I. Terms and Conditions
Please read these Terms and Conditions carefully before using this website. By using this website, you agree to these Terms and Conditions and signify that you have read them fully. If you do not wish to abide by the Terms and Conditions for this website, located at http://www.bluegrasscellular.com, and its features including but not limited to the store, account services, and the SMS Web Portal (the “Website”), you must discontinue viewing, reading and/or using the Website immediately. If you violate any of these Terms and Conditions, your permission to use the Website automatically terminates. Nothing in these Terms and Conditions supersedes or alters a subscriber’s obligations or rights as set forth in his or her Terms and Conditions of Service associated with any product or service provided by Bluegrass Cellular®.
Bluegrass Cellular reserves the right to revise these Terms and Conditions at any time. Posting the revised Terms and Conditions on the Website constitutes notice to you. By using the Website subsequent to any revision of these Terms and Conditions, you agree to be bound by the revised Terms and Conditions.
II. Use of the Website
You agree not to use the Website, including the SMS Web Portal, for any action or communication that is unlawful, prohibited by these Terms and Conditions, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of Bluegrass Cellular. You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use. You agree not to alter or modify, or attempt to alter or modify, any part of the Website.
You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website or of Bluegrass Cellular’s subscribers. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
III. User Submissions to the Website
Any communication which you post or submit to the Website is considered to be non-confidential and in the public domain. By posting communications to the Website, you automatically grant Bluegrass Cellular a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
IV. User Accounts and Security
As a user of the Website, you may receive or establish an account in order to place orders, view picture scrapbooks, send SMS text messages, or take other actions available to account holders (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Bluegrass Cellular of any unauthorized use of your Account or any other breach of security. Bluegrass Cellular shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including but not limited to legal and accounting fees, arising out of the authorized or unauthorized use of your Account.
V. Agreement to Payments and Termination
You agree to pay for all products and services you purchase through the Website. I understand that a late payment charge of 1.5% per month may be applied to any overdue balance and that I will be responsible for collection fees, court costs and reasonable attorney fees in the event I default. If I pay off early, I will not have to pay a penalty and may not be entitled to a refund of part of the finance charge. If I am a “No Term Commitment” Customer, I am aware that if my automatic payments fail for any reason or if I stop receiving wireless service from Bluegrass Cellular for any reason before I have fully paid for my device, the full amount that I owe for the device may become due immediately. If I am a “24- or 36-Month” Customer, I am aware that: (i) the activation and upgrade fee(s); (ii) the $150 early termination fee for feature phone and wireless internet services, pro-rated by $4 per completed month of the plan; and (iii) the $325 early termination fee for smartphone services, pro-rated by $10 per completed month of the plan. I UNDERSTAND THAT IF I HAVE SET UP AUTOMATIC PAYMENTS WITH BLUEGRASS CELLULAR, I AM AUTHORIZING BLUEGRASS CELLULAR TO AUTOMATICALLY WITHDRAW ALL PAYMENTS, INCLUDING ALL DEPOSITS, FEES, TERMINATION FEES, DEVICE PAYMENTS, PENALTIES, AND FINANCE CHARGES, FROM THE IDENTIFIED ACCOUNT(S).
If you fail, or if Bluegrass Cellular suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to make payment of fees due, failure to provide accurate and complete registration data, failure to safeguard your Account information, violation of these Terms and Conditions, or infringement or other violation of third parties’ rights, Bluegrass Cellular, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user’s access to the Website (or any part thereof).
Bluegrass Cellular reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Bluegrass Cellular will not be liable to you or to any third party should it exercise such rights.
VI. Right To Change Prices and Availability Of Products and Promtions
Promotions, including promotional pricing, are governed by separate promo restrictions. In the event of conflict or inconsistency between provisions of this Agreement and applicable promo restrictions, the terms of the promo restrictions shall prevail. Bluegrass Cellular does not guarantee the ongoing availability of promos or promo pricing, nor does it guarantee Customer’s ongoing eligibility for any particular promo.
VII. Electronic Signatures and Contracts
Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
VIII. Limit on Liability
The material on the Website may contain inaccuracies or typographical or other errors. Bluegrass Cellular makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website. Use of the Website and any information contained therein is at your own risk. The content of the Website may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.
BLUEGRASS CELLULAR DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, BLUEGRASS CELLULAR IS NOT RESPONSIBLE FOR THOSE COSTS.
The Website and its content are delivered on an “as-is” basis. BLUEGRASS CELLULAR reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.
BLUEGRASS CELLULAR disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. By use of the Website, you agree that BLUEGRASS CELLULAR will not be liable for any modification, suspension or discontinuance of the Website or of any content, feature or service offered through the Website.
BLUEGRASS CELLULAR MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THIS WEBSITE WILL NOT ALSO INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED BY NOR AFFILIATED WITH BLUEGRASS CELLULAR.
