and utilizing LP Wireless, you are deemed to have agreed to and be bound by the following Terms and Conditions:
"Service" or "Services" means any and all services provided by LP Wireless to you including but not limited to, voice mail, faxmail, e-mail, conference calling, long distance, paging and any additional offerings by LP Wireless utilized by you.
"LP Wireless" means its affiliates, and their successors and assigns.
Right to Change Terms and Conditions
You agree that LP Wireless may change these Terms and Conditions on all portions of the Services at any time upon prior notice. You agree that LP Wireless may give you notice of such changes by posting such changes within the LP Wireless web site www.lpwireless.com by e-mail or by conventional mail (based on the address provided by you when you subscribed), and that by continuing to use the Services after the effective date of such changes, you agree to be bound by any such modified Terms and Conditions of the Services.
Billing and Payment
You agree to pay LP Wireless all rates and charges. The rates per term for Services are charged in advance of the upcoming term of service. All usage charges for "per minute" rates will be billed in Advance through prepaid minutes Packages. LP Wireless reserves the right to interrupt service.
You acknowledge and agree that your Service will remain "AS IS". Upon payment of the monthly fee, whether for the initial term of Service or for renewal periods, Lp Wireless will automatically bill you each month of service after our first 30 days on a quarterly (3 months in advance) billing cycle or monthly cycle depending on the service level you choose. LP Wireless will from time to time be required to bill you for additional minute packages when needed depending on your usage of minutes.
You may have access to a real-time call detail reports for each month that you incur charges, detailing your usage during that month. Access to this information is not a bill. LP Wireless will bill you according to it’s own billing procedures.
Fraudulent and Abusive Use of the Services
LP Wireless will help protect you against fraudulent use of your Services with private user names and passwords, daily and monthly usage limits. You are responsible for controlling access to and maintaining the security of your user name and password. You shall notify the LP Wireless of any user names and passwords, which are lost, stolen or suspected of being used fraudulently. You agree you will be liable for all charges incurred prior to deactivating suspect user names and passwords. You agree to not engage in or assist others in fraudulent or abusive use of the Services.
Love LP Wireless in 30 days. Or your money back - guaranteed!
The Services will remain in full force until canceled by either party. LP Wireless may suspend, interrupt, or cancel your service at any time (i) without notice for non-payment, for any reason, which in the LP Wireless’s judgment may preclude it from receiving payment, or for any violation by you of these Terms and Conditions; or (ii) with notice for any reason, with or without cause. If you wish to cancel, call the LP Wireless’s phone number noted. After cancellation, you agree LP Wireless has authorization to initiate a charge if there is an outstanding balance. LP Wireless will not refund a prorated portion of monthly service fees in the event that you cancel Service part way through the month. Subsequent reinstatements of Service after cancellation may be subject to a Service reinstatement fee this is at the LP Wireless’s discretion.
Your satisfaction is our highest priority. If you're not completely happy with LP Wireless within the first 30 days, you'll get your money back – guaranteed! No fine print here! We'll refund your monthly service fee Period! If any Equipment purchased is involved, return the Equipment in an acceptable condition to LP Wireless and LP Wireless will be refund the Price of the Equipment as well.
Indemnification and Release
You agree to indemnify and hold harmless LP Wireless and its directors, officers, affiliates, employees, agents, suppliers, subcontractors, and vendors from any damages, losses, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever, sustained, incurred or required to be paid by LP Wireless by reason of or arising out of, directly or indirectly, your use of the Services, or the use of your Service account by another (whether or not authorized by you), including without limitation, any claim of libel, defamation, violation of rights of privacy or publicity. LP Wireless reserves the right to assume the exclusive defense and control of any such claim subject to indemnification, but, notwithstanding LP Wireless's control of the defense of such claim, you will remain obligated under this indemnity.
Disclaimer of Warranty
You acknowledge and agree that LP Wireless has not made, and does not make, any warranty or guarantee with respect to the Service, whether express or implied, and that the Service is offered to you "AS IS" and "AS AVAILABLE". Without limitation of the foregoing, LP Wireless makes no warranty that the Service (i) is merchantable, (ii) is fit for a particular purpose, (iii) is or will operate "error-free", or (iv) is noninfringing of the rights of any third party. You acknowledge and agree that LP Wireless cannot and does not guarantee (i) that the Service will be available at all times, (ii) that voice mail, fax mail or e-mail messages or other services will be delivered or received within a particular time, or will be transmitted accurately, (iii) that voice mail, fax mail or e-mail messages will be stored for any particular time, or (iv) that each and every country will be accessible through its access numbers. You acknowledge and agree (i) that LP Wireless cannot and does not guarantee, and assumes no liability for, the security or confidentiality of data transmitted to or from the Service, (ii) that no computer system is immune from intrusion, (iii) that data transmitted to or from the Service may pass through many computer systems, and (iv) even encrypted data is only as secure as the encryption method used to protect it and may not offer complete security.
