These Cellular Terms and Conditions of Service, which are incorporated by reference in the Customer Service Agreement and/or Service Adjustment Agreement (“Agreement”) between the individual or organization (“Customer”) identified in the Agreement and Bluegrass Cellular Inc. (“Bluegrass Cellular”) for and on behalf of the cellular network operator (“licensee”) licensed by the Federal Communications Commission to serve Customer’s primary service area, govern Customer’s use of Bluegrass Cellular cellular telephone and related wireless services. Depending on Customer’s primary service area, the Parties to the Agreement are the Customer and Kentucky RSA #3 Cellular General Partnership (d/b/a Bluegrass Cellular), Kentucky RSA #4 Cellular General Partnership (d/b/a Bluegrass Cellular), Cumberland Cellular Partnership (d/b/a Bluegrass Cellular), or Bluegrass Wireless, LLC (d/b/a Bluegrass Cellular). Bluegrass Cellular may be contacted at: PO Box 5012, Elizabethtown, KY 42702, or by telephone at 270-769-0339 or 800-928-2355. Customer represents that he/she is legally competent to enter into the Agreement, that he/she is over 18 years old, and that he/she is not aware of any disability that would prevent him/her from entering into the Agreement. In order to comply with the Children’s Online Privacy Act, Customer agrees not to permit children under the age of 13 to use services.
A. Bluegrass Cellular will provide Customer access to wireless services within the area effectively served by the licensee. The area effectively served is subject to transmission limitations caused by atmospheric and natural or artificial conditions and conditions generally beyond the control of Bluegrass Cellular, including the type and condition of Customer’s wireless equipment. B. Bluegrass Cellular requires the use of wireless equipment approved by Bluegrass Cellular or an Authorized Representative of Bluegrass Cellular to ensure that the equipment is fully compatible with the network and technology of Bluegrass Cellular. To be eligible to receive service from Bluegrass Cellular, the end user or Customer or both, must have their principal residence or principal place of business, as appropriate, of which there may be only one, within Bluegrass Cellular’s service territory and Bluegrass Cellular shall have the sole discretion and judgment to determine both who is the end user or Customer or both, and what is the principal residence or principal place of business, as appropriate, of each. C. Bluegrass Cellular prohibits any use of any of its network or services, or any associated Third Party Service, in a manner that Bluegrass Cellular, in its sole and absolute discretion, determines (i) is or will damage, interfere, interrupt, or negatively affect Bluegrass Cellular’s network or services or other networks, or others’ use of those resources, or (ii) is or will harm Bluegrass Cellular or a third party. Such circumstances include without limitation any use of Bluegrass Cellular’s network or services, including any Third Party Service: (iii) for any abusive, fraudulent, or unlawful purpose or in violation of any applicable law or agreement; (iv) to resell, lease, license, assign, allow access, or redistribute any Bluegrass Cellular services, in whole or in part, to any third party; (v) to establish any server inconsistent with residential use, including without limitation web, FTP, file, or game servers, or to run any other server applications; (vi) for any communication that consists of or includes malware, viruses, or distributed denial of service (DDOS) attacks; (vii) to transmit unsolicited bulk or commercial messages, commonly known as “spam”; and (viii) to use or distribute any material in a manner that is abusive or that violates a third party’s actual or claimed rights, including without limitation copyright, trademark, patent, trade secret, privacy, publicity, and other intellectual property or related rights. Bluegrass Cellular reserves the right at its sole discretion to immediately restrict, suspend, or terminate Customer’s services, in whole or in part and without notice, in the event of any such prohibited use. Customer is solely responsible for any use or misuse of Bluegrass Cellular’s network or services through Customer’s account, wireless equipment, or network, whether or not such activities or actions were authorized by Customer. D. Customer hereby acknowledges that all data and internet services are subject to, and hereby agrees to comply in all respects with the service limitations set forth in, Bluegrass Cellular’s Internet Service Policies and Disclosures, at bluegrasscellular.com/support/legal, which is hereby incorporated into this Agreement by reference. Customer understands that violating that policy can result in reduced data speeds, service suspension, or service termination. For “Overage Protection,” “Essential,” “Unlimited,” and “Unlimited Advantage” service plan subscribers: data speeds will be reduced pursuant to the Internet Service Policies and Disclosures for all data usage above the data allotment associated with Customer’s plan. E. Customers who select the static IP address option (“Static IP”) may use the Static IP to host devices, applications, servers, or remote networks, provided that use of the Static IP complies with these terms and conditions. The Static IP is limited to use with a single device or network. Customer is solely responsible for providing equipment and devices compatible with the Static