Terms & Conditions

Acceptance of Terms

These Terms and Conditions of Service (“T&C”) constitute a contract under which local2u will provide broadband Service. The T&Cs include service plan descriptions, charges, late payments, limitations of liability, privacy, acceptable use and resolution of disputes by arbitration instead of in court. You may accept these Terms and Conditions by doing any of the following: (a) giving us a written or electronic signature, or telling us verbally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or “Customer Equipment”.

The T&Cs may be updated from time to time without notice to you. These changes may affect our Service, discounts, technologies (including changes to our network that may affect your device’s compatibility or features), coverage or any other terms in the T&Cs. By continuing to use our Service, you agree to be bound any and all such changes as of the date the changes are posted to our website: local2u.com. You should check regularly for updates and changes. When using local2u’s Service, you shall be subject to any posted policies, guidelines or rules applicable to the Service whether or not they appear in these Terms and Condition, and all such policies, guidelines and rules are incorporated by reference into the T&Cs. You further agree that, except as otherwise expressly provided in this T&Cs, there shall be no third-party beneficiaries to this agreement.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS FOR ITS USE INCLUDING ANY FUTURE MODIFICATIONS OR ADDITIONS.

Representations

You represent that you are the minimum age to enter into a contract in your state of residence and you are legally authorized to enter into a legal agreement with local2u for Service. If you qualify for certain reduced rate or free Service through a federal or state government program, you may be required to provide additional personal information to validate your eligibility for local2u Service. You also represent that you own the residence that you have identified as the service location for your account.

Dispute Resolution and Arbitration

You agree that, except as provided below, any and all claims or disputes in any way related to, or concerning these T&Cs or local2u’s provision of Service, marketing practices, devices or products will be resolved by binding arbitration on an individual non-representative basis. This binding dispute resolution and arbitration process (the “ADR Process”) shall also apply to any claims against other parties relating to Service or Equipment provided or billed to you (such as our suppliers, Dealers or third-party vendors) whenever you also assert claims against us in the same proceeding. This also includes any claims brought after your service agreement with local2u terminates. The ADR Process shall survive the termination of this Agreement. For the avoidance of doubt, the above phrase “any and all claims or disputes” includes any claims under the Telephone Consumer Protection Act, which are also subject to this ADR Process. You expressly agree that the arbitration provisions, as embodied in this ADR Process, shall be governed by federal law, including the Federal Arbitration Act and federal case law interpreting the Federal Arbitration Act. For purposes of enforcing any arbitration award, local2u and you agree that the exclusive venue shall be California.

WAIVER OF JURY TRIAL. BY AGREEING TO ARBITRATE ALL DISPUTES, YOU ARE WAIVING ANY STATUTORY AND CONSTITUTIONAL RIGHTS TO A JURY TRIAL. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT.

Dispute Resolution. Before initiating any arbitration against local2u, you must first give us an opportunity to resolve your claim by calling our customer service department at 548 - 562-2528 and providing a written description and supporting documentation of your claim, if requested by the local2u representative. local2u and you each agree to negotiate your claim in good faith. If local2u and you are unable to resolve the claim within sixty (60) days after local2u receives your claim description and supporting documentation, you may pursue your claim in arbitration.

Small claims option. As an alternative to arbitration, local2u may choose to resolve payment disputes in small claims court in the county of your most recent billing address. local2u and you agree that if you fail to timely pay amounts due, local2u may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by applicable law or the Agreement.

Discovery: Notwithstanding anything to the contrary in the Arbitration Rules, to the extent permitted by applicable law, you and local2u agree that discovery shall be limited to one deposition per side and ten requests for production of documents and materials, including any electronically stored information, reasonably tailored to the issues in the case, given the Arbitrator’s discretion to limit the production of electronically stored information or shift the cost to the party seeking the production of electronically stored information, depending on the circumstances presented to the Arbitrator. The purpose of this provision is to ensure that the arbitration process is more affordable than an action in Court and that you are not dissuaded from bringing a legitimate claim based on the broader range of discovery permitted in a court action. Notwithstanding the foregoing, the Arbitrator will have discretion, upon a showing of good cause and necessity to ensure a fair hearing on the merits, to expand the limits of discovery to include additional depositions, additional document requests, or expanded to include written interrogatories in lieu of additional depositions.

