This agreement ("Agreement") is between TeleCable Services, LLC. ("TeleCable") and an end user ("End User") of the VoiceNet IP Voice and Video Communications Service ("VoiceNet"). Any VoiceNet services or products ("Services") provided by TeleCable to End User shall be governed by the terms and conditions herein. By activating the Services, End User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End User acknowledges that they are of legal age to enter into this Agreement.
TERMS AND CONDITIONS. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY TeleCable, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON TeleCable. No waiver or amendment to this contract or these terms and conditions shall be binding on TeleCable unless made in writing expressly stating that it is such a waiver or amendment and signed by a representative of TeleCable.
TERM. The term of this Agreement ("Term") begins on the date that End User purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User ("Plan"). At the end of the current Term, the Term is automatically renewed unless End User provides TeleCable, prior to the end of the current Term, notification of intention to cancel the service. End User agrees to pay for Services for the duration of the Term. Expiration of the Term does not alleviate End User of responsibility for paying all unpaid, accrued charges due hereunder. If End User chooses to cancel the service before the end of the current Term, Disconnection fees may apply as set forth in section 5.7.
911 AND SERVICE REQUIREMENTS. Sections 3.1-3.4 apply to all End Users in service areas where VoiceNet E911 Service (described in sections 3.5-3.6) is not available. Section 3.6 applies to all End Users.
1. 911. END USER ACKNOWLEDGES THAT TeleCable's SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS. END USER AGREES TO NOTIFY ANY USER OF THE SERVICES, WHO MAY PLACE CALLS USING END USER'S SERVICES, OF THE 911 LIMITATION. TeleCable ADVISES END USER TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
2. ELECTRICAL POWER. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.
3. INTERNET ACCESS. END USER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
4. NON-VOICE SYSTEMS. END USER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, FAX MACHINES, AND SATELLITE TELEVISION SYSTEMS. END USER HAS NO CLAIM AGAINST TeleCable FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
The following section (3.5) as well as Section 3.6 applies to End Users that purchase equipment utilizing PSTN line calling, which is currently available only in some service areas.
5. END USER UNDERSTANDS THAT UNDER CERTAIN CERCOMSTANCES WITH THE CORRECT EQUIPMENT, THEY MAY BE ABLE TO DIAL E911 AND/OR 911. THESE FEATURES ARE NOT CONTROLLED BY TeleCable AND ARE SOLEY UP TO THE END USER TO DETERMINE IF THEY WORK. TeleCable IS NOT LIABLE FOR ANY MALFUNCTIONS OF PRODUCTS SOLD OR USED WITH VoiceNet WHILE TRYING TO CALL EITHER E911 OR 911. AT NO TIME WILL TeleCable BE RESPONSIBLE FOR THE SUCCESS OR FAILURE OF USING ANY E911 OR 911 FEATURES AND END USER ACKNOWLEDGES THAT THEY CAN'T HOLD TeleCable RESPONSIBLE.
6. END USER ACKNOWLEDGES AND UNDERSTANDS THAT TeleCable WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING VOICENET OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. END USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TeleCable, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHOM FURNISHES SERVICES TO END USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, INJURIES, LOSS OF LIFE, LEGAL ACTION, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, END USER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
EQUIPMENT. To provide the Services, TeleCable may provide Equipment to End User. All Equipment shipments are F.O.B. TeleCable's facility. TeleCable's liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to carrier. End User will be provided a three (3) month manufacturer's warranty from the date of purchase of Equipment or Service. End User shall be required to obtain authorization from TeleCable to return any Equipment. TeleCable will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. TeleCable will not cover replacement for lost, stolen or modified equipment. Equipment returned by End User that is not covered under warranty may be refused by TeleCable, and End User will be responsible to pay return shipping charges. End Users who purchased through a Retail outlet may return within the first Thirty (30) days to the place of purchase, after the Thirty (30) days they can contact VoiceNet regarding warranty replacement.
BILLING, CHARGES AND PAYMENT.
1. PAYMENT. Upon purchase of the Service, End User must provide TeleCable with a valid credit card number from an accepted issuer (Visa or MasterCard). End User authorizes TeleCable to charge the credit card number provided by End User ("Credit Card") for all charges arising from End User's use of the Services. End User agrees to notify TeleCable of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. TeleCable shall not be responsible for any charges made by the Credit Card issuer to End User's Credit Card account for exceeding credit limit, insufficient funds or other reasons.
2. CREDIT TERMS. All Services provided to End User and covered by the Agreement shall at all times be subjected to credit approval or review by TeleCable. End User will provide such credit information or assurance as is requested by TeleCable at any time. TeleCable, in its sole discretion and judgment, may discontinue credit at any time without notice.
