Terms & Conditions

These “Terms and Conditions of Service” are a legally binding agreement (“Agreement”) between you and Badger Communications, LLC. By using the Badger Communications, LLC service (the “Badger Communications, LLC Service”), you (“You”), the participant, acknowledge and agree to the following Terms and Conditions of Service. Badger Communications, LLC reserves the right to change or modify any of these Terms and Conditions of Service at any time and at its sole discretion.

Lifeline Program Terms & Conditions

Badger Communications, LLC Lifeline service is funded by the Universal Service Fund Lifeline Program and administered by the Universal Service Administrative Company. Eligibility determinations are made by the Universal Service Administrative Co. (“USAC”), the government entity who administers the Lifeline program. If a consumer believes they may qualify and wants to take advantage of the Lifeline program, they need to apply through the USAC National Verifier process, directly with USAC or with the assistance of a provider, and provide that eligibility determination to Badger Communications, LLC to complete their enrollment and receive the benefit. Once eligibility information has been provided, and enrollment is completed, a discount will be applied to the cost of the consumers qualifying broadband Internet subscription service on a monthly basis until they no longer qualify, request deactivation of the program benefit, or transfer the benefit to another service provider. These requirements are based on a person’s participation in a state or federal support Program(s) or by meeting certain income requirements based upon the Income Poverty Guidelines as denied by the US Government. Federal law limits the availability of the Lifeline Benefits. Federal law permits only one Lifeline benefit per household (which is defined as any individual or group of individuals who live together at the same address and share income and expenses), do not currently receive Lifeline support for a telephone line serving their household and no other resident in their household participates in the Lifeline Program. Qualified applicants understand they may be required to re-certify their continued eligibility at any time, and that failure to re-certify will result in the loss of their benefits. Subscriber will notify Badger Communications, LLC by calling 833-751-8586 within thirty (30) days if they no longer qualify for any of the public assistance Programs identified in their application form, no longer meet the criteria for income eligibility, if another member of their household receives Lifeline benefits, or if they no longer qualify for Lifeline for any other reason. Subscriber will notify Badger Communications, LLC of any change of address within thirty (30) days by calling 833-751-8586. Applicants certify they have reviewed the information contained in their application and it is true and correct to the best of their knowledge and belief, and that they understand that providing false or fraudulent information to obtain Lifeline benefits is punishable by law. Applicants who qualify and are enrolled in the Lifeline Program with Badger Communications, LLC will be provided with a cellular phone provided by Badger Communications, LLC together with service plan eligible allotment of airtime minutes and/or data each month for as long you remain eligible for service. Eligibility determinations are at the sole discretion of the FCC and the Universal Service Administrative Co. (“USAC”) who oversees administration of the benefit program.

Please call Badger Communications, LLC at 833-751-8586 or visit our website at badgerconnects.com for further information. Eligibility determinations are subject to change and must be renewed annually by USAC. If a customer fails to continue to qualify for the benefit, will immediately be deemed ineligible to participate and will be de-enrolled in accordance with the program rules. Badger Communications, LLC reserve the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s Badger Communications, LLC phone for fraud, misrepresentation or other misconduct as determined by Badger Communications, LLC and in alignment with the program rules. While participating in the Badger Communications, LLC program, a customer shall not be permitted to sell, rent, give away or in any way allow another person to use the cellular phone provided to him/her by Badger Communications, LLC. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE BADGER COMMUNICATIONS LLC PHONE PROVIDED TO YOU. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. In addition, if Badger Communications, LLC determines, that a Badger Communications, LLC customer has violated these prohibitions, Badger Communications, LLC will then permanently de-enroll the customer from the Badger Communications, LLC program, their phone will be permanently deactivated and the customer may not be eligible to receive service from Badger Communications, LLC in the future. If you have any questions, concerns, comments or complaints regarding the Badger Communications, LLC service, offerings or products, you can contact us directly at 833-751-8586. For questions regarding the Lifeline Program, you can contact our customer service at 833-751-8586, USAC’s Lifeline Support Center at (800) 234-9473 or LifelineSupport@usac.org, your state’s Public Service Commission/Public Utility Commission, or the FCC at consumercomplaints.fcc.gov.