IP. If Customer violates any of these restrictions, Bluegrass Cellular reserves the right to immediately terminate Customer’s use of the Static IP without advance notice. The Static IP is provided on a month-to-month basis and may be cancelled by either party for convenience upon thirty (30) days written notice to the other party. F. Cellular Services - 3G/4G data is available on select devices only. Certain applications and features may not be available while using 3G/4G Data. Wireless services do not include use of 1-900 numbers, international or credit card calls. Nationwide/Roaming rates not available if equipment is used outside of the United States. Customers with voice plans that do not include unlimited minutes may use no more than 1000 minutes of airtime during any single billing cycle outside the service territory of Bluegrass Cellular; otherwise, Bluegrass Cellular may, immediately and without notice to Customer, limit the Customer’s airtime, change the Customer over to another price plan of Bluegrass Cellular, then in effect, or terminate the Customer’s voice services. In the event of excessive usage of voice services by Customer, as determined by Bluegrass Cellular in its sole and absolute discretion and judgment. Bluegrass Cellular may, immediately and without notice to the Customer, change the Customer over to another price plan for voice services, then in effect, or terminate the Customer’s voice services. G. Home Internet Services - Bluegrass Cellular home internet services are provided for personal, family, and residential use only, within a single household. Customer agrees that only Customer and its authorized guests in the same household will use the home internet services. Bluegrass Cellular home internet services can be used for limited commercial purposes only if Bluegrass Cellular has been notified of and authorized such use.
System access will be provided by means of a ten (10) digit telephone number. Bluegrass Cellular and the network service provider reserve the right to change any or all such numbers on not less than ten (10) days notice. Customer has no property right in the telephone number.
At Bluegrass Cellular’s sole option, Customer may receive service prior to the completion of a credit check. Bluegrass Cellular reserves the right to require Customer to make a deposit at any time for the initiation, continuation, or restoration of service.
Customer shall pay to Bluegrass Cellular the charges set forth in the Agreement for the plans and/or features selected, device and data usage fees appropriate for the rate plan(s) selected, overage charges, toll charges, nationwide/roaming charges, applicable taxes, and line item fees. Customer may be required to pay a $25 per-line activation fee upon the initiation of each new service line. Customer may also be required to pay a $25 fee upon the reactivation of an existing device or the purchase of a new device using a special purchasing option (either financed or subsidized). Cellular plans are subject to plan charge and access fees as follows: 3GB: Pricing per line includes $20 monthly access fee, applicable regardless of the device associated with the line (including smart phones, MiFi, tablets, and feature phones) plus $10/wearable device. Essential Pricing per line includes $40 monthly plan charge and reflects $30 device access fee. Actual device access fees apply as follows: $30/phone, $20/advanced connected device, $10/basic connected device. Unlimited: Pricing per line includes $40 monthly plan charge and reflects $40 device access fee. Actual device access fees apply as follows: $40 phone, $20/advanced connected device, $10/basic connected device. Unlimited Advantage: Pricing per line includes $40 monthly plan charge and reflects $45 device access fee. Actual device access fees apply as follows: $45 phone, $20/advanced connected device, $10/basic connected device. Feature: Pricing per line includes $25 monthly plan charge. 24/36-month Contract: Access by customers using a smart phone obtained under a 24/36-Month Contract requires an additional $20 per line monthly access fee, unless Customer already completed the entire term of that contract. For the purposes of these Terms, “advanced connected device” includes tablets, connected car devices, and Arlo cameras, and “basic connected device” includes Spartan cameras and wearables. B. “Essential,” “Unlimited,” and “Unlimited Advantage” customers who set up automatic payments with Bluegrass Cellular will receive a $5 per line discount. Such customers will receive an additional $5 per line discount if they agree to receive paperless billing. “3GB” cellular customers who set up automatic payments with Bluegrass Cellular and who agree to receive paperless billing will receive a $5 per line discount (up to 10 lines for $50 total discount). C. Customer agrees that any charges incurred by Customer as a result of a third-party’s use of or access to Customer’s wireless equipment or wireless network are the responsibility of Customer and shall be paid by Customer. Rates and charges, other than the discounted contract rate referenced in paragraphs 8(B), may be modified from time to time by Bluegrass Cellular if deemed necessary by Bluegrass Cellular in its sole and absolute discretion to comply with regulatory requirements or other compliance mandates. Bluegrass Cellular will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates, or compliance fees) either in your monthly bill or separately.
