Service Terms for TDS Mobile

3.1. Service Agreement Term; Acceptance; Modifications

The TDS Mobile Service Agreement is effective on the day you accept it and will remain in effect until it is terminated by either party or superseded by a revised version.

Your initial or continued use of the Service indicates your acceptance of the TDS Mobile Service Agreement. TDS may also ask you to indicate your acceptance of the TDS Mobile Service Agreement in other ways, such as through an online portal.

TDS has the right to modify any part of the TDS Mobile Service Agreement and change, add to, or remove portions of the Services (including features and equipment requirements) at any time in any manner. Any modification shall be effective upon notice to you as provided under Section 1.6. Your continued use of the Service after receiving such notice shall be deemed acceptance of all modifications. If you do not agree to any modification, you must immediately stop using the Services and notify TDS that you are terminating your Service(s). The online version of these Terms and the other components of the TDS Mobile Service Agreement are always the most current versions. Please check back periodically to review them and stay informed of any changes.

3.2. Third Party Providers

TDS may use third party providers to provide or facilitate the Services and related content (collectively, our “Providers”), including, but not limited to: (a) the licensed national wireless carrier who allows TDS Mobile customers to access their wireless network (our “Network Provider”); and the company that provides network infrastructure, operational services, and payment processing for TDS Mobile customers, otherwise known as a Mobile Virtual Network Enabler (our “MVNE”). You shall not be deemed a third-party beneficiary of any contract between TDS and its Providers.

3.3. Acceptable Use

Your use of the Services is subject to TDS’ Acceptable Use Policy available at https://tdstelecom.com/policies/acceptable-use-policy.html and the limitations described in these TDS Mobile Terms. Unauthorized use the Services constitutes a violation of federal and state law and a breach of the TDS Mobile Service Agreement. TDS will press charges against all violators, and violations may result in the termination of some or all Services at the sole discretion of TDS.

The Services are furnished subject to the condition that they will not be used for any unlawful purpose. You agree to use the Services, as well as any software provided in connection with the Services, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to the Services, nor will you use the Services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Services in any manner that:

1. is unlawful, threatening, libelous, defamatory, obscene, pornographic, or is otherwise objectionable to us in our sole discretion;
2. infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
3. removes any proprietary notices or labels;
4. advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
5. is deceptive in a manner that is criminal or that is otherwise objectionable to us in our sole discretion, such as an offer to sell fraudulent goods or an impersonation of any person or entity or a misrepresentation of an affiliation with a person or entity;
6. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
7. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
8. interferes with others using the Services;
9. is off-topic according to the description of the group, forum or webpage;
10. contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
11. contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
12. disrupts, interferes or inhibits any other user from enjoying the Services or other affiliated or linked websites, material, contents, products and/or services;
13. uses any robot, spider, or other such programmatic or automatic device, including, but not limited to, automated dial-in or inquiry devices, to obtain information from the Services or otherwise monitor or copy any portion of the Services, products and/or services;
14. creates a false identity for the purpose of misleading others;
15. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
16. uses any provider domain name as a pseudonymous return email address;
17. contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
18. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
19. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security-related tools incorporated into the Services;
20. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Services, use of the Services, or access to the Services;
21. publishes, publicly performs or displays, or distributes to any third party the content of any Site, including reproduction on any computer network or broadcast or publications media;
22. systematically collects and uses any Site content including the use of any data mining, scraping, or similar data gathering and extraction methods;
23. makes derivative uses of the Services;
24. uses, frames, or utilizes framing techniques to enclose any portion of the Services (including the images found within the Services or any text or the layout/design of any page or form contained on a page);
25. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Services, or accesses or uses the Services for the purposes of creating a competitive product. For purposes of these terms, “reverse engineering” shall include the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Services’ underlying technology;
26. interferes with TDS’ or its Providers’ network, business operations, employees, or customers; and/or
27. facilitates harassment or abuse.

A breach or violation of any of the above obligations may result in an immediate termination or suspension of your ability to use or access the Services. Additionally, Services will not be furnished if any law enforcement agency, acting within its jurisdiction, advises TDS or its Providers that such Services are being used or will be used in violation of the law, or if TDS receives other evidence that such Services are or will be used for such purposes. TDS may, in its sole discretion, block access to certain categories of numbers (e.g. 976, 900 and international designations).

3.4. Residential Use Only; No Resale

You understand and agree that the Services are being provided to you for residential, personal, and family use, and are not intended to be suitable for business use. You may not resell the Services to third parties. You agree that you will not use or allow others to use any Service as the primary method to operate any type of business or commercial enterprise. If you use the Services to create a wireless network (aka “hotspot”), you must limit access to the wireless network by taking reasonable steps to prevent unauthorized use (e.g., establishing and using a secure password).

