|
i;Your k.ights fur°bPoppe'J LaiPS ?1r fi?,tetrrupted_Srs??L?;. ii
<br />you get disconnected by our network from a c,, jour home airtime rate
<br />area, redial. If the same number answers within j minutes, cali us wiihir
<br />90 days and we'll give you a 1 minute airtime credit. If service is
<br />interrupted in your home airt+me rate area for more than 24 hours in a roev
<br />due to our fault, call us within 90 days and we'll give you a pro rata daily
<br />cred+t, up to your monthly access charge, for that period. Thess are your
<br />only rights for dropped calis or interrupted service.
<br />¦ Payments, Deposits, Credit Cards, And Checks.- Payment
<br />is due in full as stated on your bill. IF WE DON'T RECEIVE PAYMENT IN
<br />FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY LAW,
<br />CHARGE A LATE FEE OF UP TO 11h PERCENT A MONTH (18 PERCENT
<br />ANNUALLY), OR A FLAT $5 A MONTH, WHICHEVER IS GREATER, ON
<br />UNPAID BALANCES. WE MAY ALSO CHARGE FOR ANY
<br />COLLECTION AGENCY FEES BILLED TO US FOR TRYING TO
<br />COLLECT FROM YOU. We may require an advance deposit (or an
<br />increased deposit) from you. We'll pay simple interest on any deposit at
<br />the rate ihe law requires. Please retain your evidence of deposit. You
<br />agree that we can apply deposits, payments, or prepayments in any order
<br />to any amounts you owe us on any account. You can't use a deposit to pay
<br />any bill unless we agree. We won't honor limiting notations you make on
<br />or with your checks. We may charge you up to $25 for any returned
<br />check, depending on applicable law. We refund final credit balances of
<br />less than one dollar only upon request.
<br />¦ If Someone Steals Your Wireless Phone. If someone steals
<br />your wireless phone, notify us, provide us with any documentation (such
<br />as a police report) we request, and we'll suspend your service for up to
<br />30 days, or until you replace or recover your wireless phone, whichever
<br />comes first. Until you notify us, you're still responsible for ali fees and
<br />charges.
<br />¦ Our Rights To Limit Or End Service Or This Agreement.
<br />You agree not to use (or to permit your wireless phone to be used) for any
<br />purpose thaYs illegal or not allowed by this agreement. WE CAN,
<br />WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE OR
<br />ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD
<br />CAUSE, including, but not limited to: (a) paying late more than once in
<br />any 12 months; (b) incurring charges larger than a required deposit or
<br />billing limit (even if we haven't yet billed the charges); (c) verbally or
<br />physically abusing our employees or agents; (d) lying to us; (e) interfering
<br />with network, customer service, or business operations; (f) becoming
<br />insolvent or going bankrupt; (g) breaching this agreement; (h)
<br />"spamming," "mail bombing," or other abusive messaging; (i) modifying
<br />your wireless phone from its manufacturer's specifications; (j) providing
<br />credit information we can't verify; (k) using your service in a way that
<br />adversely affects service to other customers; or (I) allowing anyone to
<br />steai or tamper with your wireless phone number. We can also
<br />temporarily limit your service for any business or governmentai reason.
<br />¦ Directories And Your Privacv. - Except as follows, we won't
<br />share personal information about you with others without your permission.
<br />We have a duty under federal law to protect the confidentiality of information
<br />about the quantity, technical configuration, type, destination, and amount
<br />of your use of our service, together with similar information on your bills.
<br />(This doesn't include your name, address, and wireless number. Unless
<br />you arrange otherwise with us and pay any required fee, we may list them
<br />in a public directory. We aren't responsible for mistakes in the listings.)
<br />We can, however, share and use this information as required by law, by
<br />legal process, by exigent circumstances, or to protect ourselves. We can
<br />also use this information to communicate with you about goods and
<br />services related to the products and services you already buy from us, and
<br />we can share it with our affiliates when related to goods and services you
<br />already buy from both us and our affiliates. You can cail us any time if you
<br />do not wish us to use this information to communicate about such other
<br />goods and services with you or you do not wish us to share this information
<br />with our affiliates. In addition, you've authorized us to investigate your
<br />credit history at any time and to share credit information about you with
<br />credit reporting agencies. If you ask, we'll tell you the name and address
<br />of any credit agency that gives us a credit report about you.
