Wave Terms and Conditions
WAVE TERMS AND CONDITIONS
THE WAVE PROGRAM IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH HEREIN. TRIANGLE MOBILE, WITH OFFICES AT 117 1ST STREET, HAVRE MT, 59501 AND 163 FOOD FARM AVE, HARLEM, MT 59526. TRIANGLE MOBILE IS ENTERING INTO A BINDING AGREEMENT WITH “YOU”, THE PARTICIPATING SUBSCRIBER. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS FOR PARTICIPATING IN WAVE. IF YOU PARTICIPATE IN THE WAVE PROGRAM, YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED BELOW (THE “AGREEMENT”).
I. Program Description (Generally). The WAVE program is a premium upgrade program for Triangle Mobile.
Customers who (i) have purchased a Triangle Mobile Device authorized to be used on Triangle Mobile’s network (“Device”) with an Equipment Installment Plan Agreement with Triangle Mobile or its assignee Creditor (“Equipment Installment Plan (EIP) Agreement”); and (ii) purchase a new Device, under an EIP Agreement from a participating Triangle Mobile store (“Triangle Mobile Upgrade”). When You trade in Your Eligible Device for a Triangle Mobile Upgrade, Triangle Mobile will remit, to Triangle Mobile or its assignee Creditor, subject to this Agreement, an amount equal to the current outstanding balance due on the EIP Agreement associated with the Eligible Device (“WAVE Program”).
II. Representations. By enrolling in the WAVE Program You represent and warrant that You:
a) are over the age of eighteen (18) and are free to enter into this Agreement; b) lawfully own the Eligible Device; c) understand that when You trade in Your Eligible Device for the WAVE benefit, You surrender ownership rights to the Eligible Device and Triangle Mobile is under no obligation to return the Eligible Device to You; and d) agree to provide Triangle Mobile with the information necessary to remit to Triangle Mobile or its assignee Creditor the amount equal to the current outstanding balance due on the EIP Agreement relevant to the Eligible Device.
III. Applicability. This Agreement is supplemental to, and separate from any service agreement(s) or other terms and conditions You have with Triangle Mobile including, but not limited to, Your wireless Services Agreement, Triangle Mobile Terms and Conditions, and the EIP Agreement (collectively the “Triangle Mobile Agreements”) and The Rescue Terms and Conditions and Wireless Equipment Insurance Program Certificate (collectively “Rescue Terms”). To the extent that these Terms and Conditions conflict with any other provision of any other terms and conditions of the Triangle Mobile Agreements, the provision(s) in the Triangle Mobile Agreements shall apply.
IV. In order to be eligible to receive benefits under the WAVE Program, You must satisfy the following eligibility requirements.
a) Program Eligibility. You must have an eligible wireless service plan, have purchased an Eligible Device from Triangle Mobile under an EIP Agreement, be enrolled in the WAVE Program no later than fourteen (14) days from purchase date of the Eligible Device or at such other times as may be identified, and regularly pay Your monthly WAVE Program charge when due. You must also be current and in good standing with Your (i) Rescue Terms; and (ii) Triangle Mobile Agreements.
b) Device Eligibility. The Eligible Device must (i) match the IMEI identified on the EIP Agreement, or at Triangle Mobile’s discretion any replacements provided by Triangle Mobile, the manufacturer, or by the administrator in accordance with the Rescue Terms; and (ii) power on and have its hardware and software operating in a manner consistent with the original Manufacturer’s specifications, and neither have a cracked screen nor water damage (“Good Working Order”) as determined by Triangle Mobile in its reasonable discretion (“Eligible Device”). You must also have paid at least 50% of Your Device cost for the Eligible Device.
V. Program Term. The WAVE Program is a month-to-month program and Your right to receive benefits afforded under WAVE is contingent upon Your continued Program Eligibility. Your participation in the WAVE Program is continuous until cancelled pursuant to Section XI.
VI. Requesting Program Benefits. You may request Your WAVE benefits in a manner that Triangle Mobile makes available to you, which may change from time to time. This includes: a) going to a participating Triangle Mobile location; Web and telephone upgrades are not available. You must then trade-in Your Eligible Device via one of the Triangle Mobile store locations.
VII. Trade-In and Evaluation Process. To trade in Your Eligible Device under the WAVE Program, You must surrender the Eligible Device and its battery to Triangle Mobile.
You must surrender the Eligible Device as follows:
In-Store: If You conduct Your Triangle Mobile Upgrade at a participating Triangle Mobile store and an authorized Triangle Mobile representative determines that Your Eligible Device is in Good Working Order, You will turn over Your Eligible Device to Triangle Mobile. Triangle Mobile will then remit to Triangle Mobile an amount equal to the outstanding balance due for the Eligible Device under the EIP Agreement at the time Triangle Mobile approves its condition for credit to Your Triangle Mobile account. If the Triangle Mobile representative reasonably determines that the Eligible Device is not in Good Working Order, You may file a claim for a replacement Device under the Rescue Terms. If the claim is approved and You have paid the applicable deductible amount, You may use the new Eligible Device as Your trade-in Device for Your WAVE benefit. The replacement Device’s IMEI will be updated on Your EIP Agreement. If You file a claim that is approved and completed as a Rescue and begin the Triangle Mobile Upgrade process using Your replacement Eligible Device under the WAVE Program, the claim will count towards the Rescue program’s benefit limits.