3.5. Eligibility

TDS Mobile is not available in all TDS markets or to all individuals. You are only eligible to purchase a TDS Mobile plan if: (a) you are 18 years of age or older; (b) you are an active TDS broadband internet customer; (c) your billing address is within a TDS market area where TDS Mobile is currently offered; (d) all of your TDS accounts are in good standing; and (e) you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

By agreeing to the TDS Mobile Service Agreement, you certify you meet all of the eligibility criteria described above. If TDS discovers that is not the case, TDS may suspend and/or terminate your TDS Mobile account.

Unless otherwise required under applicable law, including rules established by any state commission and/or the Federal Communications Commission (FCC), TDS is not required to provide TDS Mobile Service to anyone for any reason, and reserves the right to terminate any TDS Mobile account and all related Services at any time.

4.1. Month-to-Month Service Term

Services are provided on a month-to-month basis starting on the day we activate your TDS Mobile account and continuing until all TDS Mobile lines on your account are terminated by you or TDS.

4.2. Termination or Suspension of Your TDS Mobile Service; Port Requests

You may terminate your TDS Mobile service by notifying TDS Customer Support. The effective date of termination will be the last day of your current monthly billing cycle. You may continue to use your TDS Mobile during this time, and you will be responsible for any charges incurred.

A request to port your number is a request by you to terminate the TDS Mobile service associated with that number. Once the port is complete, the line associated with your ported number will terminate. Regardless of the termination date, you will not receive a refund of any pre-paid charges; you will remain responsible for all fees and charges through the end of your current billing cycle.

TDS may limit, suspend, or terminate the Services in whole or in part at any time without notice to you due to discontinuance or material modification to the Services (or any part thereof), changes to our relationship with any Provider, unexpected technical or security issues or problems, or other Force Majeure Events, as described in Section 15.1.

TDS may limit, suspend, or terminate the Services in whole or in part at any time for any reason or no reason upon 10 days advance notice to you, unless a longer notice period is required by law. You will not receive a refund of any pre-paid charges unless required by law.

TDS or its Providers may limit, suspend, or terminate your TDS Mobile account and/or your use of the Services in whole or in part at any time without notice to you if: (a) we receive a request to do so from a law enforcement or other government agency; (b) there is an extended period of inactivity on your account; (c) you engage in fraudulent or illegal activities; (d) you fail to pay your monthly bill on time or otherwise violate the TDS Mobile Service Agreement; (e) we determine, in our sole discretion, that there is cause to terminate your TDS Mobile account. Cause to terminate your account may include, but is not limited to the follow circumstances:

1. if you: (a) breach this agreement; (b) resell the Services or use thereof; (c) use the Services for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal that may be prohibited by our network provider; (e) steal from or lie to us; (f) do not pay your bill on time; (g) incur charges larger than a required deposit or prepaid amounts or month-in-advance amounts or exceeds reasonable limits of usage of the Services, if any and as per the sole discretion of our providers, or billing limit, or materially in excess of your allocated or reasonable amount of access quota (even if we haven’t yet billed the charges); (h) invalid payment details, either due to expiry of your credit/debit card, failure of charge, interim charge or hold, which may choose to apply from time to time; (i) are unable to pay us or go bankrupt; or
2. if you, any user of your device or any line of service on your account, or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; (d) modify your device from its manufacturer’s specifications; or (e) use the Services in a way that negatively affects our network or other customers.

We can also temporarily limit the Services for any operational or governmental reason.

Termination of the TDS Mobile Service Agreement and/or termination or suspension of your Services by TDS or its Providers are nonexclusive remedies and will not prejudice any other legal or equitable right or remedy available to us or our Providers. If your Services are terminated for cause, you will not receive a refund of any pre-paid charges unless required by law.

You agree that all terminations and suspensions for cause shall be made in our and our Providers’ sole discretion and that neither we nor our Providers shall be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Services.

4.3. Effect of Termination

Upon termination of your TDS Mobile account:

• your password and all related information, files and other content associated with or inside your TDS Mobile account (or any part thereof) will be deleted;
• you will be unable to access or use your cellular service and other aspects the Services;
• your TDS Mobile Service Agreement shall be deemed terminated.

If we or our Providers elect instead to suspend your account, you will be unable to access or use your cellular service or certain other aspects of the Services, but your account information and TDS Mobile Service Agreement will remain in effect until your account is terminated.

Upon any termination, neither we nor our Providers shall provide the applicable Services to you, and you shall cease using the Services. Termination of this Agreement by either party will be a nonexclusive remedy for us and our providers and will be without prejudice to any other right or remedy of us and our providers.

You remain liable for any payment obligations you incur prior to termination or suspension of the Services. You may be charged a $10 reactivation fee if you want to reactivate your account after it has been suspended or terminated for cause.