A. Customer shall be invoiced on a monthly basis. Payment shall be due within fifteen (15) days after the invoice date. All amounts due, including disputed amounts, must be paid in full by the due date. B. If Customer has set up automatic payments with Bluegrass Cellular, Customer acknowledges and agrees that Bluegrass Cellular is authorized to automatically withdraw all owed payments, including all deposits, fees, termination fees, device payments, penalties, and finance charges, from the identified account(s). Customer shall be solely responsible for ensuring that all financial, banking, and automatic payment information remains accurate and up-to-date. C. Notice of any disputes must be in writing and received by us at our address within forty-five (45) days after receipt of invoice or Customer will waive any objection. Payment will be deemed made when received by Bluegrass Cellular. Late payments shall be subject to the maximum late payment charge permitted by law. If timely payment is not received in the full amount of the invoice, Bluegrass Cellular may, at its sole option and without limiting any remedy under the law, disconnect Customer from service. Customer may then be required to pay a reconnection charge for service restoration. Customer shall be liable to Bluegrass Cellular for any and all costs and fees, including collection and actual attorneys’ fees, associated with the collection of service charges from Customer.
If Customer finances wireless equipment, Customer is subject to the following terms. A. Qualifying - A Customer that does not have an “A-level” credit rating, as defined by Bluegrass Cellular at its sole discretion, shall pay an additional $2.50 monthly finance charge per financed device. B. Equipment Payments – Customer shall, in addition to all monthly service charges, pay the full cost of the wireless equipment identified in the Agreement over the course of the 24-month payment period (“Payment Period”) by making monthly payments in an amount equal to 1/24 of the full price of the wireless equipment. At any time after Customer’s first monthly device payment, Customer may elect to pay the full remaining cost of the wireless equipment identified in the Agreement. C. Automatic Payments - Customer will, at Bluegrass Cellular’s sole discretion, set up automatic payments for the full financed monthly cost of Customer’s device(s) and service plan(s) if Customer purchases a wireless device pursuant to a finance plan and: (i) the financing occurs at the time of service initiation; or (ii) Bluegrass Cellular determines Customer’s payment history in the most recent six months is not acceptable. Customer shall be solely responsible for ensuring that all financial, banking, and automatic payment information remains accurate and up-to-date for the entire duration of time Customer owes Bluegrass Cellular any payments, including after the termination or expiration of the Agreement. Bluegrass Cellular shall notify Customer if at any time Customer’s automatic payment fails for any reason or is no longer in place. At Bluegrass Cellular’s sole discretion, if Customer fails to reestablish automatic payment within five days of Bluegrass Cellular sending such notification, Bluegrass Cellular may immediately suspend or terminate Customer’s wireless service. D. Upgrades – If Customer makes all payments in accordance with these terms for 12 consecutive months, Customer may be eligible to exchange his or her eligible wireless equipment, as further described below, for new wireless equipment offered for sale by Bluegrass Cellular at the time of the exchange. In order to be eligible for the exchange, Customer’s wireless equipment must be in good working condition, as determined by Bluegrass Cellular at its sole discretion, and Customer must be a current Bluegrass Cellular subscriber at the time of the exchange. If Customer elects to exchange his or her wireless device, Customer shall not be obligated to make any further payments for the returned equipment. After the exchange, Customer shall pay the full cost of the new wireless equipment over a new payment period, as well as any necessary finance charge, in accordance with the terms above. The following wireless equipment is eligible for exchange as set forth above: (a) feature phones; (b) smart phones; and (c) wearable devices, at Bluegrass Cellular's sole judgement and discretion; and (d) tablets purchased prior to 7/1/14 that are not subject to a Service Adjustment Agreement signed after that date. Tablets purchased after 7/1/14 or which are subject to a Service Adjustment Agreement signed after that date are not eligible for exchange. E. Completed Payments – Upon Customer’s paying, by any method set forth above, the full cost of the wireless equipment identified on the Customer Agreement: (a) Customer shall no longer be obligated to pay a monthly device payment for that wireless equipment; (b) Customer shall no longer be obligated to pay any monthly finance charge that would have been associated with that monthly device payment; (c) Customer shall remain solely responsible for paying all monthly service charges related to Customer’s use of Bluegrass Cellular wireless services; (d) at Bluegrass Cellular's sole judgement and discretion, Customer may be eligible to trade in a wireless device paid for in this manner in exchange for a trade-in credit, the value of which will be determined by Bluegrass Cellular in its sole judgment and discretion; and (e) Customer may choose to finance a new wireless device pursuant to the terms set forth above. F. Limitations – Bluegrass Cellular may limit the number of financed devices per line and per account based on its sole judgement and discretion, and based in part on its evaluation of Customer's credit rating.
