Round Up Donation Feature Terms and Conditions.

These PureTalk Holdings Inc. Round Up Donation Feature Terms and Conditions (the "Terms") are a legally binding agreement between you and PureTalk Holdings Inc. governing your use of the optional feature that allows you to donate your change (the "Feature") on the PureTalk Holdings Inc. platform. Your use of the Feature is subject to the PureTalk Holdings Privacy Policy and Terms of Use. All of the Terms are incorporated by reference. Your use of the Feature is also subject to America's Warrior Partnership, Inc.'s Privacy Policy. IF YOU DO NOT AGREE TO BE BOUND BY THE PureTalk Holdings Inc. PRIVACY POLICY and TERMS AND AMERICA'S WARRIOR PARTNERSHIP, INC.'S PRIVACY POLICY, YOU MAY NOT USE THE FEATURE.

By making a donation via the Feature, you hereby authorize and agree to PureTalk Holdings Inc. initiating a charge against your credit or debit card on file with us.

1. The Round Up Donation Feature

This Feature, enabled by Pure Talk Holdings Inc., allows customers of PureTalk Holdings Inc. the opportunity to support the charitable organization, as further described in this section. The Feature allows customers who are purchasing in USD and using credit or debit cards for their purchase, to round up the purchase price they pay to the next whole dollar and donate the difference between the two (each a "Donation") to America's Warrior Partnership, Inc. America's Warrior Partnership, Inc. is a 501(c)(3) that works across the United States. Your Donation will not be made to PureTalk Holdings Inc. Your Donation will be collected by PureTalk Holdings, Inc. and passed through to America's Warrior Partnership, Inc. by PureTalk Holdings Inc. You can read about America's Warrior Partnership here.

2. Purchases and Donations

If you select to use the Feature, the Donation amount, calculated by rounding your purchase price up to the next whole dollar, will be displayed to you before you complete your order and as a line item on the Review page where your order summary is displayed prior to purchase. Your Donation to America’s Warrior Partnership, which is collected by PureTalk Holdings Inc. and passed through to America's Warrior Partnership, Inc. If you use the Feature, your Donation, if successful, will be listed in the itemized receipt shared with you after you successfully complete your transaction. If your underlying purchase from PureTalk Holdings Inc. results in a chargeback or refund, you will be refunded the underlying purchase amount only. Any questions or claims regarding chargebacks, refunds, disputes, and/or tax deductions with respect to Donations should be directed to America's Warrior Partnership, Inc.

If your purchase on PureTalk Holdings Inc. is successful, but your Donation fails, you will be informed that your Donation was not successful, and your payment method will not be charged the Donation amount.

3. Non-profit Organizations Supported by the Feature

This Feature currently supports buyer Donations to the America's Warrior Partnership only. PureTalk Holdings Inc. may decide, in its sole discretion, to add or remove charitable organizations to or from the Feature at any time, for any reason, and without notice to you.

PureTalk Holdings not responsible for, disclaims liability for, and makes no guarantees or representations with respect to, how the Donation will be spent by America's Warrior Partnership, or any potential tax deductions or benefits (if any) that you may or may not receive as a result of any Donation. Donations may not be eligible for tax deductions or other benefits. You are solely responsible for undertaking any required reporting and for claiming any applicable tax benefits. Any questions or claims regarding chargebacks, refunds, disputes, and/or tax deductions with respect to Donations should be directed to America's Warrior Partnership, Inc.

By enabling the Feature, you consent and agree to America's Warrior Partnership, Inc. receiving personally identifiable information about you (including, but not limited to, name, billing address and Donation amounts) in connection with this Feature.

4. Limitation of Liability

To the fullest extent permitted by state and federal law, YOU AGREE THAT NEITHER PureTalk Holdings Inc. NOR OUR VENDORS, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY: (a) act or omission by you or a third party; (b) mistake, omission, interruption, error, failure to transmit, delay, or defect in the Services provided by or through us; (c) damage or injury caused by use of the Services or Devices, including accidents or health-related issues; (d) claim against you by third parties; (e) damage or injury caused by a suspension or termination of service by Pure Talk Holdings Inc.; (f) damage or injury caused by failure or delay in contacting emergency services, including through 911; (g) content or information accessed while using our Services; (h) interrupted, failed, or inaccurate location information services; (i) information or communication that is blocked by a spam filter; (j) events due to factors beyond our control, including acts of God (e.g., weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts; (k) changes in operation, equipment, or technology that cause your Device or software to be rendered obsolete or require modification; or (l) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information or data stored on your Device, computer, equipment, or a Pure Talk Holdings Inc. storage space from your use of the Services, when we service your Device, or from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each. Notwithstanding the foregoing, if your service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, either a credit equal to a prorated adjustment of any recurring charge for the time period your service was unavailable, not to exceed the charges collected for the period of interruption, or an extension of the expiration period. Unless applicable law precludes parties from contracting to so limit liability, PureTalk shall not be liable for any indirect, special, punitive, incidental, or consequential losses or damages you or any third party may suffer by use of, or inability to use, the Services or Devices provided by or through PureTalk, including loss of business or goodwill, revenue or profits, property damage or claims of personal injuries. THESE LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, OR PRODUCT LIABILITY.

5. Indemnity

To the fullest extent allowed by law, you agree to defend, release, indemnify, and hold harmless Pure Talk Holdings Inc. and its officers, directors, employees, and representatives from and against any and all losses, claims, liabilities, injuries, costs, damages, and expenses (including taxes, fees, fines, penalties, interest, expenses, and attorneys’ fees) of any person or entity arising out of or relating to, directly or indirectly, your or any other person’s use of the Services or Devices provided by Pure Talk Holdings Inc.; your acts or omissions, including your breach of this Agreement; other Pure Talk Holdings Inc. policies; any applicable statutes, ordinances, laws or regulations of any federal, state, or local authority’ and claims arising in whole or in part from the alleged negligence of Pure Talk Holdings Inc.. This obligation shall survive termination of your service with Pure Talk Holdings Inc.

6. Warranties

Warranty disclaimers set forth herein govern unless they are prohibited by applicable law. PureTalk Holdings Inc. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR PERFORMANCE TO YOU IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE OR DEVICES. You acknowledge that service interruptions will occur from time to time. 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. We do not manufacture any Device that is associated with our Services and as such we are not responsible for any defects, acts, or omissions of the manufacturer including any warranties, patent, or licensing obligations. Your Device may have a limited warranty extended by the manufacturer directly to you or passed on to you through the vendor from which you purchased the Device.

7. General

This Feature is optional on a per qualifying purchase basis and you are under no obligation to use it. These Terms may be modified at any time pursuant to PureTalk Holdings Inc.'s Terms of Use. Pure Talk Holdings Inc. also reserves the right to reject Donations and/or discontinue the Feature at any time and without notice to you. If the Feature is terminated by America's Warrior Partnership, any Donations made prior to termination will be completed.

Last updated on December 20, 2022