Thanks for choosing Verizon Cloud. These terms contain important information about the service, including our ability to make changes to your service and these terms, and our liability if things don't work as planned, and how any disputes between us must be resolved in arbitration or small claims court.
Your use of Verizon Cloud service and related software and applications (the "Service") is subject to the following terms and conditions. These terms form a legally binding agreement ("Agreement") between you and Cellco Partnership d/b/a Verizon Wireless ("Verizon", "Verizon Wireless", "We", "Us", "Our"). By using the Service, you accept this Agreement, which may be modified by Us from time to time. By continuing to use the Service after We have notified you of changes, you're agreeing to accept those changes. By using the Service, you agree that you are 18 or older or your parent or guardian has consented to this Agreement. Here are some other important things We want you to know about the Service.
* VERIZON ONLINE CUSTOMERS: YOUR USE OF VERIZON CLOUD IS SUBJECT TO THE TERMS OF SERVICE THAT YOU ACCEPTED AS PROVIDED BY VERIZON ONLINE AND THIS AGREEMENT IS INCORPORATED BY REFERENCE THEREIN.
- Account Security. You are solely responsible for any use of the Service on any devices. We expressly disclaim any liability for damages you may incur in connection with any unauthorized use. To help reduce the possibility of unauthorized use, We strongly recommend implementing security measures, such as a screen lock or a unique password that others won't easily guess, on any device from which you plan to access the Service.
- Termination. We may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice. We may also limit, suspend, terminate or discontinue your use of or access to the Service or certain features or functions of the Service, at any time without notice. If you breach this Agreement, your right to use the Service shall terminate immediately and without notice. NOTE: BEFORE YOU DELETE YOUR CONTENT OR DISABLE THE MOBILE APP OR COMPUTER CLIENT, PLEASE DOWNLOAD ANY CONTENT THAT YOU WISH TO SAVE. WE ARE UNABLE TO ACCESS CONTENT FROM A TERMINATED ACCOUNT AFTER 30 DAYS FOLLOWING TERMINATION.
- How the Service Works. You can access the Service through a mobile application (the "Mobile App"). If you are a Verizon customer, you can also access the Service by (i) logging into My Verizon or (ii) downloading computer software from Our Website (the "Computer Client"). If you are not a Verizon customer, you can also access the Service by logging into the web portal you used to sign up for the Service. Not all Service features are available through all access methods. Data used when using the Service will be billed per the terms of your wireless data plan/feature. You may choose to store, manage, access and share content that you have created or that you otherwise have the right to store, manage, access and share using the Service ("Content"). Your device type (e.g., smartphone, tablet) and operating system (e.g., Android, iOS) determine: (i) the types of Content you can back up, (ii) the device locations from which Content is backed up, and (iii) whether Content is manually or automatically backed up. See the Service FAQs for more details. When using the Mobile App, a small amount of data may be used to collect non-personally identifiable information to help us analyze or improve the Service. If you choose to sync text and multimedia messages, the initial sync will include only messages transmitted during the last 90 days. After that, any new messages will be synced in accordance with the schedule you select.
Your ability to view and delete Content in the Service varies by Content type:
- Messages and call logs can only be viewed and deleted in the applications in which they were created. They will be stored in the Service until the following actions occur: (i) you delete them on your device and (ii) you complete a manual backup (or your next automatic backup occurs).
- Contacts can be viewed in the Service, and can be deleted in My Verizon or the application in which they were created. Contacts will be stored in the Service until the following actions occur: (i) you delete them on your device or in My Verizon and (ii) you complete a manual backup (or your next automatic backup occurs).
- Pictures, videos, music and documents can be viewed and deleted in the Service. Deleting these types of Content on your device will not delete them in the Service, and deleting them in the Service will not delete them on your device.
