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deposit in the U.S. mail, postage prepaid, and properly addressed.
Unless required by this Agreement or Applicable Laws, (1) you may
notify us by calling PCS Customer Care, and (2) we may notify
you by leaving a message for you on your PCS Phone, answering
machine or with your answering service. Notice addresses may be
changed by giving notice as provided in this section.
Choice of Law; Jurisdiction
This Agreement is governed by and must be construed under federal
law and the laws of the State of Kansas, without regard to choice of law
principles. You agree to submit yourself to the personal jurisdiction of
the courts in the State of Kansas.
General
If either of us does not enforce any right or remedy available under this
Agreement, that failure is not a waiver of the right or remedy for any
other breach or failure by the other party. Our waiver of any
requirement in any one instance is not a general waiver of that
requirement and does not amend this Agreement. If any part of this
Agreement is held invalid or unenforceable, that part is interpreted
consistent with Applicable Laws as nearly as possible to reflect the
original intentions of the parties and the rest of this Agreement remains
in full force and effect. Section headings are for descriptive purposes
only and are not used to interpret this Agreement. You may not assign
this Agreement to any other person or entity without our prior written
approval. This Agreement (including any referenced documents and
attachments) makes up the entire agreement between you and us and
replaces all prior written or spoken agreements, representations,
promises or understandings between you and us. The provisions of this
Agreement that are contemplated to be enforceable after the termination
of the Agreement survive termination of this Agreement. This
Agreement is subject to any applicable federal and state law
(collectively, “Applicable Laws”). If there is a conflict, the Service Plan
(including any Term Service Plan) controls over the Terms.
The following provisions are not generally applicable and apply
only to customers whose Service Plans include these terms:
Traveling
If you are making or receiving calls outside you Home Service Area but
on the PCS Network, you may be charged for Services at a
“travel” rate for both outgoing and incoming traveling calls. Long
distance charges may not be included in the travel rate. Traveling
charges do not apply if you subscribe to a Home Rate USA plan or to
both Toll-Free USA and Home Rate USA. (See Home Rate USA and Toll-
Free USA for more information.) You do not have to register your
Number when traveling outside your Home Service Area.
Home Rate USA
This service lets you make or receive calls from anywhere on the PCS Network
at your Home Service Area airtime rates.
Toll-Free USA
This service lets you call from anywhere on the Network to
anywhere in the United States, Puerto Rico and the U.S. Virgin Islands
and be charged at your Home Service Area airtime rates, with no
additional long distance charges. If you have Home Rate USA but do
not have Toll-Free USA, and if you make a long distance call outside of
your defined local calling area, you are invoiced for the long distance
charges.
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