Service Agreement

SUBJECT TO CHANGE AT ANY TIME, this Prepaid Service Agreement for MCI Communications Services, Inc. ("MCI"), prepaid calling Cards, including MCI, Verizon and Verizon branded cards (collectively Cards"):

By purchasing or using a Card, You accept the Terms as they may be updated from time to time.

Based on Card features, you may use a Card for calls within the United States and between the United States and international locations, and you may use a Card to access available directory assistance services.

You may activate the Card at the retail location where you purchased it or by calling the activation number listed on the back of the Card.

Cards state expiration language on the back of each Card. If the Card contains no expiration language, the minutes on the Card will expire immediately after 12 months of non-use.

Please call the number listed on the back of your Card for 24-hour customer service. This number can be accessed from anywhere in the U.S.

Rates for domestic and international calls vary and are subject to change. Rates for intrastate calls may be higher than rates for interstate calls. For domestic rate information please call Customer Service.

Based on Card features, Card can be used to make calls from international locations. Calls made from international locations have a higher per-minute rate than international calls made from the United States. Rates may be higher for calls to and from international premium numbers. For specific international rate and surcharge information please call Customer Service before leaving the United States.

Cards have a maximum U.S. interstate telecommunications value of $0.35 per minute. Rates for intrastate calling are a multiple of the interstate call rate, as indicated by the multiplier in the chart below:

State Verizon Rate
CT, DC, IL, IN, KS, LA, MA, MD, MI, MS, OH, RI, SC, PR, USVI 1
CA, OR 2
AL, DE, FL, GA, HI, ME, NJ, NM, NV, NY, TN, TX, UT, VA, VT, WA, WI, WV 3
AR, CO, IA, KY, MT, NC, NE, NH, OK, PA, WY 5
AK, AZ, ID, MN, MO, ND, SD 8

Card pay phone calls have a pay phone surcharge of up to $1.25 or 35 Units per call. Pay phone surcharges are subject to change.

Verizon rounds completed calls to the next full minute and rounds the price of the call to the nearest whole cent. Verizon has calculated the rates listed in this document in United States Dollars.

Cards have no cash redemption value.

When placing a call to a toll-free number, normal call charges apply. You cannot use a Card to place calls to 700-, 900-, or 976-numbers. You may be unable to place calls to 800-, 888-, or 877- numbers. You cannot place certain operator-assisted, third party billed, or collect calls with a Card.

You may contact the state regulatory agency where you purchased the Card for service related concerns.

Please protect your Card. Verizon is not responsible for lost or stolen Cards, PINs or Passwords.

Verizon may deny or limit use of the Card for any lawful reason. Due to the portable nature of the Card, Verizon reserves the right to block without notice any Card that Verizon believes might have been used for fraudulent purposes. Verizon may also intercept Card calls for fraud avoidance. Verizon will provide subsequent voice notification of such blocking or termination. Verizon will unblock as soon as it determines it can do so without undue risk, and, upon your request, Verizon will assign a new Card or PIN to replace any that Verizon deactivated.

Verizon and its affiliates, distributors and agents will not be liable for any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties, preemption of existing services in compliance with any law, order, regulation or other action of any governing authority or agency thereof.

Verizon and its affiliates, distributors and agents make no express or implied representations or warranties about its or their services and disclaims any implied warranties, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Verizon and its affiliates, distributors and agents do not authorize anyone to make a warranty on the company's behalf and you may not rely on any statement of warranty as a warranty by Verizon.

You will indemnify, defend, and hold harmless Verizon and its affiliates, distributors and agents against all claims of loss or damage arising from use of your Card, including (a) allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Card, and (b) all other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Card.

Verizon and its affiliates, distributors and agents will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in Verizon offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with Verizon services.

With respect to any allegation, claim, or dispute related to use of the Card, the liability of Verizon and its affiliates, distributors and agents will be limited to the face value of the Card. In no event will Verizon and its affiliates, distributors and agents be liable for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, including lost profits.

This section provides for resolution of most disputes through arbitration instead of court proceedings, trials, and class actions. Arbitration is final and binding. If you have a dispute concerning your Card, please first call Customer Service. All disputes arising out of or related to these Terms (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) will be submitted either to the American Arbitration Association ("AAA") or to JAMS ("JAMS"), for final and binding arbitration. The arbitration will be conducted under the AAA Arbitration Rules for the Resolution of Consumer-Related Disputes Commercial Arbitration Rules ("AAA Rules") or the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"), respectively, as such rules are in effect on the date of commencement of the arbitration and as such rules are modified by these Terms. Either party may contact AAA in writing at AAA Central Case Management Center, 134555 Noel Road, Suite 1750, Dallas, TX 75240-6636, or JAMS in writing at 1101 17th St., NW, Suite 808, Washington, D.C. 20036. For more information regarding AAA or JAMS, you may visit their respective web sites at http://www.adr.org or http://www.jamsadr.com. Under the AAA Rules and the JAMS Rules, you also may have the right to take qualifying disputes to small claims court. The arbitration will be based only on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Additional charges may apply for such procedures. The arbitration will be conducted in accordance with the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"). The arbitrator will determine any controversy over whether an issue is arbitrable. Any court of competent jurisdiction may confirm or enforce the award. The USAA will govern all post-award proceedings. Currently, the AAA Rules provide for reduced filing fees for consumers. Unless otherwise provided for in the AAA Rules, the JAMS Rules, or in the arbitration award, Verizon and you will divide equally all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator. Each party will bear the cost of preparing and presenting its own case. Any in-person arbitration proceedings will be held at the location that AAA or JAMS selects unless otherwise mutually agreed upon by the parties. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. No dispute or claim may be brought as a class action or as a private attorney general, and you will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any dispute or claim related to the Card. Any dispute or claim arising out of or relating to these Terms must be brought within two years after the date on which the basis for the dispute or claim first arises or the period of time provided by statute.

Customers may not modify or assign the Terms. In its sole discretion, Verizon may modify and assign these Terms. Verizon reserves the right to transfer any and all PINS and their corresponding balances to a different service provider.

No waiver of the Terms is valid.

The Terms are binding upon you and Verizon and upon, respectively, your and Verizon's assignees and transferees. If any part or provision of these Terms is finally determined to be invalid or unenforceable under applicable law by a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of these Terms.

The Terms are governed by and construed under the laws of the State of New York and applicable federal law, without regard to choice of law principles.

 

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