This Agreement (“Agreement”) covers the terms and conditions of “CTExcel,” the mobile message and data services (“Service(s)”) provided by China Telecom (Americas) Corporation (“CTA”) over the network of a host carrier (“Host Carrier”). These terms and conditions constitute a legally binding agreement between you and CTA (the “Agreement”). They include important information about your rights and limitations, including but not limited to, service plans and rates, limitations of liability, limitations of warranty, and resolution of disputes. Please read these terms and conditions carefully as they cover information about CTA’s services provided to you.
ACCEPTANCE AND AGREEMENT
Your purchase, activation, or use of CTExcel Services indicates that you accept, acknowledge and agree to the terms and conditions herein, and confirm that you are at least 18 years old and you are legally authorized to enter into this Agreement. IF YOU DON'T WANT TO ACCEPT THIS AGREEMENT, DO NOT DO ANY OF THESE THINGS. CTA reserves the right to modify these terms and conditions at any time at its sole discretion. You acknowledge that you are bound by any modifications or updates to these terms and conditions once they are updated on our website at www.ctexcel.us.
You and any users you authorize or permit to use the Service or your device or SIM Card, will have access to your account information and can make any changes to your account. You agree that changes made to your account by others to whom you have provided your personal account information will be binding on you.
CHARGES AND PAYMENT
To use CTExcel Service, you agree to pay the Service Charges described below in advance. Your Service begins when you pay the specified Service Charges for the particular number of days of service you select (each a “Service Period”). Your CTExcel Service Plan gives you access to Service for one Service Period at a time; you must use your Service during the designated Service Period. Depending on the time of day that you activate your Service or that your Service expires, your Service Period may not equal the full number of 24 hour days in the Service Period. Your Service Plan will be automatically renew at the end of the Service Period if you have a sufficient CTExcel Service account balance to cover the renewal. However, your Service will be suspended if you fail to make full payment for your Service Period renewal when due. Your Service will remain suspended until full payment is received; provided, however, if you do not reinstate Service within the required period based upon your Service Plan, your phone number will be reallocated (See “Idle or Transferred Accounts” below). All airtime purchased is non-refundable and non-transferable. All Service Charges are payable by credit card and/or debit card. By clicking "Agree to Terms", you authorize CTA to bill your credit card and/or debit card provided at the time of the selection of a Service Plan for the initial Service Period, and all Service Period automatic renewals.
Fees and Charges
Usage fees and other charges incurred during a Service Period (“Service Charges”) will be deducted during the Service Period in accordance with your selected Service Plan (“Service Plan Allotments”). Unused Service Plan Allotments expire at the end of the Service Period. Access to detailed usage records is available through secure log in onto our website at www.ctexcel.us.
Mobile Voice Calls:
Any fraction of a minute of mobile airtime usage during a Service Period will be rounded up to the next full minute. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through the termination of the call (after you hang up). You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as, call waiting, voicemail, conference calling, and multi-party messaging). Airtime usage applies to all calls processed through your SIM Card, including toll-free, operator-assisted, voice mail, and calling card calls. Certain features and services such as operator or directory assistance, data calls or transfers, messaging, internet access and applications may cost extra. Call forwarding is not available.
Data Usage and Messaging:
Depending upon your Service Plan, data usage may be rounded up at the end of each data session, at the end of your Service Period, and/or at the time you switch data plans. See www.ctexcel.us. for your Service Plan details. You will be charged for text, instant or picture messages and email whether read or unread, sent or received, solicited or unsolicited. Our Host Carrier uses filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.
Direct international calls are not included in the basic Service Plan, and international roaming is not available through CTExcel. If a direct international call is placed, your account will be suspended. If you use CTExcel international service you must pay the international per minute rate. Regular airtime charges apply. Calls are rounded up to the next full minute. You may visit our website at www.ctexcel.us to view international calling rates, instructions on how to place international calls and how billing works. You must have a positive cash balance in your account to be able to place international calls.