CLASS ACTION WAIVER. local2u AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against local2u.

Refunds; Cancellation or Termination of Service Plans.
- General. Subject to our Refund Policy as described below, you may cancel or we may terminate (in accordance with these T&Cs and our Acceptable Use Policy) any Service plan that you purchase from us at any time; provided that, except as otherwise required by applicable law and our Refund Policy, you will not receive any refund of amounts paid to us in connection with any such Service plan whether cancelled by you or terminated by us.
- Plan Refund Policy. You may request a refund and cancel your new local2u service activation for any reason within seven (7) calendar days of activation, and we will refund the full purchase price and any associated taxes and fees, as long as you: (i) have purchased a local2u plan on https://local2u.com; and (ii) complete our refund request form located at https://local2u.com to cancel your new service activation. Refunds will be processed within ten (10) business days after you complete the refund request form or when any equipment provided by local2u is received by us. You are not eligible to request a refund for a new local2u Service activation after thirty calendar days have passed since the date of purchase.
Requirements for Receiving Service.
- Placement of Company Equipment. It will be necessary for the Company to attach its facilities, including but not limited to cabling, equipment, antennas, receivers, transmitters and repeaters (“Company Equipment”), to your property. Some of the equipment may be used to enhance or extend the signals from wireless components of the Company’s network outside of your specific location. By ordering service, you agree to allow the Company to place all such equipment to the building in which you receive service. This Company Equipment will be provided, installed and maintained by local2u at no charge to you. Upon termination of Service, you will need to return the Company Equipment to avoid being charged.
- Return of Customer Equipment. local2u may provide certain equipment for your personal use to utilize local2u’s broadband service, including but not limited to wireless routers and modems (“Customer Equipment”). Upon termination of your account, you must return all such Customer Equipment in good and operating condition (excepting normal wear and tear) within 14 days of service termination. You will be required to enter into a separate rental or lease agreement for such equipment and will be required to provide a credit card number or cash deposit in the amount of $375 as collateral for the equipment. If you do not return the equipment within 14 days of service termination, you acknowledge and agree that local2u may charge the full replacement cost of the unreturned equipment to your credit card or may apply the cash deposit.
- Right to Transmit. You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such content, image or data does not violate any law (including copyright or trademark laws) or any other third-party rights.
Service Availability

Services may be provided by wireless facilities for a portion or the entire transmission. Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree that local2u has no responsibility for the accuracy, completeness, value or usefulness of any content, advice or opinions contained in any emails, third party web sites, message boards, chat rooms, or social networks that you may access using local2u’s broadband service. The Internet may contain material that is unsuitable for minors, and you agree to supervise and to accept sole responsibility and liability for any use of the Service by minors through your account. Local2u makes no guarantees as to the continuous availability of its Service or any specific feature(s) of the Service. Local2u does not guarantee call quality, upload or download speeds, and the Service speed may vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of local2u. You agree local2u is not liable for service quality problems or outages and you agree that under no circumstances will you have a right to seek lost revenue damages, punitive or compensatory damages.

Emergency and 9-1-1 Information and Emergency Alerts. local2u’s broadband service does not provide the capability to dial 9-1-1 or other emergency services. Customers may be able to use third-party applications or functionality to access to emergency calling to 9-1-1 services over local2u’s broadband connection. However, service quality and reliaiblty of such third-party applications are the sole responsibility of such other parties, and by ordering service from local2u, you expressly waive the right to bring any claim against local2u for the functioning of any third-party applications or functionality. LOCAL2U IS NOT RESPONSIBLE OR LIABLE FOR ANYTHING RELATED TO YOUR INABILITY TO USE ANY OF ITS SERVICES FOR EMERGENCY CALLS (WHETHER 9-1-1 CALLS OR OTHERWISE).

