Please read these Moolah Wireless LLC (“Moolah Wireless”) Lifeline Terms and Conditions of Service carefully. These Moolah Wireless Lifeline Terms and Conditions of Service are a legally binding agreement between you and Moolah Wireless. They contain important information about your legal rights and require that certain disputes be resolved through arbitration instead of a court trial. Moolah Wireless reserves the right to change or modify any of these Moolah Wireless Lifeline Terms and Conditions of Service at any time and at its sole discretion. Moolah Wireless may modify or cancel any Moolah Wireless Lifeline Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these Terms. Any changes or modifications to these Moolah Wireless Lifeline Terms and Conditions of Service will be binding upon you once posted on the Moolah Wireless website. You should check the Moolah Wireless website regularly for updates to these terms. If You disagree with any item contained herein, please immediately discontinue use of the Services and contact Moolah Wireless Customer Support at support@moolahwireless.com to terminate Service.
By enrolling in the Moolah Wireless Lifeline Program (the “Moolah Wireless Lifeline Program” or “MOOLAH WIRELESS Lifeline Program”) and by using the Moolah Wireless Lifeline service (the “Moolah Wireless Lifeline Service” or “MOOLAH WIRELESS Lifeline Service”), you (“You”), the participant, acknowledge and agree to the following terms and conditions:
Lifeline Service is funded by the Universal Service Fund (“USF”) program and administered by the Universal Service Administrative Company (“USAC”). In order to qualify for enrollment in the Moolah Wireless Lifeline Program, a person must meet certain eligibility requirements set by each state where the MOOLAH WIRELESS Lifeline Program is offered. These requirements are based on a person’s participation in a state or federal assistance program(s) or by meeting certain income requirements based upon the Federal Poverty Guidelines as defined by the U.S. Government. For full details on Lifeline Eligibility visit https://qlinkwireless.com/members/lifeline-eligibility.aspx.
Federal law limits the availability of the MOOLAH WIRELESS Lifeline Program. The MOOLAH WIRELESS Lifeline Program allows one (1) enrollment per “household,” meaning each household is permitted one wireless or wire line account. Separate households that live at the same address are eligible, including residents of homeless shelters and nursing homes, for example. Residents with temporary addresses are also eligible.
Applicants for the MOOLAH WIRELESS Lifeline Program must complete an application form, provide supporting documentation stating that they meet the eligibility requirements, and certify, under penalty of perjury, that they:
• Are eligible for and currently receive benefits from the federal assistance program(s) identified in the application form or qualify based on income.
• Do not currently receive Lifeline service from another provider and their household is not currently receiving a Lifeline benefit.
• Agree to cancel their current household Lifeline Program with any other provider in order to enroll in the MOOLAH WIRELESS Lifeline Program, if already participating in a Lifeline program.
• Will notify Moolah Wireless by emailing support@moolahwireless.com if and when they no longer qualify for any of the federal assistance programs identified in their application form.
• Will notify Moolah Wireless of any change of address by emailing support@moolahwireless.com within thirty (30) days of moving.
• Reviewed the information contained in their application and certify that it is true and correct to the best of their knowledge and beliefs.
• Certify eligibility to receive Lifeline benefits and will notify Moolah Wireless if and when no longer qualified.
• Authorize Moolah Wireless or its duly appointed representative to apply for Lifeline services on the applicant’s behalf and provide any and all information related to the application—including but not limited to all personal information utilized during the application process including name and address—to federal and state government agencies, social service agencies, USAC and/or its agents, or any other agency requiring this information for processing of the applicant’s Lifeline Assistance application.
Applicants who do not meet the eligibility requirements will receive written notification via U.S. Mail of the reason for their non-eligibility. Upon enrollment in the MOOLAH WIRELESS Lifeline Program, you will be qualified to participate for up to one (1) year unless you no longer qualify as an eligible subscriber or you do not use the service for 30 days or more. To continue your enrollment in the MOOLAH WIRELESS Lifeline Program after the initial year, you must verify annually that you are qualified for continued enrollment in the MOOLAH WIRELESS Lifeline Program as required by the Federal Communications Commission, your state Public Service Commission, Public Utility Commission, or other agency administering the MOOLAH WIRELESS Lifeline Program in your state. Moolah Wireless will also conduct verification checks according to each state’s rules. If Moolah Wireless determines during its verification check, or at any other time, that a customer fails to continue to qualify for the MOOLAH WIRELESS Lifeline Program, such customer will immediately be deemed ineligible to participate in the Moolah WIRELESS Lifeline Program, will be de-enrolled from the MOOLAH WIRELESS Lifeline Program, and will no longer receive support through the Lifeline Program. Moolah Wireless Customers who are no longer eligible (for any reason) for enrollment in the MOOLAH WIRELESS Lifeline Program must immediately notify Moolah Wireless that they no longer meet the eligibility requirements for enrollment. A Moolah Wireless customer’s enrollment may also be cancelled upon the request of a state and/or federal authority.
Moolah Wireless reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s Moolah Wireless phone for fraud, misrepresentation, or other misconduct as determined solely by Moolah Wireless. While participating in the MOOLAH WIRELESS Lifeline Program, a customer shall not sell, rent, give away, or in any way allow another person to use the Mobile Device or MOOLAH WIRELESS Lifeline Service provided to him/her by Moolah Wireless. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE Moolah Wireless PHONE OR MOOLAH WIRELESS SERVICE PROVIDED TO YOU BY Moolah Wireless to someone outside your Household. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. In addition, if Moolah Wireless determines, at its sole discretion, that a Moolah Wireless customer has violated these prohibitions, Moolah Wireless will then permanently de-enroll the customer from the MOOLAH WIRELESS Lifeline Program, their phone will be permanently deactivated, and the customer’s personal information will be permanently flagged so that the customer may not re-enroll in the MOOLAH WIRELESS Lifeline Program in the future. If you have any questions, concerns, comments, or complaints regarding the MOOLAH WIRELESS Lifeline Program or Lifeline Service, offerings, or products, please call Moolah Wireless Customer Support at supoprt@moolahwireless.com3. You may also contact your state’s Public Service Commission/Public Utility Commission.
The Affordable Connectivity Program or ACP Program is a limited-time program that provides discounts on monthly broadband Internet access service up to $30 and up to $100 on certain connected devices. ACP Program discounts are funded by the US Government’s Coronavirus relief effort and administered by the Federal Communications Commission (FCC). This is a supplemental plan that is separate from the US Government’s Lifeline program. If you elect to participate in the ACP Program, our Lifeline and ACP benefits will be applied so you receive UNLIMITED Data, talk & text for FREE every month while the program remains open. Our standard terms and conditions apply.
The ACP monthly service and device discounts are non-transferrable. An eligible household is limited to one monthly service discount and one device discount. You may continue to receive your current Lifeline plan without enrolling in the ACP Program. Eligible subscribers may obtain ACP-supported broadband service from any participating provider of their choosing and a subscriber can transfer their Emergency Broadband Benefit to another provider at any time. We will transmit your consent to participate in the ACP program and all information necessary to verify your identity and eligibility and to complete your ACP enrollment to the Universal Service Administrative Company.
By opting-in below, you authorize Moolah Wireless, for the purpose of applying for, determining eligibility, enrolling in and seeking reimbursement of ACP service and device benefits, to collect, use, share and retain your personal information, including but not limited to information required for the purpose of establishing eligibility for and enrolling in the Lifeline program, and including, but not limited to, full name, full residential address, date of birth, last four digits of social security number, telephone number, eligibility criteria and status, the date on which the ACP service discount was initiated and if applicable, terminated, ACP connected device distribution date/type/make and model/status, usage status and other compliance requirements, the amount of support being sought for the service and/or device, and information necessary to establish identity and verifiable address, to the Universal Service Administrative Company (USAC) to ensure proper administration of the ACP service and/or connected device benefits.
You also agree that any state, local, Tribal government, school, or school district, may share information about my receipt of benefits that would establish eligibility for the ACP, and that such information will be used only to determine ACP eligibility. Failure to provide this FCC mandated consent will result in you being denied the Emergency Broadband Benefit service and/or the connected device benefits.