Taxes and Surcharges
Service Charges are inclusive and cover usage fees as well as applicable taxes and regulatory surcharges. Taxes may include federal, state or local excise, sales, use, property, gross receipts, E-911 or other taxes imposed on CTA in connection with the provision of the Service. Such taxes do not include any taxes that would be imposed directly on a customer or user of the Service. Regulatory surcharges are not mandated by law, but are customarily collected from customers to support assessments imposed on service providers for such regulatory programs as federal or state universal service funds and other similar programs. Surcharges will apply whether or not you benefit from the programs, activities or services funded by the Surcharge. The components and amounts of these taxes and surcharges are subject to change without notice.
You agree that, to calculate the amount of taxes and surcharges applicable to your Service, CTA may utilize whatever methodology it determines, in its sole discretion, to be consistent with applicable law and appropriate under the circumstances, including but not limited to use of the zip code of the number assigned to your SIM Card or the location of your actual usage of the Service to determine actual taxes at that location, or application of an average of such taxes and surcharges imposed on CTA’s customers.
Idle or Transferred Accounts
Airtime purchased but not loaded onto your account within sixty (60) days from date of purchase will be void and not refundable. If, after initial activation and use, your account remains idle and unused for a period of ninety (90) days, CTA reserves the right to terminate your account, and you will lose your phone number and forfeit any remaining balance on your account. If you transfer your number to a different carrier, you will lose the balance on your account.
Checking Account Balance
You can check your balance on the website at www.ctexcel.us or by dialing the Customer Care number provided below.
Unauthorized Charges (California Customers)
If you are a customer in California, you are not liable for Service Charges, fees, or usage that you did not authorize. However, the fact that your device, SIM Card or account was used is some evidence of authorization. You may request CTA to investigate usage or Service Charges that you believe were unauthorized. CTA may ask you to provide information and you may submit information to support your request. While an investigation is underway, you will not be required to pay any Service Charges that are in dispute and CTA will not send the disputed amount to a collection agency or file an adverse credit report about amount. If CTA ultimately determines the disputed Service Charges were unauthorized, CTA will credit your account. If CTA ultimately determines the Service Charges were authorized, you will be so informed within thirty (30) days and you will remain responsible for those Service Charges. If you do not agree with the outcome, you may file a complaint with the California Public Utilities Commission. You also may have other legal rights.
CTA provides the mobile message and data services pursuant to Service Plansas specified on our website at www.ctexcel.us. All Services will be provided overthe core network of a Host Carrier, which can be changed at any time in the sole discretion of CTA. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
You are a customer for the specific Service Period that you select. If you terminate your Service, your termination will be effective at the end of your current Service Period (unless you port-out your number), and you will remain responsible for all Service charges for usage through the end of your current Service Period. If we terminate your Service, we will determine the effective date of termination, and you will be responsible for all Service Charges through the effective date of termination. You can request that we port your number to another service provider, and Service for that number will be terminated when the porting is complete. If you port your number, you will be responsible for all Service charges until the port-out is complete
OurService Plans are limited in area and arenot available in all areas in the U.S. We do not provide Service outside of the U.S. Services are available only in the geographic areas in the U.S covered by the Host Carrier's coverage network. Please refer to the coverage map on our website at www.ctexcel.us.However, 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 network capacity, terrain and weather. Services may be subject to certain device and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations.
Service Plans and Charges
Your Service includes unlimited incoming and outgoing domestic voice calls, unlimited incoming and outgoing texts (SMS) to domestic U.S. and international telephone numbers, incoming or outgoing picture messages, unlimited data, and 411 directory assistance calls.
Note: Data speeds will be throttled down to 2GB after the data volume limitation specified in your Service Plan. The Unlimited Plan offers unlimited data (high speed data access not included).
You will be billed airtime rates for all calls active when using 3-way calling and call waiting and any other digital features that require any form of wireless transmittal. For outbound calls, you may be charged airtime for incomplete, busy, and/or no answer calls. With incoming calls, you will be charged airtime upon pressing any key on the mobile phone that answers the call. No credit is given for dropped calls. All calls placed to 911 Emergency and 311 Non-Emergency are free. Customer cannot place calls to 500, 700, 900, or 976 numbers; or place operator-assisted calls such as third party billed and collect calls. Customer cannot place calls to local or long distance numbers identified as party lines. Customer’s account will be debited additional charges for all features not included.
