5 6
example, 976 and 900 numbers), certain websites, or certain messages, including
text, video, photo, and audio messages, in our sole discretion and to the extent
legally permitted. In addition, calls placed to services that, in our sole discretion, are
designed to facilitate trac stimulation, including but not limited to chat line facilities,
free conference calling services, call center operations and help desk provisioning, are
not included in our calling plans. If you would like to place calls to services of this nature,
we may oer an add-on calling feature for an additional monthly fee.
(b) Services are generally available within the operating range of our wireless system in
your service area. Your service area is the area depicted in the coverage brochure you
received with this Agreement or that is posted on our ocial website (www.mycricket.
com) and may change from time to time. Coverage maps only approximate our
anticipated wireless coverage area outdoors; actual Service area, coverage and quality
may vary and change without notice depending on a variety of factors including but
not limited to network capacity, location, nearby buildings (and other structures), your
wireless device, terrain and weather. Outages and interruptions in Service may occur,
and speed of Service varies. You agree we are not liable for problems relating to Service
availability or quality. Except for 911 calls and any “roaming” service to which you have
subscribed, you will not be able to use your wireless device outside of your service area
for any calls (including local and long distance) or any other service features. As a result,
sometimes Service, including calls or attempted calls to emergency services like 9-1-1
calls, may be interrupted or fail, and/or the quality of calls may be poor.
(c) Any statements by Cricket, its employees, representatives or agents about the
coverage of our wireless system are only intended to describe Cricket’s approximate
coverage in your service area. You should not interpret any such statement to mean
that Service will be available under all circumstances, at all times, or without interruption
in your service area.
(d) YOU AGREE TO HOLD CRICKET, ITS EMPLOYEES AND AGENTS HARMLESS
AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS (INCLUDING ACTIONS BY
THIRD PARTIES OR THOSE WHO USE YOUR PHONE) ARISING OUT OF YOUR OR
ANOTHER PERSON’S USE OR ATTEMPTED USE OF THE SERVICE.
3. Privacy. Our privacy policy describes our privacy practices. The policy, as amended
from time to time, can be found at our ocial web site (www.mycricket.com).
4. Rate Plan.
(a) We determine what types of Service and rate plans or service packages (collectively
“Rate Plans”) we oer to you. We may oer dierent Services and dierent Rate Plan(s)
to dierent people and entities, in dierent geographic locations at dierent times.
Services oered under some Rate Plans may be more limited than those oered under
other Rate Plans. The Services and Rate Plan you select determine the charges and
fees you have to pay for Services. The Rate Plan you select will be your Rate Plan until
that Rate Plan is modified, you switch to a dierent Rate Plan (if we oer other Rate
Plans to you), you cancel your Service, or your Service is terminated. If we make more
than one Rate Plan available to you, you may change to another Rate Plan, but you
may be required to pay us a Rate Plan change fee or other fee(s). Rate plan changes
may not be eective immediately. ALTHOUGH YOUR RATE PLAN, FEATURE AND
PROMOTION DESCRIPTIONS ARE IN SEPARATE DOCUMENTS, THEY ARE PART
OF THIS AGREEMENT.
(b) If you take advantage of certain promotions or rebate oers (instant or otherwise),
you may be required to select a particular Rate Plan or Service(s) for a certain period of
time, or payment options to be eligible. Alternatively, you may be required to reimburse
Cricket for such promotional oers if you fail to meet the commitments or restrictions
applicable to such oers. Cricket may elect to collect the promotional or rebate benefit
in any legal manner it elects.
5. Changes to Agreement or Rate Plan. We may change this Agreement, your Rate
Plan, any fee for prepaid service, upgrade, enhancement, Regulatory Recovery Fee
(see 9(c) below) and any applicable surcharge, tari and tax at any time. Any changes
to this Agreement are eective when we publish the revised terms and conditions or
otherwise give you notice of such changes.
6. Safe Use and Important Emergency 9-1-1 Information.
(a) Always use your wireless device in a safe manner that does not create a risk to your
safety or the safety of others around you. For example, it can be dangerous for you to
engage in stressful or emotional conversations on your wireless device, send or receive
text messages or otherwise become distracted while driving. Be aware of and comply
with the laws that apply to you when you are driving. When possible, use a device that
allows you to talk on your phone without holding it when you are driving.
(b) When making a 9-1-1 call, always state the nature of your emergency and provide
both your location and phone number, as the operator may not automatically receive
this information. Cricket is not responsible for failures to connect or complete 9-1-1 calls
or if inaccurate location information is provided. 9-1-1 service may not be available or
reliable and your ability to receive emergency services may be impeded. We may use
a variety of information and methods to determine the location of a 9-1-1 call, including
Global Positioning Satellites, our wireless network, or the street address you have
provided us as your primary use location. Even with this information, an emergency
operator may not be able to locate you in order to provide emergency services. Other
third party entities are involved in connecting a 9-1-1 call and Cricket does not determine
the public safety agency to which your 9-1-1 call is routed. If you are porting a phone
number to or from us, we may not be able to provide you with some Services, such
as 9-1-1 location services, while the port is being implemented. If you dial 9-1-1 while
outside the U.S., 9-1-1 services may not be available.
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