Service Plans and Eligiblity Requirements for Subsidized Plans
- General. Your Service will operate only after you have subscribed to a local2u Service plan. Your account may be canceled for any violation of these T&Cs or if you have not successfully paid any undisputed portion of an invoice for 60 days or more.
- Charges. You agree to pay all charges that local2u bills you for Service or Customer Equipment. All Service plans are measured on 30-day monthly cycles (including for purposes of determining your data usage levels, as described below in Section 8.6), except that 12-month plans may be measured on 30-day and/or 31-day cycles, for a maximum of 365 days total. We may offer you the opportunity to set up automatic payments through the method of payment on your account, which payments will be automatically charged at the end of your applicable payment cycle (“Auto Renew”). When you enroll in Auto Renew, automatic payments for plan fees that you incur will continue until you cancel. You may cancel Auto Renew or review your payment preferences at any time by contacting our customer service department at 548 - 562-2528, or managing your account preferences on the local2u website. You must change your Auto Renew preferences or cancel 24 hours prior to the end of your payment cycle in order for the change to go into effect. No minimum purchase is necessary to enroll in Auto Renew. You agree to provide us with accurate and complete payment information and to immediately report to us all changes to your payment information.
- Eligibility for Reduced Cost Service Plans. Customers may be eligible for discounted broadband service via the Affordable Connectivity Program, or through other federal or state programs. Households can qualify for the Affordable Connectivity if the household income is at or below 200% of the Federal Poverty Guidelines or if a member of the household meets one of the following criteria by participating in certain government assistance programs such as:
  - SNAP
  - Medicaid
  - SSI
  - WIC
  - Lifeline
  - Free and Reduced-Price School Lunch Program or the School Breakfast Program
  - Received a Federal Pell Grant in the current award year
  - Qualifies for a participating provider’s existing low-income program, subject to FCC approval of that provider’s eligibility process
    
    Households located on qualifying Tribal lands may also qualify based on participation in one of the following Tribal assistance programs:
- Permissible and Prohibited Uses. local2u’s broadband service may not be used for any improper or illegal activity. If local2u detects improper or illegal activity, it has the right to disconnect your broadband service and terminate your account.
- Downloadable Content and Applications. Content or applications (e.g., downloadable or networked applications, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase using local2u broadband are not sold by local2u. local2u is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps must be directed to the third-party seller.
- Use of Information. If you visit any third-party website or app store, or download or use any Content & Apps, the third party may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable) to the Content & Apps provider or some other third party. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. Please refer to the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third-party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.
- Suspension and Cancellation. If your account is deactivated due to nonpayment, your account will be in a suspended status for 60 days. If your account is not reactivated within the 60-day period, it will be cancelled. If your account is cancelled, your remaining balance will be forfeited, except as otherwise required by applicable law. For any cancelled accounts, we may reassign the phone number associated with your account, and may be unable to transfer that number to a different carrier.
Taxes, Fees and Surcharges
Service Plans and Customer Equipment
- Service Plans. local2u offers only month-to-month broadband service plans. Our current service offering is unlimited bandwidth in both directions subject to the link capacity of your connection, available bandwidth on our network, and fair waited queuing for other users and applications on our system.
- Customer Equipment. local2u may offer certain Customer Equipment for lease to utilize its broadband Service. Available equipment and associated charges are as follows:
  
  Outdoor Unit (ex. Radio Equipment and Brackets): $399
  
  Indoor Unit (ex. Router): $159
Fees, Taxes and Surcharges
Broadband service from local2u may be subject to various local, state and federal fees, taxes and surcharges as set forth below:
- Recovery Fee. The Recovery Fee is assessed to help recover local2u’s costs to comply with various federal and state programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay Service Programs, (ii) Federal Universal Service Fund Program, (iii) international, federal, state, municipal, local and/or other governmental franchise, excise, public utility and other telecommunications taxes, fees and charges now in force or enacted in the future, and (iv) other costs we incur to comply with government regulations and programs, which are not taxes or fees that local, state or federal governments require local2u to collect.
  