Off-network roaming is not available and not included in CTExcel Service. You agree to use your device within the CTExcel network coverage area. We reserve the right to suspend or cancel your account if your use of Service negatively impacts our network resources or in a way that is not typical.
To obtain and purchase Services, you must obtain a SIM Card from CTA and activate the SIM Card by selecting and purchasing a data Service Plan on the CTExcelwebsite at www.ctexcel.us. Once Services are purchased, CTExcel will provide you with a new cell phone number. The cell number shall remain the property of CTA or its Host Carrier. CTA may change your phone number at any time in our sole discretion.
CTExcel does not sell handset devices. The SIM Card is compatible, and can be activated, only with cell phones using GSM technology. If you already have a GSM device, you do not need a new device to use CTExcel Service. If you do not already own a GSM device you may acquire one from third party vendor. A list of suggested vendors is provided on our website at www.ctexcel.us. Any device utilized with CTExcel Service must be compatible with, and not have the potential to harm, our network.
CTExceloffers high speed data access as part of the Service Plans offered.In order to get 3G/4G/LTE data speeds in all markets that we serve, your device needs to have both the 1700MHz and 2100MHz bands. However, you may be able to get 3G/4G/LTE data speeds on your device in select markets. Some of our network has been retooled to deliver 3G/4G/LTE data speeds on devices that have the 1900MHz band (capable device required). If you are in one of these markets, then you will be able to receive 3G/4G/LTE data speeds on this device. Otherwise, your device will not receive 3G/4G/LTE data. 3G/4G/LTE is not available on all devices (capable device required) or locations (coverage and speed may vary).
CTExcelwill provide you with the settings for internet and picture messaging. However, CTExcel will not provide technical support and/or troubleshooting assistance. We cannot guarantee that, even if the settings are entered correctly, your device will perform as desired.
A device may be blacklisted for misuse. If your device is blacklisted for misuse, it will not be able to register with CTExcel’sHost Carrier and will no longer work on the network (including 911 emergency calls) (See “Use of Service,” below).
CTExcel may use a variety of information and methods to determine the location of a 911 call, including Global Positioning Satellites, our wireless network, the street address you have provided to us as your primary use location (“Primary Address”), or the location of a known Wi-Fi access point. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Various third party entities are involved in connecting a 911 call and we do not determine the public safety agency to which your 911 call is routed.Be aware that some circumstances may make it difficult or impossible for you to connect with 911 from your mobile device. For example, if you are in a location where your device is searching for a wireless signal or there is no wireless signal or service, it is highly probable that a 911 call will not go through. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 911 location services, while the port is in process. If you dial 911 while outside the U.S., 911 services may not be available.
CTExcel is not responsible for failures to connect or complete 911 calls or for your provision of inaccurate location information. In such cases, your ability to utilize emergency services may be impeded.
For all of the reasons mentioned here, do not rely solely on CTExcel Services and your device in an emergency situation. Be sure to also locate the nearest landline phone in case it is needed to call for help. Also, when making a 911 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.
Wi-Fi and 911 Service:
Contacting 911 via Wi-Fi service uses the internet and operates differently than a traditional 911 call. For example, 911 service may not work during power or internet (e.g., cable service) outages or disruptions or if your internet service is suspended. Location information when using Wi-Fi may be limited or unavailable. You must provide us with a Primary Address to use Wi-Fi services. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address via ourweb site at www.ctexcel.us, or by contacting Customer Care. It may take 24 hours or more to update the address information. If you do not give us a Primary Address, we may block your usage of certain Wi-Fi networks. When you call 911 over Wi-Fi away from your Primary Address, we may have no or very limited information about your location.
Text to 911 may be available in some locations where we provide Service, and is dependent on the public safety agency’s ability to receive text messaging. Our Host Carrier recommends that you use voice communications as your primary method of contacting 911.