4.4. Notice

TDS may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; text message to your designated cell phone number (if you've elected to receive notifications in such manner); bill message included in your monthly invoice; or U.S. Mail or courier service at the address you provided TDS when you registered for the Service; and general posting to TDS' website (https://tdstelecom.com), the TDS Mobile application, or other Site.

Unless otherwise stated in any such notice or communication, all notices or other communications to you shall be deemed effective on the date of electronic mailing or posting, the date the text message was sent, or on the fourth calendar day following the date of first-class mailing or deposit with a courier service. These are the only means of official communication recognized for the purpose of actively communicating with you regarding your Service.

You are responsible for keeping all of your contact information accurate and must provide changes to TDS promptly by contacting customer service or updating your online account information. This includes, but is not limited to, your legal name, address, phone numbers, and payment data (including but not limited to credit/debit card numbers and expiration dates). You agree that for as long as your TDS Mobile Service is active, you will promptly notify TDS if there is any change in the information that you have provided to TDS.

5.1. What’s Included in Your Plan

We offer two mobile data plans—Unlimited and By-the-Gig. Customers can choose the plan that best reflects their own usage levels and the way they intend to use their TDS Mobile service. Both TDS Mobile plans include unlimited talk, text, and multimedia messaging service (“MMS”) within the United States.

The Unlimited plan includes unlimited cellular data usage, up to 20 GB of high-speed cellular data usage per billing cycle, and up to 5 GB of hotspot data usage per billing cycle. If you exhaust the allotment of high-speed data in a billing cycle, your service speed will slow and will only transmit data at a maximum of 512 Kbps for the remainder of your billing cycle.

The By-the-Gig plan includes 1 GB of data usage in the base price; each additional GB of data used (or part thereof) will result in an additional, automatic charge at the time of overage, up to 5 GB. With this plan, your high-speed data allotment is 6 GB per billing cycle. If you exhaust this allotment in a billing cycle, your service speed will slow and will only transmit data at a maximum of 512 Kbps for the remainder of your billing cycle.

Both cellular data usage and hotspot data usage apply towards your high-speed data allotment. Once speeds are slowed, your connection over the cellular network should still allow viewing static web pages or checking email; however, bandwidth-intensive activities such as audio and video streaming, picture and video messaging, and apps/services that use large amounts of data will be impacted and may not be fully functional. Once the next billing cycle begins, you will once again have high-speed data access.

TDS Mobile plans and pricing may vary and are not available in all markets.

5.2. Service Speed and other Performance Levels

Regardless of your plan type, TDS may temporarily slow data speeds if the underlying network is busy. Services may be temporarily refused, interrupted, curtailed or otherwise limited because of transmission limitations caused by any factor, including, but not limited to, physical obstructions; network congestion; atmospheric, environmental or topographical conditions; system and/or facilities interference, limitations or constraints; governmental regulations or orders; or system and/or facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the facilities. You may encounter temporary capacity-constraint-related symptoms, such as excessive call blocking, call dropping, or data-throttling.

See the TDS Mobile Network Management Policy at https://tdstelecom.com/policies/mobile-network-management-policy.html for additional information about our network management practices and other factors that may impact the performance of your TDS Mobile service.

5.3. Use of the Services by Minors

Minors are permitted to use the Services with the express permission of a registered adult. The actions of that minor while using the account are the sole responsibility of the adult to whom the account is registered. CERTAIN CONTENT MAY BE OBJECTIONABLE OR UNSUITABLE FOR MINORS. YOU ARE RESPONSIBLE FOR AND MUST EXERCISE YOUR OWN DISCRETION WHEN ALLOWING MINORS TO USE THE SERVICES.

5.4. Domestic Roaming Limitations

If you travel to an area within the United States, but outside our Network Provider’s coverage area, you may be able to access data via off-network or off-net coverage (aka “roaming”) on another carrier’s network. When you are roaming, neither TDS nor our Network Provider guarantees the availability, quality of coverage, or speed for data services you receive while using other carriers’ networks. Additionally, our Network Provider reserves the right to reduce roaming data speeds or suspend roaming service entirely at any time without notice.

No more than 50% of the monthly usage for each line on your account may be used for domestic roaming. A network coverage map is available at https://tdstelecom.com/shop/mobile/coverage-map.html. TDS may terminate any line with excessive roaming. Representations of network coverage by TDS or its agents are not guarantees.

5.5. International Roaming and Calling Plans

International roaming and calling plans are only available as an add-on, prepaid service. Please see the specific plan details provided when you purchase the add-on plan for plan limitations, billing, and other terms and conditions. These terms and conditions, including the rates for international calls made and/or available destinations, are subject to change at any time without prior notice. International plans are not available on all accounts or devices, or for all geographic locations.

The Provider of our international plans may change the prices or features associated with such plans from time to time. Such changes will be effective immediately when they are published on a Site or otherwise communicated to you.