3. BILLING. TeleCable will provide End User with a monthly on-line invoice for the Services and bill all charges invoiced to End User's account to the Credit Card. Such charges shall include activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed at the end of each month's service. TeleCable reserves the right to charge the Credit Card for toll charges at any time if End User's cumulative toll charges for the current month exceed fifteen dollars ($15.00). Billing for monthly service fees commences upon purchase of the Services, and the first month's monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated. Activation for billing Retail customers occurs after End User activates the services on the VoiceNet website or if a DTA or VideoPhone is purchased from a retailer the billing will start from date of activation. There may be promotional offers, which will be credited from the billing/activation start date. Vendor reserves the right to stop accepting credit cards at any time. All Pre-Paid services must maintain available credit to cover month charges and anticipated call charges; TeleCable may at any time charge End User's credit card to maintain a credit balance.
4. LATE/NON-PAYMENT. If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, TeleCable may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by TeleCable. If charges cannot be processed to the Credit Card, End User will be charged a fee of fifteen dollars ($15.00). No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder.
5. TAXES. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides TeleCable with an appropriate exemption certificate. If any amounts paid for the Services are refunded by TeleCable, applicable taxes may not be refundable.
6. TRIAL PERIOD. TeleCable offers a thirty (30) day trial period ("Trial Period") to new End Users for their first VoiceNet account. The Trial Period commences upon the purchase of Services by End User on the VoiceNet web site. If End User is not satisfied with the Services during the Trial Period, End User may obtain a refund of the activation fee and monthly service fee. Shipping charges and any federal excise and sales and use taxes are not refundable. To obtain a refund, End User must: a) Notify TeleCable within thirty (30) days of purchase of the Services on the web site and obtain a return material authorization number from TeleCable for the Equipment, b) Return the Equipment to TeleCable within seven (7) days of cancellation of the Services, and c) Return the Equipment in its original, unaltered condition with all packaging intact. The trial period refund shall not apply to End Users that have trial period usage in excess of Two Hundred (200) minutes. Disconnection fees shall not apply if End User cancels service during the Trial Period. Retail Customers will be required to return within the first Thirty (30) to the place of purchase to receive any refund no disconnection fees will apply.
7. DISCONNECTION FEE. Subsequent to the expiration of the Trial Period, if End User terminates Service within twelve (12) months of the purchase of the Services, TeleCable shall charge a Disconnection Fee of seventy-nine dollars ($79.00). The Disconnection Fee shall be waived after End User completes twelve (12) months of consecutive service. Disconnection Fees shall be billed to End User's Credit Card when End User notifies TeleCable of the cancellation of the Services (Retail customers will not be required to pay any Disconnection fees).
8. CREDITS. End User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption or discontinuance of Services shall not be provided for any services including but not limited to all prepaid and postpaid services provided by TeleCable. No credits will be issued regardless of where services were bought or provided including but not limited to third party resellers, selling agents, or online purchasing sites (eBay, Yahoo, MSN, Overstock etc.).
9. DISCOUNTS. From time to time in its sole discretion, TeleCable may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
10. BILLING DISPUTES. End User must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice or End User waives any objection.
TOLLS. Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges that are associated with the Plan. Every call to or from Equipment using the Services that originates or terminates with a SIP service provider that is not affiliated or associated with VoiceNet will also count as PSTN minutes and be subject to the then applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States and Canada to a non-VoiceNet account or IP partner will be charged at the current rates published on the VoiceNet web site. The duration of each call is to be calculated in thirty (30) second increments and rounded up to the nearest thirty (30) second increment with minimum call duration of thirty (30) seconds.
TELEPHONE NUMBER. Any telephone number provided by TeleCable ("Number") to the End User shall be leased and not sold. End User is not to use the Number with any other device other than the Equipment without the express written permission of TeleCable. TeleCable reserves the right to change, cancel or move the Number at its sole discretion.
LOST, STOLEN, ALTERED OR BROKEN EQUIPMENT. End User shall not modify the Equipment in any way without the express written permission of TeleCable. End User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End Users who have existing Equipment belonging to TeleCable shall pay TeleCable for any such lost, stolen or broken Equipment in an amount equal to the retail price of the Equipment less amounts End User had previously paid specifically for said Equipment. End User shall immediately notify TeleCable of any lost or stolen Equipment and shall cooperate with TeleCable in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At TeleCable's sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that TeleCable is informed of the loss or theft and can effect a termination of the Services.
PROHIBITED USES. Any use of the Services or any other action that causes a disruption in the network integrity of TeleCable or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End User understands that neither TeleCable nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of TeleCable. TeleCable's Service Plans for residential subscribers that offer unlimited minutes of PSTN calls ("Unlimited PSTN Plans") are for the reasonable personal residential use of End User only. Such use shall not include certain activities including, but not limited to, any auto dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal and residential usage. End User agrees to notify TeleCable if usage of the Unlimited PSTN Plans changes from personal residential use. Any use found to be inconsistent with this restriction will result in the plan being automatically changed or modified or termination of the Service. TeleCable reserves the right to immediately terminate or modify the Services of any End User using Unlimited PSTN Plans if TeleCable determines, in its sole discretion, that End User is not using the Unlimited PSTN Plans for End User's reasonable personal residential use.