For no extra charge, you will have access to the wireless emergency alerts that are provided by our Host Carrier and that are available in your coverage area on wireless alert capable devices.
No Service Guarantee
Outages, interruptions or degradation in your Service may occur. Service is subject to transmission limitations caused by atmospheric, topographical and other conditions. Service also may be temporarily refused, limited or interrupted due to system capacity limitations or limitations imposed by our Host Carrier for any reason, including but not limited to equipment/software modifications, upgrades, repairs, replacement, relocation, service area changes, or any other activity performed by the Host Carrier to improve, modify or repair its system. The speed of service may change depending on the Service area you are in. Causes beyond CTA’s reasonable control also may result in Service problems (see “Force Majeure” below). You agree that CTA is not responsible for any issues related to Service availability and/or quality of Service.
Exclusion of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS” AND "WITH ALL FAULTS" BASIS. CTA MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES INCLUDING SUITABLITY, ACCESS, ACCESSIBILTY, PRIVACY, SECURITY AND PERFORMANCE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM UNAUTHORIZED ACCESS INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS AND CONDITIONS SPECIFICALLY EXCLUDE ANY IMPLIED WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THESE EXCLUSIONS DO NOT DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
You are responsible for maintaining the security of your personal account access and validation information. If you give someone your personal account validation information, they can access and manage your account. Those changes will be binding on you. Your personal account validation information includes the last four digits of your Social Security number or your passcode. In addition, you may establish “Authorized Users” to manage your account. You, any individual to whom you give your personal account validation information, and any Authorized User on your account, will each have access to your account information, and each will be able to: (a) make changes to your account; (b)add services or features to your account; (c) remove Services or features from your account; and (d) receive notices and disclosures on your behalf. All of these activities may result in additional charges to your account, and/or a new agreement or payment terms that will apply to the account. You agree that you will be bound by all such notices, disclosures, changes and terms of agreement, and obligated to pay any resulting charges.
Lost or Stolen SIM Card or Device
You agree to immediately notify Customer Care if your device is lost or stolen. Once you notify us, we will suspend your Service; provided, however, that previously paid Service Charges will not be refunded or prorated. After your Service is suspended, you will not be responsible for additional Service Charges incurred in excess of your Service Plan. If you request that we not suspend your Service, you will remain responsible for all usage and Service Charges incurred. We may prevent a lost or stolen device from registering on our network or the network of other carriers. To re-activate your Service you must notify us once you have purchased a new SIM Card and device. The expiration date of your Service will not change.
Lost or Stolen SIM Card or Device (California Customers): You are not liable for unauthorized charges deducted from your CTExcelprepaid Service Plan account balance before you notify us of a lost or stolen device or SIM Card. However, the fact that your device or SIM Card was used is some evidence of authorization. You may request us to investigate charges you believe were unauthorized. We may ask you to provide information, and you may submit information, to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within thirty (30) days and you will remain responsible for all charges to your account.
Use of Service
You agree that you are responsible for any and all activities undertaken when using CTExcelServices and for complying with the Use of Service restrictions set forth in this paragraph and elsewhere in these terms and conditions. You shall not use, or permit others to use,CTExcel Service in a manner or for a purpose contrary to these restrictions. .We reserve the right to terminate, restrict, limit, or alter Service or eligibility for Service based on your improper use of the Service, as detailed below. (See also “Termination,” below).
The Service is intended for voice and text messaging between two people and intermittent web browsing, messaging, and similar activities on your own device, and not on any other equipment. You understand that unlimited talk, text and data Services are not intended to be used continuously, without breaks, to create the functional equivalent of a dedicated line.