<br />¦ Disclaimer Of Warranties. -WE MAKE NO REPRESENTATIONS
<br />OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE
<br />EXTENT PERMITTED BY FEDERAL, STATE, AND LOCAL LAW, ANY
<br />tMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
<br />PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR
<br />WIRELESS PHONE. WE CAN'T PROMISE UNINTERRUPTED OR
<br />ERROR-FREE SERVICE AND DON'T AUTHORIZE ANYONE TO MAKE
<br />ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU
<br />OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYOPdE ELSE.
<br />¦ Waivers And Limitations Of Liabili? - UNLESS THE LAW
<br />FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT
<br />CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST
<br />EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER
<br />WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
<br />FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL
<br />INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS
<br />THAT NEITHER OF US WILL CLAIM OR SEEK ANY INDIRECT, SPECIAL,
<br />CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE
<br />OTHER. You agree we aren't liable for problems caused by you or a third
<br />party; by buildings, hills, network congestion, tunnels, weather, or other
<br />things we don't control; or by any act of God. If another wireless carrier is
<br />involved in any problem (for example, while you roam), you also agree to
<br />any limitations of liability in its favor that it imposes.
<br />. „ d
<br />a?ra.ra1ic3itu ii.
<br />-INSTEAD OF SUI N COU12T, WE EAt`;H AGi2EE TO SEITLE
<br />fliSPllTES (EXCEPT GCk7AIN SMALL CLQIMS) ONLY BY ARBITRATiON.
<br />THE RULES !N ARBITRATION ARE DIFFERENT. THERE'S NO JUnGE
<br />OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR Cl;tv AWARD
<br />THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME
<br />LIMITATIONS IN THIS AGREEMENT, AS A COURT WOULD. TO THE
<br />FULLEST EXTENT PERMIITED BY LAW WE EACH RGREE THAT:
<br />1. THE FEDERAL ARBITRATION ACT APPLIES 70 THIS AGREEMz-NT.
<br />ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELAIING
<br />TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR
<br />WIRELESS SERVICE WITH US OR ANY OF OUR AFFILIATES OR
<br />PREDECESSORS IN INTERE5T, OR ANY PRODUCT OR SERVICE
<br />PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT
<br />OR SUCH A PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH
<br />PRODUCTS OR SERVICES, WILL BE SETiLED BY ONE OR MORE
<br />NEUTRAL ARBITRATORS ON AN INDIVIDUAL BASIS BEFORE THE
<br />AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER
<br />BUSINESS BUREAU ("BBB") AS DESCRIBED BELOW. (IF YOUR
<br />LOCAL SMALL CLAIMS COURT OFFERS ARBITRATION, YOU MAY
<br />ALSO USE THAT PROCESS FOR ANY DISPUTE THAT QUALIFIES.)
<br />THIS DOESN'T CHANGE YOUR SUBSTANTIVE RIGHTS, JUST THE
<br />POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION,
<br />YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE TO THE
<br />ATTENTION OF APPROPRIATE FEDERAL, STATE, OR LOCAL
<br />GOVERNMENT AGENCIES AND THEY CAN STILL, IF THE LAW
<br />ALLOWS, SEEK RELIEF AGAINST US ON YOUR BEHALF.
<br />2. FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY
<br />ARBITRATION ("WIA") RULES WILL APPLY. FOR CLAIMS BETWEEN
<br />$2,500 AND $10,000, THE AAA'S ARBITRATION RULES FOR THE
<br />RESOLUTION OF CONSUMER-RELATED DISPUTES (THE
<br />"CONSUMER RULES"), WHICH INCLUDE A SMALL CLAIMS COURT
<br />OPTION, WILL APPLY. FOR CLAIMS UNDER $2,500, THE
<br />COMPLAINING PARTY CAN CHOOSE EITHER THE CONSUMER
<br />RULES OR THE BBB'S RULES FOR BINDING ARBITRATION. AN
<br />ARBITRATOR MAY, UNDER ANY OF THESE RULES, REQUIRE EACH
<br />OF US TO EXCHANGE RELEVANT EVIDENCE IN ADVANCE. IN
<br />LARGE/COMPLEX CASES UNDER THE WIA RULES, THE
<br />ARBITRATORS MUST APPLY THE FEDERAL RULES OF EVIDENCE
<br />AND THE LQSER MAY HAVE THE AWARD REVIEWED BY A PANEL OF
<br />3 NEW ARBI7RATORS.
