VERIZON CUSTOMER AGREEMENT Thank you for choosing Verizon. This Customer Agreement (“Agreement”) provides important information and terms regarding your Verizon Services. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND OUR RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND CONTACT US IMMEDIATELY AT 1-800-VERIZON TO TERMINATE THEM. This Agreement sets out the terms on which you, the Subscriber (“you”, “your” or “Subscriber”) agree to use Fios Internet and/or Fios TV and/or Fios Home Phone (the “Services”, including Devices, Verizon-branded and third-party content and software applications) and under which the Verizon affiliates identified in Exhibit A (“Verizon,” “we,” or “we”) agree to provide the Services to you. NOTICE REGARDING ARBITRATION AGREEMENT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT REQUIRES THAT DISPUTES ARE RESOLVED BY ARBITRATION AND NOT BY LAW OR A JURY TRIAL (EXCEPT FOR MATTERS WHICH MAY BE BEGINNED IN SMALL CLAIMS COURT). SEE SECTION 16 FOR MORE INFORMATION. 1. ACCEPTANCE OF AGREEMENT. 1.1 The Terms and Conditions of the Services form part of this Agreement. By accepting this Agreement, you or anyone accessing the Services is bound by these Terms of Service. Your acceptance of this Agreement begins when: (a) you digitally or verbally accept this Agreement while submitting your order; or (b) you initiate use of the Services. This Agreement will terminate if you or we terminate this Agreement in accordance with Section 10 below. 1.2 This Agreement contains elements specific to the Service Offering or Term Service Plans, including price, duration, any applicable Early Termination Fee ("ETF"), and Device Price, all of which are described in the information provided to you when submitting and confirming your order to be made available or activation of your services. This Agreement also includes our Privacy Policy (https://www.verizon.com/about/privacy/) applicable to the Services and other policies and materials expressly referenced in this Agreement, all of which are incorporated into this Agreement by reference. Retain a copy of this Agreement for your records. 2. THE DEFINITION.If any term is not defined in this Agreement, you agree that it shall be construed in accordance with standard usage in the telecommunications industry. The words "shall" and "will" are mandatory, and the word "should" expresses an expectation but is not mandatory, and the word "may" is permissive. In addition, the following definitions apply: 2.1 Fees. Fees may include, but are not limited to, service fees, device fees, transaction fees, taxes and other government fees, and fees such as video franchise fees, video franchise-related costs, regional sports network fees, broadcast fees, account activation and setup fees, surcharges, reactivation fees , custom setup and setup fees, late payment fees on overdue amounts, fees for assisting an agent in the execution of payment arrangements by a Verizon call center representative, billing fees, chargeback fees, early termination fees, non-returned equipment fees, and other one-time costs. Certain fees, such as taxes and other government fees, franchise fees, public, educational and government channel ("PEG") fees, costs associated with video franchises, regional sports network fees and broadcasting fees may change one or more times Duration of your service plan. Fees may also include fees, taxes, and charges associated with third-party services that you sign up for and agree to include in your Verizon account. 2.2 Content. Content provided by Verizon, its licensors, or third-party providers, government access channels or public education entities, or entities of Access Rental and accessible through the Services, including, but not limited to, images, photographs, animation, video, audio, music, and text in any format. This includes third party over-the-top ("OTT") or streaming video programs, games and other online streaming services that may be offered with Fios TV and Fios Internet Services. Content also includes free, purchased, rented and live streamed on-demand and pay-per-view services for which we may charge an additional fee. 2.3 Early Termination Fee (“ETF”). A fee Verizon may charge if you cancel your Services under a Service Plan with a Minimum Term Commitment pursuant to Section 10. 2.4 Equipment. Amenities include Verizon digital adapters; television decoders, digital video recorders, video media servers, IP client decoders; peripheral devices; routers; extenders; or optical network terminals. Equipment includes a router or extender, which you can purchase from Verizon or a third party. Devices do not include other devices that you attach for use with retired services or devices. Devices made available by Verizon for use with the Services may be new or refurbished. 2.5 Fios TV Content. Content provided as part of and included within the Services, including but not limited to images, photographs, animation, video content, information services, audio, music and text, regardless of the manner or format in which such content is provided. Fios TV Content includes content provided by Verizon or its third party licensors or providers and delivered over the video network managed by Fios. 2.6 Force Majeure. Force Majeure Events are events beyond Verizon's control, including but not limited to: acts of God, fire, flood, riot, extreme weather events, explosion or other disaster, epidemic or pandemic; Laws, orders, regulations, instructions, actions or requests of the United States government or any other government, including state and local governments, having or claiming jurisdiction over Verizon, or any department, agency, commission, department, corporation or other authority by one or more of such federal, state or local governments or military agencies; Anticipating existing services in accordance with national emergencies, acts of terrorism, insurrection, riots, wars, unavailability of rights of way, supply chain and material shortages or unavailability, strikes, lockouts or work stoppages. Force Majeure Events may be a one-off event or they may be an event occurring over a continuous period of time. 2.7 Home Network. Connected electronic devices or other devices such as routers, Wi-Fi extenders, set-top boxes, Internet of Things (“IoT”) devices, or streaming boxes. Connected devices or other devices can be connected via Ethernet cable, coaxial cable or Wi-Fi and connect to the Internet and transmit and/or receive data between them. Your home network can support: 2.7.1 Primary Network. The primary network is designed to provide Internet connectivity and local access networking to your shared devices and files using an Ethernet cable, coax, or Wi-Fi connection. 2.7.2 Guest Network. The guest network is designed to provide your guests with an internet connection via 2.4GHz WiFi, but restricts access to your main network and shared files. The main network and the guest network are separated from each other by firewalls. 2.7.3 IoT network. The IoT network is designed to enhance the onboarding experience of IoT devices over 2.4GHz WiFi, providing internet connectivity and access to other devices on the primary network. 2.7.4 Self-Organized Network. Self-organizing ("SON") networks significantly improve Wi-Fi performance by automatically identifying and fixing Wi-Fi problems. Connected devices can seamlessly switch between 2.4GHz and 5GHz Wi-Fi signals and between hotspots when a Wi-Fi extender has been added to your home network. 2.8 Fios Internet Service. Wired or Internet-based High Speed Internet Service (“HSI”) (depending on which service you subscribe to). 2.9 Other Devices. Devices that you may use with the Services that are not classified as Devices. This includes but is not limited to monitors, televisions, game consoles, keyboards, laptops, CPUs, IoT devices, remote controls, mobile devices, Over-The-Top ("OTT") compatible devices, or streaming devices (examples such as Apple TV boxes, Roku devices, Verizon Stream TV devices, or Amazon Firestick or FireCube), virtual assistant devices, power adapter, and associated cords and connection cables. 2.10 Installations. The physical locations where the Services will be installed or deployed, which may include indoor and outdoor access points. 2.11 Retired Equipment. Devices that may have originally been provided by Verizon but may no longer be returned to us or billed for unreturned devices. For a list of retired devices and more details, seehttps://www.verizon.com/support/residential/internet/equipment/routers/other-equipment. Verizon may change this list at any time. 2.12 Services. Fios Internet Services, Fios TV Services, and/or Fios Home Phone Services, including but not limited to any Verizon-branded and third-party content, devices, software applications, capacity used to provide or interact with the Services, media or video recording programs and storage, software, technical support and other resources, products and services provided as part of and included within our television and Internet services, including video-on-demand and pay-per-view services. The Services do not include regulated or copper-based voice telephony services, non-Verizon streaming video or OTT video services, or third-party smart device services. If you subscribe to the Services, we may make available additional services provided by Verizon or third parties, as described in Appendices C and E. 2.13 Software or Access Software. Verizon may provide software to run or access the Services or to Verizon's partners or applications related to the Services, which may be owned by Verizon or third party licensors, vendors and providers. Additional charges may apply for some software that supports certain functions. 2.14 Term(s) of Service Offerings. A combination or "bundle" of Verizon Fios Services with one or more qualifying video, voice, or Internet services, which may include a minimum term term commitment. Time-limited service offerings do not include device protection plans or other add-on services or subscriptions that may be offered by Verizon's third-party providers or partners. 2.15 Third Party Fees. Fees separate and separate from Verizon service fees. This may include fees resulting from accessing Internet-based Services or purchasing products, services, or subscriptions through interactive options available on the Services. Third Party Fees may include subscription fees, one-time fees, recurring monthly fees, and additional services, internet fees, or fees from a wireless or internet service provider (which may be a third party or Verizon affiliate). 2.16 Transaction Fees. Fees for options such as device purchases, video-on-demand, and pay-per-view services. 2.17 Verizon Sites. Sites at verizon.com and myverizon.com consist of various websites, tools, information, software, content and resources operated by Verizon. (https://www.verizon.com/about/terms-conditions/terms-of-use) 3. NOTICE OF CHANGES TO THIS AGREEMENT. 3.1 Contract Changes. The current version of the terms of this Agreement is available athttps://www.verizon.com/terms. From time to time, we will make changes to this Agreement and policies relating to the Services, including changes to the terms that govern how you and Verizon resolve disputes. We may communicate such revisions in digital form or in paper form. Revisions to the Terms and Conditions will be effective on the date specified in the notice. You accept the revisions and agree to abide by them by continuing to use the Services. We will notify you at least thirty (30) days prior to the effective date of any increase in the monthly price of the Services or the Term Service Plan (excluding other fees as described in Section 11). 3.2 Changes to Fios Internet and Fios Home Phone Services. We will notify such revisions by posting them on the Website Announcements page [https://www.verizon.com/support/residential/announcements] by sending an email to the email address you provide to receive communications from us (your "Primary Email Address") or by any other method provided for in Section 14 of this Agreement. You agree to periodically visit the Ads Page and check your email inbox to verify such revisions. 3.3 Changes to Fios Video Services. The announcement is available via the cable system in the Message Center located in the Interactive Media Guide on the Website Announcement page athttps://www.verizon.com/support/residential/announcements, or on your account. You agree to periodically review the Interactive Media Guide, the Verizon website, or your account to review such revisions. 4. SERVICE CHANGES. 4.1 Change. Subject to applicable law, we reserve the right to offer, change, rearrange, add, delete or modify the Services at any time with or without notice. This includes changing, rearranging or otherwise modifying the Runtime Service Offerings Packages, TV Packages, the choices available in those packages, the Equipment, any other devices and any other features, products, software and services offered by us. 4.2 Restrictions and Restrictions. Verizon or its suppliers may, without notice or liability, limit your use of any Services or limit the time that the Services are available. All services may not be available in all areas. 5. USE OF VERIZON SITES AND SERVICES. 5.1 Residential Use. The Services provided under this Agreement are for Subscriber's personal and private use only, and Subscriber may not use the Services for any commercial purpose. Verizon, in its sole discretion, has the right to determine what constitutes personal use and may require you to open a business account. Your use of the Services and Devices must not harm our network, must not be used to commit fraud or constitute an abuse of the Services or Devices, and must comply with our Acceptable Use Policy set out in Schedule B to this Agreement. 