Moolah Wireless will apply your Lifeline and EBB discounts to make Moolah Wireless’s UNLIMITED Data, Talk and Text Plan for FREE. This promotional limited-time offer includes Moolah Wireless’s UNLIMITED High Speed Data Bundle which is FREE after application of Lifeline and ACP discounts and company contribution, if applicable. Nationwide 4G LTE/5G service is available, subject to the capabilities of your device.
The ACP program will expire when funds are exhausted or six months after the Department of Health and Human Services (HHS) declares the end of the COVID-19 health emergency. We will notify you when the FCC announces the end the ACP program or if we end our promotional FREE ACP service offer. Your service will then revert to receiving the standard FREE Lifeline plan if you are still eligible. You may also choose to keep this UNLIMITED plan but will be subject to the standard rates. We will notify you when there is a change to the program. Our standard terms and conditions will apply.
Chat or call us at 1 (855) 754 – 6543.
Upon enrollment in the MOOLAH WIRELESS Lifeline Program, you will receive a Moolah Wireless phone delivered to your home address, as noted in the application. You must accept the Moolah Wireless telephone number assigned to your Moolah Wireless phone at the time of enrollment. MOOLAH WIRELESS may reassign Your Mobile Device telephone number to another subscriber, without giving notice, if You cancel the Service, or if Your account expires, is deactivated or is otherwise terminated. You may transfer a Mobile Device telephone number prior to the telephone number being reissued to another Subscriber; if You wish to do so, please contact Moolah Wireless Customer Support at 1-855-754-6543. Upon activation by you, after delivery, you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the Moolah Wireless Lifeline Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”). To switch an existing phone number to Moolah Wireless, please contact Moolah Wireless Customer Support at 1-855-754-6543 and have a bill available from the former provider. When You transfer service from another wireless provider to Moolah Wireless, the former provider may charge You termination or other fees. MOOLAH WIRELESS will not reimburse You for any termination or other fees imposed by other providers for transferring a wireless number.
Your Moolah Wireless Mobile Device can only be used through Moolah Wireless and cannot be activated by any other wireless or cellular service provider. Moolah Wireless Lifeline Services are provided at Moolah Wireless’ discretion. Some functions and features referenced in the Manufacturer’s manual provided with your Moolah Wireless phone may not be available on your Moolah Wireless phone. Moolah Wireless may modify or cancel any MOOLAH WIRELESS Lifeline Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these terms and conditions of service.
As a Moolah Wireless customer, you are eligible to receive Moolah Wireless Lifeline Service for up to one (1) year upon your enrollment and activation in the MOOLAH WIRELESS Lifeline Program, and you are eligible to receive up to another year following each successful Annual Recertification for your continued program eligibility in the MOOLAH WIRELESS Lifeline Program based on your continued eligibility to participate in the program and your continued usage of the Moolah Wireless Lifeline Service. The Certifications and Perjury Statements required to continue participation in the Moolah Wireless Lifeline Service may be found at www.qlinkwireless.com/terms/certifications. If you have no usage in a period of 30 days, “Non Usage,” you will receive notice with a fifteen (15) day grace period to correct the non-usage. If you do not respond to the notice, you will be de-enrolled, and deactivation of Lifeline Service will occur, regardless of the service end date. If it is found that you no longer meet the requirements or eligibility guidelines to receive Moolah Wireless Lifeline Service you will be de-enrolled, and deactivation of Moolah Wireless Lifeline Service will occur. Moolah Wireless will not seek reimbursement for your participation in the Moolah Wireless Lifeline Service after 45 days of non-usage. Upon de-enrollment from the Moolah Wireless Lifeline Program, you will cease receiving the discounted or free monthly allotment of airtime or Data.
If you exceed 45 days without any usage (as defined consistent with 47 C.F.R. 54.407(c) (2)), you will be de-enrolled from the MOOLAH WIRELESS Lifeline Program. Any of these activities, if undertaken by the subscriber, will establish “usage” of the MOOLAH WIRELESS Lifeline service: (i) Completion of an outbound call; (ii) Purchase of minutes or Data from Moolah Wireless to add to the subscriber’s service plan; (iii) Answering an incoming call from a party other than the Moolah Wireless or Moolah Wireless’s agents or representatives; (iv) Responding to direct contact from Moolah Wireless and confirming that you want to continue receiving the MOOLAH WIRELESS Lifeline service; or (v) Sending a text message. Upon de-enrollment for non-usage, you will have up to a 30-day grace period to re-enroll in the Moolah Wireless Lifeline Program by calling 1-855-754-6543. If you do not re-enroll, use your phone, or call MOOLAH WIRELESS Customer Support within 30 days of your de-enrollment, your phone service will be deactivated. In order to reactivate your Q-Link Wireless phone and re-enroll in the MOOLAH WIRELESS Lifeline Program, you will need to call MOOLAH WIRELESS Customer Support. Upon successful re-enrollment, you will receive the monthly voice minutes and/or Data that you were entitled to receive through the date your enrollment was cancelled. You will not, however, receive any voice minutes and/or Data for the period of time you were not enrolled in the MOOLAH WIRELESS Lifeline Program.
If you are de-enrolled, your Mobile Device will remain active and you may continue to use your Mobile Device so long as you have available minutes and service days remaining on your phone. You may purchase additional voice minutes and service days to keep your phone service active. If you are de-enrolled from the Moolah Wireless Lifeline Program and you allow your remaining service days to expire or go “past due”, your Mobile Device service will be deactivated, you may lose your unused minutes, and you will lose your wireless telephone number.
If You fail to complete the annual recertification, MOOLAH WIRELESS will notify You that Your Moolah Wireless Lifeline Service will be terminated if You do not respond within sixty (60) days. If you choose to reactivate your phone by completing the Annual Recertification within 60 days after your verification due date, you will be re-enrolled in the program and continue receiving the free monthly allotment of airtime.
If your service is deactivated for Non Usage or failure to complete Annual Recertification, you may reactivate your service by either re-enrolling in the Moolah Wireless Lifeline Program (if eligible) or purchasing and redeeming Moolah Wireless minutes with service days. Upon reactivation of your phone, you may be assigned a new telephone number. If you have been de-enrolled from the Moolah Wireless Lifeline Program and are not eligible to re-enroll but you wish to keep your service active, you must purchase and redeem additional minutes and service days before the “Service End Date”. To prevent any interruption in your phone service, please keep your phone service active by timely completing your Annual Recertification as required by the MOOLAH WIRELESS Lifeline Program or, if no longer eligible, by purchasing and adding Moolah Wireless minutes before your Service End Date.
MOOLAH WIRELESS’s provision of service (e.g., voice minutes and/or Data) begins on the 1st calendar day of each month. If, at any time during a calendar month, a Moolah Wireless customer terminates his/her service, the customer’s service will be canceled in accordance with Moolah Wireless’s respective policies and procedures. Where a Moolah Wireless customer ports out his/her number to another service provider, all service terminates effective on the date of the port – regardless of whether any unused service remains. However, in the event of a termination without a port, the Moolah Wireless customer will still be an active subscriber and able to use any unused service until midnight, Eastern Time, on the 1st day of the following month. By way of example, if a customer terminates Moolah Wireless’s service (not including instances of a port change) effective on January 10th, they will still be able to use any unused service until midnight Eastern Time on February 1st. Note, for clarity, after midnight Eastern Time on the 1st day of the following month, all service will terminate even if the now, former customer has unused service remaining.