A. Except as set forth in 8(B), Customer shall receive wireless service on a month-to-month basis until terminated pursuant to Section 10. B. For Customers receiving service under a 24/36-Month Contract: In consideration for the Customer’s agreement to retain service from Bluegrass Cellular for a minimum term of twenty-four (24) or thirty-six (36) months (as set forth in the Agreement), Customer shall receive the discounted contract rate. After the completion of the initial term, Customer shall receive wireless service on a month-to-month basis until a Service Adjustment pursuant to Section 9 or a termination pursuant to Section 10. For Customers that wish to renew a 24/36-Month Contract for an additional 24/36-Month term: unless Bluegrass Cellular permits early renewal, in its sole discretion, the renewal term does not begin until the end of the existing 24- or 36-month contract term. Early renewal does not affect the duration of the existing contract term. C. Service provided on a month-to-month basis shall be provided on the terms, conditions, and rates then in effect for that service plan. Bluegrass Cellular may, at its sole discretion, modify rates and charges effective immediately upon any renewal of the Agreement, including if the renewal is automatic.
Customer may modify the wireless rates and charges applicable to the Customer’s wireless service, finance a new device through Freedom, Expanded, or activate a new device on an existing line of service (each, a “Service Adjustment”) by executing a new Customer Service Agreement or Service Adjustment Agreement, or when a wearable device is activated through a wireless device associated with Customer's account. All Service Adjustments shall be subject to the following restrictions: (1) Not available to customers whose bill is not current. (Payment history will be considered). (2) Customer must choose a service plan available to new customers at the time of Service Adjustment, and they must meet all requirements of the chosen service plan (3) Customer in 24/36 month contract may be subject to early termination charges as set forth in 10(C) if Customer downgrades plan.
A. Service Cancellation - In the event Customer cancels a request for wireless service before equipment installation and network connections are completed, Customer shall be liable to Bluegrass Cellular or its agent for all labor costs associated with the installation of Customer’s access equipment and network connections, removal of Customer’s access equipment and network disconnections. If a deposit is required of Customer, all such costs and charges shall be deducted before any credit is issued to Customer. If at any time within forty-five (45) days after wireless service is established Customer terminates the Agreement, Customer will forfeit any deposit tendered by Customer to Bluegrass Cellular or its agents to secure wireless service as a setoff against the cost of service establishment. B. Except as set forth in 10(C), either party may terminate the Agreement for any reason upon giving notice to the other party. Termination by Customer must be made in writing to Bluegrass Cellular, effective on the date of receipt, unless a later date is specified in the notice. In the event Bluegrass Cellular is unable to locate Customer, notice to Customer will be deemed given on the date of mailing to Customer’s last known address. Customer acknowledges that any applicable Payment Period set forth in Section 7 is in place only while Customer is a paying subscriber of Bluegrass Cellular services. If Customer stops receiving wireless service from Bluegrass Cellular at any point for any reason during the Payment Period, the full balance owed for Customer’s wireless equipment shall become due immediately. C. For Customers receiving service under a 24/36-Month Contract: Customer acknowledges that the 24/36-month contract option provides a discounted rate and that early termination of the contract will result in financial damage to Bluegrass Cellular which would be difficult to calculate. In the event of early termination for any reason, Customer shall be liable to Bluegrass Cellular for: (i) the activation and renewal fee(s); (ii) the $150 early termination fee for feature phone, mobile broadband, and wireless broadband 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. D. In addition to and not in lieu of all remedies and all the damages provided for by this paragraph and by law, Bluegrass Cellular shall in no event be obligated to terminate any service plan earlier than thirty (30) calendar days following Customer’s request for such termination in writing. Bluegrass Cellular may, at its sole discretion, terminate the Agreement and wireless service at the end of any contract term without notice.