COMMERCIAL USE. End User agrees that the use of the Service and/or Equipment for activities other than reasonable personal residential use will obligate End User to pay TeleCable's higher rates for business services for all periods of such use, including past periods, in which End User used the Service for commercial or governmental purposes. TeleCable reserves the right to immediately terminate or modify the Service, if TeleCable determines, in its sole discretion that End User's use of the Service is for non-residential or commercial use. If End User subscribes to VoiceNet Business Number Saver or another Business Plan, the Service and Equipment are provided to End User as a small business user. This means that End User is not to resell or transfer the service or device to any other person for any purpose, without express written permission from TeleCable in advance. End User agrees that TeleCable Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. TeleCable reserves the right to immediately terminate or modify the Service, if TeleCable determines, in its sole discretion, that End User's Service is being used for any of the aforementioned activities.
CHANGES TO THE AGREEMENT, SERVICES OR PLAN. TeleCable reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, TeleCable will post to the Web Site currently located at http://www.telecableservices.com. Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site ("Change Date"), and no additional notice will be required. TeleCable will post all changes thirty (30) days in advance of the effective date of change. If End User does not send TeleCable notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End User may request a Plan change at anytime, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply. TeleCable may decrease prices for the Services or Plans without providing any prior notice to End User.
TERMINATION. End User agrees to provide TeleCable with thirty (30) days notice of termination. End User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to TeleCable. In accordance with section 5.7, a disconnection fee may apply. TeleCable reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, TeleCable, TeleCable's network or other End User's use of the Services. TeleCable reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that TeleCable's determination is final and binding on End User. TeleCable may require an activation fee to change or resume a terminated or suspended account.
PRIVACY. VoiceNet utilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, TeleCable cannot guarantee the security of voice and video communications of End User. TeleCable is committed to respecting an End User's privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User's relationship with TeleCable. TeleCable will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User's prior permission is obtained, TeleCable will only share the personal data End User provides with other TeleCable entities and/or business partners that are acting on TeleCable's behalf to complete the activities described herein. Such TeleCable entities and/or national or international business partners are governed by TeleCable's privacy policies with respect to the use of this data. As a publicly traded company, TeleCable is required to file numerous reports with different administrative bodies. As such, TeleCable may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, TeleCable reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either TeleCable or any company affiliated with TeleCable. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, TeleCable may disclose personally identifiable information.
RETURNS AND ADJUSTMENTS. No Equipment may be returned by End User for any reason without prior approval of TeleCable. All returns shall be in original packaging or equivalent. End User shall be responsible for all costs related to shipping to TeleCable any Equipment that is being returned. Any Equipment returned to TeleCable without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from TeleCable, return to TeleCable any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to TeleCable an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.
TECHNICAL SUPPORT. TeleCable provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.
BREACH. In the event of End User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse TeleCable for all attorney, court, collection and other costs incurred by TeleCable in the enforcement of TeleCable's rights hereunder and TeleCable may keep any deposits or other payments made by End User.
INDEMNIFICATION. End User agrees to defend, indemnify and hold TeleCable, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL TeleCable OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF TeleCable OR ITS VENDORS OR OTHERWISE.
WARRANTY AND LIABILITY LIMITATIONS. TeleCable MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TeleCable NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO TeleCable's OR END USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF TeleCable's OR ITS VENDORS' NEGLIGENCE. ANY CLAIM AGAINST TeleCable MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND TeleCable HAS NO LIABILITY THEREAFTER. TeleCable's LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. TeleCable MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN TeleCable. IN NO EVENT SHALL TeleCable's TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO TeleCable IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
EXPORT COMPLIANCE. End User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any Numbers, voice mail access numbers and/or web portals assigned to End User by TeleCable or its vendors.
SOFTWARE COPYRIGHT. Any software used by TeleCable to provide the Services and any software provided to End User in conjunction with providing the Services are protected by copyright law and international treaty provisions. End User may not copy the software or any portion of it.
SURVIVAL. The provisions of section 5, 16, 17, 18, 19 and 22 shall survive any termination of the Agreement.
NOTICES. TeleCable communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User ("Email Address"). End User is responsible for notifying TeleCable of any Email Address changes. End User agrees that sending a message to the Email Address is the agreed upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.
FORCE MAJEURE (EVENTS BEYOND OUR CONTROL). TeleCable shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, terrorism, late delivery by suppliers or other difficulties of TeleCable as may occur in spite of TeleCable's best efforts.
GOVERNING LAW / RESOLUTION OF DISPUTES.
1. Mandatory Arbitration. Any dispute or claim between End User and TeleCable arising out of or relating to the Service or Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Milwaukee, Wisconsin and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
2. Governing Law. The Agreement and the relationship between you and TeleCable shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 26.1, End User and TeleCable agree to submit to the personal and exclusive jurisdiction of the courts within the state of Wisconsin, to the extent possible in Milwaukee County, and waive any objection as to venue or inconvenient forum. The failure of TeleCable to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT. The terms and conditions of this Agreement constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of TeleCable and End User.
Terms & Conditions