Unless explicitly permitted by a Service Plan, each of the following is a prohibited use of CTExcel Service: (a) Configuring your device as a substitute or backup for private lines or dedicated data connectionsor otherwise using the Service for continuous high call sessions, including but not limited totethering your device to a personal computer or other hardware,server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that facilitate continuous use and/or broadcasting to multiple servers or recipients;use of "bots" or similar routines that may disrupt net user groups or email use by others; running software or other devices that maintain a continuously active Internet connection when such a connection would otherwise be idle or that enable "keep alive" functions such as telemetry devices or supervisory control and data acquisition devices; sending automated text or picture messages to another mobile number or e-mail address; uploading, downloading or streaming of audio or video programming,or other applications that denigrate network capacity or functionality.
(b) Using the Services or device to engage in unlawful activity, or engaging in conduct that adversely affects CTA’s customers, employees, business, or any other person(s), or that interferes with the operations, network, reputation, or ability to provide quality service by either CTA or our Host Carrier, including but not limited to, transmitting obscene , fraudulent or otherwise illegal information,"spamming" or engaging in other abusive or unsolicited communications,or generating or disseminating viruses, malware or "denial of service" attacks;
(c) Accessing, or attempting to access without authority or payment, the information, accounts or devices of others, or penetrating, or attempting to penetrate, CTA’s, the Host Carrier's or another entity's network or systems, including by way of illustration by altering or tampering with equipment or information,by cloning or using compromised SIM Card algorithms, engaging in subscription fraud by false representation or false credit information or devices, orby engaging in any other fraudulent or criminal activity;
(d) Reselling or rebilling CTA’s or the Host Carrier's Service (except as expressly authorized by the Host Carrier);
(e) Installing, deploying, or using any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted radio frequency signal; or
(f) Assisting or facilitating anyone else in any of the above activities.
CTA reserves the right to suspend or cancel your account, or to reduce your data speed for the remainder of your Service Period, if your talk, text and data usage patterns during a Service Period continuously exceedthe average usage of other customers on the same Service Plan. CTA reserves the right to deny unlimited talk, text and data services or cancel existing service to you for any reason at any time at CTA’s sole discretion.
To provide a good experience for the majority of CTExcel customers and to minimize capacity issues and degradation in network performance, CTA and/or its Host Carrier may take various measures to control traffic on the network. These measures may include temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. Additionally, we may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a device to transmit data files more efficiently. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against CTExcelService. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on a device.
You may purchase content and applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively "Content/Apps") from the Host Carrier or third party vendors for use on your device. These purchases may appear as charges on your account. Any support questions related to such Content/Apps should be directed to the vendor.You may be subject to license terms maintained by such vendor and/or application developer or content owner. Content/Apps that are purchased from our Host Carrier are licensed to you by the Host Carrier and may be subject to additional license terms between you and the creator or owner of the Content/Apps.
Whether purchased from a third party vendor or our Host Carrier, any Content /Apps purchased by you are exclusively for personal, lawful, non-commercial use on yourown device. You may not transfer, copy, or reverse engineer any of the Content/Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content/Apps.
Under no circumstances is CTA responsible for such Content/Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through any application. CTA is not a publisher of any Content/Apps sold by any third party vendor or our Host Carrier, and CTA is not responsible for any opinions, advice, statements, or other information, services or goods provided by such third parties or our Host Carrier, or otherwise accessible on your device.
Customer may terminate Services at any time by going to the CTExcelwebsite at www.ctexcel.us. Such termination shall be effective when CTA processes the termination.
CTA may limit, suspend or terminate your Service without notice for any reason, including without limitation, if you, any user of your device or SIM Card, or any user on your account: (a) breaches this Agreement; (b) provides inaccurate information we cannot verify; (c) lives in an area where CTA does not provide Service; (d) transfers Service to another person without CTA’s consent; (e) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (f) misuses your Service,device or SIM Card as specified in these terms and conditions; (g) uses your Service,device or SIM Card in a manner that is excessive, unusually burdensome, or unprofitable to us; or (h) is on a Service Plan that CTA determines is no longer available; (i)interferes with other Customers’ service; (j) degrades service quality for other Customers; or (k) interrupts or negatively impacts the network resources of CTA or its Host Carrier.If Services are cancelled or terminated, you will not be entitled to any refund or proration of any Service Charges or other amountspreviously paid. You will be charged for the entire) Service Period during which termination occurs.