You agree not to give away, resell, or offer to resell the Moolah Wireless Mobile Device or service provided by the Moolah Wireless Lifeline Program. You also agree your Moolah Wireless Mobile Device will not be used for any purpose that is not allowed by this agreement or that is illegal. MOOLAH WIRELESS CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE MOOLAH WIRELESS LIFELINE PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if you: (a) violate any of the Terms and Conditions of Service; (b) lie to any representative of Moolah Wireless or attempt to defraud any representative of Moolah Wireless; (c) allow anyone to tamper with your Moolah Wireless Mobile Device; (d) threaten or commit violence against any representative of Moolah Wireless, any of our employees or Customer Support Representatives; (e) use vulgar and/or inappropriate language when interacting with Moolah Wireless representatives; (f) steal from Moolah Wireless; (g) harass Moolah Wireless representatives; (h) interfere with Moolah Wireless operations; (i) engage in abusive messaging, emailing, or calling; (j) modify your device from its manufacturer’s specification; or (k) use the service in a way that adversely affects our network or the service available to Moolah Wireless’s other customers. We reserve the right to, without notice, limit, suspend, or end your service for any other operational or governmental reason. In addition to permanently terminating your service, criminal offenses (i.e., selling or giving away your service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
The Moolah Wireless Mobile Device and Modem is provided exclusively for use by you, the end consumer, with the Moolah Wireless Service available solely in the United States, Puerto Rico, the U.S. Virgin Islands, or Guam. Any other use of your Moolah Wireless Mobile Device, including, but not limited to, resale, unlocking, and/or re-flashing of the phone, is unauthorized and constitutes a violation of your agreement with Moolah Wireless. You agree not to unlock, re-flash, tamper with, or alter your Moolah Wireless Mobile Device or its software; engage in any other unauthorized or illegal use of your Moolah Wireless Mobile Device or the service, or assist others in such acts; or to sell and/or export Moolah Wireless Mobile Devices outside of the United States. These acts violate Moolah Wireless’s rights and state and federal laws. Improper, illegal, or unauthorized use of your Moolah Wireless Mobile Device is a violation of this agreement and may result in immediate discontinuance of services and legal action against you. Moolah Wireless will prosecute violators fully of the law.
Some Moolah Wireless Mobile Devices have SIM cards. If your Moolah Wireless Mobile Device has a SIM card, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM card. You may not remove your SIM Card from your phone nor place the SIM Card in any other phone. Doing so could result in the immediate termination of your service and de-enrollment from the Moolah Wireless Lifeline Program. The Carriers, Moolah Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card. Your Moolah Wireless Mobile Device is restricted from operating when you are located anywhere outside of the United States, Puerto Rico, the U.S. Virgin Islands, or Guam, including offshore or in international waters. In the event of suspension for this or any other unauthorized usage, you will not be entitled to receive any refunds for unused airtime.
Moolah Wireless can suspend or terminate Services for any reason, at any time. We can, without notice, suspend or terminate any Service at any time for any reason. For example, we can suspend or terminate any Service for: (a) Excessive usage determined solely at the discretion of Moolah Wireless; (b) exceeding an Account Spending Limit; (c) harassing, threatening, abusing, offending, or being excessively impolite to our employees or agents; (d) interfering with our operations; (e) using/suspicion of using Services in a way that violates, or is inconsistent, with the Agreement and Policies or adversely affects any of our other customers, reputation, network, property, or Services; (f) breaching, failing to follow, or abusing the Agreement or Policies; (g) providing false, inaccurate, dated, or unverifiable information, including identification or credit information; (h) becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications (for example, rooting the device); (j) failing to use our Services or maintain an active Device; (k) you resell or attempt to resell the Services or (l) if we believe the action protects our interests, any customer’s interests, or our network.
To ensure the activities of some users does not impair the ability of our customers to have access to reliable services provided at reasonable costs, you may not use our services in a manner that is unlawful, infringes on intellectual property rights, or harms or unduly interferes with the use of Moolah Wireless’s network or systems. Moolah Wireless reserves the right, without notice or limitation, to limit data throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend service if an individual engages in any of the prohibited voice or data uses detailed above, or if Moolah Wireless, at its sole discretion, determines action is necessary to protect its wireless networks from harm or degradation.
Moolah Wireless voice services are provided solely for live dialogue between, and initiated by, individuals for personal use and as otherwise described in this policy. Moolah Wireless’s services may not be used for any other purposes, including, but not limited to: monitoring services, transmission of broadcasts, and transmission of recorded material; telemarketing, autodialed calls, and other commercial uses; or other connections that do not consist of uninterrupted live dialogue between individuals. Moolah Wireless may discontinue service, at our sole discretion, for any other reason that violates our policy of providing service for individual use.
You will find coverage maps on our website. These maps are for general informational purposes only. Maps may be updated periodically to reflect current operations. Actual coverage and service areas may vary from the maps and may change without notice. Moolah Wireless does not guarantee coverage or service availability under all circumstances. The maps represent an approximate depiction of coverage in Moolah Wireless’s Service areas. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, service outages, network changes, technical limitations, and/or your equipment may interfere with actual service, quality, and availability. The easiest way to check the coverage in your area is to apply online here. If you live in an area where network coverage does not reach you with at least a “good” or better standard, the system will let you know before submitting your application.
“Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside of the network coverage area of your service provider. When your Moolah Wireless phone is roaming, an indicator light on your handset may display the word “Roam” or “RM” on the screen while the phone is not in use. While roaming, Subscribers may continue to make phone calls from their MOOLAH WIRELESS Mobile Devices at no additional charge but with the standard decrement of their plan minutes. Calls to 911 are not deducted from their plan minutes. Emergency (911) calls are free, regardless of service activation or availability of minutes, and will not count against the customer’s airtime even when roaming. However, WHERE THERE IS NO WIRELESS COVERAGE, A SUBSCRIBER’S 911 CALL MAY NOT GO THROUGH; SUBSCRIBERS SHOULD DIAL 911 FROM THE NEAREST LANDLINE PHONE.
Moolah Wireless may be required to file Tariffs in certain individual states addressing the delivery of certain Services. In the event that such Tariffs are filed with respect to any of the Services ordered by You, the terms set forth in the applicable Tariff (or any successor document in the event of detariffing) shall govern MOOLAH WIRELESS’s delivery of, and Your use of, the Services subject to the tariff. Such tariffs are hereby incorporated by reference and shall take precedence over any conflicting provision in these Terms.
Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical, and other conditions. Further, Services may be temporarily refused, limited, interrupted, or curtailed due to system capacity limitations, technology migration, or limitations imposed by Moolah Wireless or the Carriers, or because of equipment modifications, upgrades, repairs, relocations, or other similar activities necessary or proper for the operation or improvement of Moolah Wireless or the Carriers’ radio telephone system. At any time, Moolah Wireless reserves the right to substitute and/or replace any Moolah Wireless equipment (including Mobile Devices) with other Moolah Wireless equipment (including Mobile Devices) of comparable quality. Some functions and features referenced in the manufacturer’s manual for a particular Moolah Wireless Mobile Device may not be available on your phone. Moolah Wireless does not warrant or guarantee availability of network or of any services at any specific time or geographic location or that the services will be provided without interruption. MOOLAH WIRELESS DOES NOT GUARANTEE ACCESS TO 911 SERVICES WHERE THERE IS NO OR LIMITED WIRELESS COVERAGE, A SUBSCRIBER’S 911 CALL MAY NOT GO THROUGH; SUBSCRIBERS SHOULD DIAL 911 FROM THE NEAREST LANDLINE PHONE. Neither Moolah Wireless, nor any carrier, shall have any liability for service failures, outages, or limitations of service. Because of the risk of being struck by lightning, you should not use your Moolah Wireless Mobile Device outside during a lightning storm. You should also unplug the Moolah Wireless Mobile Device power cord and charger to avoid electrical shock and/or fire during a lightning storm. In the event Moolah Wireless determines that it is necessary to interrupt the Services for any reason or there is the potential for a Services interruption due to system maintenance, Moolah Wireless will use reasonable efforts to notify You prior to the performance of such maintenance and will attempt to schedule such maintenance during non-peak hours.
Neither You nor Moolah Wireless shall be liable for any default or delay in the performance of its obligations hereunder (except for failure to pay amounts due) if and to the extent that such default or delay arises out of causes beyond its reasonable control, including without limitation acts of God, acts of war, acts of terrorism, earthquakes, fires, cable cuts, power outage, catastrophic network element failures, floods, riots, civil disorders, rebellions, strikes, lockouts and labor disputes (individually, each such event is a “Force Majeure Event”).
Moolah Wireless customers shall have up to fourteen (14) days from the delivery date of their Mobile Device to return any defective Mobile Device and/or accessories to Moolah Wireless. Moolah Wireless will exchange a defective Mobile Device for a replacement phone, at Moolah Wireless’s discretion, during this period, only pursuant to the terms of the Limited Warranty (Section 27) set forth below. For a defective phone replacement, call Moolah Wireless Customer Support at 1-855-754-6543.
