MY C SPIRE™ TERMS AND CONDITIONS
Description of Service and Acceptance of Terms
Registration and Privacy
MY C SPIRE is not intended for users who are under the age of 13. If you are 13 years of age but under the age of 18, you must obtain your parent or guardian's permission to use MY C SPIRE. Your acceptance of these terms as described above constitutes your representation that you are 18 years of age, or you are 13 years of age but under the age of 18 and you have been given consent to do so by your parent or legal guardian, and that you are fully competent to enter into these terms. If you are a Customer and maintain multiple wireless numbers under your C Spire account that participate in MY C SPIRE as a Sub-Customer(s), then you warrant and represent that all such Sub-Customers that participate in MY C SPIRE are either eighteen (18) years of age, or that you have given the Participant permission to participate in MY C SPIRE.
MY C SPIRE is intended to be a service provided to individuals, and not business entities. Business entities with a C Spire account ("Business to Business Accounts") are not eligible to register or participate in MY C SPIRE. However, a business entity may allow individuals holding a valid C Spire mobile number under a Business to Business Account to register and participate in MY C SPIRE as a Sub-Customer.
We reserve the right to terminate, cancel, suspend, revise, modify, supplement, and/or retract ("Change(s)") MY C SPIRE in total or any feature, term, condition, or part thereto without any prior or contemporaneous notice. Any such Change may be posted at cspire.com and will be effective at the time of such posting or as otherwise stated in such posting.
These Terms of Service, including all referenced documents, tables, linked information, and any Frequently Asked Questions represent the complete agreement and understanding between you and C Spire with respect to MY C SPIRE. These Terms of Service supersede and take precedent over any inconsistent or conflicting terms or any additional promises or representations made to you by an employee or agent of C Spire. If you have a current account with C Spire, the terms and conditions regarding such services and account are not superseded or replaced by these Terms of Service.
We reserve the right to terminate or suspend your participation in MY C SPIRE, in whole or in part, for any reason, including, but not limited to, actual or attempted fraud, abuse, misrepresentation, misappropriation, and/or violation of these Terms of Service or the privileges granted by MY C SPIRE or any of C Spire's terms and conditions applicable to you ("Violation"). At any time we may audit your registration and participation in MY C SPIRE for compliance with these Terms of Service. Any evidence or finding of such Violation, whether as a result of an audit or otherwise, may result, at C Spire's sole discretion, in the disqualification of your continued or future participation in MY C SPIRE and the voiding and nullification of any accrued Reward Points, the redemption of Rewards Points, or the achievement of certain Rewards Status Levels. If C Spire does not take any action as a result of a Violation or fails to discover such Violation, such inaction or failure shall not constitute a waiver to act subsequently with regard to any Violation.
Dealings with Third Parties and Advertisers
C Spire may provide links to websites maintained by third parties, advertising content, as well as offers to participate in certain promotions through third party advertisers. Any links provided are offered solely as a convenience to you. C Spire does not endorse or take a position regarding the content of such links or advertisements, and your visits to such links are done at your own risk. You agree that any correspondence, business dealings, participation in promotions of, or other contact with such third parties, merchants or advertisers found on, through or via MY C SPIRE, including, but not limited to payment, delivery of goods or services, and compliance with other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and advertisers. You agree that C Spire shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such third parties, merchants or advertisers on MY C SPIRE.
You may choose to link your MY C SPIRE account with certain C Spire properties available on third party social media sites, and in certain instances you may have the opportunity to link your third party profile to your C Spire MY C SPIRE login and/or profile. If you choose to do so, you give C Spire permission to authenticate your identity, access and use your information and content from that third party service to the extent permitted by that service. These services may give you the option to post information about your participation in the Sites to your profile page to share with others within your network.
Disclaimer of Warranties and Limitation of Liability
MY C SPIRE IS PROVIDED TO YOU "AS IS." C SPIRE DISCLAIMS ANY AND ALL WARRANTIES RELATED TO MY C SPIRE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. C SPIRE FURTHER DISCLAIMS ANY WARRANTIES CONCERNING WHETHER MY C SPIRE OPERATES PROPERLY OR IN CONJUNCTION WITH YOUR DEVICE AND/OR ANY HARDWARE OR SOFTWARE, OR OTHER REQUIREMENTS YOU MAY HAVE. C SPIRE FURTHER DISCLAIMS ANY WARRANTY THAT MY C SPIRE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. IF YOU HAVE QUESTIONS OR COMPLAINTS REGARDING THE PRODUCT(S) AND/OR SERVICE(S) OBTAINED THROUGH MY C SPIRE, YOU MUST CONTACT THE MANUFACTURER DIRECTLY.
PARTICIPANT'S RECEIPT OR REALIZATION OF ANY TANGIBLE OR INTANGIBLE BENEFIT RESULTING DIRECTLY OR INDIRECTLY FROM PARTICIPATION IN MY C SPIRE SHALL NOT WAIVE C SPIRE'S ABILITY TO ENFORCE ANY OF ITS RIGHTS OR PARTICIPANT'S OBLIGATIONS MADE PART OF ANY OTHER AGREEMENTS OR TERMS AND CONDITIONS BETWEEN C SPIRE AND PARTICIPANT.
C SPIRE SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF MY C SPIRE, CONTENT ON MY C SPIRE, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING MERCHANTS, OR FOR ANY CONTENT, GOOD OR SERVICE PROVIDED BY ANY MERCHANT OR THIRD PARTY, IRRESPECTIVE OF WHETHER C SPIRE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY C SPIRE'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. C SPIRE'S LIABILITY IN CONNECTION WITH A GOOD OR SERVICE SHALL NEVER EXCEED THE AMOUNT OF THE GOOD OR SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY. C SPIRE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
Indemnification and Release
Dispute Resolution, Choice of Law and Forum
ARBITRATION: THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS, OR DISPUTES ARISING BETWEEN CUSTOMER AND C SPIRE, WHETHER IN TORT OR IN CONTRACT, INCLUDING, BUT NOT LIMITED TO, THOSE RELATED TO, OR ARISING OUT OF T RELATED TO OR ARISING OUT OF THESE MY C SPIRE TERMS OF SERVICE, OR THE SERVICES PROVIDED, INCLUDING ACCESS, DOWNLOAD AND/OR USE OF MY C SPIRE, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY C SPIRE, INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF MY C SPIRE OR KNOWN TO YOU AS A RESULT OF YOUR USE OF MY C SPIRE. ADDITIONALLY, THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT ON A CLASSWIDE BASIS. THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT WILL BE SOLELY BETWEEN YOU AND C SPIRE (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL'S CLAIM). SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE (3) ARBITRATORS AT A LOCATION IN THE GREATER JACKSON, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH CUSTOMER AND C SPIRE AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST, AND ALLOWABLE ATTORNEYS' FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. TO THE EXTENT ALLOWED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
These MY C SPIRE Terms of Service and your use of MY C SPIRE shall be governed by and construed in accordance with the substantive laws of the State of Mississippi, without regard to the principles of conflicts of law thereof.
The section headings in these Terms of Service are used for convenience only and have no legal or contractual effect.
You and C Spire are the only parties to these Terms of Service and the only parties who may seek to enforce them. You may not assign or grant your rights under these Terms of Service or participation in MY C SPIRE without our prior, written consent, except as provided herein. We may assign these Terms of Service, or any and all of our rights and interests in MY C SPIRE, without prior or subsequent notice to you.
Copyright C Spire®
Dated: October 2017.