  The Recovery Fee is calculated as a flat, per-plan fee (refer to table below), plus an additional 2.5% of the plan cost which is applied to help recover other administrative fees. Although added to the overall charge, the Recovery Fee is separate from the cost of Service and the Recovery Fee shall not result in the purchase of any additional Service time. We set the Recovery Fee, and the amount and what the Recovery Fee includes may change without notice.
- Federal Universal Service Fund Fee. The Federal Universal Service Fund Fee is used to fund programs to increase access to advanced telecommunications services for consumers in rural areas at reasonable rates and provides federal program funding. Rate may change as determined by the Federal Communications Commission.
- State Universal Service Fund Fees. State Universal Service Fund Fees are designed to recover local2u’s contribution to various state universal service fund programs. State fees may be assessed as a percentage of intrastate revenues, gross revenues, or as a flat rate per line as set forth by the various state, county or municipal jurisdiction. These rates may change.
- Sales and Use Taxes. Sales and use taxes are assessed to allow local2u to recover the cost of all federal, state, municipal, local or other governmental sales and use taxes now in force or enacted in the future, that arise as a result of your subscription to, use of, or payment for local2u Service. To determine sales and use taxes, we will use the street address on file. If a credit card address is not on file, then we will use the ZIP code you entered upon activation of the Service.
- 9-1-1 Fees. Each state, city, municipality, or county has specific charges that are levied for access to 9-1-1. Determination of the applicable 9-1-1 charges depends on where you purchase local2u Service. local2u may bill its customers for 9-1-1 charges. Any such 9-1-1 charges are a monthly recurring charge assessed on a per line basis and will appear on your monthly or multi-month receipt.
Your Right to Dispute Charges
Broadband service from local2u may be subject to various local, state and federal fees, taxes and surcharges as set forth below:
- Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or charges to your account within sixty (60) days after the date you first receive the disputed bill or charge. If you do not notify us of your dispute in writing with supporting documentation within this time period, you may not pursue a claim in arbitration or in court. You must pay disputed charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved.
- Charges by third parties. You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you. Authorized changes may require your agreement to new Terms and Conditions.
Notices and Customer Communications
- Receipt of Communications. You expressly consent to receive all communications, agreements, documents, notices and disclosures (“Notices”) from us, at the telephone number associated with your Device, or physical or electronic address you provide to us. Notices from us to you are considered delivered when we deliver them to your Device by text message or voice, or by email to any email address you provide to us, or three (3) days after mailing to your address on file.
- Autodialed or Prerecorded Messages. We may at times contact you using autodialed or prerecorded message calls at the telephone number associated with your account. We may place such calls to (i) provide notices regarding your local2u account or account activity, (ii) investigate or prevent fraud,(iii) inform you about products or services that may be of interest to you, or (iv) collect a debt owed to us. You agree that we and our service providers may contact you using autodialed or prerecorded message calls to carry out the purposes we have identified above. We may also share your phone number with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number with third parties for their own purposes without your consent.
Misuse of Service or Device

You agree not to misuse the Service, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with, reprogramming or altering any equipment provided by local2u; (e) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f)accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, local2u’s or another entity’s network or systems; (g) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a Service plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (h) assisting or facilitating, directly or indirectly, anyone else in any of the above activities.

Our Rights to Limit or End Service or the Agreement
- WE MAY LIMIT, THROTTLE, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE AT ANY TIME AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, the need to manage load on local2u’s network, or if you, any user on your account: (a) breaches the Agreement; (b) transfer(s) Service to another person without our consent; (c) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (d) misuses your Service as described in Section 13 above; (e) uses your Service in a manner that is excessive, unusually burdensome, or unprofitable to us; or (f) are on a Service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service or suspend your Service in our sole discretion and without notice.
  
  local2u may discontinue providing local2u Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds if your usage, in the sole judgment of local2u: (i) may be harmful or disruptive to, or interfere with, local2u’s network, local2u’s service or the ability to provide quality service to other customers. By initiating local2u Service, you acknowledge and agree to local2u’s right to terminate your Service under these circumstances.
  
  If we limit, suspend or terminate your Service and later reinstate your Service, you may be charged a reinstatement fee.
- No Future Service. In the event local2u terminates your local2u Service for any reason specified in Section 14.1 or otherwise, we reserve the right to prohibit you from using any local2u Service plan in the future, prohibiting you from using a new local2u Service account to which you may try to subscribe, or through other means.
- Refund Policy. If local2u suspends your Service for any reason, you will not receive any refund of amounts paid to us in connection with such Service plan.
- Equipment Returns. For equipment provided by local2u, a restocking fee and/or shipping and handling fee may apply if returned prior to conclusion of service.
Limitation of Liability

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, LOCAL2U IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF ITS SERVICES OR EQUIPMENT UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR STORED DATA STORED OR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF STORED DATA.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WE DO NOT MANUFACTURE OUR DEVICES. THE ONLY WARRANTIES APPLICABLE TO OUR DEVICES ARE THOSE EXTENDED BY THE MANUFACTURERS. WE HAVE NO LIABILITY, THEREFORE, IN CONNECTION WITH DEVICES OR FOR MANUFACTURERS’ ACTS OR OMISSIONS. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

YOU AGREE THAT LOCAL2U IS NOT RESPONSIBLE FOR LOSSES RELATING TO YOUR INABILITY TO REACH 9-1-1 OR ACCESS ANY OTHER EMERGENCY SERVICES.

