Terms of Use

These terms of use ("Terms of Use") were last updated on June 11, 2002.

This website (the "Site") is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Site.

Leap Wireless International, Inc. and its affiliates (collectively, "Leap") have established the following Terms of Use to outline the rights and responsibilities of users of this Site. Leap may update and change these Terms of Use from time to time. You must review these Terms of Use each time you use this Site to confirm your agreement to abide by them. Our policies are designed to ensure that all users have a safe and productive experience.

You agree that whenever you access this Site via leapwireless.com or any other link or URL, you will comply with the following Terms of Use, which include our copyright policy and legal disclaimers. You agree that by using this Site or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.

SITE SECURITY
YOU ARE SOLELY RESPONSIBLE FOR ALL USE OF AND ACCESS TO INFORMATION AVAILABLE THROUGH THIS SITE, INCLUDING SUCH USE OR ACCESS THROUGH ANY USER ID AND PASSWORD YOU AUTHORIZE. LEAP SHALL HAVE NO LIABILITY FOR ANY ACTIONS RESULTING FROM ACCESS TO THIS SITE, INCLUDING BY USING ANY SUCH USER ID OR PASSWORD AND YOU AGREE TO INDEMNIFY LEAP FOR SUCH ACTIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

AUTHORITY
You agree that you have the legal right and ability to agree to these Terms of Use and that you will use this Site in a manner consistent with these Terms of Use. You agree that you are financially responsible for your use of this Site, as well as for the use of this Site by others on your behalf, including any employees, agents or contractors.

YOUR CONDUCT
You agree to use this Site only for your personal and noncommercial use, and only for lawful purposes. Leap reserves the right to prohibit access to those individuals whom Leap determines are violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Site, or whose conduct would constitute a criminal offense, give rise to civil liability, or otherwise violate Leap’s policies or any applicable local, state, national, or international law. Please note that unauthorized entry (commonly referred to as hacking) into any portion of the Site or cricketcommunications.com may constitute a crime under state and/or federal law. Leap will prosecute these violations to the fullest extent permitted by law.

SEVERABILITY
If a court determines that any Term of Use is illegal or unenforceable, then such term will be eliminated and the remaining Terms of Use will remain in force and effect.

NO WAIVER
No failure or delay on the part of Leap to exercise any right or privilege under these Terms of Use shall operate as a waiver of such right or privilege or as a waiver of the ability to exercise any other right or privilege under these Terms of Use, nor shall any single or partial exercise of any such right or privilege preclude other or further exercise of such rights or of any other right or privilege of Leap.

ENTIRE AGREEMENT; JURISDICTION AND CHOICE OF LAW AND FORUM; ARBITRATION
These Terms of Use and Leap’s Privacy Policy constitute your entire agreement with Leap regarding this Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Leap with respect to the Site. This Site may not comply with legal requirements of foreign countries, therefore the Site and its contents are intended only for access and use by United States residents and are presented solely as a service to visitors and/or subscribers located in the United States of America and its territories. These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law; provided, however that if an applicable state law prohibits the use of Viriginia law, then these Terms of Use, only in such instances, shall be governed by the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with Leap or its affiliates, parent, subsidiaries, employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site resides in the U.S. District Court for the Northern District of Virginia (if federal jurisdiction exists) or the courts of the Commonwealth of Virginia; provided, however, that if an applicable state law prohibits exclusive jurisdiction and venue in U.S;. District Court for the Northern District of Virginia or the courts of the Commonwealth of Virginia, then, only in such cases, exclusive jurisdiction and venue shall reside in the U.S. District Court of North Carolina (if federal jurisdiction exists) or the courts of the State of North Carolina, and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use.

You agree that Leap, at its sole discretion, may require you to submit any disputes arising from the use of this Site and/or these Terms of Use regarding or, including any disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptability to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (the "Rules"), by one or more arbitrators appointed in accordance with the Rules. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the Commonwealth of Virginia (or North Carolina, as the case may be) as set forth herein. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

E-MAIL COMMUNICATIONS
Leap may contact you by email to:

• respond to any questions you may send us,
• send you e-mail communications about information we think you will find useful--including announcements about new products and services, or
• communicate other information as necessary to administer the Site and its services.

SUBMISSIONS
Other than information which is addressed under our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Site becomes and will remain the property of Leap and may be used by Leap anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to Leap will be treated as non-confidential and non-proprietary, and Leap will not have any obligation to use or evaluate any information we receive from you. Leap will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.

LINKS TO OTHER WEB SITES
This Site may provide links to other websites that we think might be of interest to our users ("Linked Sites"). Please note that when you click on one of these links, you may be moving to another provider's website. These Linked Sites are not under the control of Leap, and Leap is not responsible for the contents or the proper operation of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link does not imply endorsement by Leap or any association with its operators. Leap cannot control the activities of any such provider once a user leaves this Site. We encourage you to read the terms of use and privacy statements of these linked sites as their policies may differ from ours.

PROTECTING YOUR INFORMATION
The security of information depends in part on the security of the computer you use to communicate with Leap, the security you use to protect any User IDs and passwords, and the security provided by your Internet access services provider. Leap is not responsible for the security of your Internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Moreover, information that you pull up via this Site may be cached or stored during your session for your convenience, therefore if others have access to your computer or any User ID and password, they may be able to access this information. You should log off when you are done viewing information or anytime you leave your computer. Leap is not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site (including, but not limited to, any Site User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.

INSPECTION, CORRECTION, AND REMOVAL OF INFORMATION
Leap will use reasonable efforts to allow you to review, correct or update the information that you have provided to Leap at any time. Please note that because of back-up systems and records of deletions, it may not be possible for us to locate and remove from our systems residual information that you have provided to us.

Leap cannot require third parties to change information that has been disclosed to them with your consent. To modify this information, you will have to go directly to the relevant third party.

LIMITATION OF LIABILITY
BY ACCESSING THIS SITE, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST LEAP AND ALL THIRD PARTY CONTENT PROVIDERS REGARDING THE INFORMATION PROVIDED ON THIS SITE AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL LEAP OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR ITS CONTENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE GOODS OR SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THIS SITE. LEAP SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, TEST, PROCEDURE, OR SERVICE CONTAINED IN THE MATERIALS PROVIDED TO USERS.

LEAP'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, ANY SERVICES, OR THE PRIVACY POLICY IS THE CESSATION OF YOUR USE OF THE SITE. THESE REMEDIES ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR ABOVE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

LEAP CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USEOF THIS SITE.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD LEAP AND ALL THIRD PARTY CONTENT PROVIDERS WHICH PROVIDE CONTENT FOR THIS SITE (EITHER THROUGH LINKS OR OTHERWISE), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THIS SITE, YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER.

DISCLAIMERS
SOME OF THE CONTENT ON THIS SITE MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS AND USERS. LEAP IS A DISTRIBUTOR AND NOT A PUBLISHER OF SUCH CONTENT AND HAS NO EDITORIAL CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF LEAP.

ALTHOUGH LEAP USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THIS SITE, LEAP AND SUCH CONTENT PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT ON THIS SITE. THE INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEAP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LEAP AND THE CONTENT PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS LEAP FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH.