Terms and Conditions of Use

Effective Date: 12/20/2007

Website Terms and Conditions of Use

THIS WEB SITE IS OWNED AND OPERATED BY FIREFLY COMMUNICATIONS, INC. ("Firefly," "we," or "us"). PLEASE READ THESE TERMS AND CONDITIONS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR PERMITTING YOUR CHILD TO USE THIS SITE. Your use of this web site or other Internet services provided by Firefly Communications (the "Services") constitutes acceptance of these Terms. If you do not agree to these Terms, please do not use the Services. We reserve the right to change, add, or remove any of these Terms at any time by posting changes on this page. Your continued use of the Services following the posting of changes to these Terms means you accept such changes.

User Conduct

You expressly agree that you and/or your minor child will not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your user name, including the content of your transmissions through the Service. Any unauthorized commercial use of the Services, Fireflyf's servers, or Internet infrastructure, is expressly prohibited. Without Firefly Communications's prior written consent you may not reproduce, distribute, modify, display derivative works based on, repost, or otherwise use the content of this web site. Nothing contained herein shall be construed as conceding any license or right under any copyright or other intellectual property right.

Firefly Communications reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request.

Registration and Passwords

In order to use the Services, you may be required to register with us. By registering, you agree to provide accurate and complete information about yourself and to maintain and update the information. During the registration process, you may be asked to designate a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you.

Minors

You may not register on the site unless you are at least 13 years old. By registering on the site you are representing to us that you are at least 13 years old. If you are under 18, you should get your parent's permission before using the site.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to online material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.safetysurf.com, as well as at a number of other Internet sites that provide information on this type of protection.

Privacy Policy

All information that you submit to us is subject to our privacy policy. For more information, please read our full privacy policy.

Disclaimers/Limitation of Liability

Your use of the Services is at your risk. Neither Firefly Communications nor any other party involved in creating, producing, or delivering the Services is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the Services. The material contained in this web site may contain inaccuracies and errors. Firefly Communications does not guarantee that the functional aspects of the web site will be uninterrupted or error-free or that this web site or the server that provides it are free of viruses or other harmful components. Everything on the web site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Check your local laws for any such exclusions.

Firefly Communications also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the Services or your downloading of any materials, data, text, images, video, or audio from this web site.

Links

Firefly Communications has not reviewed all of the sites that you may link to from this web site. These sites may contain information or material that some people may find inappropriate or offensive. Firefly Communications does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. We offer these links to you only as a convenience, and inclusion of any link does not imply endorsement of the site.
Your dealings with third parties accessed through this site, including payment and delivery of goods or services offered by such third parties, are solely between you and such third parties. You agree that Firefly Communications is not responsible or liable for any loss or damage you incur as a result of your dealings with such third parties through this site.

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this web site are registered and unregistered trademarks of Firefly Communications and others. Your misuse of the Trademarks displayed on this web site is strictly prohibited. Nothing contained on this web site should be construed as granting any license or right to use any Trademark displayed on the site without the written permission of Firefly Communications or such third party that may own the Trademark.

Copyright

You should assume that all the material you see or read on this web site or download from our servers is protected by copyright unless otherwise stated and may only be used according to these terms and conditions. Any unauthorized use of such material may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes. Firefly Communications does not warrant or represent that your use of materials displayed on this web site will not infringe rights of third parties who are not owned or affiliated with Firefly Communications.

Procedure for Making Claims of Copyright Infringement

Firefly Communications respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify us by providing Firefly Communications's Copyright Agent with the following information:

• the electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
• a description of the location of the material that you claim is infringing;
• your name, address, telephone number, and email address; and
• a statement by you, made under penalty of perjury, that the above information is accurate and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

Firefly Communications's agent for notice of claims of copyright infringement is its Privacy Manager, who can be reached as follows:

By Mail:
Privacy Manager
Firefly Communications
1000 Town Center, Suite 2500
Southfield, MI 48075
By Email: privacymanager@fireflymobile.com

General

These terms and conditions constitute the entire agreement between you and Firefly Communications with respect to the Services, superceding any prior agreements between you and Firefly Communications. These terms and conditions are governed by the laws of the United States of America and the State of California without regard to conflicts of law provisions. If you use the Services from locations outside the U.S. you are responsible for compliance with local laws and regulations. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The failure of Firefly Communications to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Firefly Communications Service Terms & Conditions

If Firefly Communications is your wireless service provider, your service is bound by the Firefly Communications Service Terms & Conditions. Your use of network and airtime services provided by Firefly Communications (the "Services") constitutes acceptance of these Terms. If you do not agree to these Terms, please do not use the Services. We reserve the right to change, add, or remove any of these Terms at any time by posting changes on this page. Your continued use of the Services following the posting of changes to these Terms means you accept such changes.

Pricing

Inbound and outbound calls and text messages are charged at a per unit rate. Airtime usage is billed in full minute increments, rounded up to the next full minute. Additional charges may apply for international calls, calls and text messages originating and terminating outside your service area, and calls to special services (such as directory assistance, voicemail).

In some cases, a nominal Cost Recovery Fee may be deducted from your account on a monthly basis.

Firefly Communications reserves the right to change pricing plans at any time.

Account Expiration

Value deposited into your Firefly account(s) will expire, depending on the selected rate plan and refill options. Upon account expiration, you will have a 30 day grace period to refill your account before your Firefly phone number is cancelled. A service activation fee and new wireless phone number may be required to reactivate service.

Coverage

Coverage map depicts an approximation of outdoor coverage. Actual coverage area may differ substantially from area shown on map, and may be affected by terrain, weather, foliage, buildings and other construction, signal strength, customer equipment, and other factors. Map may include areas served by unaffiliated providers and may depict their licensed area rather than an approximation of their coverage. Firefly Communications does not guarantee coverage or network availability.

Refunds & Transfers

Values added to any Firefly account are not refundable, transferable, or exchangeable and have no surrender value.

Equipment Return Policy

Phone purchases made through www.fireflymobile.com can be returned within 30 days of purchase for a full refund so long as the phone is in its original condition and packaging. All items included with the phone, must accompany the phone upon return. Missing items will be deducted from any refunded value.

Any accessory item purchased through www.fireflymobile.com can be returned within 30 days of purchase for a full refund so long as the package has not been opened or damaged.

Firefly cannot accept phone or accessory returns after 30 days from date of purchase.

Purchases made from outside retail locations (any sales location other than www.fireflymobile.com) must be returned to the place of purchase, in accordance with the retailer’s/seller’s return/exchange policies.

Firefly One-Year Limited Warranty

Firefly Communications, Inc. ("Firefly") warrants that this cellular phone ("Product") will be free from defects in material and workmanship that result in Product failure during normal usage for ONE (1) YEAR from the date of purchase, according to the following terms and conditions:

1. The limited warranty extends only to the original purchaser ("You" or "Consumer") of the Product and may not be assigned or transferred to any subsequent purchaser or user. The limited warranty extends only to the Consumer who purchases the Product in the country for its intended sale.

2. Upon request from Firefly, You must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.

3. During the limited warranty period, Firefly will repair or replace the Product, as Firefly determines, if its limited warranty applies. Firefly will be responsible for parts and labor to repair or replace the Product or defective parts of the Product.

4. The limited warranty does NOT cover defects in appearance, cosmetic, decorative or structural items, including framing, and any parts that do not affect the Product functions.

5. You shall bear the cost of shipping the Product to Firefly or to Firefly's authorized return center. Firefly shall bear the cost of shipping the Product back to You after completion of service, provided that repairs were required to be performed under this limited warranty.

6. Firefly's limited warranty does NOT apply if any of the following circumstances occurs:

a. The Product has been subjected to abnormal use or conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repairs, misuse, neglect, abuse, accident, alteration, improper installation, or other acts that are not the fault of Firefly. This includes damage caused by shipping.

b. The Product has been damaged by external causes such as liquid, water, collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, or exposure to weather conditions; battery leakage; theft; blown fuse, electrical surge, or improper use of any electrical source; computer or Internet viruses, bugs, worms, Trojan Horses; or connection to products not recommended for interconnection by Firefly.

c. Defects or damages are caused by physical damage to the surface of the Product, including scratches or cracks in or to the outside housing or the LCD display.

d. The Product serial number has been removed, defaced, or altered.

e. The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception.

7. If damage or a defect develops during the limited warranty period, You must take the following step-by-step procedure:

a. Return the Product to the place of purchase for repair or replacement. You must copy to another device and delete from the Product any sensitive data that You have stored in the Product prior to sending the Product for repair or replacement.

b. If the Product is covered by Firefly's limited warranty, Firefly will return the repaired or replaced Product to You at Firefly's expense. You are responsible for any expenses related to reinstallation of the Product.

c. Firefly will repair or authorize the repair of the Product under the limited warranty within 30 days of receipt of the Product. If Firefly cannot perform repairs covered under this warranty within 30 days, Firefly will provide a replacement Product or refund the purchase price.

8. A repaired Product may consist of used components, some of which have been reprocessed. All used components comply with Product performance and reliability specifications.

9. Returning a Product for warranty repair or replacement will not extend the original warranty period.

10. Firefly's limit of liability under the warranty shall be the actual cash value of the Product at the time the Consumer returns the Product for repair. The cash value shall be determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Firefly shall not be liable for any other losses or damages.

11. The remedies set forth in this limited warranty are Your exclusive remedies for breach of warranty.

12. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL FIREFLY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, LOSS OF DATA, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FIREFLY KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. FIREFLY SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED OR FOR LOSS OF DATA STORED IN THE PRODUCT.

13. Disclaimers of implied warranties are not enforceable in some jurisdictions, and some jurisdictions do not allow limitation of how long an implied warranty lasts, so the one year warranty limitation may not apply to You. This limited warranty gives You specific legal rights and You may also have other rights that vary from jurisdiction to jurisdiction.

14. This limited warranty is the entire warranty between Firefly and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, and all communications relating to the Product. No representative of Firefly or any third party seller of Firefly PRODUCTS may modify these terms, either orally or in writing.

 

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