Intellectual Property

You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of local2u or any other third party. Except for a limited license to use the local2u Service, your purchase of local2u Service and local2u Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of local2u or others related to the local2u Service and local2u Devices; this intellectual property may be used only with local2u Service unless expressly authorized by local2u. You agree that a violation of this section harms local2u, which cannot be fully redressed by money damages, and that local2u shall be entitled to seek immediate injunctive relief in addition to all other remedies available.

Privacy Information

Our Privacy Policy governs how we collect and use information related to your use of the local2u Service and is available online at https://local2u.com/privacy-policy/. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change.

Disclaimer of Warranties

EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE GREATEST EXTENT PERMITTED BY LAW, THE local2u SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING SECURITY OR AUTHENTICATION PURPOSES, CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE.

Waivers and Limitations of Liability
YOU AGREE THAT:
EXCEPT IN CASES OF FRAUD OR WILLFUL MISCONDUCT, TO THE GREATEST EXTENT PERMITTED BY LAW, local2u IS NOT RESPONSIBLE FOR LOSSES RELATING TO ANY SERVICE, SIM CARD, AND/OR DEVICE IT MAY OFFER UNDER THESE T&CS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT local2u IS NOT RESPONSIBLE FOR LOSSES RELATING TO YOUR INABILITY TO REACH 9-1-1 OR ACCESS ANY OTHER EMERGENCY SERVICES.
Indemnification

You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or any person you allow to use your Service or Device.

Enforceability and Assignment

A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between local2u and you and defines all of the rights you have with respect to your local2u Service or local2u equipment , except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; local2u is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Sections 2-3, 5, 8-14, and 16-22 of this Agreement continue after termination of our Agreement with you.

Choice of Law

local2u and you agree that the Agreement is governed by the Federal Arbitration Act and applicable federal law, including but not limited to determinations of arbitrability. Without limiting the general applicability of federal law to the Agreement (including but not limited to any and all determinations of arbitrability as provided for in Section 2 to these T&Cs), and only to the extent state law may apply to the Agreement, local2u and you agree the laws of the state in which your billing address is located shall apply, without regard to the conflict of laws rules of that state. Foreign laws do not apply.

CPNI

Customer Proprietary Network Information (“CPNI”) is information that local2u and other telecommunications carriers obtain when providing your telecommunications services to you. CPNI includes the types of telecommunications services you currently purchase, how you use them, and the billing information related to those services, including items such as the types of local, long distance and wireless telecommunications services that you have purchased and your calling details. Your telephone number, name and address are not considered CPNI.

We may use your CPNI to the extent needed to provide you with the Service, including, to the extent available and applicable, any multi-line services you have purchased. We also may use your CPNI to offer you additional services of the type you already purchase from local2u. We may also use your CPNI to offer you products and services, packages, discounts and promotions from our affiliates, which may be different from the types of services you already purchase.

local2u uses technology and security features and strict policy guidelines to safeguard the privacy of CPNI and protect it from unauthorized access or improper use. local2u does not disclose CPNI outside of local2u, its affiliates and their respective agents without customer consent except as required by law. When local2u uses third parties to perform services on its behalf that require the use of CPNI, local2u requires that they protect the CPNI consistent with this provision. local2u does not sell CPNI to unaffiliated third parties.

If you wish to restrict our use of your CPNI for marketing purposes, you may contact a customer service representative at the customer service phone number to request such restrictions.

Force Majeure

local2u will not be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, pandemics, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond local2u’s reasonable control.

Attorneys’s Fees

If you breach this agreement for any reason, including misuse of service or failure to timely pay invoices, local2u shall be entitled to recover all attorney’s or agent fees and costs associated any effort to enforce this agreement, including collection agency fees or fees and costs associated with legal action to collect monies due on your account or otherwise enforce provisions of this agreement.