5.6. Changes to the Services

We reserve the right to change or modify temporarily or permanently, the Services (or any portion of the Services), or to discontinue certain features and functionality contained within the Service, in each case including without limitation any and all content contained on the Services, at any time without notice. You agree that TDS shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services (or any portion thereof).

We may also, in our sole discretion, decide to permanently discontinue the Services. If we permanently discontinue the Services, we shall give you notice of such discontinuation and, as our sole liability for such discontinuation, refund any pre-paid fees for Services you have not received, if the discontinuation occurs before the end of any subscription for which you have paid.

5.7. Support

For TDS Mobile customer support, call 1-855-954-4441 and follow the prompts. Customer support representatives are available Monday through Friday, 10 am to 8 pm Eastern Time.

5.8. TDS Mobile Account Rules

You may order a maximum of six lines per TDS Mobile account. Your TDS broadband internet service address will be deemed to be the primary place of use of Service for all devices on your TDS Mobile account for purposes of calculating certain taxes, surcharges, and fees.

You agree to: (a) provide TDS and our Providers with true, accurate, current and complete information related to your account and the Services; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity. If you provide any information that is, or that we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, we and/or our Providers may without notice suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion of the Services).

5.9. Account Password and Security

To access your TDS Mobile account information, you will be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of which you are aware or suspect. Without limiting any rights which we or our Providers may otherwise have, we and our Providers reserves the right to take any action, as it deems necessary or reasonable, to ensure the security of the Services and your TDS Mobile account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above we and our Providers may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we or our Providers be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of us or our Providers under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time unless you are an Authorized Contact, as described below.

5.10. Authorized Users on your Account

You may appoint one or more persons to manage your account (each, an "Authorized User"). Your Authorized Users will be able to access and make changes to your account, including but not limited to: view information about the account, add and/or terminate lines of Service, purchase equipment, make payments on the account, etc. You are responsible for any account changes and/or purchases made by any Authorized User.

Authorized Users do not have the right to institute disputes, claims, or controversies (each, a “Dispute”) against TDS arising out of or relating to the TDS Mobile Service Agreement. Only you have the right to institute a Dispute against TDS.

5.11. Website and Application Content

TDS or its Providers may make improvements or changes to any of content, information, products, services, or programs related to the Services, including any Site content, at any time without notice. All content is for your personal and non-commercial use only. No Site content is intended to provide financial, legal, tax or other professional advice. The quality of the display of Site content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location. It is possible that a price for a product or service offered on a Site or other publication may be inaccurate or the product or service description may contain an inaccuracy. If we discover an inaccurate price or description, we may take any legally permissible action we deem reasonable and necessary, in our sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify us immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through a Site and comply with any corrective action taken by TDS.

5.12. Wireless Emergency Alerts

TDS delivers wireless emergency alerts (“WEAs”), at no additional charge, to capable devices of customers throughout its service area and through roaming arrangements in most circumstances. Neither subscriber information nor GPS is used to broadcast the alerts; WEAs are enabled throughout our Network Provider’s coverage area and are broadcast to all compatible devices within the affected area. Participation in the WEA program by wireless providers is voluntary, but those that offer the service must adhere to the technical and operational requirements established by the FCC. Some devices may not be able to access enhanced WEA features; additionally, you may not receive WEAs when you are roaming. TDS makes no representation concerning the suitability of any device to receive WEAs. For additional information about WEAs, please see the FCC’s website at https://www.fcc.gov/consumers/guides/wireless-emergency-alerts-wea.

6.1. Types of Charges

TDS Mobile customers may see the following categories of charges on their monthly bill:

• "Monthly Service Charge" means the flat fee charged monthly for the features included in your selected TDS Mobile plan.
• “Non-Recurring Charge” means a one-time charge, such as a charge incurred when you purchase data applications from us or third parties for which we bill, the SIM kit and connection fee (charged once per line), reactivation fees, charges for flat fee international roaming or calling plans you purchase, etc.
• "Data Usage Charge" means the charge you may incur for transferring data (e.g., downloading applications, accessing the Internet, etc.) rendered in units of gigabytes (GB). Each partial GB of data transferred will be rounded up and billed as a full GB.
• “Government-Mandated Charges” means fees and taxes that cover amounts TDS is required to remit direct to government agencies, such as state and local taxes, the Universal Service Fund charge, and 911 surcharges.

Your individual charges and fees depend on the type of plan you selected, your add-on purchases, and your geographical location.

All Government-Mandated Charges are subject to change without notice. TDS will notify you of any changes to other charges or fees associated with your TDS Mobile service. We reserve the right to change our pricing at any time.