You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of CTA, our Host Carrier, or any third party. Except for a limited license to use the Services, your purchase of Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of CTA, ourHost Carrier, or others related to the Services. Such intellectual property may be used only with your Service as expressly authorized by us. You agree that harm to CTA from any violation of this Section cannot be fully redressed by money damages, and that CTA shall be entitled to seek immediate injunctive relief in addition to all other remedies available. In conjunction with our rights under this paragraph, it is our policy, in appropriate circumstances and in our sole discretion, to suspend or terminate the Service of any customer, account holder or user who is deemed to be a repeat or blatant infringer of intellectual property rights.
We may retain, use, and share information collected when you download, use, install or disable some content or applications. Please refer to the privacy policies of the creators of such content and applications for information regarding their use of information collected when you download, use, install or disable third party content and applications. CTA is not responsible for any transmission failure, interruption, or delay related to third party content or applications or any content or website you may be able to access through such content or applications.
CTA may release information about your account when required by a subpoena or other lawful process. Except as required by law, we will not provide you with notice of such requests.
Digital Millennium Copyright Act (DCMA)
If you believe that material residing on our system or network infringes a copyright held by you or the copyright held by a person or entity for whom you are authorized to act, notify our Designated DCMA Agent as specified below. There are substantial penalties for sending false notices.After receiving a valid notice, we may remove or disable access to any infringing material as provided for in the Digital Millennium Copyright Act.
Our Designated DCMA Agent is:
Yu (“Jamie”) Yao .
China Telecom (Americas) Corporation
607 Herndon Parkway; Suite 201
Herndon, VA 20170
Collection of Location-based information
OurHost Carrierwill track and collect information about your location as part the normal operation and usage of the Services. To be able to use the Services and make and receive wireless voice calls, data, and text messaging, yourdevice needs to be in contact with and connected to a cell phone tower and global positioning system near your location to receive and emit signals from the device to the cell phone tower and vice versa. Location information and other usage and performance information are used to provide Services to you.
Our Host Carrier also may use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for a variety of purposes such as scientific and marketing research and services such as vehicle traffic volume monitoring. It is your responsibility to notify users on your account that such location information may be collected from devices utilized with the Service.
Directory assistance service (411) may use the location of a device to deliver relevant customized 411 information based upon your request for a listing or other 411 service. By using this directory assistance service, you consent to ouruse of location information for such purpose. This location information may be disclosed to a third party to perform the directory assistance service and for no other purpose. Such location information will be retained only as long as is necessary to provide the relevant customized 411 information and will be discarded after such use.
To the extent permitted by law, this Agreement isgoverned by applicable federal law, and the laws of the Commonwealth of Virginia, without regard to its conflicts of laws rules. Foreign laws do not apply.
Any Dispute that CTA is unable to resolve within sixty (60) days after receipt of your claim may be referred to litigation. You agree that the exclusive venue for Disputes arising under state law shall be Fairfax County, Virginia, and the exclusive venue for Disputes involving a case or controversy under federal jurisdiction shall be the federal court for the Eastern District of Virginia seated in Alexandria, Virginia.
In the event of any dispute arising out of or relating to CTExcel, the Services, CTA policies or this Agreement, including but not limited to billing disputes (each a “Dispute”), you shall first give CTA an opportunity to resolve your claim by sending a written description of your claim as directed in the Notice provisions below. CTA agrees to negotiate your claim in good faith.
Except to the extent prohibited by law, Notice of any Dispute must be provided within one (1) year of the date that the circumstances giving rise to the Dispute occurred.
Waiver of Jury Trial
In the event that a claim proceeds to litigation, to the extent permitted by lawCTA and you each waive any right to jury trial.
Class Action Waiver
Any Dispute resolution proceedingswill be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action; and neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class or a consolidated, or representative proceeding arising out of or relating to the Service orthis Agreement.