Verizon Customers: You may set up an individual Verizon Cloud profile using a unique user id and password so that you can continue to access your Content even if you are no longer associated with a Verizon account. Any member on your Verizon account who has the Service enabled may also set up an individual Verizon Cloud profile using a unique user id and password so that they can continue to access their Content even if they are no longer associated with a Verizon account. See Service FAQs for more details. NOTE: BEFORE YOU TERMINATE YOUR VERIZON ACCOUNT, PLEASE DOWNLOAD ANY CONTENT THAT YOU WISH TO SAVE. WE ARE UNABLE TO ACCESS CONTENT FROM A TERMINATED ACCOUNT AFTER 30 DAYS FOLLOWING TERMINATION.
- Content.By using the Service, you grant a non-exclusive, fully-paid and royalty-free, sub-licensable, assignable, irrevocable worldwide license to provide all facilities and to enable those facilities to take all actions with respect to Content that may be necessary or reasonable to provide, or to facilitate the provision of, the Service, pursuant to any current and future patents, copyrights and trademarks owned or licensable by You, to the extent necessary for Us to exercise any license right granted herein, including, without limitation:
- storing and retrieving the Content;
- making the Content available to You;
- conforming to connecting networks' technical requirements;
- transferring your Content from one mobile device you own to another mobile device you own; and
- transcoding Content into a viewable or otherwise appropriately perceptible format.
You are solely responsible for your Content and your actions in connection with your or other users' Content. By choosing to share Content with others via any means, including messaging or social media applications or other services, you are making your Content publicly available. You represent and warrant that you have the right to publicly share your Content, and to permit and enable others to access, distribute, copy, transmit, download, stream, perform or otherwise use your Content without your prior knowledge or consent, and you expressly authorize all of those actions. We are not responsible for and expressly disclaim any liability for actions taken by you or others in connection with Content that you choose to share, view, or otherwise access through the Service. We don't control or endorse your or other users' Content. By using the Service, you may be exposed to content that you find offensive, indecent or otherwise objectionable. We are not obligated to screen or monitor Content, but We reserve the right to do so, and to suspend or restrict sharing of Content that is identified as copyrighted. We may also remove Content without notice and in Our sole discretion. If you choose to use the Service to transfer Content between your mobile devices using a WiFi network, you are solely responsible for ensuring the security of the WiFi network that you use.
- Payment. If you are a Verizon customer, you can purchase the Service by charging it to your Verizon account. Billing and payment terms are set forth in the Customer Agreement you entered into with Us when you signed up to be Our customer.
If you are a Verizon Prepaid customer, when the Service is made available for Prepaid plans, you will be able to purchase the Service by adding it to your Verizon Prepaid account. You must have a sufficient account balance at the time of each monthly renewal to cover your monthly Cloud charges in addition to your monthly access fee and any other monthly charges you have added to your account. Your monthly Cloud charges will be due on the same date as your account's monthly renewal date. If you have insufficient funds in your Prepaid account to cover all applicable charges as of the renewal date, all of your services on the account, including the Cloud Service, may be suspended. If your Prepaid account has been terminated after suspension, your Cloud account will also be terminated and we will be unable to restore your content. If your Verizon Cloud account is terminated for any reason before your account's monthly renewal date, you will not receive a refund for any days remaining in your billing cycle.
If you are not a Verizon customer, you can purchase the Service by charging it to your credit card or payment card/account. Not all forms of payment forms may be accepted by Verizon at the time you are purchasing the Service. The charges, including any taxes and surcharges, if applicable, will be billed one month in advance and will appear on your credit card or payment card/account bill. By accepting this Agreement you are authorizing Verizon to automatically charge your credit card or payment card/account on your due date each month for the total balance due. When you provide your payment information, you authorize Us (or a third party payment processor) to process and store your payment and related information. You are responsible for resolving any problem we encounter in order to proceed with your purchase. You also agree that Verizon may receive updated card account information from your card issuer. Verizon does not charge for this payment program at this time, however, you should check with your bank to see if it may charge fees for automated payments from your account. Verizon reserves the right upon notification to terminate this payment program at any time.