6.2. Billing

Your monthly billing cycle starts on the day your TDS Mobile service is activated. On the same day each month thereafter, you will receive a bill and be automatically charged for next month’s service. Monthly Service Charges, Non-Recurring Charges, Administrative Fees, Regulatory Cost Recovery Fees, and Government-Mandated Charges for the plan(s) you select will be billed in advance and must be paid before your TDS Mobile service is activated. Unless you have an Unlimited plan, Data Usage Charges will be billed when you exceed your data usage allotment for the current billing cycle.

6.3. Payment

You will automatically be charged on the same day as you receive your monthly bill. All TDS Mobile customers are required to set up auto-pay with a credit/debit card. Payment card processing is performed by a third party. We are not responsible for the performance of any third-party payment card processing or third-party payment services.

By providing your credit/debit card information to our third-party payment processor, you expressly:

• agree to provide accurate and complete information about you;
• authorize our third-party payment processor to receive, process, and store such information, as well as transaction information related to your use of the payment processing services;
• authorize our third-party payment processor to charge the card you provide for any charges and fees associated with your TDS Mobile account on an ongoing, recurring basis until you withdraw your authorization or terminate your TDS Mobile account; and
• warrant that you will not use a credit/debit card unless you have all necessary legal authorization to do so.

You must always have an active credit/debit card on file with our third-party payment processor to avoid service interruption. Please contact Customer Support if there are any issues updating your payment method.

6.4. Declined Payments

On the first day of each billing cycle, our MVNE will attempt to charge your default card on file for automatic payment. If your credit/debit card is declined, we will send a notice alerting the primary account owner that action is required to update the payment method on file.

If payment is not made in full within 24 hours after the initial declined payment attempt, your TDS Mobile account and all related Services will be suspended. If you update your payment method and pay all outstanding amounts within 30 days, your TDS Mobile account and all related Services will be reactivated.

If you do not pay all outstanding amounts within 30 days, all lines associated with your delinquent TDS Mobile account will be disconnected, and you will be required to pay a reactivation fee of $10 per line plus all standard prepaid service charges and fees to reinstate your service.

6.5. Bundled Pricing

If you have discounted pricing as part of a bundled service plan, you may lose the discounted price if you cancel a bundled service.

6.6. Billing Errors

You may seek a credit or refund for errors in billing for up to 180 days (or as otherwise provided by law) after issuance to you of the bill on which the error is contained by contacting the number provided on your bill. If you are a current customer, you will receive a credit towards a future bill instead of a refund.

You will have waived your right to dispute the bill and to bring, or participate in, any legal action raising such dispute if you fail to dispute the charge on your bill within 180 days (or as otherwise provided by law) after the issuance of the bill.

TDS may back bill you for any error that results in an underbilling to you within 180 days of the issuance of the bill that should have reflected the underbilled charge.

6.7. Collection and Attorneys’ Fees

If TDS incurs attorneys’ fees, collection agency fees, court costs, or other expenses in connection with its efforts to enforce the TDS Mobile Service Agreement or collect any unpaid balance on your account, you will be required to reimburse TDS for such expenses, up to the maximum amount permitted by applicable law.

6.8. Lost or Stolen Phones

You are responsible for all authorized charges on your phone. If you claim unauthorized charges due to a lost or stolen phone, you must report your phone as lost or stolen immediately so that we may investigate your claim. We will investigate any claims of unauthorized charges within 30 days. You agree to cooperate with our investigation and to submit any relevant documentation that you have, such as a police report or a sworn statement. You will not be required to pay any disputed charges while we investigate. If we determine that the charges are unauthorized, we will credit your account.

7.1. Privacy Overview.

TDS strives to protect the privacy rights of our customers. We may collect, process and share personal information about you or your account consistent with the TDS Mobile Privacy Policy, available at https://tdstelecom.com/policies/mobile-privacy-policy.html, without further specific notice to you.

7.2. Consent to Contact You

You authorize and consent to allow TDS and/or its third-party collection agencies to contact you regarding your account status. Such contact may be made by live persons or pre-recorded messages to any mailing address, telephone number, wireless telephone number, email address or any other electronic address that you provide. You agree that such contact may be made by an automatic telephone dialing system, automatic emailing system or any other automatic electronic messaging system.

7.3. Directory Information

TDS does not publish directories of our customers' phone numbers or provide our customers' phone numbers to third parties for publication in directories.

7.4. Credit Information

You authorize consumer reporting agencies to periodically furnish TDS with your consumer report. You authorize TDS to periodically disclose your account information and payment history to consumer reporting agencies.

7.5. Enforcement

Our Providers may access, use, and disclose transaction information and any content provided by you to comply with the law (e.g., a lawful subpoena) or based on their reasonable judgment that disclosure is necessary, or to enforce or apply our agreements, to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of the Services and other persons or entities from fraudulent, abusive, or unlawful use of the Services.