5.2 Liability for All Uses. You are responsible for all use of the Services, whether you or anyone else uses the Services with or without your permission. You agree not to use the Services, directly or indirectly, for any illegal purpose, including but not limited to violating any copyright laws. 5.3 Lawful Use. You further agree that use of the Services is at your sole risk and risk and is subject to all applicable local, state and federal laws and regulations. We, or any provider or partner, may, in our sole discretion, sue you and other responsible parties under applicable federal, state, and local laws if the Services are used for any illegal purpose. As further described in Section 13 below, you agree to hold us harmless for any injury caused by you or any other person using the Services on the Premises or elsewhere. 5.4 Managing Content. You understand and agree that not all content may be suitable for all viewers and users of the Services may experience content that is sexually explicit, obscene, offensive or otherwise inappropriate or objectionable, particularly to children under the age of eighteen (18). ). You also understand and agree that it is your responsibility to impose any restrictions you deem appropriate to restrict access to objectionable material and you agree to monitor your use of the Services. We strongly recommend using commercially available content filtering software. You agree that we are not responsible to you or anyone else who displays any Content or information provided on or accessed through the Services for any Content that you or others find objectionable for any reason, and You waive any claim against us for harm or damages in connection with such content or viewing of the content. You also understand and agree that we are not responsible for any information or material accessible through the Internet or your use of the Services. 5.4.1 Third Party Tools and Content. Verizon may make tools available to you to help you manage access to certain content. However, the tools may not be available to control all content on unregulated platforms or in all circumstances. Verizon has no control over and is not responsible for the content of any third-party platform. 5.5 Registration of Authorized Devices and Restrictions on Streaming Content. 5.5.1. User Restrictions. There are limitations on the number of authorized devices registered and the number of streams of content consumed at the same time. You must download a compatible app to access the content. Enrolling and deenrolling Authorized Devices may require enrolling another device through a Verizon-provided application. Verizon may impose limits on the number of times you can cancel and re-register the same authorized alternate device in a calendar year. 5.5.2 Limiting Concurrent Flows. Verizon may limit the number of simultaneous streams (including any streams delivered to the TV through a Fios TV decoder) that are available at the same time from the same account. The maximum number of simultaneous streams, the number of additional streams that can be purchased, and the simultaneous availability of the same content may vary. Streaming and download only available in US and US territories. 5.6 Ownership of Game Services, Licenses and Restrictions. Other Devices, Game Services provided by Partners and all software included therein are protected by copyright, patents, trademarks, trade secrets and other intellectual property and proprietary rights. You are granted a limited personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use other gaming devices and services provided by Partners for their intended purposes during the period in which you the services received are granted . You may not sell, resell, reproduce, distribute, display, perform, record, sublicense, loan, lease, transmit, alter, modify, merge, adapt, copy, translate, publish, export, create derivative works from, use, reverse engineer, Decompiling, attempting to derive source code, disassembling any software contained therein, attempting to disable or circumvent any digital rights management mechanism or other content protection measures, or otherwise use any part of the provided Game Services from other devices and partners and to exploit. All rights not expressly granted to you herein are reserved. We may revoke this license at any time without notice. 5.7 Use of the Screen. Screen captures and recordings may not be allowed and may be unavailable or blocked depending on the authorization of the respective owners. Share content via social media, text messages or download functions. Content may be intentionally blocked or unavailable as a service feature. 5.8 Accessibility. 5.8.1 Alternative Billing Formats. Verizon provides invoices in alternate media formats upon request at 1-800-974-6006 Monday through Friday, 8:30 a.m. to 5:00 p.m. For more information on accessibility seehttps://www.verizon.com/about/privacy/accessibility/overview. 5.8.2 Viewing Content. Some scenes have a flash effect that can trigger seizures or other symptoms in light-sensitive viewers. Viewer discretion is advised. 6. THIRD PARTY SOFTWARE AND SERVICES LICENSES. 6.1 Use and Modifications to the Software. We reserve the right, remotely or otherwise, to periodically update, monitor, update, change or discontinue the software used to support any Device or Service and to make changes in settings and software on the devices or Verizon applications running on the related other devices. You agree to permit such modifications and access to the Equipment and other devices connected thereto. You may use the Software only in connection with the Services and for no other purpose. 6.2 End User License Agreement. Certain software may be accompanied by an End User License Agreement ("EULA") from us or a third party. Your use of the Software is subject to the terms of this EULA and, if applicable, this Agreement. You may not install or use any software that is accompanied by or contains an EULA unless you first agree to the terms of the EULA, including any updates to the terms of the EULA. To the extent any provisions of a particular EULA directly conflict with the provisions of this Agreement, the provisions of the EULA shall govern. 6.3 Software License. For software provided in connection with the Services but not accompanied by a EULA, you are granted by us or our third-party licensors a non-exclusive, non-transferable, revocable license to use the software (and any patches, updates, and upgrades) only for the purpose of receiving our services and only for as long as you receive our services. All software licensed to you hereunder is protected by copyright, patent, trademark, trade secret and other intellectual property and proprietary rights. You may not sell, resell, reproduce, distribute, display, perform, record, sublicense, loan, lease, transmit, alter, modify, merge, adapt, copy, translate, publish, export, create derivative works from, use, reverse engineer, Decompile, attempt to derive source code, disassemble any software contained herein, attempt to disable or circumvent digital rights management mechanisms or other content protection measures, or otherwise use and exploit any portion of the Software. All rights not expressly granted to you herein are reserved. We may revoke this license at any time without notice. You further agree that the Software is confidential information of Verizon or its third party licensors and that you will not disclose or use the Software except as expressly permitted herein. 6.4 Software Restrictions. You may not remove or alter any trademark, trade name, copyright or other proprietary notice, legend, symbol or label appearing in or on copies of the Software. You receive no title or interest in the Software. You acknowledge that this license is not a sale of intellectual property and that we or our third party licensors continue to retain all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret and moral rights, in the Software and related documentation as well as patches, updates and upgrades to it. The software may be used only in the United States and any export of the software is strictly prohibited. 6.5 Termination of License. Your license to use the Software will remain in effect until terminated by Verizon or its third party licensors or until termination of the Services. If any portion of the Services and/or Software is accessed after termination, you are bound by this Agreement and any terms incorporated by reference, as they may be updated from time to time. 6.6 Third Party Terms. If you subscribe to or use third-party services offered by Verizon in connection with the Services, your use of those services may be subject to that third party's separate service, EULA, and privacy terms. Violation of these Terms may result in termination of your Verizon Services. These Terms of Service make Verizon (or a third party) an intended third-party beneficiary of the Terms of Service and contain provisions in the Terms of Service that state, among other things, and without limitation: (a) Customer acquires a license for Copyrighted Services; and (b) Customer's use of the Services must be in accordance with the Acceptable Use Policy. Policies, rules or licenses from content providers and third party licensors contain additional terms and conditions to those set out in this Agreement. All rights granted under these Terms and Third Party Terms are non-transferable and will terminate upon your breach. Upon termination, all included content and services will no longer be accessible to you. Verizon and any third party must use reasonable efforts to administer and enforce the Terms and Conditions set forth herein. 6.7 Patents. Certain software or technical information is licensed from third parties and may be protected by one or more US patents, pending US patent applications, and pending European and international patents. All intellectual property rights not expressly granted in this Agreement are reserved by Verizon. 7. AUTHORIZED USER; COMPANY PREMISES. 7.1 Legal Authority. You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. 7.2 Access to the premises. You agree to allow us and our representatives, at reasonable times, the right to enter the premises for the purpose of installing, maintaining, servicing, inspecting, updating and/or removing the Services and any Equipment. Participation is subject to applicable law. We will use reasonable efforts to comply with building and homeowner or condominium access policies, but you agree to be responsible for violations of these policies relating to access to the premises. 7.3 Right of Access. You acknowledge and agree that you are the lawful owner or tenant of your premises and as such have the right to permit us and our agents to enter and make changes to the premises in connection with the provision of the Services. 8. PERSONAL DATA AND PRIVACY STATEMENT. 8.1 Accepting this Agreement means that you also agree to our Privacy Policy, available athttps://www.verizon.com/about/privacy/, which may be updated from time to time, and describes the information we collect, how that information may be used and shared, and the choices you have regarding certain uses of the information. 8.2 If you access and use any third party services, including any third party services that Verizon may make available as part of or in connection with its Services, you will be subject to the terms of service and privacy policies of such third parties when using their services. Verizon's Terms of Service and Privacy Policy apply when you use our Services and devices. 9. EQUIPMENT; MAINTENANCE AND OWNERSHIP AND RETURN OF EQUIPMENT.
9.1 Use of Other Equipment and Devices. We make no representation that the Services will work properly or that all features will be available if you access the Services with your own devices, remote devices, or other devices. We are not responsible for the installation, operation, support, maintenance, or repair of any other device, retired device, software, or service that you use in connection with the Services.
9.2 Verizon Property. Unless you have purchased your Equipment or we have marked the Equipment as retired, you acknowledge and agree that title to the Equipment remains with us at all times and that this Agreement permits you to use the Equipment only in connection with its lawful receipt use Use of the Services. You are responsible for devices lost, damaged by fire, water, theft or acts of God.
9.3 Refurbished Equipment. We can deliver new or refurbished equipment at our option. We will repair and service equipment in our possession at our expense, unless such repair or service is required as a result of misuse, abuse, or intentional damage to the equipment. In this case, you are financially responsible for repairing or replacing the damaged equipment. You also agree that the equipment will not be repaired by anyone other than our employees or our nominated agents or agents. You also agree not to tamper with or damage the Devices and that you will not copy, modify, compile, or reverse engineer any Device or any other device or software or firmware provided by Verizon in connection with the Services.
9.4 Price of Equipment. The price of the Devices may be separate from the price of the Service Plan or Term Service Offering and may not be subject to the price protection applicable to the Service Plan or Term Service Offering in a Term Contract or promotional offer.
9.5 Software Updates. Verizon may from time to time provide software updates for devices such as set-top boxes and routers.
9.6 Device Return Policy. Devices may be returned to Verizon as described below. These guidelines do not limit or replace existing manufacturer warranties.
9.6.1 Our Return Obligation. You may return any device or other device that you purchase from us for any reason within thirty (30) days of purchase.
9.6.2 Return after performance. Except as provided below, upon termination of the Services or if there is a change in occupancy or ownership of your premises, you are responsible for returning the Equipment to us in undamaged condition, subject to reasonable wear and tear. If the device has a label that contains the following (or similar) message: “OWNED BY VERIZON. DO NOT REMOVE FROM THE PREMISES', then you may not remove the Equipment and you will not be charged a fee for Equipment not returned provided the Equipment is left on site in a reasonable condition.
