The following Terms of Service, including any schedules hereto and any terms incorporated herein by reference (referred to as "TOS" or "Agreement") are between you, the customer, and Olive IP. The TOS constitute a legal document that details your rights and obligations as a purchaser of Olive IP service (f/k/a Olive IP Unlimited LTE and/or Olive IP VOIP service (individually and collectively referred to as "Services").
If you purchase Olive IP VOIP service, your TOS include the General Terms of Service set forth herein, and the attached Schedule 1. Your TOS also include the Acceptance Form for Terms of Service for Purchase and Use of Olive IP services provided to you when Services are installed. Your TOS will continue to apply to your Services when they are transferred from one location to another.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You must accept these TOS as a condition of receiving the Services. For purposes of these TOS, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to Olive IP.
Olive IP will comply with all applicable federal, state and local laws, to the extent that such laws apply to Olive IP and its obligations under the TOS. If there is any conflict between the TOS and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.
Legal Authority. You must be an adult over the applicable age of majority (e.g., eighteen (18) years of age to purchase the Services as an individual or to accept these TOS as an authorized representative for the person or entity who purchases the Services. By accepting these TOS, you confirm you are an Adult. If you are an entity, by accepting these TOS, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS; and you are also confirming that these TOS constitute a valid and binding obligation of yours. All use of the Services, whether or not authorized by you, shall be deemed for your use. You are responsible for ensuring that all use of the Services complies with these TOS.
By enrolling in, activating, using, or paying for the Services, you agree to the terms and conditions in these TOS, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Services and on the Olive IP website, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned terms and conditions, do not use the Services, and cancel the Services immediately by emailing firstname.lastname@example.org.
Cancellations. Cancellations are processed as a non-renewal, and no pro-rated refunds or credits will be issued for service term. Cancellations are processed upon return of the Company owned equipment which may include but is not limited to modems, routers, antennas, and SIM cards. Notice of cancellation must be made via self-service portal, or email email@example.com.
Service Interruption. Any service interruption of a data plan lasting more than 10 days will be considered an at-fault violation by Olive IP and absolve you from any and all early termination fees. Damaged and non-operational on-premise network equipment such as modems, antennas, routers, switches and access points, do not constitute an at-fault violation by Olive IP and do not qualify for any type of proration credit or refund.
Updates. These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time at: oliveipcom/termsofservice. If Olive IP makes a change to these TOS and that change has a material impact on the Services, you will be provided notice of that change, and such notice will be provided consistent with Notice provisions of this TOS. Your continued use of the Services following such notice constitutes your acceptance of those changes.
Special Arrangements. Some customers may receive the Services through a special arrangement with their property owner or manager. If you have such an arrangement, these TOS shall apply to the Services, except that Olive IP may not directly charge you for Services (including Equipment) provided to you as part of the special arrangement, and the Equipment return provisions may not apply to you even though Equipment remains Olive IP-owned. You will be responsible for fees and charges associated with additional Service orders. You may have an additional agreement or contract with your property owner or manager that covers any applicable special arrangement. Any such additional agreement or contract is outside these TOS and Olive IP is not responsible for nor bound by the terms of any agreement you may have with your property owner or manager. If the special arrangement with your property owner or manager terminates, you will continue receiving Service under standard billing terms and these TOS unless you notify Olive IP.
You acknowledge that Olive IP operates within the network confines of AT&T, Cricket, Sprint, T-Mobile and Verizon and complies with all policies and procedures required by those carriers. Those policies may be changed at any time without notice, and the impact of those policy changes is outside the control of Olive IP. You can find the applicable terms of service for each carrier below.
ACCEPTABLE USE AND PRIVACY POLICIES
Olive IP Services are provided for your enjoyment in a private residential dwelling/office unit. You agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
Olive IP reserves the right to monitor data usage of customers, and suspend or terminate at their discretion in an effort to stop the illegal use of our carrier's networks. Abuse of services includes but is not limited to:
Use of a repeater or signal booster to extend your network to multiple residences.
Compromising network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
Use of applications which automatically consume unreasonable amounts of available network capacity;
Use of applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
Misuse of the Service, including "spamming" or sending abusive, unsolicited, or other mass automated communications;
Accessing the accounts of others without authority;
Unusually high usage (specifically, more 300GB-500GB (updated periodically, dependent on underlying carrier) in a month) for any 2 billing cycles within any 6-month period;
Reselling the Service without written authorization, either alone or as part of any other good or service;
Tampering with, reprogramming, altering, or otherwise modifying your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
Causing harm or adversely affecting us, the network, our customers, employees, business, or any other person;
Conflicting with applicable law;
Attempting or assisting or facilitating anyone else in any of the above activities.
You will be responsible for payment of service charges for visits by Olive IP or it’s subcontractors to your premises when a service request results from causes not attributable to Olive IP or it’s subcontractors, including but not limited to when you are unwilling to complete troubleshooting steps requested by Olive IP. You will provide Olive IP and it’s subcontractors reasonable access to your premises in order to install, maintain and repair Service, and you authorize any other Adult resident or house guest at your residence to grant access to your premises. You authorize any such Adult to act on your behalf, including accepting this TOS and any related agreements required in connection with the completion of the installation and/or the activation of the Service and approving any changes to the Services. You acknowledge that Olive IP may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring and give Olive IP permission to use, alter, and remove equipment from such wiring. Without limiting any other provisions of this TOS you agree to indemnify Olive IP from and against all claims by an owner, landlord, building manager or other party in connection with installation, maintenance, repair or provision of the Services.
2. FEES AND CHARGES
Agreement to Pay.