The term “Tools” means the following: (a) the TDS Mobile application, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components incorporated therein; (b) any Site to which you are directed during the course of your use of the TDS Mobile Service; (b) any updates, modifications, or enhancements to the foregoing.

If you use, download, or install a Tool, you may only use it in strict adherence with the terms of the TDS Mobile Service Agreement and any End User License Agreement (“EULA”) that may be applicable to the Tool. You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Tool; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Tool; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Tool, including export laws; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) that appears within the Tool; (e) or use the Tool for any purpose other than facilitating your use of the TDS Mobile Service. In the event of a conflict between the TDS Mobile Service Agreement and an applicable EULA, TDS Mobile Service Agreement controls unless the EULA specifically states otherwise.

The Tools are not being sold to you, and you have no ownership rights or control over the Tools. As long as you comply with the terms of the TDS Mobile Service Agreement and any applicable EULA, you are granted a revocable, nonexclusive, nontransferable, limited right to install and use the Tools for the sole purpose of facilitating your use of the TDS Mobile Service.

Neither TDS nor the respective owner of the Tool are responsible for any material or content that you transmit, store, delete, record, or play using a Tool.

The Services may utilize or include third-party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and is governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms, and disclaimers contained therein (“Third-Party Software Notices”) and including all posted changes to Third-Party Software Notices. In the event of a conflict between the terms of the TDS Mobile Service Agreement and the terms of those licenses, the terms of those licenses will control your use of the relevant Third-Party Software. In no event will a Service or any component thereof be deemed to be “open source” or “publicly available” software. You agree that your use of the Services is subject to the terms of all Third-Party Software Notices.

The Services are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services and related content.

You shall acquire no proprietary interest in numbers assigned by TDS for your use. Unless caused by the sole negligence of TDS, you shall indemnify and hold TDS, its officers, employees, suppliers of service and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), and liability or damages for libel, slander or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), liability, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the TDS Mobile Service Agreement or the use or inability to use the access telephone number (whether caused in whole or in part by the negligence of suppliers of service). This indemnity shall survive the termination of the TDS Mobile Service Agreement.

Except as required by law, you are not granted and shall not acquire any proprietary interest or intellectual or other property rights in the Mobile Directory Number (“MDN”) or Subscriber Identity Module (“SIM”) assigned for your use, or in any other information that we provide or use to deliver the Services. Any intellectual property or software in the SIM is the property of the Provider who supplies it, and such Provider may change or update the software or other data in the SIM card over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.

Except as expressly stated in the TDS Mobile Service Agreement, you are not granted and shall not acquire any intellectual property rights in or to the Tools by implication, estoppel, or other legal theory. The source and object code of the Tools and the format, directories, queries, algorithms, structure, and organization of the Tools are the intellectual property and proprietary and confidential information of their respective owners. All rights in and to the Tools not expressly granted in the TDS Mobile Service Agreement are hereby reserved and retained by TDS and/or the respective owners of the Tools.

Trademarks, servicemarks, logos and any trade dress (collectively referred to as “Marks”) that are used or displayed on or in connection with the Services or a Site are owned by TDS or one of our Providers that offer and provide products and services on or through the Services. You may not copy or use the Marks, in whole, partial, or modified form, without the prior written permission of the Marks’ owner, which may be withheld for any or no reason. In addition, any custom graphics, logos, button icons, scripts, and page headers on a Site are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of their respective owner, which may be withheld for any or no reason. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on a Site are the property of their respective owners. You may not use any meta tags or any other “hidden text” utilizing a Mark or product name without the prior written permission of the Marks’ owner.

NOTE: BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE DISCLAIMER OF WARRANTIES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11.1. YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, ANY RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED THEREIN AND ANY RELATED SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

11.2. TDS AND ITS PROVIDERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OR COMPLETENESS OF DATA, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

11.3. TDS AND ITS PROVIDERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SERVICES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE SERVICES WILL PROVIDE CONTINUOUS STORAGE OR ACCESS OR BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (vi) INFORMATION, GRAPHIC DEPICTIONS, PRODUCT AND SERVICE DESCRIPTIONS OR OTHER CONTENT ON OR RELATED TO THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE; (vii) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND/OR (viii) ANY PRESENT OR FUTURE SERVICES WILL BE AVAILABLE IN ANY SPECIFIC LOCATION.