<br />3. YOU CAN OBTAIN RULES AND FEE INFORMATION FROM THE
<br />AAA (www.adr.org), THE BBB (www.bbb.org) OR FROM US. IF YOU
<br />CAN'T PAY THE REQUIRED ARBITRATION FEES, IF ANY, THERE ARE
<br />FEE WAIVER PROGRAMS. EVEN IF YOU DON'T QUALIFY FOR
<br />A FEE WAIVER, WE'LL PAY ALL BUT $100 OF ANY COMBINED FEES
<br />YOU'D BE IREQUIRED TO PAY FOR FILING AND A FIRST DAY
<br />OF ARBITRATION IF YOU COMPLETE OUR MEDIATION PROGRAM.
<br />MEDIATION IS A PROCESS FOR MUTUALLY RESOLVING DISPUTES.
<br />A MEDIATOR CAN HELP PARTIES REACH AGREEMENT, BUT
<br />DOESN'T DECIDE THEIR ISSUES. IN OUR MEDIATION PROGRAM,
<br />WE'LL ASSIGN SOMEONE (WHO MAY BE FROM OUR COMPANY)
<br />NOT DIREC'TLY INVOLVED IN THE DISPUTE TO MEDIATE. THAT
<br />PERSON WILL HAVE ALL THE RIGHTS AND PROTECTIONS OF A
<br />MEDIATOR. NOTHING SAID IN THE MEDIATION CAN BE USED IN A
<br />LATER ARBITRATION OR LAWSUIT. COMPLETfNG THE MEDIATION
<br />PROGRAM MEANS PARTICIPATING IN GOOD FAITH IN AT LFAST
<br />ONE TELEPHONIC MEDIATION SESSION. YOU CAN CONTACT US
<br />AT www.verizonwireless.com OR THROUGH CUSTOMER SERVICE TO
<br />FIND OUT MORE.
<br />4. ONLY ANI ARBITRATOR CAN DECIDE WHETHER AN ISSUE IS
<br />ARBITRABLE. AN ARBITRATOR CAN ALLOCATE THE FEES AND
<br />COSTS OF ARBITRATION IN AN AWARD. IF AN APPLICABLE STATUTE
<br />PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR
<br />CAN AWARD THEM, T00. ANY ARBITRATION AWARD MADE AFTER
<br />COMPLETION OF AN ARBITRATION IS FINAL AND BINDING AND
<br />MAY BE CONFIRMED IN ANY COURT OF COMPETENT
<br />JURISDICTIUN. AN AWARD AND ANY JUDGMENT CONFIRMING IT
<br />ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED
<br />AND CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE
<br />THE AWARD ITSELF.
<br />5. IF FOR 50ME REASON THESE ARBITRATION REQUIREMENTS
<br />DON'T APPLY, WE EACH WAIVE ANY TRIAL BY JURY.
<br />¦ AbOUt You. - You represent that you're at least 18 years old and
<br />have the legal capacity to accept this agreement. If you're ordering for a
<br />company, you're representing that you're authorized to bind it, and where
<br />the context requires, "you" means the company.
<br />¦ About This Agreement. - A waiver of any part of this agreement
<br />in one instance won't be a waiver of any other part or any other instance.
<br />You can't assign this agreement or any of your rights or duties under it. We
<br />may assign all or part of this agreement without notice, and you agree to
<br />make all subsequent payments as instructed. NOTICES ARE
<br />CONSIDERED DELIVERED 3 DAYS AFTER MAILING TO THE MOST
<br />CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US,
<br />OR TO THE CUSTOMER SERVICE ADDRESS ON YOUR MOST
<br />RECENT BILL, IF BY YOU. If any part of this agreement, including any
<br />part of its arbitration provisions, is held invalid, that part may be severed
<br />from this agreement. This agreement and the documents to which it refers
<br />form the entire agreement between us on their subjects. You can't rely on
<br />any other documents or statements on those subjects, and you have no
<br />other rights with respect to service or this agreement, except as
<br />specifically provided by law. This agreement isn't for the benefit of any
<br />third party except our parents, affiliates, subsidiaries, agents, and
<br />predecessors and successors in interest. It's governed by the laws of the
<br />state encompassing the area code assigned to your wireless phone
<br />number, without regard to the conflicts of laws rules of that state. IYs also
<br />subject to any appiicable tariffs.
|