Activation and Use of Your Phone

Upon enrollment in the Badger Communications, LLC program, you must accept the Badger Communications, LLC telephone number assigned to your phone at the time of activation and you will acquire no proprietary interest in any number assigned to you. The wireless telecommunications networks used to transmit calls for the Badger Communications, LLC Service are owned and operated by various licensed commercial mobile radio service providers (“Carriers”), not Badger Communications, LLC. The number assigned to your Badger Communications, LLC phone at the time of activation will not be changed for any reason unless required by a Carrier or if the number is lost following the deactivation of your phone. You may not select a number to be assigned to your Badger Communications, LLC phone. Badger Communications, LLC Service can only be activated where Badger Communications, LLC Service is offered and supported by Badger Communications, LLC. Some functions and features referenced in the Manufacturer’s manual provided with your Badger Communications, LLC phone may not be available on your Badger Communications, LLC handset. Badger Communications, LLC may modify or cancel any Badger Communications, LLC Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of these terms and conditions of service. Not all services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or Programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.

Rates, Usage, and Included Monthly Minutes

While you are enrolled in the Badger Communications, LLC Program, you will receive a free monthly allotment of airtime minutes and/or data as provided for in the eligible plan offered in your state. Badger Communications, LLC airtime is issued in minute (or unit) increments. Units are deducted from the Badger Communications, LLC phone at a rate of one (1) unit per minute or partial minute of use. There is no additional charge for nationwide long distance. As a Badger Communications, LLC customer, you are required to annually verify your continued Program eligibility every year (not including the year you enroll). If you fail to complete your annual verification by your service anniversary date, you will be de-enrolled from the Lifeline program. Upon de-enrollment from the Lifeline Program, you will cease receiving the free monthly allotment of airtime and data allotment. If you are de-enrolled, your phone will remain active and you may continue to use your phone so long as you have available airtime minutes and service days remaining on your phone. If your service is deactivated, you may reactivate your service by either re-enrolling in the Badger Communications, LLC Program (if eligible) or purchasing more airtime. Upon reactivation of your phone, you may be assigned a new telephone number. If you have been de-enrolled from the Badger Communications, LLC Program and are not eligible to re-enroll but you wish to keep your service active, you must purchase and redeem additional airtime and service. To prevent any interruption in your phone service, please keep your handset service active by timely completing your annual re-certification as required by the Lifeline Program rules.

“Non-Usage”: De-Enrollment and Deactivation

Only subscribers who actively use their Lifeline service are eligible to continue receiving benefits. If you reach thirty (30) consecutive days without any Usage (as defined in this section), you will be notified that failure to use your handset within fifteen (15) days will result in termination of Lifeline benefits. “Usage” includes any of the following: making a call, answering a call from someone other than Badger Communications, LLC, sending a text message, using data services, purchasing airtime or data, or informing Badger Communications, LLC that you wish to continue your participation in the Badger Communications, LLC Program. In order to reactivate your Badger Communications, LLC phone and re-enroll in the Badger Communications, LLC Program, you will need to call Customer Service. Upon successful re-enrollment, you will receive the monthly minutes that you were entitled to receive through the date your enrollment was cancelled. You will not, however, receive any airtime for the period of time you were not enrolled in the Badger Communications, LLC Program.

General Terms & Conditions

Right to Terminate Your Service

You agree not to give away, resell or offer to resell the Badger Communications, LLC Phone or Service provided by the Badger Communications, LLC Program. You also agree your Badger Communications, LLC phone will not be used for any other purpose that is not allowed by this Agreement or that is illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE BADGER COMMUNICATIONS, LLC PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if You: (a) violate any of the terms and conditions of service; (b) lie to us or attempt to defraud us; (c) allow anyone to tamper with your Badger Communications, LLC Phone; (d) threaten or commit violence against any of our employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with our representatives; (f) steal from us; (g) harass our representatives; (h) interfere with our operations; (i) engage in abusive messaging, emailing or calling; (j) modify your device from its manufacturer’s specification; or (k) use the service in a way that adversely affects our network or the service available to our other customers. We reserve the right to, without notice, limit, suspend or end your service for any other operational or governmental reason. In addition to permanently terminating your Service, criminal offenses (i.e., selling or giving away your Service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.

Unauthorized Usage

Badger Communications, LLC products and services are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Badger Communications, LLC product constitutes a violation of your agreement with Badger Communications, LLC and is prohibited.