Moolah Wireless reserves the right to change or modify these Terms, applicable Tariffs, and its policies at any time. The changes will become effective at the time the change is posted on the Moolah Wireless website at https://moolahwireless.com/terms If the change has a material adverse impact on Your use of the Services, Moolah Wireless will provide advance notice to You of the change by such means as Moolah Wireless determines to be most practicable, including but not limited to any of the following: playing a recorded message when You attempt to place a call or attempt to add funds to Your account, sending written notice to the address provided at the time of activation, sending an SMS or text message to Your Mobile Device, posting an update on the Moolah Wireless website, or by such other means as MOOLAH WIRELESS may determine. Material changes will take effect fourteen days after MOOLAH WIRELESS provides the above-described notice. You may terminate the Services within thirty (30) days of receiving such notice. If You do not terminate the Services within this period, You agree to accept any such changes. Please check the MOOLAH WIRELESS website often for updates and changes.
Except for the limited warranties expressly set forth in these terms and conditions, and to the extent permitted by law, the Services and Mobile Devices are provided on an “as is” and “with all faults” basis and without any other warranties (including express or implied) of any kind to the fullest extent permitted by law. Moolah Wireless makes no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your Services or your Mobile Devices. Moolah Wireless cannot promise uninterrupted or error-free service and does not authorize anyone to make any warranties on our behalf. Moolah Wireless does not guarantee that your communications will be private or secure; such interceptions can occur and Moolah Wireless shall have no liability in the event that your communications are intercepted.
Moolah Wireless customers have free access to 911. Occasionally, however, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go though and you should dial 911 from the nearest landline phone. Public safety officials advise that when making 911 or other emergency calls, you should always be prepared to provide your location information. Unlike traditional landline phones, depending on a number of factors (for example, whether your device is GPS-enabled, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your phone number, your location, or the location of your device. In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service (“E911”)–where enabled by local emergency authorities–uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some devices have a safety feature that prevents use of the keypad after dialing 911– you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls.
Moolah Wireless offers customers an allotment of megabytes of broadband to access Internet content (“Data” or “Data Services”) in its Lifeline Program. Data Services offer access to many forms of Data content such as Internet, text, pictures, music, email, or other materials. Some Data content that Subscribers will access may come from third-party websites or services. Data content from third parties may harm the Mobile Device or its software. Some of this Data content may be: (i) offensive, indecent, or objectionable; (ii) unreliable and inaccurate; and (iii) otherwise unsuitable for minors.
Subscribers of Moolah Wireless Data Services are solely responsible for evaluating the Data content accessed while using the Services and Moolah Wireless strongly recommends that You monitor Data usage by minors. Moolah Wireless, for any reason and at its sole discretion, may place restrictions on accessing certain Data content or terminate a Subscriber’s access to Data Services for a violation of these Terms, but is not required to do so. Moolah Wireless supports the use of Data content, but, Moolah Wireless makes no representations or warranties (expressed or implied), to the fullest extent permitted by law, including, any warranty of merchantability, fitness for a particular purpose, service quality of content, non-infringement, performance, accuracy, or efforts of any third party’s Data content or to third party Data content a Subscriber may access while using the Services.
Moolah Wireless does not have control over the Data content provided on a third party’s site that a Subscriber may access. If a Subscriber uses their Mobile Device to browse the Internet, their telephone number or other information may be transmitted over the Internet. By activating or using a MOOLAH WIRELESS Mobile Device and/or using the Data Services, Subscribers understand any risks associated with accessing Data via their Mobile Device, and agree they have been notified of such risks.
There may be an additional one-time charge for any content you select to download (“Content Charge”). The Content Charges vary depending on the type of content. You will be advised of the Content Charges prior to finalizing your purchase. The Data Services you purchase and download may only be used or viewed on the phone for which they were purchased and cannot be transferred to any other device, including a new or replacement Mobile Device.
Modifications, Interruptions, or Discontinuation of Data Service: Moolah Wireless does not guarantee the availability of Data Services on all of its Mobile Device models nor does it guarantee the availability of Data Services at all times. Moolah Wireless reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in certain areas. Moolah Wireless is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, for which you subscribe, are modified, interrupted, discontinued or canceled, you will not receive a refund or credit from Moolah Wireless for any remaining used or unused subscription time. If you cancel or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be charged in accordance with the Terms and Conditions of Service set forth herein.
MOOLAH WIRELESS IS NOT LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS (REGARDLESS OF WHETHER MOOLAH WIRELESS HAS BEEN NOTIFIED SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN ITS PROVISION OF MOBILE DEVICE AND/OR SERVICES. MOOLAH WIRELESS WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF MOOLAH WIRELESS SERVICES OR ANY EQUIPMENT OR FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE OR EQUIPMENT PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. WHEN YOUR MOOLAH WIRELESS MOBILE DEVICE IS RETURNED TO MOOLAH WIRELESS FOR ANY REASON, MOOLAH WIRELESS IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INFORMATION SUCH AS USER NAMES, PASSWORDS, CONTACTS, PICTURES, SMS, MMS, AND/OR ADDITIONAL DOWNLOADS YOU MAY HAVE STORED ON YOUR MOBILE DEVICE OR WHICH MAY REMAIN ON YOUR MOBILE DEVICE.
You agree to indemnify and hold harmless Moolah Wireless and all affiliated or related companies, directors, officers, employees, and representatives from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties against you (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a Moolah Wireless Mobile Device and/or use of the MOOLAH WIRELESS Lifeline Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
If You in good faith dispute any portion of any Moolah Wireless invoice, You shall submit to Moolah Wireless written documentation identifying and substantiating the disputed amount. Billing disputes and written documentation may be submitted by fax at 1-855-837-5465 or by mail to MOOLAH WIRELESS, LLC, Attn: Customer Support, 499 E Sheridan Street, Suite 300, Dania, Florida 33004. Subject to state law, if You do not report a dispute within sixty (60) days following the date on the applicable invoice, You shall have waived Your right to dispute that invoice. Any disputed amounts resolved in favor of You shall be credited to Your account. Any disputed amounts determined payable by You to Moolah Wireless shall be due within ten (10) days of the resolution of the dispute. Moolah Wireless may, without the obligation to arbitrate, seek to recover amounts owed to it by You in any court with jurisdiction. Otherwise, any dispute arising out of or relating to these Terms that has not been resolved by the good-faith efforts of the parties (see Binding Arbitration below) shall be settled only by binding arbitration, which may be initiated by either Party, and conducted in accordance with these Terms. If any unauthorized or disputed charge appears on a Subscriber’s statement for a third-party product, the Subscriber must contact that third-party directly. Third-party contact information is also available by calling Moolah Wireless at 1-855-754-6543
In addition to Your rights and obligation under the Billing and Other Disputes provision of These Terms, You agree to contact Moolah Wireless with any disputes by calling Moolah Wireless at 1-855-754-6543 or writing to MOOLAH WIRELESS, LLC, 499 E Sheridan Street, Suite 300, Dania, Florida 33004, or by fax at 1-855-837-5465. You must provide a description of the dispute, all relevant information, any supporting documentation, and the proposed dispute resolution. A Moolah Wireless Customer Support representative will contact You at the last address You have provided or by phone. Moolah Wireless agrees to negotiate in good faith to resolve any dispute You may have. You agree to pay the full amount reflected on any account statement, even while a dispute is being resolved. If a dispute resolution is not reached within 30 days after notice of dispute was given, either Party may commence a binding arbitration proceeding in accordance with the Binding Arbitration provision of these Terms.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION), EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR MOOLAH WIRELESS MOBILE DEVICE THIS SECTION REQUIRES MANDATORY ARBITRATION FOR ALL OTHER CLAIMS RELATING TO YOUR MOOLAH WIRELESS MOBILE DEVICE ITS SOFTWARE, AND THE SERVICES, INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF MOOLAH WIRELESS’ AGREEMENT WITH YOU.