NOTE: BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE LIMITATION OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE LIMITS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF ANY PART OF THIS SECTION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TDS’ AND OUR PROVIDERS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12.1. Providers Have No Liability

Our Providers shall have no liability whatsoever for your losses, claims or damages for any cause whatsoever, including but not limited to any failure or disruption of the Services, regardless of the form of action, whether in contract, tort or otherwise. You shall not be deemed a third-party beneficiary of any contract between us and our Providers. Services may be temporarily refused, interrupted, curtailed or otherwise limited because of transmission limitations caused by any factor, including, but not limited to, physical obstructions; network congestion; atmospheric, environmental or topographical conditions; system and/or facilities interference, limitations or constraints; or system and/or facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the facilities. You may encounter temporary capacity-constraint-related symptoms, such as excessive call blocking, call dropping, or data-throttling. Our suppliers are not liable for any claim or damage related to or arising out of or in connection with (i) any such temporary capacity constraint, (ii) any coverage gaps, or (iii) any temporary Services refusal, interruption, curtailment or other limitations.

12.2. General Limitation of Liability

IN NO EVENT SHALL TDS, OUR AFFILIATES, OUR PROVIDERS, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, LOSS OF CONTRIBUTIONS, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE SERVICES OR MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SERVICES; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR PRODUCTS ON OR AVAILABLE THROUGH THE SERVICES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM A FORCE MAJEURE EVENT; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES OR ARISING OUT OF THE TDS MOBILE SERVICE AGREEMENT, EVEN IF TDS, OUR PROVIDERS, OR OUR RESPECTIVE AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF TDS, ITS AFFILIATES, AND OUR PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THE TDS MOBILE SERVICE AGREEMENT OR FROM USE OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).

12.3. Customer’s Sole Remedy

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICES IS TO STOP USING THE SERVICE(S). YOU MAY STOP USING THE SERVICES, SITES, AND/OR TOOLS AT ANY TIME.

12.4. No Liability for Malicious Code

YOU ACKNOWLEDGE THAT ACCESS TO AND USE OF THE SERVICES MAY EXPOSE YOUR DATA, COMPUTER SYSTEM AND NETWORK TO VIRUSES, ADWARE, SNOOPWARE, SPYWARE, MALWARE, HIJACKWARE, KEY LOGGERS, TROJAN HORSES, WORMS AND OTHER MALICIOUS CODE THAT MAY THREATEN THE SECURITY AND OPERATION OF YOUR SYSTEM AND NETWORK (COLLECTIVELY, “MALICIOUS CODE”).

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, LOSS OF DATA, OR INVASION OF YOUR PRIVACY CAUSED BY MALICIOUS CODE CONTAINED WITHIN ANY ELECTRONIC FILE YOU ACCESS THROUGH OR OBTAIN FROM THE SERVICE IS DISCLAIMED. TDS' MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES RELATING TO TDS’ PROVISION OF THE SERVICE SHALL NOT EXCEED THE FEES YOU HAVE PAID IN THE PREVIOUS 12 MONTHS FOR THE SERVICE GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM, WHETHER THE CLAIM ALLEGES BREACH OF CONTRACT OR TORTIOUS CONDUCT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, VIOLATION OF A STATUTE, OR ANY OTHER THEORY.

12.5. No Responsibility for Third-Party Products and Services

Parties other than TDS may offer and provide information, products, and services on or through the Services (“Third-Party Products”). Except for TDS-branded information, products and services that are identified as being supplied by TDS, TDS does not operate, control, or endorse any Third-Party Products on the Services or accessible through the Services in any way. TDS is not responsible for examining or evaluating any of these Third-Party Products, the third-party suppliers that provide them, or the content of their websites. TDS does not warrant the Third-Party Products or related offerings. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. Your use of the Third-Party Products is at your sole risk. Neither TDS nor its Providers have any liability whatsoever arising from or relating to your use of any such Third-Party Products, and we make no representations or warranties with respect to such Third-Party Products. You should carefully review their privacy statements and other conditions of use.

The Services may contain links to other websites not controlled or operated by TDS. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by TDS of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Services is at your own risk. When leaving the Services, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of any third-party website.

Use caution when providing personal information while connected to the internet, as TDS cannot protect you from potential fraud or charges occurring through third-party vendors with whom you may be in contact through the Services.

12.6. Claims Limitation

NO ACTION, REGARDLESS OF FORM, ARISING OUT OF TDS’ PROVISION OF SERVICES OR ITS PERFORMANCE UNDER THE TDS MOBILE SERVICE AGREEMENT MAY BE BROUGHT BY YOU MORE THAN SIX MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.

Unless caused by the sole negligence of TDS, you shall indemnify, defend and hold harmless TDS, its Providers, licensors, suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, on demand, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees due to or arising out of any content or information you submit, post or upload to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TDS Mobile Service Agreement, or your violation of any law or the rights of another.

TDS and its Providers reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with TDS and its Providers in asserting any available defenses.