In connection with Customer’s use of the wireless services, Customer may access services, software, and applications (“Third Party Services”) provided by third parties (“Third Party Suppliers”). Third Party Services may be subject to separate terms of service agreements (“Third Party Agreements”), and Customer hereby agrees to abide by any such agreements as a condition of Customer’s access to and use of Third Party Services. Except as provided in a Third Party Agreement, Third Party Suppliers: (i) make no warranties, either express or implied, concerning the Third Party Services; and (ii) shall not be liable to Customer for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of business or business opportunity, or loss of use. In the event a Third Party Supplier licenses the Third Party Services directly to Bluegrass Cellular, such Third Party Supplier is a third party beneficiary of the above terms and is entitled to enforce them as if it were a party to this Agreement.
Customer shall fully indemnify, release, and hold Bluegrass Cellular harmless from any and all losses, costs, liabilities, claims, injuries, damages, or expenses to Customer or any third party arising from or related to: (i) Customer’s breach of this Agreement or any Third Party Agreement; (ii) any Third Party Service; (iii) interruptions caused by failure of equipment or services not provided by Bluegrass Cellular; (iv) failure of communications, power outages, or other interruption not within the complete control of Bluegrass Cellular; (v) performance deficiencies caused or created by Customer’s equipment or Customer’s configuration of equipment; (vi) any third-party’s use of or access to Customer’s wireless equipment, Bluegrass Cellular account, or wireless network; and (vii) changes in operation, procedures, or services that require modification of alteration of Customer’s equipment, render the same obsolete or otherwise affect its performance. Customer is solely responsible for securing and protecting Customer’s network, wireless equipment, and any data stored therein, including as necessary to avoid abuse of Bluegrass Cellular’s network or services. Bluegrass Cellular’s performance under the Agreement shall be excused by labor difficulties, governmental orders, civil commotions, acts of God, or other conditions or circumstances beyond its reasonable control. Bluegrass Cellular shall not be liable to Customer if changes in operation, procedures, or services require modification or alteration of Customer’s equipment, render the same obsolete or otherwise affect its performance. There shall be no credits, reductions, or setoff against the charges for service for downtime or interruption of service unless such service interruption exceeds twenty-four (24) hours in duration. Bluegrass Cellular shall provide Customer with a credit equal to 1/30 of the recurring monthly charge for service for each twenty-four (24) hour period from the time of notice of interruption until service restoration provided Customer immediately notifies Bluegrass Cellular of the service interruptions. IN NO EVENT SHALL BLUEGRASS CELLULAR BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, AND LOSS OF DATA ARISING FROM OR RELATED TO BLUEGRASS CELLULAR’S SERVICES. BLUEGRASS CELLULAR MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICES OR ANY THIRD PARTY SERVICES AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OF PURPOSE. THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.
The Agreement shall at all times be subject to change or modification required by the regulatory authority of the state in which service is provided, the Federal Communications Commission, or any other authorized governmental body and is specifically subject to any tariffs on file with the state regulatory authority.
In the event that the Agreement is not executed by Customer, acceptance of service shall obligate Customer to the terms and conditions set forth herein. Customer may accept service in writing, orally, electronically, by activating a wireless device, by opening a package that indicates you accept service by opening it, or by using Bluegrass Cellular’s wireless service.
Failure of either party to the Agreement to enforce any right shall not constitute a waiver of such right or of any other right, whether of a similar or dissimilar nature, and shall not prohibit the exercise of the same right at a future date.
The Terms and Conditions set forth in the Agreement supersede any others, including prior or contemporaneous representations of sales representatives or the personnel of Bluegrass Cellular whether oral or written. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
For value received, Customer hereby sells, assigns, transfers and grants a security interest to Bluegrass Cellular in and to the wireless equipment or device whose electronic serial number or mobile equipment identifier is identified in the Agreement. This Security Agreement is made as collateral security for all liabilities and obligations of all kinds of Customer to Bluegrass Cellular, whether created directly or acquired by Bluegrass Cellular by assignment or otherwise, whether now existing or hereafter acquired, absolute or contingent, joint or several, due or to become due.
Equipment Protection (EP) is an optional program provided by American Bankers Insurance Company of Florida and Federal Warranty Service Corporation that replaces your wireless device in the event of mechanical or electrical breakdown, after the manufacturer’s warranty expires, accidental damage (including liquid damage), loss or theft. For smartphones and tablets, the monthly charge per device is $9.99 for Preferred Plans. Standard Plans are also available for $7.99. For feature phones or data connect devices, the monthly charge per device is $6.99. Premier Protection is an optional program provided by American Security Insurance Company that replaces your device* in the event of catastrophic damage, loss or theft. The monthly charge per device is $5.99. Complete Protection is an optional program provided by American Bankers Insurance Company of Florida and Federal Warranty Service Corporation, that replaces your device* in the event of mechanical or electrical breakdown after the manufacturer’s warranty expires, accidental damage (including liquid damage), loss or theft. The monthly charge per device is $9.99. *Premier and Complete Protection programs are available only for select eligible devices. Ask a Bluegrass associate for details. All Programs See brochure for more information regarding benefits, deductibles, exclusions and claim procedures. Upon enrollment, you will receive coverage documents that contain complete details. By electing coverage, you authorize Bluegrass Cellular to include the applicable monthly charge on your bill. You may cancel this coverage at any time by calling 1-800-928-2355. If you have questions about your coverage or to file a claim visit mywirelessclaim.com or call 1-888-352-9183.