Typographical Errors Disclaimer and Limitation of Liability. In the event a Bluegrass Cellular product or service is listed at an incorrect price due to typographical errors or errors in pricing information received from our suppliers, Bluegrass Cellular shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Bluegrass Cellular shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
IX. DISCLAIMER OF DAMAGES
In no event shall BLUEGRASS CELLULAR, its officers, directors, employees, agents or its affiliates be liable to you for any direct, indirect, incidental, special, punitive or consequential damages. You agree that there is no such liability even in the event that BLUEGRASS CELLULAR is notified beforehand of the possibility of damages. You agree that the liability, if any, of BLUEGRASS CELLULAR, its officers, directors, employees, agents or its affiliates arising out of any legal claim connected to the Website is limited to the amount you paid BLUEGRASS CELLULAR to use the Website or its services.
Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.
You agree to indemnify, defend and hold harmless Bluegrass Cellular, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of these Terms and Conditions.
XI. Copyrights and Trademarks
The Website and its contents are intended for your personal use. The Website contains copyrighted material, which may include, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, music, and sound. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from, or in any way exploit any of the Website content.
BLUEGRASS CELLULAR and the Bluegrass Cellular logo are trademarks of Bluegrass Cellular. YOU ARE PROHIBITED FROM MAKING ANY USE OF BLUEGRASS CELLULAR’S LOGO OR TRADEMARKS.
The use of the copyrighted and trademarked material on the Website by you, or anyone else authorized by you, is strictly prohibited.
XII. Notices And Procedures For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Bluegrass Cellular respects the intellectual property of others and we ask you to do the same. Bluegrass Cellular will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Bluegrass Cellular will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bluegrass Cellular the following information. Please be advised that to be effective, the Notification must include ALL of the following:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that it is allegedly infringed;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and email address and all other information reasonable sufficient to permit Bluegrass Cellular to contact you;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices Should Be Directed To:
Director of Customer Support
PO Box 5012
XIV. Third Party Websites
The Website may contain links to other independent third-party websites. These third-party websites are provided solely as a convenience to the users. Such third-party websites are not under Bluegrass Cellular’s control, and Bluegrass Cellular is not responsible for and does not endorse the content of those sites, including any information or materials contained on those sites. If you decide to access these third-party websites, you do so at your own risk.
Bluegrass Cellular shall not be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites linked from this website. Bluegrass Cellular does not in any way guarantee the performance of any third party under any contract. You hereby release Bluegrass Cellular and its employees, officers, directors, agents and affiliates from any damages that you incur, and agree not to assert any claims against Bluegrass Cellular, arising from your use of these third-party products or services, or the breach of any third-party contract.
XV. Governing Laws
Any disputes arising out of or related to the use of the Website or these Terms and Conditions will be governed by the law of the Commonwealth of Kentucky.
XVI. Dispute Resolution
Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
XVII. Certain Disclosures
Rates quoted are per month. Data is required on all smartphones. Note: Pro-rated amount and monthly charge appear on first bill. Customer understands and agrees that airtime usage charges are billed in full minute increments, data usage charges are billed in megabytes and gigabytes, and that roaming/nationwide and long distance charges may not appear on the customer’s bill until later billing cycles.
XVIII. Customer Credit Check Authorization
The Customer authorizes his/her bank or any credit reporting agency to release information regarding the Customer to Bluegrass Cellular. The Customer acknowledges that Bluegrass Cellular intends to use the information for permissible reasons under the Fair Credit Report Act (15 U.S.C § 1681, et seq.) and this authorization specifically permits Bluegrass Cellular to obtain information from the Customer’s bank or any credit reporting agency pursuant to the Fair Credit Reporting Act. Customer understands that Bluegrass Cellular may limit or alter the services and/or products made available to Customer based on Bluegrass Cellular’s applicable credit requirements, established by Bluegrass Cellular at its sole discretion.
I hereby certify that all the information provided is accurate to the best of my knowledge. I acknowledge that this agreement is subject to automatic renewal on the terms, conditions and rates then in effect unless I terminate the agreement, in writing. I acknowledge that a facsimile copy of this document is legally binding. IF APPLICABLE: iPhone Terms and Conditions: Use of iPhone constitutes acceptance of iPhone terms and conditions (including third party terms and conditions) found in the iPhone box. If you disagree with these, you can return the phone in accordance with the Bluegrass Cellular return policy.
I will be personally responsible for payment of all charges on this account.
My company will be responsible for payment of all charges on this account. I am acting with the apparent and actual authority of my company, and am duly authorized to sign this document on its behalf.
I agree with and to all the facts, terms, and conditions and set forth above. I also agree with and to the Cellular Data Terms and Conditions of Service, which are incorporated by reference as if fully set forth herein, including, without limitation, all terms and conditions relating to PRICE, LIMITATIONS OF LIABILITY, AND DISCLAIMERS OF WARRANTY.
XX. Contact/Address for Legal Notice
All questions, comments and legal notices should be submitted to:
2902 Ring Rd.
Elizabethtown, KY 42701