Limitations of Service and Use of Equipment

Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier’s radio telephone system. Badger Communications, LLC reserves the right to substitute and/or replace any Badger Communications, LLC equipment (including handsets) with other Badger Communications, LLC equipment including handsets of comparable quality. Some functions and features referenced in the Manufacturer’s manual for a particular Badger Communications, LLC handset may not be available on your phone. Badger Communications, LLC does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither Badger Communications, LLC, nor any Carrier, shall have any liability for service failures, outages or limitations of Service.

Lost or Stolen Phone Policy

A phone reported lost or stolen will be permanently deactivated. Any airtime that you may have had on your lost or stolen phone will be lost. If you wish to continue receiving Badger Communications, LLC service, you may either buy a replacement phone from us, or provide your own unlocked phone, and purchase a replacement SIM card.

Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” 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 OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

Hearing, Visual or Speech Impaired Accommodations

Any hearing, visual or speech impaired persons interested in applying for a specially equipped Badger Communications, LLC must call Badger Communications, LLC at 833-751-8586 and specify the need(s) to an agent and Badger Communications, LLC will make every effort to assist such customer in obtaining a device that is in compliance with all applicable laws, rules, and regulations.

Emergency Calls

Badger Communications, LLC customers have access to 911 on cellular capable devices. Occasionally, however, callers may attempt to call 911 in areas where there is no wireless coverage. If there is no wireless coverage, your call to 911 may not go through and you should dial 911 from the nearest landline phone.

Limitation of Liability

Badger Communications, LLC is not liable to you for any direct or indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and/or Services. Badger Communications, LLC will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any service or equipment provided by or manufactured by third parties. When your Badger Communications, LLC phone is returned to Badger Communications, LLC for any reason, Badger Communications, LLC is not responsible and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads you may have stored on your phone or which may remain on your phone.

Indemnification

You agree to indemnify and hold harmless Badger Communications, LLC from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a connected device associated with Badger Communications, LLC Services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Dispute Resolution

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service department at 833-751-8586. As such, you agree that you will first contact Customer Service with any dispute and provide a description of the nature of the dispute, all relevant documents, other information concerning the dispute, and your proposed resolution before taking any formal action. If we are unable to reach a resolution of your dispute within 30 days of your notice to us, you agree that you will submit the dispute to binding arbitration as set forth in this provision or small claims court rather than bring a lawsuit. You may forward your dispute to: Badger Communications, LLC, 3213 W. Main St. #457, Rapid City, SD 57702.

Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF BADGER COMMUNICATIONS, LLC’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND BADGER COMMUNICATIONS, LLC FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT. This provision is intended to encompass all disputes or claims arising out of your relationship with Badger Communications, LLC, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to you and Badger Communications, LLC include our respective subsidiaries, affiliates, and predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must present any claim or dispute to Badger Communications, LLC by contacting our Customer Service, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. If your dispute proceeds to arbitration, the arbitration of any dispute shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting Badger Communications, LLC’s Customer Service as set out above. You and Badger Communications, LLC agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted in an e-court to minimize costs and the time it may take for an arbitrator to reach his or her decision. You and Badger Communications, LLC agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Badger Communications, LLC agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Badger Communications, LLC will pay the administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between you and Badger Communications, LLC in accordance with AAA Rules. Additionally, Badger Communications, LLC hereby waives any right to seek its attorney’s fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to you, the customer, where the law would so provide. If you initiate an arbitration in which you seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which you, the customer, reside to the dispute. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and Badger Communications, LLC waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor Badger Communications, LLC shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction. In the event that any claim proceeds in a court of law rather than through arbitration, you and Badger Communications, LLC agree that there will not be a jury trial. You and Badger Communications, LLC unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and Badger Communications, LLC further agree that in the event of litigation, this section of the Agreement may be led as an exhibit illustrating a knowing and written consent of any right to a trial by jury. YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH BADGER COMMUNICATIONS, LLC AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY CALLING US AT 833-751-8586 OR BY WRITING TO BADGER COMMUNICATIONS, LLC, 3213 W MAIN, #457, RAPID CITY, SD 57702.

BADGER COMMUNICATIONS, LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. BADGER COMMUNICATIONS, LLC SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF BADGER COMMUNICATIONS, LLC KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. BADGER COMMUNICATIONS, LLC SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.

These are the entire Terms and Conditions between Badger Communications, LLC and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.