INDEMNITIES/LIMITATION OF LIABILITY
Indemnification by Customer
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD CTA, ITS AFFILIATES AND AGENTS HARMLESS FROM ANY CLAIMS ARISING OUT OF THE USE OF THE SERVICE, BREACH OF THIS AGREEMENTOR VIOLATION OF ANY LAWS OR REGULATIONS OR THE RIGHTS OF ANY THIRD PARTY BY YOU, ANY PERSON ON YOUR ACCOUNT OR ANY PERSON THAT YOU DIRECTLY OR INDIRECTLY PERMIT TO USE YOUR SERVICE, DEVICE OR SIM CARD.
Limitation of Liability
CTA IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE PROVISION OF, OR FAILURE TO PROVIDE, ANY PRODUCT OR SERVICE. WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH ANY ACTS OR OMISSIONS MADE BY OUR HOST CARRIER OR ANY OTHER COMPANY INVOLVED IN THE PROVISION OF CTExcel PRODUCTS OR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CTA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OR USE INCURRED BY YOU OR ANY THIRD-PARTY, WHETHER IN AN ACTION IN CONTRACT, OR TORT, OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, INTERRUPTIONS, DELAYS, OR OUTAGES OF SERVICES, ERRORS, AND FAILURE OR DELAY IN CONNECTING A CALL TO 911 OR OTHER EMERGENCY SERVICE. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT CTA WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
By using the CTExcel Service, you that CTA may contact you in any way for any and all purposes. CTA may contact you on your wireless phone, via mail, SMS, or email from time to time to inform you of Service updates or new offers and promotions from CTA. You expressly acknowledge that this consent cannot be revoked without prior written agreement and acceptance by CTA. Notices from CTA to you are considered delivered after we send notices to any telephone number, email address or physical address you provide tous.
CTA may be contacted as follows:
General inquiries, requests for copies of the latest terms and conditions or policies
China Telecom (Americas) Corp.
607 Herndon Parkway, Suite 201
Herndon, VA 20170
Attn: Legal Department
General inquiries, requests for copies of the latest terms and conditions or policies
Tel: (877) 331-9871 (from the US)
(400) 928-9189 (from China Mainland)
Notice of a claim or other formal legal proceeding
National Registered Agents, Inc.
With a copy to:
China Telecom (Americas) Corporation 607 Herndon Parkway, Suite 201 Herndon, VA 20170 Attn: Legal Department
This Agreement, together with any CTA policies referenced herein, constitute the entire agreement between you and CTA, and define all of the rights you have with respect to the Service, you obtain hereunder, except as otherwise provided by law. You cannot rely on any other documentary, electronic or verbal statements by any agent of CTA to contradict these Terms and Conditions. If you purchase a device, services or content from a third party pursuant to a separate agreement with such third party, CTA is not a party to that agreement.
You may not assign this Agreement or any of your rights or duties under it without CTA’s prior written consent. CTA may assign all or part of this Agreement, or your debts to us, without notice.
CTA will not be liable for any delay or failure to performunder this Agreement that is due to causes beyond its reasonable control.
The Service is subject to our business policies, practices, and procedures, which we can change without notice. You acknowledge that, except to the extent prohibited by applicable law, CTA CAN CHANGE THESE TERMS AND CONDITIONS AT ANY TIME, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE.
No failure on CTA’s part to enforce any provisions of this Agreement shall operate as a waiver of that provision or of any other provision in this Agreement. Any waiver by CTA of any provision of this Agreement must be in writing. Except as expressly provided in writing, no waiver of any term or condition of this Agreement in one instance shall operate as a waiver of that term or condition in any other instance, or as a waiver of any other term or condition of this Agreement.
Headings used in this Agreement are provided for convenience only and may not be used to construe meaning or intent.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that term shall be considered severed from this Agreement, and all other terms of this Agreement will remain in full force and effect.
Provisions of this Agreement set forth in the Sections hereof titled Warranties, Customer Responsibilities, Intellectual Property, Disputes, Indemnities/Limitation of Liability, Customer Communication/Notices and Miscellaneous shall survive any termination or expiration of this Agreement.