9.6.3 Return of Defective Devices. Within one year of purchase or activation of the device, whichever comes first, you must contact us to return defective devices. If you return the equipment, we can replace it with a new or refurbished item, or refund your payment for the equipment you purchased.
9.6.3.1 Verizon's sole obligation to you under its Returns Policyhttps://www.verizon.com/return-policy.pdfis to replace or repair all Qualifying Devices, subject to the limitations set forth in this Section and otherwise set forth below, returns of defective Devices or requests for repair or replacement of Devices will not apply in the following circumstances:
9.6.3.1.1 Equipment is shipped or otherwise taken outside of the United States.
9.6.3.1.2 Devices that may not be connected to the Fios network to be able to perform remote diagnostics.
9.6.3.1.3 Except for refurbished Devices provided directly by Verizon if you are not the original owner of the Devices and the Devices have not been paid for in full or have been reported to Verizon as stolen by the original owner, or a subsequent owner.
9.6.3.1.4 You are more than sixty (60) days past due on your payment obligations related to Verizon Services.
9.6.3.1.5 If you modify, repair or mishandle the equipment.
9.6.3.1.6 damage or other equipment failure occurs when you do not maintain the equipment according to the user manual; or you improperly store, vent, connect, or reconfigure or relocate the device. (The device must be located in an area conforming to the manufacturer's published space, grounding, or environmental requirements.)
9.6.3.1.7 Devices are misused, vandalized, stolen, damaged by fire, water, wind, frost, power failure, inadequate power supply, abnormal weather conditions, acts of war, acts of God or other acts of God.
9.6.3.1.8 You do not use the equipment in accordance with its design, the instructions for use, if any, or the manner in which the manufacturer intended the equipment to be used.
9.6.3.1.9 you use the Equipment for any purpose other than your personal, non-commercial use.
9.6.3.1.10 Equipment shows cosmetic damage including but not limited to scratches, dents, rust or stains.
9.6.3.1.11 Devices are retired subject to Section 9.6.5.
9.6.3.1.12 The Device runs any software not provided by Verizon or its immediate affiliates, including but not limited to application programs, network programs, updates, formatting of any kind, databases, files, drivers, source code, proprietary code objects or Data or support, configuration, installation or reinstallation of software or data.
9.6.4 Failure to comply with return policy. If you do not return Devices that we own within thirty (30) days in accordance with Verizon's instructions, or return Devices in a damaged condition (subject to reasonable wear and tear), an unreturned device fee will be charged for each unreturned Device. Fees for non-returned devices can be significant. For the list of fees for unreturned devices, seehttps://www.verizon.com/support/residential/equipment-returnwhich is updated from time to time. You are responsible for checking for page updates. You may also be required to pay certain equipment-related fees, such as: B. Restocking and/or exchange fees, upgrade fees, surcharges and taxes.
9.6.5 Withdrawn Equipment. With the exception of Set Top Boxes and Optical Network Terminals (“ONTs”), title to Retired Equipment reverts to you if Verizon designates the Equipment as Retired Equipment. Verizon may provide limited or no support for retired devices. If you continue to use the device after Verizon has marked it as "retired," you may not receive device functionality based on software and security updates, which could impact service delivery.
10. TERMINATION OF SERVICE; TERMINATION FEES.
10.1 Termination Without Notice. You or Verizon may terminate the Services at any time for any reason in accordance with the termination provisions set forth in this Agreement. Except as otherwise required by applicable law, termination will be effective on the last day of that month's billing cycle and you will be responsible for all fees accrued up to the date of termination. Setup or setup fees, if any, paid at the beginning of the Services are non-refundable. If Verizon discovers fraud, abuse or other violations of law or this Agreement, we may terminate your Service(s) immediately and without notice.
10.2 Termination for Breach. If termination results from your breach of the terms of this Agreement, you may also be required to pay an early termination fee. We may, in our sole discretion, refuse your subsequent request for Services upon termination or suspension of your use of the Services. If the Services are terminated for any reason, you may be required to pay a reconnection fee or additional security deposit before the Services are reactivated.
10.3 Early Termination Fee. EXCEPT AS PROVIDED OTHERWISE IN THIS AGREEMENT, VERIZON MAY CHARGE AN EARLY TERMINATION FEE IF YOU CHOOSE AN APPOINTMENT OFFERING WITH A MINIMUM TERM OBLIGATION IF YOU TERMINATE ALL OR ANY COMPONENT OF THE TERMINATION OF THE SERVICES UNDER CHAPTER 10.2 . YOU AGREE TO PAY VERIZON THE EARLY TERMINATION FEE SET FORTH IN YOUR SELECTED SERVICE PLAN.
11. PRICE AND PAYMENT.
You agree to pay us consideration for your receipt or use of the Services, including any Third-Party Services that may be part of a Term Services bundle or fees for Third-Party Services linked to your Verizon Account and any devices or software are integrated .
11.1 Service Fees. The billing of the services starts automatically:
11.1.1 Upon installation or activation of the Services (i) when the Services are installed by Verizon, or (ii) on the expiration date determined by Verizon (after delivery of the Equipment) when the Services are installed by you. Billing will continue until the Services are terminated pursuant to Section 10 of this Agreement.
11.1.2 Certain products and services or discounts on products and services, including but not limited to bundled products and services, may or may not require you to select a paperless billing option and/or pay with a specific credit card or other payment option require this in order to link your Services to other services provided by Verizon. You will receive all discounts associated with a Term Service Plan once all Term Service Plans are installed.
11.1.3 Fees for regular services and equipment are billed monthly in advance. You agree to prepay us at our then-current rates for any period until termination of the Services.
11.1.4 Transaction Fees are charged after the relevant service or feature has been ordered or made available to you. Based on your order and payment history, you may also be asked to provide a prepayment payment by credit card or other payment method that we may specify for transactional services. If you wish to use a credit card to purchase or rent On-Demand titles or events, you must have a current, active credit card and create an accounthttps://www.verizon.com/home/myverizon/.
11.1.5 You agree to pay all applicable Fees for Services and Equipment by the due date specified on your monthly invoice. Fees are subject to change at any time. Changes in fees for Verizon services are subject to our prior notification to you, as required by law. The substantive laws of Pennsylvania apply to disputes relating to checks issued in full payment for less than the total amount due pursuant to Section 17.3 of this Agreement.
11.1.6 You agree that you are solely responsible for all purchases or other transactions made through, use of, or in connection with the Services, including any on-demand or pay-per-view purchases.
11.1.7 Your Statement may also include other Verizon Fees, taxes and fees, and third-party fees and any applicable termination fees required under Section 10 of this Agreement and the specific terms of your Service Package. You agree to pay all duties, taxes and fees by the due date shown on your statement. The waiver of any fees or charges is at our discretion.
11.1.8 If you cancel any component of a Term Services Offering Plan, the monthly fees for the Services remaining on your account may be automatically converted to the applicable monthly service fee with no existing discount.
11.1.9 Minimum Term Plans. If you subscribe to a Term Service Plan with a Term Commitment, you agree to maintain those Services for the minimum term of that plan. At the end of your term, you may have the option to select a new plan for Term Services offerings. If you do not select a new Term Services plan, your account will automatically be converted to a monthly plan with a monthly fee that may be higher than your current fee. If you subscribe to a new Term Service Offering plan, the terms of that plan will apply.
11.1.10 Third Party Fees. You acknowledge and agree that third-party fees, including any applicable taxes, may be incurred by you and are your sole responsibility, whether such fees appear on your Verizon bill or a third-party bill. In addition, you are solely responsible for protecting the security of credit cards and other personally identifiable information provided to third parties in connection with such transactions.
11.1.11 Automatic Service Renewal. Temporary service offerings and third-party services may be automatically renewed at the end of the original term. Subject to applicable law, each Term will automatically renew for additional periods of the same duration as the Original Term, unless you or Verizon provide the other with at least thirty (30) days' written or electronic notice of termination, but not more than sixty (60) days ) days before the end of the then applicable term. To cancel Services or time-limited Service offerings, you may contact us by telephone or email as described inhttps://www.verizon.com/support/contact-us/. Certain temporary service offerings or third-party services may include a trial period beginning at the beginning of the agreed term. If during the trial period you decide that you no longer need or want runtime services or third-party services, please contact usethe third-party service provider terminates the services at least twenty (24) hours before the end of the free trial.
11.1.12 Late Fees. If Verizon does not receive your payment on time, we may charge you a late fee of up to 1.5% per month (18% per year) on your unpaid balance or a fixed fee of $9 per month, whichever amount higher, if permitted by law, is the state of your billing address. Late charges for Third Party Services are or may be subject to the terms and conditions of the Third Party Services.
11.1.13 Non-Payment. You will be billed monthly for Verizon services. If any portion of your bill is not paid by the due date, Verizon may cancel or suspend the Services without notice. If Verizon uses a collection agency or takes legal action to collect any money owed, you agree to reimburse us for all costs incurred in collecting such money, including attorneys' fees. If you fail to pay on time and Verizon transfers your account(s) to a third party for collection, a collection fee will be charged, which is due at the time the transfer is made to the third party. It is calculated at the maximum percentage permitted by applicable law and may not exceed eighteen (18) percent.
11.1.14 If Verizon suspends your account for non-payment, we may also suspend your access to subscribed value-added services and third party content, applications and services.
11.2 Customer Deposits. We may require you to pay us a refundable deposit (“Customer Deposit”) before or after you activate or reactivate the Services. We may also require an additional customer deposit upon activation of the Services if you fail to pay amounts due or attempt to upgrade the Services. We may apply customer deposits to unpaid amounts at any time. Within ninety (90) days of termination of the Services, we will refund an amount equal to your deposit, interest free, except as required by law, less any amounts due in your account, including but not limited to any amounts owed to us for non-return or damaged equipment.
11.3 Questions about your billing. You will automatically receive an online invoice that you must access through your Minhas Fios account. You can request a printed (not digital) version of your invoice. Verizon may charge a fee for paper invoices to the extent permitted by applicable law. It is important that you carefully review your bill each month as it may contain important notifications about your services, as well as your current charges and amounts past due. Subject to applicable law, if you intend to dispute a charge on your bill when you receive the applicable bill, please contact us within sixty (60) days of the billing date. The undisputed portion of your bill must be paid by the due date to avoid late charges and possible suspension or termination of the Services.
11.4 Payments. Except as permitted by law, you agree that you may pay your invoice by check, credit or debit card, electronic funds transfer or any other accepted payment method that we may determine. The outstanding amount is due in full each month. If a bank or other financial institution refuses to honor a payment, withdrawal or funds sent to your account for payment, we may charge you a fee in accordance with applicable law. Based on your election, and subject to our approval, Verizon or its agent will charge you directly or charge your credit card or Verizon utility bill (if available). If you choose to be billed to your Verizon account when using the Services, you agree to record all charges for the Services in your account. If you subscribe to a Term Services offering plan, all Term Services offerings must be billed to your Verizon service bill.