VIII. Benefit Limit. If Your Rescue coverage terminates, Your WAVE enrollment ends, and You will lose any unused WAVE benefits. Any WAVE benefits available to You must be used prior to receiving a replacement Device on the second approved claim for the Eligible Device during a 12-month period. See Rescue Terms for details. You may re-enroll in WAVE when You become eligible again as set out in Section IV.
IX. Your Obligation to Protect Your Private and Personal Information.
It is Your sole responsibility to protect or secure any information on Your Device. You are responsible for removing data and personal information, which includes, but is not limited to, SIM cards, memory cards, passwords, contacts, emails, pictures or calendars. Consult Your Users Guide to learn how to erase or remove such information. You may keep Your removable memory card. You are also obligated to reset Your Device to factory settings and disable any passwords or locking features. If you fail to do so, it will not be eligible for trade-in.
X. Transferability and Availability. This Agreement is non-transferable. The WAVE Program is available only in the United States.
XI. Cancellation. You may cancel the WAVE Program at any time for any reason by visiting location. If You cancel Your wireless service with Triangle Mobile for any reason, including nonpayment or if Triangle Mobile cancels Your wireless service, this constitutes cancellation of Your participation in the WAVE Program.
If You or Triangle Mobile cancel Your enrollment in the WAVE Program for any reason, You are no longer eligible for WAVE Program benefits or coverage under Rescue Terms
for the Eligible Device and may not re-enroll the same Eligible Device at a later date. See Your Rescue Terms for details about Your Handset Protection.
Triangle Mobile has the right to cancel Your WAVE Program benefits for cause, including, without limitation, in case of fraud or misrepresentation in any way by You, substantial breach of duties by You, or failure to maintain Your Triangle Mobile Agreements in good standing. Your participation in the WAVE Program is subject to our business policies, practices, and procedures, which we can change without notice. Triangle Mobile reserves the right to modify this Agreement or to cancel Your participation in the WAVE Program at any time, at Our sole discretion. If We materially change the WAVE Program or a term in this Agreement in a manner that is materially adverse to You, We will provide You with at least 30 days’ written notice of the effective date of the change. In the event the WAVE Program is cancelled (other than for cause) and You are currently eligible, You may receive one benefit under the WAVE Program prior to the effective date of the cancellation. No refunds will be provided. Cancellation will be effective even if You do not use the WAVE benefit.
XII. Waiver of Liability. IN NO EVENT SHALL TRIANGLE MOBILE OR THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of, from, or related to Your participation in the WAVE Program regardless of the form of action (including, but not limited to, negligence) and regardless as to whether Triangle Mobile has been advised of the possibility of any such loss or damage. In the event a court of competent jurisdiction finds this Section unenforceable, You agree that the extent of Triangle Mobile’s liability shall be no more than One Hundred Dollars ($100.00).
XIII. Indemnity. You agree to indemnify and hold Triangle Mobile and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due, connected to, or arising out of Your breach of this Agreement, Your acts or omissions, or Your violation of any law or the rights of any third party.
XIV. Dispute Resolution. You understand that Triangle Mobile is not a party to this Agreement, and that any disputes You may have with Triangle Mobile are governed by Your agreement(s) with Triangle Mobile including without limitation the Dispute Resolution and Arbitration provision set forth in Section 2 of Your standard terms and conditions with Triangle Mobile.
XV. Arbitration Provision. READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. As used in this Provision, “You” and “Your” mean the person or persons named in this Program, and all of his/her heirs, survivors, assigns and representatives. “We” and “Us” shall mean the Program provider identified above and shall be deemed to include all of its agents. Any and all claims, disputes, or controversies of any nature whatsoever
(whether in contract, tort or otherwise, including statutory, common law, fraud [whether by misrepresentation or by omission] or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with: (1) this Program or any prior Program, and the purchase thereof; and/or (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Program (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA’s Rules and this Provision. You may obtain a copy of the AAA’s Rules by calling 1-800-778-7879. Upon written request, We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and the applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. The arbitration shall be held at a location selected by Us within the state in which this Program was purchased. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act,
9 U.S.C. § 1 et seq. IF ANY PORTION OF THIS PROVISION IS DEEMED INVALID OR UNENFORCEABLE, IT SHALL NOT INVALIDATE THE REMAINING PORTIONS OF THE PROVISION, EXCEPT THAT IN NO EVENT SHALL THIS PROVISION BE AMENDED OR CONSTRUED TO PERMIT CLASS ARBITRATION OR ARBITRATION ON BEHALF OF ANY INDIVIDUAL OTHER THAN YOU. This Provision shall inure to the benefit of and be binding on You, Your assignees, and Us and shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Program. You agree that any arbitration proceeding will only consider Your Claims. Claims by or on behalf of other individuals will not be arbitrated in any proceeding that is considering Your Claims.
YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS PROVISION, NEITHER YOU NOR WE WILL HAVE THE RIGHT, EXCEPT AS MAY BE PROVIDED ABOVE, TO GO TO COURT, OR TO HAVE A JURY TRIAL, OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
XVI. Notice. You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address You provide at the time of Your WAVE enrollment. All notices or requests pertaining to these terms and conditions will be in writing and may be sent by any reasonable means including; e.g., by mail, email, facsimile, text message or recognized commercial overnight courier. Notices to You are considered delivered when sent to Your Device or by email or fax number You provided, or three (3) days after mailing to Your billing address.
XVII. Waiver; Severability. The failure of any party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms and conditions will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these terms and conditions unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.