This provision is intended to encompass all disputes or claims arising out of your relationship with Moolah Wireless, relating to the Moolah Wireless Lifeline Service, or involving any equipment used in connection with the MOOLAH WIRELESS Lifeline Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) and your use of the Moolah Wireless Mobile Device and Services. The sole exception to this provision is your unauthorized resole, export, alteration, and/or tampering of your Moolah Wireless Mobile Device. Nothing contained in this arbitration provision shall preclude Moolah Wireless from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your Moolah Wireless phone, in state or federal court. References to you and Moolah Wireless include its respective subsidiaries, affiliates, predecessors in interest, successors, assigns, directors, officers, employees, and representatives. All claims and disputes, except those excluded above, will be resolved by binding arbitration. You must first present any claim or dispute to Moolah Wireless by contacting Customer Support to allow Moolah Wireless the opportunity to resolve the dispute prior to initiating arbitration. After a period of at least thirty (30) days, either party may arbitrate the dispute in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this agreement, to be conducted by a single arbitrator in Dania, Florida unless Moolah Wireless and you agree otherwise. You and Moolah Wireless agree that use of the MOOLAH WIRELESS Lifeline Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and Moolah Wireless agree that any arbitration will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one Subscriber’s claims, and may not otherwise preside over any form of a representative or class proceeding. All fees and expenses of arbitration will be paid by the prevailing party.
If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Except where prohibited by law, Moolah Wireless and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor Moolah Wireless shall disclose the existence, contents, or results of any arbitration, except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
This Agreement and any arbitration under this Agreement shall be construed under and apply the laws of Florida, without regard to its choice of law rules and regardless of the cause of action asserted, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where you reside or where you use or pay for the Services.
APP Data Usages. Some Moolah Wireless Plans also provide data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.
Moolah Wireless is willing to grant you the right to use the Services only on the condition that you accept all of the provisions contained in these Terms and within our Privacy Policy. By using our Services, you acknowledge and agree that you have read and understand our Terms and Privacy Policy and accept them in their entirety.
Some apps, content, programs, and software that you download or that come pre-loaded on your Phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high-speed data provided by the Plan you purchased whenever your Phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your Phone, will count against your data balance.
For content downloads from the internet or an app store, you may incur a charge for the content you download (a “Content Charge”) from the provider of the content you have purchased. Unless Moolah Wireless is the provider of such content, you agree that Moolah Wireless is not responsible for the purchase, download, transfer, installation, use, transmission failure, interruption, or delay, or any web content, app store, or a app you access or purchase. Any support questions related to third-party downloads, including, but not limited to web content and apps should be directed to the third-party provider and not Moolah Wireless.When you use, download, or install web content and/or apps provided or sold by a third-party, you may be subject to separate terms and conditions, terms of use, privacy policies and other policies of the third-party. You agree that Moolah Wireless is not responsible nor liable to you for any third-party content, advertisements, websites, app stores, or apps you may download or access using your phone.
If you visit or use any third-party website, app store, or app, the third party may access, collect, use or disclose your personal information or require that the network carrier disclose your personal information, including, your location information (if applicable). If you access or use any third-party apps while using Moolah Wireless’s Data Services, you agree and authorize Moolah Wireless and the network Carrier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. You should refer to the third-party’s privacy policy for information regarding the use of information collected when you download, install, or use web content or applications from that third party.
Not all of the online content which is accessible to one using Moolah Wireless Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Moolah Wireless’s Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.
Content and Applications. Your device comes preloaded with apps and software, you agree when applying for service with Moolah Wireless that you will indemnify and hold harmless, Moolah Wireless of all Liabilities for such preloaded software being installed on your device. You can purchase Content and Applications (for example, downloadable, streaming or networked applications, wallpapers, ringtones, games, productivity tools and video) (“Content and Apps”) for and with your compatible wireless device. Some Content and Apps that you can purchase with your wireless device are not sold by Moolah Wireless and for such Content and Apps, you can identify the third-party seller at the point of purchase. Moolah Wireless is not responsible for such Content and Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and Apps. Any support questions for such Content and Apps should be directed to the third-party seller identified at the point of purchase. When you download or install any Content and Apps sold by a third-party seller, you may be subject to license terms between you and the third-party seller and Content and Apps creator/owner. When you use, install, display, run, or listen to Content and Apps that you purchase from Moolah Wireless, the Content and Apps are licensed to you by Moolah Wireless and may be subject to additional license terms between you and the creator/owner of the Content and Apps. Whether purchased from Moolah Wireless or a third-party seller, any Content and Apps you purchase are licensed for personal, lawful, non-commercial use on your wireless device only. You may not transfer, copy, or reverse engineer any Content and Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content and Apps. Content and Apps may not be transferable from one wireless device to another wireless device. You understand and agree that the Content and Apps contain the intellectual property of third parties. You understand and agree that the Content and Apps are protected by law (including copyright law) and are solely for your personal, non-commercial use. You agree to comply with all applicable laws (including copyright law) and may only make such copies as are reasonably necessary for your personal and non-commercial use. You agree that any other redistribution, reproduction, transmission, communication, sale, use (including, except in the case of Ringtones, as a “ringer” for a telephone), broadcast, public performance, rental or lending, adaptation, sub-license or other use of the Content and Apps without the prior written consent of the copyright owner is prohibited. You understand and agree that all rights not expressly granted herein are reserved by the applicable content owner.
Third Party Applications. Your location can be identified while using GPS applications. It is your responsibility to notify Authorized Users that their location can be identified while using GPS applications. If you use a third-party application, the application may access, collect, use or disclose your personal information or require Moolah Wireless to disclose your information, including location information (when applicable), to the application provider or some other third party. If you access, use or authorize third party applications through the Services, you agree and authorize Moolah Wireless to provide information related to your use of the Services or the application(s). You understand that your use of third-party applications is subject to the third party’s terms and conditions and policies, including the third party’s privacy policy. You agree that any Authorized User may access, use or authorize Moolah Wireless or third-party location-sensitive applications through the Services. You understand that your use of such location-sensitive applications is subject to the application’s terms and conditions and policies, including its privacy policy. If you activate location-sensitive services for wireless devices used by other Authorized Users, you agree to inform the Authorized User(s) of the terms of use for location-sensitive applications and that the wireless device may be located. For additional information on location-sensitive services, see our Privacy Policy at our website.
Indemnification. You release us and will indemnify, defend, and hold harmless Moolah Wireless and its affiliates, and their respective officers, directors, employees, and agents, against any claim, loss, damage, settlement, cost, expense, or other liability (including attorneys’ fees) arising from or related to (a) any and all Preloaded App(s), Generated App(s), Submitted Materials, or your use of the Service; or (b) your breach of or non-compliance with this Agreement (each, a “Claim”). You will not consent to the entry of a judgment or settle a Claim without our prior written consent. You will use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations). Your obligations under this section are independent of your other obligations under this Agreement.
By agreeing to these Terms, You also agree to the terms of the Moolah Wireless Privacy Policy. The Privacy Policy may change from time to time so review it with regularity and care. We share information that identifies you personally with vendors that perform services for us or that support Products or Services provided to you, including marketing or ad delivery services. We do not require consent for sharing with our vendors for these purposes. We do not allow those vendors to use your information for any purpose other than to perform those services, and we require them to protect the confidentiality and security of data they get from us in a way that’s consistent with this Policy. It includes important information on what information Moolah Wireless collects about You, how Moolah Wireless uses this information and with whom Moolah Wireless shares that information, as well as provides Your options regarding how Moolah Wireless uses Your information. Moolah Wireless may disclose to law enforcement authorities and governmental agencies any information about You, including but not limited to, Your name, account information, account history, or other information.
TCPA DISCLOSURE
To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording. You agree that Moolah Wireless may from time to time make calls and/or send text messages to you at any telephone numbers associated with your account, including wireless telephone numbers that could result in charges to you.
By using this website you consent and acknowledge that Moolah Wireless may from time to time may send emails and make calls and/or send text messages and to you at any email addresses and/or telephone numbers associated with your account, including home, work and wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that Moolah Wireless may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. Consent may be revoked at any time and by any reasonable means.
Privacy policy is available online at https://qlinkwireless.com/privacy.aspx.
Your Moolah Wireless Mobile Device shall have up to 14 days of limited warranty from the activation date of your phone, set forth below, administered by Moolah Wireless. This limited warranty covers against defects in materials and workmanship under normal use by the Subscriber.