11.5 Credit Consents. We may evaluate your credit history before making any changes or providing services to you or reviewing your account to ensure your continued compliance with the terms of the account. By creating and maintaining an account with us and/or obtaining or changing the Services, you authorize us to obtain a report from a consumer credit bureau and to share information with others in connection with determining your creditworthiness.We may share information about your account with credit reference agencies. Your payment history – e.g. B. late payments, missed payments or other arrears on your account - may be reflected in your credit report.
11.6 Complaints Procedure. If you have any questions about customer service, billing, or quality of service, please contact us using the methods provided on your monthly bill or in the "Contact Us" section of verizon.com. When you contact us, please explain the nature and history of the problem. We will try to solve your concern immediately. If we cannot resolve your concern, we will let you know that we cannot and explain why.
12. WARRANTIES AND LIMITATION OF LIABILITY.
12.1 Disclaimer of Warranties. We make no representations or warranties, express or implied, including, to the maximum extent permitted by applicable law, implied warranties of merchantability or fitness for a particular purpose with respect to your Service(s). We do not guarantee that your devices will work properly, will not require occasional upgrades or modifications, or that they will not be affected by modifications, upgrades, or similar network-related activities.
12.2 Disclaimers and Limitations of Liability. You and Verizon agree to limit each other's claims to direct damages. This means that neither of us will seek any indirect, special, consequential, incidental, treble or punitive damages. Examples of unacceptable damages include those resulting from a service or device failure, unauthorized access or modifications to your account or services or devices, or the use of your account or devices by a third party to authenticate, access, or make changes to your account a third party such as B. a financial account or a third-party service account, including changing passwords. This limitation and disclaimer apply regardless of the theory of liability. This also applies if you bring a claim against one of our supplier partners, content partners or third party service partners, as we would be obliged to indemnify the supplier for the claim. You agree that we are not responsible for any problems caused by you or others, or acts of God. You also agree that we are not responsible for lost or deleted voicemails or other messages, or for lost or deleted information (such as photos).
13. DAMAGES.
13.1 You agree to defend, indemnify and hold harmless any Verizon party from and against all liabilities, costs and expenses, including reasonable attorneys' and specialist fees, relating to your use of the Services, Equipment and other devices used obtain or arise therefrom in connection with the Services (or any third party's use of the Services or any other device), (i) in violation of any applicable law, regulation or this Agreement, including without limitation infringement of any copyright or other property rights; or (ii) in any way that causes harm to any person or results in personal injury or death to any person, or damage to or loss of any tangible or intangible property (including data).
14. NOTICES AND CONTACT.
14.1 Notice of Request for Arbitration. If you or Verizon intend to seek arbitration under this Agreement, the party seeking arbitration must give the other party written notice of the Dispute at least 60 days prior to the commencement of the arbitration. Notice of arbitration or mediation must be sent to VerizonNoticeOfDispute@verizon.comor to Verizon Dispute Resolution Manager, One Verizon Way, VC54N090, Basking Ridge, NJ 07920. A copy of the Notice of Dispute form is also available atwww.verizon.com/terms/disputes. The notice must describe the nature of the claim and the remedy sought, as specified in the appropriate arbitration or arbitration section of this Agreement. Other notices required by this Agreement must be provided by you by contacting us using the methods provided on your monthly invoice or in the "Contact Us" section of verizon.com.
14.2 Notification of a Billing Dispute. You must notify us within thirty (30) days of receipt of your invoice if you disagree with any charges on your Verizon bill. Call 1 800 VERIZON.
14.3 Other notices. Our notices to you will be deemed delivered: (i) when sent by email to your primary email address in accordance with Section 3; (ii) if delivered via the cable system; (iii) if deposited in the United States, mail addressed to your last mailing address; (iv) when delivered personally to your location, if applicable; or (v) when included in or with your statements to you, whether the statements are sent to you or whether you have opted for a paperless statement option. We will notify you of changes to your Services thirty (30) calendar days in advance.
14.4 Additional Contacts. Verizon, its affiliates, agents and service providers may contact you from time to time, including using your primary email address, automated telephone dialing systems, synthesized or recorded voice messages and/or text messages to the telephone number(s) you provide to us provided, including a cell phone number or other wireless device. You agree to notify us immediately if any of your personal or billing information changes (including, for example, your name, home address, email address, debit/credit card, other banking information, home and mobile phone number).https://www.verizon.com/home/myverizon/. We may make these calls or text messages regarding matters related to the service we offer to you, including (i) to provide notices about your account or account activity, (ii) to investigate or prevent fraud, (iii ) to provide technical support in relation to products that you have ordered or intend to order; (iv) to determine your satisfaction with our products and services; or (v) to collect a claim against us. You consent to be contacted via pre-recorded or auto-dial messaging calls, emails and text messages to achieve the purposes set out above, whether or not you incur any cost to do so. You also agree that we may share your primary email address and phone number(s) with service providers with whom we contract to assist us in pursuing those interests. We and our service providers will not use autodialed or recorded calls or text messages to contact you for marketing purposes at the telephone number(s) you have provided, unless we obtain your prior written consent to do so. You agree that we may send you marketing emails unless you tell us that you do not wish to receive these types of emails. You can change the method by which you receive service communications and unsubscribe from all or some marketing communications by accessing your account settings online at
https://www.verizon.com/home/myverizon/.
14.4.1 Communication with you. By providing us with your email and/or phone number(s) as a means of contact, you consent to receiving emails or calls from us or our agents to those landline and mobile numbers or to the email address provided to obtain. We reserve the right to contact you at any of your telephone numbers or email addresses in accordance with applicable federal and state laws. If you do not wish to be contacted at a phone number that you have provided, you agree to notify us.
15. VOLUNTARY MEDIATION.
15.1 Verizon offers customers the opportunity to participate in a free internal arbitration program. This program is entirely voluntary and does not affect the rights of either party with respect to other aspects of the dispute resolution procedures described above. In our voluntary arbitration program, we provide an employee who is not directly involved in the dispute to help both sides reach an agreement. This person has all the rights and protections of a mediator and the process has all the safeguards associated with meditation. For example, nothing said in mediation can later be used in an arbitration or court proceeding. If you would like to learn more or start the placement process, please contact us atNoticeOfDispute@verizon.comor through the Verizon Dispute Resolution Manager, One Verizon Way, VC54N090, Basking Ridge, NJ 07920 to obtain a Customer Dispute Notice Form. A copy of the Dispute Resolution Form is also available atwww.verizon.com/terms/disputes. Complete the dispute report form and submit it to us according to the instructions on the form.
16. ARBITRATION OR SMALL STOCK ACTION.
Our goal is customer satisfaction, but if there is an issue that needs to be resolved, this section describes what is expected of both of us. YOU AND VERIZON AGREE TO RESOLVE ANY DISPUTES EXCLUSIVELY BY ARBITRATION OR IN SMALL CLAIMS COURT AS DESCRIBED BELOW. YOU UNDERSTAND THAT THIS AGREEMENT WAIVES YOUR RIGHT TO BRING A CLAIM IN COURT OR A JURY. ALTHOUGH THE PROCEDURES IN ARBITRATION MAY VARY, AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND INJURIES AND MUST COMPLY WITH THE SAME TERMS OF THIS AGREEMENT AS A COURT. IF THE LAW ALLOWS ATTORNEYS' FEES TO BE DETERMINED, AN ARBITRATOR MAY ALSO ISSUE THEM. THE SAME DEFENSES ARE AVAILABLE TO BOTH PARTIES AS THEY WOULD BE AVAILABLE IN COURT, INCLUDING ALL APPLICABLE STATUTE OF LIMITATIONS. WE ALSO AGREE THAT:
16.1 THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURTS, ALL DISPUTES IN ANY WAY RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR EQUIPMENT, PRODUCTS, AND SERVICES THAT YOU OBTAIN FROM US, OR ADVERTISING OF SUCH PRODUCTS OR SERVICES, OR OUR EFFORTS TO COLLECT FROM US ANY SUCH GOODS OR SERVICES OWE TO US, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU MAY ALSO RAISE FEDERAL, STATE, OR LOCAL AUTHORITIES TO PROBLEMS THAT YOU MAY HAVE, AND IF PERMITTED BY LAW, YOU MAY SEEK RELIEF FOR THEM AGAINST US. THIS AGREEMENT TO ARBITRATE WILL CONTINUE EVEN AFTER YOU HAVE DISCONTINUED RECEIVING SERVICES FROM US.
16.2 UNLESS YOU AND VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN YOUR BILLING COUNTRY. AAA CONSUMER ARBITRATION RULES APPLY. YOU MAY OBTAIN INFORMATION ABOUT PROCEDURES, RULES AND FEES FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF US$10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED ONLY ON THE DOCUMENTS PROVIDED TO THE ARBITRATOR OR THROUGH AN IN-PERSON OR TELEPHONE HEARING. ALTERNATIVELY, FOR ANY CLAIMS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT IN THE STATE COVERING YOUR BILLING ADDRESS, YOU OR VERIZON MAY CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL ACTION COURT RATHER THAN ARBITRATION; IF THE CLAIMS HAVE BEEN SUBMITTED IN ARBITRATION IN SMALL COURT, YOU OR VERIZON MAY CHOOSE TO SUBMIT THE CLAIMS IN SMALL COURT AND NOT IN ARBITRATION AT ANY TIME BEFORE THE ARBITRATOR IS APPOINTED IN WRITTEN THE OTHER PARTY OF THAT CHOICE. IF THIS PROVISION OR THE LIMITATION OF ACTION TO SMALL CLAIMS COURTS IS HELD INVALID, THIS PROVISION SHALL BE SEVERABLE AND THE MATTER WILL PROCEED TO ARBITRATION; IN NO EVENT SHALL THIS PROVISION ALLOW A CLAIM TO BE BROUGHT ON A CLASS OR CLASS BASIS.