LastPass Service by LogMeIn USA, Inc.
- LastPass is a password management service offered by LogMeIn USA, Inc., which is located at 320 Summer Street, Boston, MA 02210. LogMeIn USA, Inc. is a third party beneficiary of this Agreement and capable of enforcing its terms independently from Verizon. By accepting, accessing, or using LastPass, in addition to the terms set forth in this Agreement, you agree to be bound by LogMeIn USA, Inc.'s Terms of Service, which are incorporated by reference as if set forth in its entirety herein (the "LogMeIn Terms"). Please review these terms carefully as they contain important limitations and conditions with respect to this Third Party Service. The choice of law provision in Section 9.14 of the LogMeIn Terms shall not apply to any causes of action by or against LogMeIn USA, Inc. under or in relation to this Agreement. Any such causes of action in relation to this Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York.
- The LogMeIn terms constitute a separate contract between you and LogMeIn USA, Inc. that governs your access to and use of LastPass. Verizon is not a party to that agreement between you and LogMeIn USA, Inc. Verizon is not responsible for the loss, corruption, or alteration of data, software or files that may result from performance of LogMeIn USA, Inc. You agree to look exclusively to LogMeIn USA, Inc. under the LogMeIn Terms for any claims that you may have related to the LastPass service.
- Verizon makes no warranty, express or implied, as to the LastPass service. Your sole warranty is as set forth within the terms you accept directly with LogMeIn USA, Inc.
- If you receive the LastPass service from Verizon, and the service is terminated by you or Verizon for any reason, LogMeIn USA, Inc. may in its sole discretion convert your account and continue to provide the LastPass service to you directly (each a "Converted Account"). If LogMeIn USA, Inc. does so, the LastPass service under the Converted Account will be subject only to the LogMeIn Terms, and Verizon will have neither responsibility nor liability for the LastPass service if you continue to receive it under the Converted Account. You agree to look exclusively to LogMeIn USA, Inc. under the LogMeIn Terms for any claims that you may have related to LastPass service under the Converted Account.
- Beta Features. We may release features or functionality of the Service that are still being evaluated or tested ("Beta Feature"). We will tell you if something is a Beta Feature. If you choose to use a Beta Feature, note that it may not perform as reliably as other Service features. We may change, suspend, or discontinue a Beta Feature at any time without notice.
- DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
Filing a DMCA notice alleging copyright infringement:
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Verizon's system or network should be promptly sent in the form of written notice to Verizon's Designated Agent:
Designated Agent for DMCA Notices
Verizon Copyright Department
1320 North Courthouse Road, Floor 9
Arlington, Virginia 22201, U.S.A.
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter-notification:
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to Verizon’s Designated Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is Verizon's policy to terminate the account of repeat copyright infringers in appropriate circumstances.
- Software. In connection with the Service, We will provide to you software that is owned by Us, Our affiliates or third-party licensors ("Software"). We may update the Software from time to time and your failure to install any update may affect your Service and/or use of the Software. You may use the Software only as part of, or for use with, the Service as authorized in this Agreement.
Subject to the terms and conditions of this Agreement, We grant you a limited, non-exclusive, non-transferable license to use the Service, the Software and Content solely as authorized in this Agreement. All rights regarding use of the Service, Software and Content not expressly granted in this Agreement are reserved by Us and/or any third-party licensors. However, you retain all of your ownership rights in Content that you create yourself. The Software may contain programming, scripts, tools, modules, libraries, components, or other items that were developed using "open source" code; for more information, please visit www.verizon.com/opensource.