Limitation of Liability
You agree that LP Wireless will not be liable or responsible for any direct, indirect, incidental, punitive, consequential, or special damages, losses, lost profits, obligations, liabilities, claims and expenses (including reasonable attorneys' fees and other costs and expenses of any suit, action, investigation, claim, or proceeding) of any kind whatsoever (whether based in contract, tort, strict liability or otherwise), sustained or incurred by you as a result of your use of the service or the use of your service account by another (whether or not authorized by you), including the loss, delay or inaccuracy of any voice mail, e-mail or other message or service, any loss of confidentiality of any voice mail, e-mail or other message intended to be confidential, or as a result of any suspension, interruption or cancellation of service (even if LP Wireless has been advised of the possibility of such damages). in no event will the aggregate liability of lp wireless for any and all claims (whether based in contract, tort, strict liability or otherwise), exceed the amount paid by you to LP Wireless for service rendered in the most recent billing period.
Cooperation with Law Enforcement Agencies and Others: Access by LP Wireless
You agree that LP Wireless may cooperate with law enforcement authorities and/or injured third parties in the investigation of any suspected crime or civil wrong attempted or perpetrated by using, or attempting to use, the Service. You agree that it may be necessary for LP Wireless to examine any and all portions of the Service and Service sites, including, without limitation, accessing your mailbox, to cooperate in such investigations and also to resolve system problems or mail system errors, and you hereby consent to such examination.
The trademarks, logos and service marks displayed on Service materials or any Service web sites are the property of LP Wireless, its affiliates and other parties. You agree that you may not use any such trademark, logo or service mark without the written permission of LP Wireless or such third party which may own them. You agree that the Service, and all programs, services, processes, technologies, designs, inventions, materials and software used by LP Wireless for or in connection with the Service are owned by and/or are proprietary to LP Wireless, and you agree not to duplicate, or attempt to duplicate, such Service, or provide any similar service, in whole or in part, directly or indirectly, alone or in cooperation with others; or to translate, reverse engineer, disassemble or decompile any software used or owned by LP Wireless for or in connection with the Services.
Compliance with Laws
Your Service account may only be used for lawful purposes. You agree that your access to and your use of your Service account is subject to all applicable federal, state and local laws and regulations. LP Wireless reserves the right to identify and restrict same or substantially similar electronic mail messages, whether or not commercial, to a large number of recipients (sometimes known as spamming). Because LP Wireless have no practical ability to restrict all conduct, communications or content which might violate these Terms and Conditions prior to its transmission on LP Wireless's systems, and because LP Wireless cannot ensure prompt removal of any such communications or content after transmission or posting, LP Wireless does not assume liability to you or others for any failure to enforce the terms of these Terms and Conditions.
Incorporation of Tariff
You acknowledge that LP Wireless's or network carriers may provide certain long distance and other telecommunications services to LP Wireless for use by you as a part of the Service. You agree that the terms and conditions (excluding rates and charges) of the applicable FCC Tariffs as modified from time to time are incorporated by reference and made a part of this Agreement. You agree to be bound to LP Wireless by the terms and conditions of the Carriers' Tariffs with respect to the Interexchange services portion of the Service.
Arbitration and Governing Law Between LP Wireless and You
Any dispute arising out of or related to these Terms and Conditions or the use of the Service by you (or by another person using your Service account, with or without your permission) shall be submitted to binding arbitration before the American Arbitration Association in Atlanta, Georgia. You agree that all arbitration proceedings shall be before one arbitrator in Atlanta, Georgia, and you waive any objections that might otherwise be available based on improper venue or forum non conveniens. Discovery appropriate to the dispute between the LP Wireless and you and the desire of the parties for a prompt and efficient resolution of the dispute will be permitted. These Terms and Conditions and applicable law will bind the arbitrator, and the decision of the arbitrator will be binding on LP Wireless and you. The arbitrator will have the power to award costs and expenses (including attorneys fees) to the prevailing party. The arbitrator's decision may be enforced in any court of competent jurisdiction. These Terms and Conditions shall be governed by the laws of Georgia applicable to agreements entered into and performed wholly in Georgia.