16.3 THIS AGREEMENT DOES NOT ALLOW CLASS OR CLASS ARBITRATION EVEN IF THE PROCEDURES OR RULES OF THE AAA ALLOW IT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD ANY MONEY OR REMEDY ONLY IN BENEFIT OF EACH PARTY SEEKING REMEDY AND ONLY TO THE EXTENT NECESSARY TO ENSURE THE REMEDY PROVIDED BY EACH PARTY'S CLAIMS. NO CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEYS OR GENERAL LIABILITY THEORIES OR GENERAL LIABILITY THEORY SHALL BE RELIED UPON IN ANY ARBITRATION CONDUCTED UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE REQUIREMENT OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
16.4 IF EITHER OF US INTENDS TO VIEW ARBITRATION UNDER THIS AGREEMENT, THE PARTY REQUESTING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY IN WRITTEN NOTICE OF THE DISPUTE AT LEAST 60 DAYS BEFORE THE ARBITRATION COMMENCEMENT. NOTICES TO VERIZON SHOULD BE SENT TO NOTICEOFDISPUTE@VERIZON.COM OR VERIZON DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY, VC54N090, BASKING RIDGE, NJ 07920 RESOLVE YOUR CLAIM, INCLUDING THE NAME OF THE VERIZON ACCOUNT HOLDER, THE ISSUING ACCOUNT NUMBER, A DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE DAMAGES YOU CLAIM TO HAVE SUFFERED, AND THE REMEDIES YOU SEEK. THE NOTIFICATION REQUIREMENT IS DEVELOPED TO ALLOW VERIZON TO MAKE A FAIR AND ACTUAL SETTLEMENT OFFER IF IT CHOOSES. YOU CANNOT PROCEED WITH THE ARBITRATION IF YOU DO NOT PROVIDE THIS INFORMATION. YOU MAY CHOOSE TO BE REPRESENTED BY AN ATTORNEY OR OTHER PERSON UNDER THESE PROCEEDINGS BUT IF YOU DO SO, YOU MUST SUBMITTED A LETTER OR FORM AVAILABLE AT SUCH LINK AUTHORIZING US TO PROCESS YOUR ACCOUNT INFORMATION WITH SUCH ATTORNEY OR PERSON OTHER PERSON TO DISCUSS. THE SUFFICIENCE OF THIS NOTICE MUST BE DECIDED BY A COURT PRIOR TO THE REGISTRATION OF ANY ARBITRATION CLAIMS. IF YOU HAVE PROVIDED THIS INFORMATION AND WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 60 DAYS, EACH PARTY MAY THEN FILE A CLAIM FOR ARBITRATION. WE WILL REFUND ANY REGISTRATION FEE CHARGED TO YOU BY AAA FOR THE ARBITRATION OF THE DISPUTE AFTER THE COMPLETION OF THE ARBITRATION, IF YOU FULLY PARTICIPATE IN THE PROCESS. WE WILL ALSO PAY ALL ADMINISTRATIVE AND ARBITRATION FEES CHARGED BY THE ARBITRATION. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS BROUGHT FOR EMPLOYMENT PURPOSES OR APPEARS TO BE PERSONAL, THE ARBITRATOR WILL RECOVER FROM YOU ALL ARBITRATION, ADMINISTRATIVE OR ARBITRATION FEES RELATED TO THE ARBITRATION.
16.5 WE MAY BUT NOT OBLIGATION TO ISSUE A WRITTEN OFFER TO THE AGREEMENT AT ANY TIME PRIOR TO THE ARBITRATION. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL THE ARBITRATOR AWARDS THE CLAIM. IF YOU DO NOT ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU A CASH AMOUNT MORE THAN OUR OFFER BUT LESS THAN $5,000 OR IF WE DO NOT MAKE YOU AN OFFER AND THE ARBITRATOR AWARDS YOU A CASH BUT LESS THAN $5,000 WE AGREE TO YOU $5,000 TO BE PAID IN LIEU OF THE AMOUNT GRANTED. IN THAT CASE, WE ALSO AGREE TO PAY ALL REASONABLE LEGAL FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT IN YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, WE WILL ONLY PAY YOU THAT AMOUNT.
16.6 IF 25 OR MORE CUSTOMERS ARE INITIAL NOTICES OF DISPUTES WITH VERIZON WHO BRING SIMILAR CLAIMS, AND THE ADVICE FOR VERIZON CUSTOMERS SUBMITTING THE CLAIMS IS THE SAME OR COORDINATED FOR SUCH CUSTOMERS, THE CLAIMS MUST BE RESOLVED IN A COORDINATED PROCEEDING TO ARBITRATION GO ON. VERIZON CLIENT ATTORNEY AND VERIZON COUNCIL EACH SELECT FIVE CASES TO ARBITRATE FIRST IN A BELLWETHER PROCEEDING. THE REMAINING CASES WILL NOT BE JUSTIFIED UNTIL THE FIRST TEN ARE SOLVED. IF THE PARTIES ARE UNABLE TO RESOLVE THE REMAINING CASES AFTER THE COMPLETION OF THE BELLWETHER TRIAL, EACH SIDE MAY CHOOSE FIVE OTHER CASES TO ARBITRATE A SECOND BELLWETHER TRIAL. THIS PROCESS MAY CONTINUE UNTIL THE PARTIES CAN RESOLVE ALL CLAIMS, EITHER BY AGREEMENT OR ARBITRATION. A COURT HAS POWER TO ENFORCE THIS CLAUSE AND, IF NECESSARY, TO PREVENT THE BUILDING OF ARBITRATION CLAIMS AGAINST VERIZON IN BUILDINGS.
16.7 THE ARBITRATION STATEMENT AND ANY ARBITRATION STATEMENT AFFIRMING IT SHALL APPLY ONLY TO THE SPECIFIC CASE; MAY NOT BE USED IN OTHER CASES EXCEPT TO PERFORM THE PRIZE ITSELF.
16.8 IF FOR ANY REASON THE PROHIBITION OF CLASS ARBITRATIONS UNDER SUBPART (3) CANNOT APPLY TO ANY DISPUTES OR ANY PORTION OF A DISPUTES, THE ARBITRATION AGREEMENT WILL NOT APPLY TO SUCH DISPUTES OR ANY PORTION OF DISPUTES.
16.9 IF FOR ANY REASON ANY CLAIM RESULTS IN COURT RATHER THAN ARBITRATION, YOU AND VERIZON AGREE THAT THE TRIAL SHALL NOT BE TRIED BY JURY. YOU AND VERIZON UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY ACTION, ACTION, OR CLAIM ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. IN THE EVENT OF A DISPUTE, THIS SECTION MAY BE FILED TO SHOW WRITTEN CONSENT TO A COURT PROCEEDING.
17. GENERAL PROVISIONS.
17.1 Survival. All obligations of the parties under this Agreement which by their nature would survive termination of the Agreement, including without limitation those relating to limitation of liability and indemnification, will survive such termination. Surviving Terms include, but are not limited to, terms related to use of companion software or applications, EULAs, video content restrictions. Arbitration Provisions and Warranties.
17.2 Assignment. This Agreement and the Services and/or Equipment provided by Verizon may not be assigned or otherwise transferred by Subscriber without Verizon's express written consent. At Verizon's discretion, Verizon may assign all or any portion of this Agreement, and the Services may be provided by one or more legally authorized Verizon Affiliates. In addition, you agree to notify us of any change in ownership or occupancy of the premises immediately after such transfer of ownership or occupancy.
17.3 Governing Law. Except as required by law, you and Verizon agree that the Federal Arbitration Act and the substantive laws of the state and local territory in which Your facilities are located (the "Service Jurisdiction"), without reference to its conflict of law principles, shall govern, interpret and enforce all of the rights and obligations of the parties arising out of or in any way related to the subject matter of this Agreement, with the sole exception that the substantive law of Pennsylvania law shall govern any dispute in With respect to checks provided as full payment for less than the total amount due shall apply.UNLESS YOU AND VERIZON AGREE OTHERWISE, YOU AND VERIZON AGREE TO THE EXCLUSIVE PERSONAL VENUE AND ARBITRATION OR SMALL COURT COURT IN THE SERVICE'S JURISDICTION FOR ANY PROCEEDINGS OR CAUSES OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT OF THIS AGREEMENT CONNECT .Except as required by law, including the laws of services jurisdictions relating to consumer transactions, any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or arises Claim or cause of action is forever waived.
17.4 Waiver. Verizon's failure at any time to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver of these Terms. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain in full force and effect and the unenforceable portion shall be construed to reflect as closely as possible the original intentions of the parties.
17.5 Force Majeure. The Verizon Parties shall not be liable for any delay or failure in service or equipment resulting from one or more Force Majeure Events. Verizon will not provide notice of Force Majeure Events.
17.6US Government Restricted Rights.The software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government, its agencies, and/or agencies is subject to restrictions set forth in FAR 12.211, FAR 12.212(a), DFARS 227.7202-1, DFARS 227.7202-3(a), and DFARS 252.227-7014 (a )(1) where applicable. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government, its agencies, and/or agencies is subject to the restrictions set forth in FAR 52.227-19(b)(1) and (b)(2) (December 2007) are fixed. . Contractor/Manufacturer is Verizon or its licensors and suppliers. Use of the Software and Documentation is further restricted according to the terms of this Agreement. Any export of the software is strictly prohibited.
17.7 Entire Agreement. This Agreement, including any policies referenced herein and posted on the Site, constitutes the entire agreement between you and Verizon with respect to its subject matter and supersedes any prior or contemporaneous written or oral agreements. Any changes you make to this Agreement will be effective only if made in writing and signed by an authorized Verizon person.
17.8 Global Trade Compliance. The Services, Devices and Software are intended for use within the United States. You acknowledge that the Services are subject to United States laws and regulations for global trade compliance. You represent that you have not been sanctioned under applicable US sanctions laws. You may not use, export, or permit any third party to use or export the Service Equipment and Software in any manner that violates any applicable law, including without limitation any applicable sanctions and export control laws and regulations. You also agree to comply with US trade and export laws regarding the export of Provided Equipment and the transfer of technology and/or technical data through the Service Equipment and Software.
17.9 General Restrictions. You agree to comply with all rules and policies applicable to the Services, including necessary or automated updates, modifications and/or reinstallations of access software or other software, and to receive available patches to address security, interoperability and/or performance issues to solve. You also agree to: (i) comply with all applicable laws, rules and regulations when using the Services and accessing or displaying the Content; and (ii) not reverse engineer, decompile, disassemble, or tamper with or modify (or assist anyone in doing so) the security features, usage restrictions, or other components of the Services for any reason.
17.10 Incorporated by Reference. The terms of this Customer Agreement and the Terms of Use (Appendices C through G) are not mutually exclusive and should be read together as one agreement, including Appendices A (Verizon Affiliates) and B (Acceptable Use Policy). In the unlikely event of a conflict of terms between this Customer Agreement and the Terms of Use or Acceptable Use Policy, the terms of the Customer Agreement shall prevail and govern.