How to Obtain Warranty Service:
To obtain warranty service from Moolah Wireless for your Mobile Device, contact Customer Support by dialing *611 from your MOOLAH WIRELESS phone or calling 1-855-754-6543. If your problem cannot be resolved over the phone, our Moolah Wireless technicians will provide you with an RMA number, which you will use to send your phone to the designated MOOLAH WIRELESS Lifeline Service Center for replacement, at Moolah Wireless’s discretion.
Terms of Limited Warranty:
Moolah Wireless warrants you (the Consumer) that your Moolah Wireless Mobile Device (Product) is free from defects in material and workmanship that may result in Product failure during normal usage, according to the following Terms and Conditions of Service:
1. The limited warranty for the Product begins on the first date of phone activation.
2. The limited warranty extends only to the original Subscriber of the Product. Lifeline service is non-transferable.
3. The limited warranty is not assignable or transferable to any subsequent end-user.
4. During the limited warranty period, Moolah Wireless will replace, at Moolah Wireless’s sole discretion, any defective Product or parts (except as excluded below) with a new or refurbished replacement Product based on the following conditions:
a. The Product or parts do not properly operate for their intended use (except as excluded below).
b. The Product or parts are malfunctioning or failing during normal usage.
c. Moolah Wireless may, at its sole discretion, replace the Product with a refurbished Product of the same model if available, or if not available will replace with a comparable Product.
d. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts.
e. Moolah Wireless shall not be liable for any other losses or damages, or claimed losses or damages resulting from the malfunction of a Product. These remedies are the Consumer’s exclusive remedies for breach of warranty.
5. The Subscriber shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
a. The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Moolah Wireless, including damage caused by shipping.
b. The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source.
c. Moolah Wireless was not advised by the Consumer of the alleged defect or malfunction of the Product within fourteen (14) days of delivery of the Product.
d. The Product serial number plate or the enhancement data code has been removed, defaced, or altered.
e. The defect or damage was caused by the defective function of the cellular system, by inadequate signal reception from the external antenna, by viruses, or by other software problems introduced into the Product.
f. The Product is outside of the limited warranty period.
Moolah Wireless reserves the right to charge state and local sales taxes. You are responsible for payment or reimbursement to Moolah Wireless of any fees, taxes or surcharges that are imposed or authorized by regulatory and governmental entities, including but not limited to, any and all applicable federal, state, local or foreign use, excise, sales, gross receipts or privilege taxes, charges or surcharges (however designated), regulatory fees, value-added and other taxes, levies, surcharges, duties, fees, pay-phone service provider compensation or other related surcharges, chargeable to or against Moolah Wireless or the Subscriber because of the Services provided to You, as well as MOOLAH WIRELESS administrative fees. You shall indemnify, defend and hold harmless Moolah Wireless against any damages, losses, claims or judgments arising out of any exemption claimed by You or Your failure to pay taxes or regulatory fees, including, without limitation, any liens, attachments, fines or penalties. Taxes, surcharges and other fees are subject to change without notice.
If a regulatory body, or a court of competent jurisdiction, issues a rule, regulation, law or order that has the effect of materially increasing the cost to provide Services hereunder or canceling, changing, or superseding any material term or provision of these Terms (collectively “Regulatory Requirement”), then these Terms shall be deemed modified in such a way as is consistent with the form, intent and purpose of these Terms and as is necessary to comply with such Regulatory Requirement. If the change has a material adverse impact on Your use of the Services, Moolah Wireless will provide advance notice to You of the change. You may terminate the Services within 30 days of receiving such notice. If You do not terminate the Services within this period, You agree to accept any such changes.
Moolah Wireless intends to fully comply with the Communications Assistance for Law Enforcement Act and other similar laws or regulations. By use of the Services, You agree that, if and as required by law enforcement entities, Moolah Wireless may monitor or facilitate monitoring, and otherwise disclose the nature and content of communications transmitted through the Services or the Mobile Device without any further notice or liability.
These Terms shall be construed under the laws of Broward County Florida, without regard to its choice of law rules or Your actual state of residence, except for the arbitration provision contained in these Terms, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside or where You use or pay for the Services. Any claims, legal proceeding or litigation not subject to the arbitration provision pursuant to this clause must be brought solely in the Southern District of Florida or Florida courts situated therein, and You consent to the jurisdiction of such courts.
You shall comply with all laws, statutes, ordinances, codes, regulations and other pronouncements having the effect of law of any government authority with respect to its use of the Services.
No assignment of these Terms or any rights or obligations hereunder, by operation of law or otherwise, shall be made by You without the prior written consent of Moolah Wireless, such consent not to be unreasonably withheld.
You may contact Moolah Wireless at: 1-855-754-6543 or writing to MOOLAH WIRELESS, LLC, 499 E Sheridan Street, Suite 300, Dania, Florida 33004, or by fax at 1-855-837-5465.
These Terms, together with any appendices, addenda, order forms, attachments, schedules, policies and exhibits attached hereto, all of which are incorporated by reference, sets forth the entire understanding of the Parties hereto with respect to the transactions contemplated hereby. Any and all previous agreements and understandings between or among the Parties regarding the subject matter hereof, whether written or oral, are superseded by these Terms. If any part of the Agreement held to be invalid or unenforceable, the rest of the Agreement remains in full force and effect. The rights, obligations and commitments under these Terms that by their nature would logically continue after the termination of the Agreement, including dispute resolution, limitation of liability, no class action, no jury trial, payment obligations, etc., shall survive the termination of the Services.
MOOLAH WIRELESS REFER-A-FRIEND PROGRAM TERMS AND CONDITIONS
Moolah Wireless may, from time to time, offer users of the Moolah Wireless Lifeline Service the opportunity to earn rewards by referring friends to try the Moolah Wireless Lifeline Service (“Moolah Wireless Refer-a-Friend® Program” or “the Program”). Moolah Wireless and its designees reserve the right to terminate the Program at any time for any reason.
These Terms and Conditions shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.
1.Privacy
Individuals may participate in the Program to recommend services or content made available by Moolah Wireless to their friends, family, or colleagues (“Users”). To do this, Users must submit personal information about themselves and their friends, family members, or colleagues, such as name and email address information, so that Moolah Wireless can send these recommendations on their behalf. The personal information will be collected, processed, and used in accordance with Company’s Privacy Policy, which can be found at www.QLinkWireless.com/Privacy.aspx.
In addition, personal information may be used by Moolah Wireless to contact Users with regard to their participation in the Program and to receive advertisements and/or communications from Moolah Wireless. When a User provides personal information about his/her friends, family members, or colleagues to receive communications via the Program, the provided personal information will be used by Moolah Wireless for sending these communications on behalf of the User. The User understands that Moolah Wireless may send out additional follow-up communications on behalf of the User to encourage or remind their friends, family members, or colleagues to complete the registration process, and for third party advertisement.
2.How the Program Works
Program Participation:
To participate, visit www.QLinkWireless.com and follow the on-screen instructions to refer as many friends, family members, or colleagues as you wish to the Q-Link Wireless Lifeline Program by entering the friends’ names and email addresses in the “Refer-A-Friend” box.
Users who refer are called “Referrers”; individuals who are referred are called “Referees.” For every Referee (defined below), the Referrer may be eligible to receive “Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions. We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
Eligibility:
Referrers must be legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam who:
1. Are current Moolah Wireless Lifeline Subscriber who maintains Lifeline eligibility at the time of the referral and at the time the Reward Credit is given;
2. Are 18 years of age or older.
3. Have the legal right to provide the personal information (e.g.: name and email address) of each Referee.
4. Are not currently employed by Moolah Wireless, are immediate family members of Moolah Wireless employees, or Moolah Wireless Released Parties, or their subsidiaries, affiliates, or promotional agencies.
Qualified Referrals:
Referrers may only refer third-party individuals who meet the requirements of these Terms and Conditions.
Credit can only be awarded for “Qualified Referrals.” A Qualified Referral means that all the following conditions are met:
1. The Referee completed the registration process by signing up over the phone or online at QLinkWireless.com;
2. The Referrer and the Referee are both qualified for Moolah Wireless Lifeline at the time of referral and at the time Reward Credit is given;
3. The Referee was not previously registered with the Moolah Wireless Lifeline Service under any email address or alias;
4. The Referrer and the Referee are both legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam, and are 18 years or older;
5. Only one Qualified Referral can be earned for each Qualified Referee. Any additional participation in the MOOLAH WIRELESS Lifeline Services or subsequent purchases made by the Referee will not be counted as Qualified Referrals;
6. Both the Referee and the Referrer meet all requirements set forth by Moolah Wireless and rules of the Lifeline program as set forth by federal and state agencies.
