Effective as of 08/25/2023 until replaced.
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This Agreement governs the provision of the Services by Boomerang Wireless, LLC d/b/a enTouch Wireless (“enTouch Wireless,” the “Company,” “we,” “us,” or “our”) to you (“your,” “applicant,” “customer,” “subscriber,” “participant,” or “user”) and your use of the Services, Devices and our websites. As used in this Agreement, the term: (A) “Services” means voice telephony (“talk”), text messaging (“text”), broadband Internet access services (“data”), and any other services provided to you by enTouch Wireless, services and devices subject to Affordable Connectivity Program discounts, and prepaid wireless service; (B) “Device” means any phone, smartphone, tablet, accessory, or other device provided or sold to you by enTouch Wireless or that you activate or use with our Services (note that certain functions are only available when using a voice enabled Device; tablets provided or sold to you by enTouch Wireless are not voice enabled); and (C) “Underlying Carrier” means the wireless provider whose facilities we use to provide you wireless Services. The complete Agreement between you and enTouch Wireless consists of:
- these Terms and Conditions and Agreement to Arbitrate Disputes and Judge or Jury Trial Waiver (“Terms and Conditions”), including the Acceptable Use Policy and the binding arbitration clause;
- any terms of service associated with your selected Service Plan;
- the enTouch Wireless Broadband Transparency Policy, available at https:// entouchwireless.com/internet-transparency/;
- the enTouch Wireless Accessibility Policy, available at www.enTouchwireless.com/hac/; and
- any other policies or documents incorporated herein or therein by reference.
To the extent that any provision or clause in these Terms and Conditions conflicts with any provision or clause of our more specific policies or a specific service plan offer, the terms of those specific documents will govern. Any tariff we have filed with a state commission is for informational purposes only. To the extent that any provision of a tariff is inconsistent with the terms of the Agreement, the terms of the Agreement shall apply and the terms of the tariff shall not apply.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights and obligations related to the Services and Devices we provide to you. These Terms and Conditions: (1) require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions; (2) limit our liability and the remedies available to you in the event of a dispute; (3) permit us to terminate, suspend, modify, or limit your Services at any time, without prior notice, and for any reason, including your violation of these Terms and Conditions; and (4) reserve our right to modify these Terms and Conditions at any time, in our sole discretion, and with limited notice requirements, with most modifications becoming binding on you once posted on the enTouch Wireless website, which you should check regularly for updates.
THIS AGREEMENT BECOMES EFFECTIVE AND LEGALLY BINDING ON YOU WHEN YOU: (a) initiate, enroll in, or subscribe to the Services; (b) use or attempt to use the Services; (c) pay for the Services; (d) upgrade or modify the Services, (e) start any application, program, or software that states you are accepting this Agreement, or (f) accept the Services or Agreement through any written, oral, or electronic statement or signature. This Agreement continues until we or you terminate your Services. You must be 18 years or older to enter into this Agreement. When you accept these Terms of Service, you represent that you are at least 18 years of age and that you meet the eligibility standards for enTouch Wireless’ Services. If you disagree with any of the terms or conditions stated herein or you are not 18 years of age, do not initiate Services with enTouch Wireless or contact enTouch Wireless Customer Service immediately to terminate your Services by dialing 611 from your enTouch Wireless Device or calling toll-free at 1-866-488-8719. We may deny requests to subscribe to our Services for any lawful reason.