ANHANG A
VERIZON-PARTNER
Location | VERIZON PARTNER PROVIDING APPENDIX D FIOS TV SERVICE, APPENDIX C Section 5.3 INTERNAL WIRE MAINTENANCE (IWM) AND APPENDIX F WIRES HOMEPHONE | VERIZON PARTNER DELIVERY APPENDIX C WIRES INTERNET SERVICE AND APPENDIX C Section 5.4 VERIZON CLOUD SERVICES |
---|---|---|
Connecticut | Verizon Nova York Inc. | Verizon Online LLC |
Delaware | Verizon Delaware LLC | Verizon Online LLC |
Maryland | Verizon Maryland LLC | Verizon Online LLC |
Massachusetts | Verizon New England Inc. | Verizon Online LLC |
New Jersey | Verizon Nova Jersey Inc. | Verizon Online LLC |
New York | Verizon Nova York Inc. | Verizon Online LLC |
Pennsylvania | Verizon Pennsylvania LLC | Verizon Online LLC |
Rhode Island | Verizon New England Inc. | Verizon Online LLC |
Virginia (exceptions below) | Verizon Virginia LLC | Verizon Online LLC |
City of Dumfries, City of Chesapeake, City of Manassas, City of Manassas Park, City of Occoquan, Prince William County | Verizon South Inc. | Verizon Online LLC |
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ACCEPTED USE POLICY
1. General Policy: Verizon reserves the exclusive right to refuse or limit the Services, or to immediately suspend or terminate the Services if, in our sole discretion, your use of the Services or anyone using the Services violates the Agreement or others Verizon Agreements, whether offensive or unlawful, violate any policy, interfere with the operation or use of the Internet or the Verizon network by Verizon or other users, or otherwise violate the terms of this Acceptable Use Policy (“AUP”).
2. Specific Examples of AUP Violations. The following are examples of behaviors that may result in termination of the Services. Without limiting the general policy in Section 1 of this Schedule B, to do so constitutes a breach of the Agreement and this AUP:
2.1 access without permission or authorization the accounts or computer systems of others, spoof the URL, DNS or IP addresses of Verizon or another entity, breach Verizon security measures or another person's computer system, or otherwise attempt to do so;
2.2 transmit any unsolicited communications, data or information or engage in any other similar activity, including without limitation "spam", "flaming" or denial of service attacks;
2.3 intercept, block or redirect emails or other transmissions sent by or to any third party;
2.4 inject viruses, worms, malicious code or Trojan horses into the Internet;
2.5 post off-topic information on any message board, chat room or social networking site;
2.6 engage in defamatory, fraudulent, obscene or misleading conduct;
2.7 infringes any intellectual property or other proprietary rights of Verizon or any third party;
2.8 Engage in conduct that is harmful to Verizon's network, the Internet generally, or other Internet users;
2.9 generate excessive amounts of email or other internet traffic;
2.10 use the Services to violate any rule, policy or policy of Verizon;
2.11 use the Services in any way to transmit or distribute any Image that contains child pornography or is obscene, sexually explicit, cruel or racist, or that advocates, promotes or incites bigotry, hatred or racism; or
2.12 download or use the Services in Cuba, Iran, North Korea, Sudan and Syria or to destinations otherwise controlled or embargoed by US law, as amended from time to time by the Departments of Treasury and Commerce;
2.13 Affecting or misusing, knowingly or unknowingly, our network and network facilities or the functioning of the network and the services provided by the network
3. Copyright Infringement/Repeat Infringer Policy. Verizon respects the intellectual property rights of others. Accordingly, you may not store any material or use Verizon's systems or servers in any way that would infringe the intellectual property rights of others under United States copyright law. Pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), it is Verizon's policy to terminate the account of repeat copyright infringers in appropriate circumstances.
4. Verizon may, but is not obligated to, monitor your compliance or the compliance of other Subscribers with any term, condition or policy of the Customer Agreement, the AUP and the applicable Terms of Service. You acknowledge that Verizon has the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Services, including without limitation any content that violates any law, the Customer Agreement, this AUP or the Terms violate or applicable Terms of Use.
APPENDIX C
FIOS INTERNET TERMS OF USE
The following Fios Internet Terms of Use apply to your use of the Fios Internet Services and are incorporated by reference into the Customer Agreement between us.
1. USE RESTRICTIONS.
Except as provided in this Agreement, you may not resell, redistribute, or rent the Services (whether for a fee or for a fee), or allow any third party (other than those using Guest Wi-Fi Services on your home network) to use the Services by wired connection , Wi-Fi or otherwise. For example, you may not provide Internet access to others over a wired or wireless connection, or use the Services to facilitate public Internet access (e.g., through a Wi-Fi hotspot), use them for high-volume purposes, or engage in similar activities participate that constitute such use (commercial or non-commercial). When you subscribe to internet service, you can connect multiple devices in a single household to your router to access internet service through a Verizon-assigned IP address. You are responsible for understanding the terms of service for any other device you connect to your home network and opting out of the functionality of any other connected device that violates the agreement or these Terms of Service. You must not knowingly or unknowingly exceed the bandwidth usage limits that we may set for the Services from time to time, or knowingly or unknowingly use the Services to host servers or commercial networks or subnets. Violation of this section may result in bandwidth limitations for the Services or suspension or termination of the Services.
2. SERVICE AVAILABILITY AND CHANGES.
2.1 Availability and Speed of Service and Bandwidth. The Services you select may not be available in all areas or at commonly marketed rates, speeds or bandwidths, and some locations may not qualify for the Services even if initial testing indicates your line is eligible. We provide eligible HSI lines at the maximum line rate available for your location based on our standard line qualification procedures, unless you have selected a service tier with a lower maximum line rate. Bandwidth is provided per line (not per device). The bandwidth available to each device connected to your home network will vary depending on, among other things, the number, type, age, software operating system and configuration of the devices using the Services and the type of usage (e.g. media streaming). The speed of the Services may vary depending on network or Internet congestion, the configuration of your device, your usage and consumption of streaming or other digital media services, the condition of the facilities used to provide the Services, and the cabling in your location. among other factors. The services and some other Fios services, such as B. Fios Home Phone and Fios TV VOD services share the bandwidth on the fiber connection to your home. The available bandwidth for the Services may be temporarily reduced (a) during periods of significant usage of the Fios TV VOD Services in a particular area, (b) due to other unusual events such as network failure or outage, or (c) ) when you or someone consumes multiple video content or data/internet/broadband streams in your household at the same time. We and our suppliers reserve the right to limit or suspend the Services at any time in order to perform maintenance and maintain session control, with or without notice to you. Our network performance and management practices are described at the following website and are incorporated herein by reference:https://www.verizon.com/about/our-company/open-internet.
2.2 Transition from HSI Services to Verizon Fios Internet Services. If Verizon is able to provide Services using fiber optic technologies, we may, in our sole discretion, terminate your HSI Services and stop providing HSI Services at your location. In such event, we will offer you the Internet Fios Services on applicable rates and terms, which may differ from previous rates and terms for HSI Services. If you have a Term Plan and Verizon terminates or ceases to provide Services at your location pursuant to this Section 2.2, you will not be responsible for paying the ETF. If you are moving from HSI Services to Verizon Fios Internet Services, this Agreement will continue to apply to your Verizon Fios Internet Services.
2.3 Changes to Services or Features. We reserve the right to change any software, feature, functionality, website (including any user interface) or device used in connection with the Services at any time with or without notice. This section does not apply to device protection plans that may be offered by our third-party providers.
3. MANAGEMENT OF YOUR DATA, COMPUTERS AND OTHER DEVICES.
3.1 Your responsibilities in relation to managing other devices and data. You are solely responsible for your home network. Your responsibilities include obtaining, maintaining and updating all other devices and software services, and managing your information and data and other connected devices. Unless you have agreed special conditions with us. For security reasons, Verizon reserves the right to change settings on any Verizon-managed access points (e.g., routers and extenders) on your home network.YOU AGREE THAT WE AND OUR THIRD-PARTY SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR DATA OR ANY THIRD-PARTY DATA OR FOR ANY BACKUP OR RECOVERY OF YOUR DATA OR ANY THIRD-PARTY DATA, WHETHER SUCH DATA IS STORED ON OUR OR YOUR SERVER. OR ON YOUR DEVICE OR YOUR PERMITTED GUESTS. YOU SHOULD ALWAYS BACKUP ALL IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON OUR SERVERS OR THIRD PARTY PROVIDERS.
3.2 How Verizon Manages Content and Data. We and our respective third party service providers reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and post such content to various Verizon servers, connected Distribute to Verizon companies and third parties for - operation and maintenance purposes; and (b) block or remove any illegal content that you store or transmit to or from a Verizon server. We do not guarantee the protection of your content or data, residing on our servers or transmitted on our network (or other networks), from loss, alteration or unauthorized access.
3.3 Your responsibilities in relation to security. You agree that you are solely responsible for maintaining the security of other devices and data, including but not limited to encrypting data and protecting your user ID, user password, home network, and administrator passwords, personal and otherwise Data. The Services may allow you to allow third parties that you authorize access to the Internet through your Verizon-issued device. If you believe your login information has been lost or stolen, or that someone has accessed your account or login information without your permission, call 1-800-837-4966 immediately.WE STRONGLY RECOMMEND USING (AND PROPERLY UPDATING) COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.The use of our network for the distribution, operation and maintenance of malicious software (viruses, bots, worms, Trojan horses, etc.) is prohibited. Messages to malicious domain names (e.g., domain names used by networks of computers running malicious software) and to malicious Internet Protocol addresses (e.g., IP addresses used by networks of computers running malicious software) may be forwarded by Verizon to our network security systems at any time without notice as a countermeasure to the operation of malicious software such as "botnets" on our network. Our security systems may store certain information such as the date and time of the malicious communication, the originating IP address, the domain name involved, and other technical information for cybersecurity purposes. Our security systems are configured not to retain any end-user information contained in the application layer payload, if any, delivered or loaded by compromised computers. The Equipment Provided may contain security software and other features that may be activated at your discretion. You are solely responsible for enabling and using optional features and settings.
3.4 Network Performance Monitoring by Verizon. We automatically measure and monitor network performance and the performance of your internet connection and our network. We will access and record information about profiles and settings of other devices and the installation of the software we provide. You agree that we and our relevant third parties may access and scan your device, network connections and equipment and monitor, customize and record data, profiles and settings in order to provide services, manage equipment software and security to administer and perform our networks. You also consent to the monitoring by us or our third-party service partners of all connections and the performance of your Internet connection and home network, and you consent to access and adjust settings of other devices and equipment as they relate to the Services, Software or other Services that we offer from time to time. We reserve the right to change the password(s) for any device used with the Services to protect Internet security, the security and privacy of Subscriber information and/or for other important reasons to protect the Provide, update and maintain services, protect the network, other internet users or our subscribers. If we change these passwords, we will notify you by reasonable means.
3.5 Registration of Authorized Devices and Restrictions on Streaming Content. See Section 5.5 of the Agreement for restrictions on streaming content.
4. RESTRICTIONS ON USE OF THE SERVICES.
4.1 You acknowledge and agree that Verizon (a) is not responsible for invalid or redirected Uniform Resource Locator (“URL”) destinations, transmission errors, or corruption of your data; and (b) does not guarantee that you will be able to access any website, server or other facility, or that the Services will be secure or meet your requirements.