Earning Rewards
Referrer shall receive various promotional credits from Moolah Wireless in the form of free or discounted services, at MOOLAH WIRELESS’s sole discretion. All credits exclude applicable surcharges, fees, and taxes. Credit(s) have no cash value, are non-refundable, and non- transferable. If either Referrer or Referee cancels before 90 days from the date the Referee subscribes to Moolah Wireless Lifeline Service, this will result in the loss of and/or chargeback of associated credits.
The offer is good while supplies last. Certain types of referrals, including but not limited to referring oneself or someone living in the same residence as Referrer, are prohibited. Moolah Wireless purchases made at retail are not eligible for Refer-A-Friend® program. Moolah Wireless customers who have cancelled service within the last 90 days are not eligible for this offer.
Credits are subject to verification. Moolah Wireless and its designees may withhold a Credit for investigation or refuse to process any transaction Moolah Wireless deems fraudulent, suspicious, in violation of these Terms and Conditions, or may impose liability on Moolah Wireless, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. Credit and/or Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Moolah Wireless account for any reason, any unredeemed Credit and/or Rewards accumulated by Referrer are forfeited. Moolah Wireless and its designees’ decisions are final and binding, including decisions as to whether a Qualified Referral Credit is valid.
Moolah Wireless Identity Verification SMS Programs
1. This campaign sends one-time verification codes to our end users mobile numbers when they are interested in accessing various actions that require a verified identity on our Moolah Wireless websites or for access to download Moolah applications, such as the Moolah Guardian app.
2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at Support@moolahwireless.com.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will only receive messages per request of a one-time verification code. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our Terms and Conditions: https://moolahwireless.com/term-and-conditions/
CAN-SPAM Act
Messages sent to Referees comport with the requirements of the CAN-SPAM Act. As a result, MOOLAH WIRELESS’s email messages to Referees will:
1. Accurately identify Moolah Wireless as the entity who initiated the message;
2. Identify the message as an advertisement for Moolah Wireless Lifeline Services;
3. Inform the Referee of Moolah Wireless’s valid physical postal address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations;
4. Inform Referee how to opt out of receiving future emails relating to the Program. The message to the Referee will include a clear and conspicuous explanation of how the Referee can opt out of getting email in the future, including the option to stop all commercial messages from Moolah Wireless; and
5. Honor opt-out requests received within ten (10) business days if received by Moolah Wireless within thirty (30) days of the date when the original message was sent. Once a Referee opts-out Moolah Wireless will not sell or transfer the Referee’s email addresses, even in the form of a mailing list, except for purposes of complying with the CAN-SPAM Act.
3.Liability
By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Moolah Wireless and/or its designees, and the Privacy Policies of Moolah Wireless; b) to release and hold harmless Moolah Wireless and its designees, their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s) and/or the awarding, receipt, and/or use or misuse of the Program or any Reward); and (c) to be contacted by Released Parties via email.
The Released Parties reserve the right to make changes or additions to these Terms and Conditions for any reason at any time. Released Parties’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications, or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to, alteration of, or entry into other materials; (iv) any injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program. Released Parties disclaim any liability for damage to any computer system resulting from participating in (or accessing or downloading information in connection with) the Program, and reserve the right, at their sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond the Released Parties’ control, corrupt the administration, security, or proper play of the Program.
The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any Acts of God, action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential, and/or any other damages, and waive any and all rights to have damages multiplied or otherwise increased.
Released Parties reserve the right to cancel or suspend this Program for any reason, including if it determine, in its sole discretion, that the administration, security, or fairness of this Program has been compromised in any way.
4. Applicable Law
Any and all disputes, claims, and causes of action arising out of or related to this Program or any prize awarded shall be resolved under Florida law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the binding and mandatory arbitration provisions contained in the MOOLAH WIRELESS Terms and Conditions, incorporated herein.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS THROUGH MANDATORY ARBITRATION FOR ALL CLAIMS RELATING TO THE PROGRAM INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF MOOLAH WIRELESS’ AGREEMENT WITH YOU.
5. Publicity
Participation in the Program and/or acceptance of a Reward constitutes permission for Moolah Wireless and its designees to use any User’s first and last name, company name, profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis, and in all forms of media without review, permission, or further compensation of any amount or kind whatsoever, where permitted by law.
6. Prohibited Conduct
Users agree not to use the Program to:
• Violate applicable law;
• Infringe upon the intellectual property rights of the Moolah Wireless and its designees or any third parties;
• Stalk, harass, or harm another individual;
• Collect or store personal data about other Users;
• Impersonate any person, or otherwise misrepresent the User’s identity;
• Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
• Interfere with another User’s use of the Program;
• Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
• Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
• Conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
• Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.
Moolah Wireless and its designees may prohibit a User from participating in the Program or receiving a Credit or Reward, at their sole discretion, if they determine such User is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or by intending to annoy, abuse, threaten, or harass any other users or representatives of Moolah Wireless and its designees. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot, or other device or artifice to participate in the Program or receive a Reward. Moolah Wireless and its designees reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro, or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, Moolah Wireless and its designees RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
These Terms, together with any appendices, addenda, order forms, attachments, schedules, policies and exhibits attached hereto, all of which are incorporated by reference, sets forth the entire understanding of the Parties hereto with respect to the transactions contemplated hereby. Any and all previous agreements and understandings between or among the Parties regarding the subject matter hereof, whether written or oral, are superseded by these Terms. If any part of the Agreement held to be invalid or unenforceable, the rest of the Agreement remains in full force and effect. The rights, obligations and commitments under these Terms that by their nature would logically continue after the termination of the Agreement, including dispute resolution, limitation of liability, no class action, no jury trial, payment obligations, etc., shall survive the termination of the Services.
MOOLAH WIRELESS REFER-A-FRIEND PROGRAM TERMS AND CONDITIONS
Moolah Wireless may, from time to time, offer users of the Moolah Wireless Lifeline Service the opportunity to earn rewards by referring friends to try the Moolah Wireless Lifeline Service (“Moolah Wireless Refer-a-Friend® Program” or “the Program”). Moolah Wireless and its designees reserve the right to terminate the Program at any time for any reason.
These Terms and Conditions shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.
1.Privacy
Individuals may participate in the Program to recommend services or content made available by Moolah Wireless to their friends, family, or colleagues (“Users”). To do this, Users must submit personal information about themselves and their friends, family members, or colleagues, such as name and email address information, so that Moolah Wireless can send these recommendations on their behalf. The personal information will be collected, processed, and used in accordance with Company’s Privacy Policy, which can be found at www.QLinkWireless.com/Privacy.aspx.
In addition, personal information may be used by Moolah Wireless to contact Users with regard to their participation in the Program and to receive advertisements and/or communications from Moolah Wireless. When a User provides personal information about his/her friends, family members, or colleagues to receive communications via the Program, the provided personal information will be used by Moolah Wireless for sending these communications on behalf of the User. The User understands that Moolah Wireless may send out additional follow-up communications on behalf of the User to encourage or remind their friends, family members, or colleagues to complete the registration process, and for third party advertisement.
2.How the Program Works
Program Participation:
To participate, visit www.QLinkWireless.com and follow the on-screen instructions to refer as many friends, family members, or colleagues as you wish to the Q-Link Wireless Lifeline Program by entering the friends’ names and email addresses in the “Refer-A-Friend” box.
Users who refer are called “Referrers”; individuals who are referred are called “Referees.” For every Referee (defined below), the Referrer may be eligible to receive “Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions. We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
Eligibility:
Referrers must be legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam who:
1. Are current Moolah Wireless Lifeline Subscriber who maintains Lifeline eligibility at the time of the referral and at the time the Reward Credit is given;
2. Are 18 years of age or older.
3. Have the legal right to provide the personal information (e.g.: name and email address) of each Referee.
4. Are not currently employed by Moolah Wireless, are immediate family members of Moolah Wireless employees, or Moolah Wireless Released Parties, or their subsidiaries, affiliates, or promotional agencies.