- Restrictions. Except as applicable to Open Source Software, you agree that you will not attempt to modify any Software or Content (other than Content that you generate yourself or otherwise own) obtained through the Service for any reason, including for the purpose of creating a ring tone or disguising or changing ownership or source (including without limitation, falsifying or deleting author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from the Service or used in any materials and information submitted by you, in any form) of the Content. You agree to follow all rules and policies applicable to the Service, including required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. You also agree: (i) to comply with all applicable laws, regulations, and rules (including, without limitation, the My Verizon Terms and Conditions (if you are a Verizon customer) and the Verizon Wireless Website Use Terms and Conditions, each of which can be found at www.verizonwireless.com) when using Content or the Service, and any applicable third party terms and conditions (including those of any mobile application store from which you download the Mobile App); (ii) except as applicable to Open Source Software, not to adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software, or otherwise tamper with or modify any security features or other Service components for any reason (or allow or help anyone else to do so). This Service is subject to the Export Administration Regulations ("EAR") of the United States Department of Commerce, and shall not be used in Crimea, Cuba, Iran, Syria, Sudan, North Korea or any other destinations that are now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States law. Further, this Service is subject to Nuclear, Biological, Chemical, and Missile Proliferation Sanctions of the United States, and shall not be used in a manner now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States law.
- IMPORTANT SERVICE DISCLOSURES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE SERVICE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS YOU MAY HAVE. YOU AGREE TO USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE SERVICES IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON VERIZON OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE NOT TO CAUSE, OR OTHERWISE REQUEST THAT VERIZON CREATE, RECEIVE, MAINTAIN OR TRANSMIT PROTECTED HEALTH INFORMATION (AS DEFINED AT 45 C.F.R. § 160.103) FOR YOU OR ON YOUR BEHALF IN CONNECTION WITH THE SERVICES OR IN ANY MANNER THAT WOULD MAKE VERIZON A BUSINESS ASSOCIATE (AS DEFINED AT 45 C.F.R. § 160.103) TO YOU.
- DISCLAIMER OF WARRANTIES. THIS SERVICE, CONTENT AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER US, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE VERIZON PARTIES AND ANY THIRD PARTY MOBILE APPLICATION STORE OPERATORS FROM WHICH YOU DOWNLOAD THE MOBILE APP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOSS OF CONTENT, OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER.
- Limitation of Liability. You agree that the Verizon Parties, and any third party mobile application store operators from which you download the Mobile App, are not liable in any way for any losses, damages or injuries caused directly or indirectly by your or anyone else's use, misuse or removal of the Service, the Mobile App, your Content, or other users' Content. You agree that the Verizon Parties will not be liable to you or any third party for any failure of the Service to perform, damage to your personal property, including but not limited to, your mobile device, personal computer equipment or software, losses or injury to your business or data, or damages, including lost income or business opportunity relating to or caused, directly or indirectly by, service failures, equipment or underlying line failures, by any failures of the Software We provide, or by any viruses or other disabling code or intrusions to your system.
- Your Representations and Warranties. You represent, warrant and agree that:
- you will use the Service only as authorized by this Agreement and in compliance with all applicable laws, rules, regulations and ordinances ("Laws"), including without limitation, any applicable intellectual property Laws;
- you will not attempt to sell or resell the Service without Our prior written consent;
- you will not use the Service to redistribute, rebroadcast, publicly perform, publicly display, share or otherwise transfer any copies of Content, or otherwise make use of Content in any way that would infringe any else's copyright or other ownership right in such Content or violate any Laws applicable to such Content;
- you will not share or otherwise make available Content that is illegal, or use the Service to commit fraud, harass, abuse or mislead others;
- you will not share or otherwise make available Content in a manner that violates any Laws relating to a person's right to privacy or the export of personal data, including without limitation, Laws that restrict unauthorized distribution of intimate images;
- you will not use the Service to interfere with, abuse or violate the property rights of others, including, without limitation, activities that result in the distribution of malware, viruses, worms, time bombs, Trojan horses, or other destructive activities;
- you will not attempt to circumvent or disable the security of the Service, bypass storage limits, or impair the performance of Our systems, servers, or networks;
- you own or have the necessary licenses, rights, consents, and permissions (including but not limited to patent, trademark, trade secret, copyright, rights of publicity and privacy and other proprietary rights): (a) to store the Content on the Service and to permit access to such Content by others, and (b) to permit Us to fully provide the facilities for the Service, and to exercise the licenses you grant to Us in this Agreement;
- the inclusion of your Content and use of the Service to store and provide access to your Content and exercise by Us of the license granted by you herein will not violate or infringe upon the trademark, trade name, copyright, right of privacy or publicity, property rights, or any other proprietary rights of any person or entity;
- you are not a citizen of an embargoed country or prohibited end user under applicable U.S. export and anti-terrorism laws, regulations and lists. You will not use, export or allow a third party to use or export the Service in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.