4.2 You understand and agree that if you enter a non-existent or unavailable URL, or enter a search term in your browser's address bar, Verizon will present you with a Verizon Error Assist web search page with suggested links based on the query you entered instead of your address may get an NXDOMAIN or similar error message. Verizon's delivery of the Error Assist page may affect applications that rely on an NXDOMAIN or similar error message and may replace similar browser-based search results pages. If you would prefer not to receive Error Assist pages from Verizon, please follow the opt-out instructions athttps://www.verizon.com/support/residential/internet/home-network/settings/opt-out-of-dns-assist.
4.3 You agree that we are not responsible for the accuracy, completeness, completeness, quality, usefulness, or value of any content, advice, or opinion posted on any email, message board, chat room, or community service, Verizon website, or other public services or social media, and that Verizon does not endorse the advice or opinions contained therein, whether or not we offer such services. We do not monitor or control such services, although we reserve the right to do so.
4.4 You represent that if you or Your Authorized Guests transmit, upload, download, post or send any Content, images or data using the Services, You or Your Authorized Guests have the legal right to do so and Your Authorized Guests use such Content, Images or data do not infringe any copyright or trademark rights or any other rights of third parties.
4.5 Third-party websites or other applications linked to or from the Services are not reviewed, controlled or investigated by us, and you acknowledge and agree that Verizon will not be responsible for any loss or claim you may incur from any third party have against the owner of the website. The inclusion of any linked site or content on the Services, including any site or content advertised on the Services, does not imply our endorsement of it.
5. ADDITIONAL SERVICES.If you subscribe to Fios Internet, we can provide you with the following additional services. In addition to the terms of the Customer Agreement, the terms below apply to your use of the Additional Services.
5.1 Verizon Protect Home. Verizon Protect Home is provided directly by Asurion Services, LLC and is subject to separate plan terms. Verizon customers should review these separate terms and conditions athttp://www.verizon.com/about/sites/Verizon Whole Homeprior to registration and use.
5.2 Equipment Protection Plans. Verizon and its third-party service provider, Asurion Services, LLC, may offer a device protection plan for outages due to damage to certain qualifying products. The Device Protection Plan is provided by Asurion and is subject to the separate Protection Plan Terms found herehttp://www.verizon.com/about/sites/Verizon Asurion Device Protection Plan. Device Protection Plan customers should read those separate terms and conditions before subscribing and using them. By purchasing or accepting an Equipment Protection Plan, you agree to be bound by the terms of the Equipment Protection Plan provided by Asurion Warranty Services, Inc. or Asurion Florida Warranty Services, Inc. and managed by Asurion Services, LLC, which are third party beneficiaries of this Agreement and have the ability to enforce the terms of the Device Protection Plan independently of Verizon.
5.3 Maintenance of the inner wire. If you subscribe to Inside Wire Maintenance (“IWM”) offered by Verizon Affiliates pursuant to Exhibit A, you agree to be bound by the terms and conditions of IWM in addition to the terms set forth in this Agreement; h is locatedhttps://www.verizon.com/about/terms-conditions/residential-terms-serviceand incorporated herein by reference.
5.4 Verizon Cloud Services. Verizon Cloud Services are provided by Verizon Online LLC and offer personal cloud storage to automatically back up and sync your content across your devices. The amount of digital storage provided depends on your cloud service subscription. Upon termination or cancellation of your subscription, you will no longer have access to the additional service and any previously uploaded files and/or content. You are responsible for downloading any files or content before terminating any Services. You agree to be bound by the terms and conditions of the Cloud Services found athttps://www.verizon.com/support/cloud-legal/, in addition to the terms set forth in this Agreement.
5.5 Home Network Protection (“HNP”). Verizon may offer HNP services provided by McAfee LLC. This service is available at no additional cost and is an available feature included with a limited selection of routers. You must download and use the My Fios app to manage HNP's services and features and to access HNP's Terms of Service. After you enable and configure HNP, you can manage settings for connected devices on your home network. Parental controls are also available to manage devices.
5.6 Technology. (Limited availability. Restrictions apply). TechSure is provided directly by Asurion Services, LLC and is subject to separate plan terms. Verizon customers should review these separate terms and conditions athttp://www.verizon.com/about/sites/Techsureprior to registration and use.
5.7 WiFi throughout the house. Verizon can provide Wi-Fi throughout your home as a feature of your Internet service. WiFi throughout the house (https://www.verizon.com/support/residential/internet/whole-home-wi-fi) may be included with your Fios internet plan or offered for an additional fee.
5.8Domestic Awareness. By subscribing to the Home Awareness service (“Home Awareness”), you agree to be bound by the Home Awareness Terms and Conditions in addition to the terms set forth in this Agreement, which can be found athttps://www.verizon.com/support/residential/internet/essentials/home-awareness/legaland incorporated herein by reference.
APPENDIX D
REMOVE ADDITIONAL SERVICES
If you subscribe to Fios Internet, we may have provided you with the following additional services. These products and services (“Additional Payout Services”) are no longer available for purchase through Verizon:
LASTPASS, TOOLBAR, TECHSURE PLUS, TECHSURE PREMIUM, VERIZON PREMIUM TECHNICAL SUPPORT SERVICE, TECH SUPPORT PRO AND LIFELOCK SELECT.
In addition to the Fios Internet Service Terms, all products and services listed above are subject to separate terms that are independent of this Agreement. All of the terms and conditions set forth in this Exhibit E constitute a separate agreement solely between you and the company providing the services or products. Links to the terms and conditions for these products and services are included for your convenience.
1. LastPass Service by Logmein USA, Inc. LastPass is a password management service provided by LogMeIn USA, Inc. By accepting, accessing, or using LastPass, you agree to be bound by the LogMeIn USA, Inc. Terms of Service found athttps://www.logmeininc.com/legal/terms-and-conditions. Please read these Terms carefully as they contain important limitations and conditions related to this additional service and your continued use.
2. Lifelock Selection Service. LifeLock is a consumer cybersecurity monitoring service provided by Norton LifeLock, Inc. By accessing or using LifeLock, you agree to the Norton LifeLock, Inc. Terms of Service found athttps://www.nortonlifelock.com/us/en/legal/. Please read the LifeLock Terms carefully as they contain important limitations and conditions.
3. Techsure Plus, Techsure Premium, Verizon Premium Tech Support and Tech Support Pro. Techsure Plus, Techsure Premium, Verizon Premium Technical Support Service, and Tech Support Pro are services of Asurion Service Warranty, Inc. ("Asurion") that may provide or assist in the provision of technical support services. By using these services you are subject to Asurion's Terms and Conditions found athttps://www.asurion.com/terms-conditions/. Please read these Terms carefully as they contain important limitations and conditions related to this additional service and your continued use.
APPENDIX IS
VERIZON FIOS TV TERMS OF SERVICE
These Fios TV Terms of Use apply to your use of our Video Services and are incorporated by reference into the Customer Agreement between us.
1. THE DEFINITION.
1.1 Authorized Devices. Access to on-demand content is via a Verizon set-top box or other authorized devices and software applications. We may require you to register any other device used to access the Content (each, an "Authorized Device").
1.2 On-Demand Services. A library of on-demand content available as part of the Fios TV service that you can watch at any time. Multiple device viewing options may be available for certain On-Demand Content.
1.2.1 Free upon request. Some free on-demand content is only available if you subscribe to the channel or network that provides the content. You can watch free on-demand content whenever you want, where available.
1.2.2 Others on request. Some on-demand content costs a small fee. In these cases, the content is available to you for 24-48 hours (depending on the content).
1.2.3 Pay-Per-View Content. Pay TV or webcast service where you can purchase live events to watch via private streaming that may have playback or cross-platform access limitations
2. CONTENT.
2.1 Ownership of Content. The programming provided to you is owned and controlled by companies and organizations other than Verizon. Agreements with these companies give us the rights to transport the content. Each company or organization reserves the right, in its sole discretion, to change, remove, or offer alternative content options. Verizon has no control over the content.
2.2 Limitation of Liability and Obligation to Submit Content. Verizon is not responsible for any failure or interruption in delivery of any program or service, due in whole or in part to circumstances beyond Verizon's reasonable control. Subscriber agrees that Subscriber is not authorized to receive, and Verizon has no obligation to provide, any specific Content Services as part of its TV Fios Services and that Subscriber is not entering into this Agreement based on any expectation, promise or TV Fios Services purchases (expressly or by implication) that certain content is to be part of Verizon's Fios TV Services.
2.3 Fios TV Service Interruptions. The Services may be interrupted from time to time for a variety of reasons, and Verizon makes no representations or warranties that the Services or Devices will be available or function in a manner to meet your requirements. Verizon shall not be liable for any inconvenience, loss, liability or damage arising out of any loss, loss, power failure or interruption of the Services caused directly or indirectly by or resulting from any circumstance, including but not limited to circumstances beyond reasonable Verizon's control or events of Force Majeure. Whenever possible, Verizon schedules and conducts maintenance to minimize service disruptions and occur during periods of minimal usage.
2.4 Content Restrictions. Content distributed through the Services may not be viewed or otherwise displayed in publicly accessible areas, including but not limited to commercial establishments. You may not rebroadcast or stream the Content or charge for viewing. You may not take any action to alter or circumvent any security or access controls or restrictions associated with the Services, Devices or any other device.
2.5 Viewing Restrictions. You understand and agree that it is your responsibility to set viewing limits and monitor your use of the Services in your sole discretion.
2.6 Access to Content. Verizon may enable you to access and view Content in a number of ways: (i) by delivering it to your device; (ii) delivery to compatible other devices via a Verizon-provided application that supports media playback; (iii) providing access to supported browser versions via hyperlinks and software provided by Verizon on other devices; or (iv) via a widget or software application accessed through the Equipment. The technology used by Verizon may vary by operating system, device, and software application.
2.7 Terms of Use and AUP. Your use of the Video-on-Demand and Pay-per-View Services is conditioned on your continued compliance with the Fios Internet Terms of Service (Exhibit C of the Customer Agreement), the Fios TV Terms of Service and the Verizon of the Fios TV -Accept acceptable use policies. In the event of a conflict between the Fios TV Terms of Use and the Fios Internet Terms of Use, the Fios TV Terms of Use shall govern solely to the extent of such conflict.
3. DESCRIPTION OF THE VIDEO-ON-DEMAND ("VOD") SERVICES AND TERMS OF USE.
3.1 Accessing Fios TV VOD Content Services. You can access the Services by:
3.1.1 Stream to your TV via a Fios TV decoder provided by Verizon (this requires a compatible Fios router);
3.1.2 play on an authorized device through a Verizon-provided application that supports media playback.