Qualified Referrals:
Referrers may only refer third-party individuals who meet the requirements of these Terms and Conditions.
Credit can only be awarded for “Qualified Referrals.” A Qualified Referral means that all the following conditions are met:
1. The Referee completed the registration process by signing up over the phone or online at QLinkWireless.com;
2. The Referrer and the Referee are both qualified for Moolah Wireless Lifeline at the time of referral and at the time Reward Credit is given;
3. The Referee was not previously registered with the Moolah Wireless Lifeline Service under any email address or alias;
4. The Referrer and the Referee are both legal residents of the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam, and are 18 years or older;
5. Only one Qualified Referral can be earned for each Qualified Referee. Any additional participation in the MOOLAH WIRELESS Lifeline Services or subsequent purchases made by the Referee will not be counted as Qualified Referrals;
6. Both the Referee and the Referrer meet all requirements set forth by Moolah Wireless and rules of the Lifeline program as set forth by federal and state agencies.
Earning Rewards
Referrer shall receive various promotional credits from Moolah Wireless in the form of free or discounted services, at MOOLAH WIRELESS’s sole discretion. All credits exclude applicable surcharges, fees, and taxes. Credit(s) have no cash value, are non-refundable, and non- transferable. If either Referrer or Referee cancels before 90 days from the date the Referee subscribes to Moolah Wireless Lifeline Service, this will result in the loss of and/or chargeback of associated credits.
The offer is good while supplies last. Certain types of referrals, including but not limited to referring oneself or someone living in the same residence as Referrer, are prohibited. Moolah Wireless purchases made at retail are not eligible for Refer-A-Friend® program. Moolah Wireless customers who have cancelled service within the last 90 days are not eligible for this offer.
Credits are subject to verification. Moolah Wireless and its designees may withhold a Credit for investigation or refuse to process any transaction Moolah Wireless deems fraudulent, suspicious, in violation of these Terms and Conditions, or may impose liability on Moolah Wireless, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. Credit and/or Rewards are not transferable and may not be auctioned, traded, bartered, or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Moolah Wireless account for any reason, any unredeemed Credit and/or Rewards accumulated by Referrer are forfeited. Moolah Wireless and its designees’ decisions are final and binding, including decisions as to whether a Qualified Referral Credit is valid.
Moolah Wireless Identity Verification SMS Programs
1. This campaign sends one-time verification codes to our end users mobile numbers when they are interested in accessing various actions that require a verified identity on our Moolah Wireless websites or for access to download Moolah applications, such as the Moolah Guardian app.
2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at Support@moolahwireless.com.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will only receive messages per request of a one-time verification code. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our Terms and Conditions: https://moolahwireless.com/term-and-conditions/
CAN-SPAM Act
Messages sent to Referees comport with the requirements of the CAN-SPAM Act. As a result, MOOLAH WIRELESS’s email messages to Referees will:
1. Accurately identify Moolah Wireless as the entity who initiated the message;
2. Identify the message as an advertisement for Moolah Wireless Lifeline Services;
3. Inform the Referee of Moolah Wireless’s valid physical postal address, a post office box registered with the U.S. Postal Service, or a private mailbox registered with a commercial mail receiving agency established under Postal Service regulations;
4. Inform Referee how to opt out of receiving future emails relating to the Program. The message to the Referee will include a clear and conspicuous explanation of how the Referee can opt out of getting email in the future, including the option to stop all commercial messages from Moolah Wireless; and
5. Honor opt-out requests received within ten (10) business days if received by Moolah Wireless within thirty (30) days of the date when the original message was sent. Once a Referee opts-out Moolah Wireless will not sell or transfer the Referee’s email addresses, even in the form of a mailing list, except for purposes of complying with the CAN-SPAM Act.
3.Liability
By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Moolah Wireless and/or its designees, and the Privacy Policies of Moolah Wireless; b) to release and hold harmless Moolah Wireless and its designees, their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys, and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation, or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs, or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury, or death caused to any person(s) and/or the awarding, receipt, and/or use or misuse of the Program or any Reward); and (c) to be contacted by Released Parties via email.
The Released Parties reserve the right to make changes or additions to these Terms and Conditions for any reason at any time. Released Parties’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications, or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays, or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to, alteration of, or entry into other materials; (iv) any injuries, losses, or damages of any kind resulting from acceptance, possession, or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative, or technological errors in any websites or materials associated with the Program. Released Parties disclaim any liability for damage to any computer system resulting from participating in (or accessing or downloading information in connection with) the Program, and reserve the right, at their sole discretion, to cancel, modify, or suspend the Program should a virus, bug, computer problem, unauthorized intervention, or other causes beyond the Released Parties’ control, corrupt the administration, security, or proper play of the Program.
The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any Acts of God, action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential, and/or any other damages, and waive any and all rights to have damages multiplied or otherwise increased.
Released Parties reserve the right to cancel or suspend this Program for any reason, including if it determine, in its sole discretion, that the administration, security, or fairness of this Program has been compromised in any way.
4. Applicable Law
Any and all disputes, claims, and causes of action arising out of or related to this Program or any prize awarded shall be resolved under Florida law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the binding and mandatory arbitration provisions contained in the MOOLAH WIRELESS Terms and Conditions, incorporated herein.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS THROUGH MANDATORY ARBITRATION FOR ALL CLAIMS RELATING TO THE PROGRAM INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF MOOLAH WIRELESS’ AGREEMENT WITH YOU.
5. Publicity
Participation in the Program and/or acceptance of a Reward constitutes permission for Moolah Wireless and its designees to use any User’s first and last name, company name, profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis, and in all forms of media without review, permission, or further compensation of any amount or kind whatsoever, where permitted by law.
6. Prohibited Conduct
Users agree not to use the Program to:
• Violate applicable law;
• Infringe upon the intellectual property rights of the Moolah Wireless and its designees or any third parties;
• Stalk, harass, or harm another individual;
• Collect or store personal data about other Users;
• Impersonate any person, or otherwise misrepresent the User’s identity;
• Interfere with, disrupt, or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
• Interfere with another User’s use of the Program;
• Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
• Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
• Conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
• Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others.
Moolah Wireless and its designees may prohibit a User from participating in the Program or receiving a Credit or Reward, at their sole discretion, if they determine such User is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices or by intending to annoy, abuse, threaten, or harass any other users or representatives of Moolah Wireless and its designees. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake email addresses or accounts, use fictitious identities or use any system, bot, or other device or artifice to participate in the Program or receive a Reward. Moolah Wireless and its designees reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro, or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
Consent
By using this app and its associated services, you acknowledge and agree to the following terms regarding the collection and use of demographic data for targeted advertising purposes:
1. Consent for Data Collection:
– You consent to the collection of demographic data, including but not limited to age, gender, and location, for the purpose of providing targeted advertisements.
2. Educational Records Exclusion:
– We do not collect or utilize any educational records covered by the Family Educational Rights and Privacy Act (FERPA) for advertising targeting.
3. Voluntary Participation:
– Your participation in targeted advertising is entirely voluntary, and you have the right to opt-out of demographic data collection for advertising purposes at any time.
4. Purpose of Data Usage:
– The demographic data collected is solely used to enhance your user experience by delivering advertisements tailored to your interests, without accessing or using any educational records.
5. Data Security:
– We prioritize the security of your data and implement industry-standard measures to safeguard against unauthorized access, disclosure, or alteration of your information.
6. Limited Sharing:
– We do not share your demographic data with third parties for purposes other than delivering targeted advertisements.
7. Right to Access and Correct Data:
– You have the right to access the demographic data we have collected about you and request corrections if necessary.
8. Revoking Consent:
– You may revoke your consent for demographic data collection at any time by adjusting your app settings.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, Moolah Wireless and its designees RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Moolah Wireless LLC is a registered trademark and a subsidiary of Quadrant Holdings Group, LLC.
Moolah Wireless intends to fully comply with the Communications Assistance for Law Enforcement Act and other similar laws or regulations. By use of the Services, You agree that, if and as required by law enforcement entities, Moolah Wireless may monitor or facilitate monitoring, and otherwise disclose the nature and content of communications transmitted through the Services or the Mobile Device without any further notice or liability.