- Indemnification. In the event you act or use the Service in a manner not permitted in this Agreement or breach any of your representations and warranties, you will: (i) be in material breach of this Agreement; (ii) indemnify, defend and hold harmless the Verizon Parties and other Service users for any losses, expenses, costs, liabilities, damages, penalties, investigations or enforcement proceedings (including attorneys' fees) arising from or relating to your actual or alleged breach of this Agreement including without limitation, your representations and warranties or any claim that your use of Content infringes or otherwise violates any applicable laws, rules or regulations, or any third party's intellectual property or other rights, including, without limitation, personal or privacy rights; (iii) take, at your expense, prompt action to correct and/or mitigate the effects of your breach of this Agreement; and (iv) provide Us with reasonable cooperation and support in connection with Our response to your breach of this Agreement. You shall assume and be solely responsible for any reporting requirements under law or contract arising from your breach of this Agreement.
- Dispute Resolution.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.
YOU AND VERIZON BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), 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") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
(2) UNLESS YOU AND VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S CONSUMER ARBITRATION RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VERIZON SHOULD BE SENT TO VERIZON WIRELESS DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY, BASKING RIDGE, NJ 07920. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, VERIZON WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER.
(5) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY'S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO'S NOT DIRECTLY INVOLVED IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU'D LIKE TO KNOW MORE, PLEASE CONTACT US AT VERIZONWIRELESS.COM OR THROUGH CUSTOMER SERVICE. IF YOU'D LIKE TO START THE MEDIATION PROCESS, PLEASE GO TO VERIZONWIRELESS.COM OR CALL CUSTOMER SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.
(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND VERIZON AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND VERIZON UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
- General Terms.
- All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability, Indemnification, and Dispute Resolution shall survive such termination.
- You may not assign or otherwise transfer these terms or your rights or obligations under them, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
- Failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such provisions in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
- This Agreement constitutes the entire agreement between you and Verizon with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement (other than your actual or deemed acceptance of updates to this Agreement) shall be effective unless agreed to in a writing signed by an authorized person at Verizon.
- Except as otherwise required by law, You and Verizon agree that the Federal Arbitration Act and the substantive laws of the state of your billing address, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. UNLESS YOU AND VERIZON AGREE OTHERWISE, YOU AND VERIZON CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN AN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE COUNTY OF YOUR BILLING ADDRESS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including state laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
- Additional Terms and Conditions for Mobile Apps Downloaded from the Apple App Store. You may only use the Mobile App on iOS devices that you own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You and We acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to the Mobile App, that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against you in its capacity as a third party beneficiary to the Agreement. Apple is not responsible for any claims made by you or a third party regarding the Mobile App, including intellectual property infringement claims, or Your use or possession of the Mobile App, including but not limited to (i) product liability claims, (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile App to conform to any warranty, express or implied. If the Mobile App fails to conform to any warranty, you may notify Apple and Apple may, as your sole and exclusive remedy, refund the amount - if any - that you paid Apple for the Mobile App. Questions regarding the Mobile App may be sent to VerizonCloud@verizonwireless.com.