3.1.3 Download to an authorized device for offline playback.
3.2 Registration of Authorized Devices and Restrictions on Streaming Content. See Section 5.5.2 of the Agreement for restrictions on streaming content.
3.3 VOD Service Requirements. Internet access is required to use VOD services. Separate or additional VOD subscription, rental or purchase fees may apply. You are solely responsible for complying with any minimum system requirements, software updates, patches or other fixes that may be or may be required to access the VOD Services. Certain downloaded content may be viewed offline. Not all VOD content is available for download. Fast forward, rewind and other "trick play" features to view previously aired content and other preview features may vary. Availability of standard definition, high definition, ultra high definition and 4K video content may also vary.
3.4 Variables Affecting Delivery. You acknowledge that the delivery of VOD Content is dependent on variables beyond Verizon's control, including but not limited to the speed and availability of your Internet connection or network. There may be delays or technical difficulties caused by or related to such variables, as well as technical limitations of the Authorized VOD Device on which you view the VOD Library Content. To the maximum extent permitted by applicable law, you will not receive a refund or credit for Content that you are unable to view or have difficulty viewing due to such variables. You accept full responsibility for ensuring that you have compatible devices to view the Content in the appropriate format or any other format.
3.5 License. Upon payment of a subscription, purchase, or rental fee, Verizon grants you a limited, nonexclusive, revocable, nontransferable license to use the VOD Content solely for your nontransferable, noncommercial, residential and personal use. . Any other use or attempted use for commercial or any other purpose is strictly prohibited. You understand and agree that advertising and certain communications from Verizon, such as service announcements and administrative messages, are part of the VOD Services and are necessary for Verizon to provide the VOD Services. Your use of third party platforms to collect your VOD tracks from different service providers such as B. Movies Anywhere may require your consent in order for us to share VOD content with the platform providers.
3.5.1 Availability of Purchased VOD Content. After purchasing or renting VOD Content, you assume responsibility for the completion of the download and/or use and all risks of loss for purchased and downloaded VOD Content. Verizon encourages you to download or access your purchased VOD Content immediately after purchase.
3.5.2 Unavailability of Purchased VOD Content. Purchased VOD Content may not be able to be streamed (including streaming to your television via a Verizon Fios TV set-top box) or re-downloaded due to licensing and other restrictions imposed by the content provider, and Verizon will have no liability to you if the purchased Content VOD is no longer available for download, streaming and/or use.
3.5.3 Resubmitting Purchased VOD Content. Verizon may resend to you the purchased digital files containing VOD Content no more than two (2) times during any calendar year.
3.6 Digital Licenses for VOD Content. Regardless of the use of the word "Buy" and except as provided herein, all VOD Content is offered for license use and/or display, not for sale or sale, and is subject to this Agreement and the Terms of Service and any other license terms and conditions applicable to VOD -Content applies, including restrictions imposed through use of digital rights management technologies. VOD content can be licensed in two ways:
3.6.1 Purchased VOD Content. When purchasing VOD Content, payment of a purchase fee entitles You to unlimited access to the purchased VOD Content for viewing on Authorized Devices for an indefinite period of time. Purchased VOD Content will continue to be accessible if you are no longer a Fios TV customer, but your use of such VOD Services is subject to the terms of this Agreement and any applicable end user license agreements, as may be amended from time to time.
3.6.2 Rental of VOD Content: When you rent VOD Content, payment of a Rental Fee entitles you to unlimited access to the rented VOD Content for viewing on one or more Authorized Devices for a specified period of time, typically 24 or 48 hours Hours from purchase or first viewing of rental VOD content.
3.6.3 Playback. Typically, you must begin viewing within 30 days of your rental transaction, or sooner depending on the rental windows notified at the time of rental.
3.7 Reservation of Rights. All Content provided by Verizon or its third party licensors on any website or other resource provided by Verizon through which VOD Content may be viewed or purchased is owned by Verizon or its licensors. All rights reserved as described in Section 6 of the Customer Agreement.
3.8 Mobile Provider Data Charges. You acknowledge and agree that you may also incur data charges or fees from an internet or wireless service provider (which may be Verizon or a third party) for accessing content or purchasing products and services through interactive options available on are available on the Services.
4. ADDITIONAL SERVICES.If you subscribe to Fios Internet and Fios TV, we can provide you with the following additional services. In addition to the terms of the Customer Agreement, the terms below apply to your use of the Additional Services.
4.1.1 Netflix. Netflix is provided directly by Netflix, Inc. and is subject to separate terms and conditions. Verizon customers should review these separate terms and conditions athttps://help.netflix.com/legal/termsofusebefore using the service.
4.1.2 Pandora. Pandora is provided directly by Pandora Media, LLC. and is subject to separate terms and conditions. Verizon customers should review these separate terms and conditions athttps://www.pandora.com/legalbefore using the service.
4.1.3 Pluto TV. Pluto TV is provided directly by Pluto Inc. and is subject to separate terms and conditions. Verizon customers should review these separate terms and conditions athttps://corporate.pluto.tv/terms-of-use/before using the service.
4.1.4 YouTube TV. YouTube TV is provided directly by Google LLC. and is subject to separate terms and conditions. Verizon customers should review these separate terms and conditions athttps://www.youtube.com/t/terms_paidservicebefore using the service.
ANHANG F
FIOS HOME TELEPHONE SERVICE TERMS OF USE
The following Fios Home Phone Terms of Use apply to your use of our Voice Services and are incorporated by reference into the Customer Agreement between us.
1. GENERAL DESCRIPTION.
Fios Home Phone Service is an Internet voice service for local and international calls. The Service also includes using calling features and managing your account.
Current rates and tariffs for domestic and international calls can be found athttps://www.verizon.com/home/phone/. Also, for current pricing information, call Verizon Customer Service at 1.800.Verizon (1.800.837.4966).
1. Call and Account Management Features
The Service includes certain call and account management features. Call features and functionality may change from time to time. please visithttps://www.verizon.com/home/phone/for currently available resources.
2. RESTRICTIONS ON SERVICE.
2.1 Availability. The Fios Home Phone is available in limited areas of the United States and only in those areas where we can route a 911 call to the appropriate emergency response center in compliance with applicable laws, rules and regulations, including but not limited to the FCC -Rules and Requirements .
2.2 Call Types. The service does not allow you to make 500, 700, 900, 950, 976, 0001, 0+, calling card calls or dial-up calls (e.g. third count billed calls.
2.3 Voting. The service requires a 10-digit dial. Home security system settings may need to be changed from 7 to 10 digits.
2.4 Call Forwarding. You cannot forward any of your calls to international numbers.
3. POWER AND BATTERY REQUIREMENTS.
Fios home phone service (including 911 dialing) will not function during a power outage without backup power.You are responsible for providing all electrical power necessary for the operation of the Service and any backup power source.
3.1 Battery backup. A battery backup feature is available for your Verizon device. Depending on the device type, you can use this battery backup feature by using either (i) a 12-volt battery in the onboard backup battery pack, or (ii) D-cell batteries in the optional Verizon PowerReserve device that is attached becomes your equipment.
3.2 Backup Details. With a fully charged battery (or batteries), the battery backup feature will power your service's basic calling functions for up to eight (8) hours in the event of a power outage. The Verizon PowerReserve device can be purchased through Verizon. 12-volt batteries can be purchased from Verizon or third-party suppliers. The battery backup feature does not power cordless phones, Fios Internet or Fios TV services, or alarm system devices. A power outage or service interruption may require you to reset or reconfigure the device before using Fios Home Phone Service. For more information, including device type, battery tests, monitoring, usage, and storage, visit verizon.com/battery.
APPENDIX G
TERMS OF USE FIOS PREPAID
Certain Fios Services may include a pre-payment option.
1. FEES AND PAYMENT TERMS.
1.1 Prepaid Fees. You agree to pay for the Services on a prepaid basis for a minimum period of one month. You are responsible for paying any applicable taxes, surcharges, fees or other charges associated with the Services and Devices. The first month's payment for Services must be paid in full before we ship equipment or schedule an installation appointment. You agree to pay any installation or other additional fees prior to the time of installation, at the time of installation, but in any event prior to activation of the Services.
1.2 Term of Service - Payments.
1.2.1 Payment Cycle. Your monthly payment cycle begins on the date your (a) prepaid services are installed and activated when Verizon installs your services, or (b) the date your equipment is shipped to you when you subscribe to the service install own account. Your services are available for one month after activation. You must pay for the next month's Services prior to the end of the current month (the "Expiry Date") in order to keep your Services active. Services will be renewed for the next month when we receive full payment.
1.2.2 Non-Renewal. If you do not pay for the next month's Prepaid Services before the expiration date, your Services will become unavailable without notice to you. You can restore your Services by paying for another month, and a new month of Service will begin on the date your Services are reactivated. As long as your services are unavailable, you may not make any changes to the devices and you will not be billed for services. Your services will be restored within 24 hours of receiving your payment. There are no charges for restoring the services.
1.2.3 Account Termination. If you do not make payment for three consecutive months, your Verizon account will be terminated and you must return all Devices to Verizon pursuant to this Agreement. You must order as a new customer if you wish to purchase prepaid services after account closure. Reopening of a prepaid account is at Verizon's sole discretion.
1.3 Third Party Fees. You are solely responsible for any fees you incur with third-party providers, including access to online services or subscriptions.
1.4 Payment Methods. You may need to use a credit or debit card to prepay for your first month of service. Subsequent payments may be made using credit or debit cards, cash at an authorized payment agent or other payment methods determined by us. If you use a credit or debit card to pay for the Services, your use of the card is subject to your card issuer's agreement. If we receive a chargeback from your credit or debit card, your services will be suspended. More than one chargeback within six months will result in the closure of your account. If you are a Cash customer, we may email you your account number to process your payment; The number may also be used to authenticate your Verizon account and you acknowledge that unencrypted email may increase the risk of third party interception.
1.5 Refunds. Consistent with applicable law, we do not refund prepaid amounts for the Services unless an order is canceled prior to installation or activation.
1.6 Account Statements. Your statement will be provided online and available to you through your My Verizon account; Paper statements are not available.
2. SERVICE INFORMATION.
2.1 Service Availability. Not all Verizon services are available in all regions. You may not reschedule your Verizon Services or suspend your Verizon Prepaid Services during the current month and no refunds will be given for any prepaid amounts. Services can be restored to a new location as a new account. Only designated service options, including available Wi-Fi internet speeds, are available as prepaid services.
2.2 Service Restrictions. Residential Telephone is a prepaid Fios Residential Telephone service subject to the Fios Residential Telephone Terms of Service and does not allow calls billed based on usage, additional line purchases, directory listings, directory assistance calls or carrier terminated calls, except for customers with a disability who register to make such calls dial custom numbers or their own area codes. Private phone numbers are not listed or published. Holiday lock is not available for prepaid services.
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