This Section 13 shall survive the termination of the TDS Mobile Service Agreement, your relationship with us, and/or your use of the Services

14.1. Arbitration Agreement

BY AGREEING TO THE TDS MOBILE SERVICE AGREEMENT, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST TDS ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST TDS, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST TDS BY SOMEONE ELSE. THE ABOVE NOTWITHSTANDING, THE ARBITRATION PROVISION IS NULL AND VOID IF MULTIPLE ARBITRATIONS ARE FILED THAT ARE VIRTUALLY IDENTICAL IN THAT THEY ASSERT THE SAME CLAIMS AND/OR SEEK IDENTICAL FORMS OF RELIEF.

14.2. Binding Arbitration

YOU AND TDS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY - REGARDLESS OF WHEN THE DISPUTE, CLAIM, OR CONTROVERSY AROSE - ARISING OUT OF OR RELATING TO (A) ANY PART OF THE TDS MOBILE SERVICE AGREEMENT, OR THE EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR (B) YOUR ACCESS TO OR USE OF THE SERVICES AT ANY TIME, WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND TDS, AND NOT IN A COURT OF LAW IN ANY JURISDICTION. SUCH DISPUTE SHALL BE SUBMITTED TO JAMS FOR ARBITRATION IN THE COUNTY OF YOUR BILLING ADDRESS (OR SUCH OTHER LOCATION AS YOU AND TDS OTHERWISE MUTUALLY AGREE) AND SHALL BE BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, ONLY AS MODIFIED BY THE TDS MOBILE SERVICE AGREEMENT.

14.3. Arbitrator’s Exclusive Authority

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any part of the TDS Mobile Service Agreement is unconscionable or illusory and whether any defense to arbitration is available, including waiver, delay, laches, or estoppel.

14.4. Waiver of Right to Trial by Jury or Class Action Participation

You acknowledge and agree that you and TDS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and TDS agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and TDS each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.

14.5. Rules and Governing Law

14.6. The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this Arbitration Agreement. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/ or you may call JAMS at 1-800-352-5267.

14.7. Notwithstanding any choice of law or other provision in the TDS Mobile Service Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state designated in Section 15.7 below.

14.8. Arbitration Process

14.9. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. You can contact JAMS for more information on how to commence an arbitration proceeding at https://www.jamsadr.com/ or 1-800-352-5267.

14.10. TDS will advance or reimburse you for any reasonable filing, administration and arbitrator fees for any arbitration initiated in accordance with this section. If TDS prevails in the arbitration, both parties agree that they will share equally in the costs of arbitration. If the arbitrator determines that either the substance of the claim for relief sought in the demand for arbitration was frivolous or brought for an improper purpose as measured by Federal Rule of Civil Procedure 11(b), TDS may, in its discretion, move to seek its costs of arbitration. TDS will reimburse you for your reasonable attorneys’ fees and costs if the arbitrator awards you an amount equal to or greater than the amount you have demanded in the arbitration.

14.11. Arbitrator’s Decision

The Arbitrator will render an award within the time frame specified in the JAMS Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.

15.1. Force Majeure

DS is not responsible for circumstances beyond its control, including without limitation, acts or omissions of others, pandemics, epidemics, natural disasters, atmospheric conditions, third party equipment or network failures, blackouts, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, or acts of God.

15.2. Assignment

TDS may assign the TDS Mobile Service Agreement without notice to you. You may assign the TDS Mobile Service Agreement only with TDS prior written consent.

15.3. Entire Agreement

The TDS Mobile Service Agreement is the entire agreement between you and TDS. The TDS Mobile Service Agreement supersedes any inconsistent or additional promises made to you by any employee or agent of TDS or our Providers.

15.4. Severability

If any part of the TDS Mobile Service Agreement is held invalid or unenforceable, the remainder of the TDS Mobile Service Agreement will remain in force.

15.5.Errors

TDS reserves the right to correct any errors or omissions in the TDS Mobile Service Agreement.

15.6. TDS Rights and Remedies; No Waiver by TDS

Nothing contained in the TDS Mobile Service Agreement shall be construed to limit TDS’ rights and remedies available at law or in equity. TDS's failure to assert a right under the TDS Mobile Service Agreement or enforce strict performance of any provision of the TDS Mobile Service Agreement shall not constitute a waiver of that right or excuse your subsequent failure to comply with such term or condition.

15.7. Governing Law

The TDS Mobile Service Agreement shall be governed by and construed in accordance with the laws of the State where your TDS broadband internet service address is located, without giving effect to conflicts of law.

15.8. Amendment

No amendment or modification to the TDS Mobile Service Agreement by you shall be valid or binding on TDS unless made in writing and signed by an authorized representative of TDS. The TDS Mobile Service Agreement shall at all times be subject to such modifications as a state commission and/or the FCC may require under their respective jurisdictions.

15.9. Survival

All representations, warranties, disclaimers, indemnifications, and limitations of liability contained in the TDS Mobile Service Agreement shall survive its termination; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination. Additionally, any provisions that by their nature should survive termination of TDS Mobile Service Agreement shall survive any such termination.