If for any reason a customer is not satisfied with equipment procured from Bluegrass Cellular, we offer a 14-day return program on new, undamaged equipment. Phones and non-tablet data devices must not have more than 300 lifetime minutes of use in order to receive a refund or exchange. For manufacturer defects, the phone may be exchanged within fourteen (14) days regardless of minute usage. Returned equipment must be in new condition with all original items returned in the original packaging. Bluegrass Cellular, at its sole discretion, may impose a Restocking Fee on returns or exchanges as follows: (i) $25.00 for feature phones and non-tablet data devices; (ii) $35.00 for Smartphones; and (iii) $70.00 for tablets (no Restocking Fee will be imposed on returns or exchanges of tablets purchased without a service contract, provided that the original packaging is unopened, and the device has not been used). Bluegrass Cellular will exchange software and data kit accessories for the same product within fourteen (14) days of purchase only if there is visible damage existing at the time of purchase or product defects caused by the manufacturer. No returns are available on software or data kit accessories once the product has been opened and activated. For all returns or exchanges, Customer must present all of the following: (1) an original receipt of Customer’s purchase; (2) equipment and accessories in new condition in the original box or packaging with all included items such as accessories, attachments, manuals and other original contents; and (3) a valid government-issued photo ID, along with the original form of payment (if credit card was used to purchase). Equipment purchased at a Bluegrass Cellular Authorized Agent location must be returned to that location.
Billing disputes must be initiated within forty-five (45) days of the Customer’s statement date. ANY CONTROVERSY ARISING OUT OF OR RELATING TO THE AGREEMENT, THE INTERPRETATION OF THE AGREEMENT, ANY SERVICES PROVIDED BY BLUEGRASS CELLULAR, WHETHER OR NOT PROVIDED PURSUANT TO THE AGREEMENT, OR ANY MATTER NOT WITHIN THE EXCLUSIVE OR ORIGINAL JURISDICTION OF THE FEDERAL COMMUNICATIONS COMMISSION OR THE PUBLIC SERVICE COMMISSION OF THE COMMONWEALTH OF KENTUCKY, INCLUDING MATTERS ARISING UNDER KRS 278.260, SHALL BE SETTLED EXCLUSIVELY AND FINALLY BY ARBITRATION BETWEEN BLUEGRASS CELLULAR AND CUSTOMER. The arbitration shall be conducted in accordance with the wireless industry arbitration rules created by the American Arbitration Association, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. 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. The arbitrator may award declaratory or injunctive relief only in connection with your individual claim and only to the extent necessary to provide relief warranted by your individual claim. Further, unless both you and Bluegrass Cellular agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
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 Inc. return policy. Purchase of AppleCare+ constitutes acceptance of all AppleCare+ terms and conditions as set forth on the proof of coverage provided to you at time of purchase.
Bluegrass Cellular may change its prices, fees, or other terms and conditions of service, including arbitration and dispute resolution provisions, at any time. Such changes shall be effective upon being posted to Bluegrass Cellular’s website. Customer’s continued use of Bluegrass Cellular’s products, services, or network after the effective date of a change of terms indicates Customer’s acceptance of the modified terms. Bluegrass Cellular agrees to provide advance written notice to Customer of proposed modifications that may be materially adverse to Customer (other than changes to governmental fees, proportional charges for governmental mandates, roaming rates, or compliance fees). If Customer finds the terms proposed in a notice to be unacceptable, he or she may cancel the Agreement without incurring an early termination fee provided that Bluegrass Cellular receives Customer’s written notice of cancellation within 14 days of the date of the notice.
Customer’s use of Bluegrass Cellular services is subject to the Bluegrass Cellular Pri-vacy Policy, available at https://bluegrasscellular.com/support/privacy which is hereby incorporated into this Agreement by reference.
Latest update 12/13/18