You agree to pay all fees and charges for the Services associated with your Olive IP Account, including recurring and nonrecurring charges, taxes, fees, surcharges, and assessments applicable to the Services, associated equipment, installation and maintenance including all usage and other charges associated with your account. For a list of additional charges and fees that could apply to the Service, please see www.oliveip.com/fees (Fee Schedule). The Fee Schedule is incorporated into this TOS by this reference. Olive IP reserves the right to change fees and charges, increase or decrease fees and charges, or impose additional fees or charges without notice. In order to provide you with the Services, Olive IP may pay taxes, fees, and surcharges to municipalities and other governmental entities, which Olive IP may pass on to you.
Late Payment Charge and Dishonored Check or Other Instrument Fee.
You agree that for each bill not paid in full within 10 days of the payment due date a Late Payment Charge of no more than $30 per bill will be assessed (subject to applicable law and except as may otherwise have been expressly agreed in writing). Please see the Fee Schedule to determine the Late Payment Charge amount applicable to your particular Service(s). For any check or other instrument (including credit card charge backs) returned unpaid for any reason you will be charged a NSF/Returned Check Fee of no more than $30 (subject to applicable law and except as may otherwise have been expressly agreed in writing). Please see the Fee Schedule to determine the NSF/Returned Check Fee amount applicable to your particular Service(s).
Unpaid Past Due Charges and Consent to Contact.
In the event you fail to pay Olive IP or Olive IP is unable to bill charges to your credit card, Olive IP may assign unpaid late balances to a collection agency. You expressly authorize and specifically consent to allow Olive IP and/or its outside collection agencies, outside counsel or any other agents acting by or on behalf of Olive IP to contact you with informational messages regarding your account, including but not limited to contact in connection with any and all matters relating to unpaid past due charges billed by Olive IP to you. You agree that such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address or any other electronic address that you have provided, or may in the future provide, to Olive IP and to any and all telephone numbers billed on your account. You expressly consent and agree that such contact may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, text messages delivered by an automated system, pre-set e-mail messages delivered by an automatic emailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. You agree to provide true, accurate, current and complete contact information to Olive IP and its authorized agents and to promptly update your contact information to keep it true, accurate and complete.
Changes to Fees and Charges.
If you signed up for Services for a specified term you agree that if you cancel your plan before the end of the term you will pay any applicable Early Termination Fee of $15 per month remaining in your agreement. You agree that the start of your agreement begins with the activation date of your account and will continue through for the specified amount of months in the title of your product. At the conclusion of your term, Olive IP will automatically begin charging the applicable month-to-month fee. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. Olive IP may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges. A required increase in your monthly recurring service will constitute a breach of contract on the part of Olive IP, and you will not be charged early termination fees associated with terminating your agreement.
3. BILLING AND PAYMENTS
Credit Card Authorization. You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept in order to activate your Services. You hereby authorize Olive IP to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these TOS are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Olive IP and/or any other company who bills products or services, or acts as billing agent for Olive IP to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
You agree to provide Olive IP with updated credit card information upon Olive IP's request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. Without limiting the applicability of any other provisions of this TOS, you acknowledge and agree that neither Olive IP nor any Olive IP affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge and/or place holds on your credit card. If you mistakenly provide a debit card number instead of a credit card number you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan you authorize Olive IP to charge the account number provided for such automatic payment or electronic funds transfer plan. To cancel your authorization for automatic payment or electronic funds transfer you must email firstname.lastname@example.org or cancel on the online billing portal at https://subscriptions.zoho.com/portal/oliveipinternet/login. You should also contact your card issuer or financial institution to advise that you have cancelled your enrollment. Also, if you opt out of automatic payment or electronic funds transfer you may lose the benefits of any promotion(s) that requires such payments or transfers pursuant to the terms of the applicable promotion(s) and subject to applicable law.
Advance Payments, Deposits, Fees and Limits.
We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in these TOS are permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Upon determination solely by Olive IP of satisfactory payment history or as required by law, Olive IP may refund the deposit or advance payment through bill credits, cash payments or as otherwise determined solely by Olive IP. Based on your creditworthiness a non-refundable fee may be required to establish service and we may require you to enroll, and remain enrolled, in an automatic payment or electronic funds transfer plan. We may establish additional limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due.
Payment Cycle and Cancellation.
Regular Service Charges will be billed one month in advance. Billing is based on a 30-day cycle. Non-recurring and usage-based charges for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
Method of Billing/Payment.
Fees and charges for the Services will be billed to your Olive IP Account. You will receive an online bill for the Service, unless you specifically notify us that you want to receive a paper bill for the Services (at 254-777-5222). You must register online to establish a personal Olive IP Account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal Olive IP Account (username and password required). You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying Olive IP if your password is lost or stolen. Olive IP is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you forgot your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify Olive IP immediately if your contact information changes.
Bill Inquiries and Refunds.
If you believe you have been billed in error for the Services, please notify us within 60 days of the billing date by contacting Customer Service at email@example.com. Olive IP will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. Any amounts refunded in the form of bill credits, cash payments or any other form shall be inclusive of all applicable taxes, fees and surcharges that were originally paid on such amounts. Credit amounts, such as customer loyalty rewards, that do not represent a refund of or a discount to the price paid for any goods or services will not result in the refund of any tax, fee, or surcharge previously paid by the customer.
You authorize Olive IP to use outside payment processing agencies or other companies for purposes of paying any refund owed to you, and you further authorize Olive IP to sell, assign or otherwise transfer its refund rights and obligations under this Agreement to outside payment processing agencies or other companies. You agree that we or the outside payment processing agency or other company that is responsible for your refund may determine in our, or if applicable, their sole and absolute discretion the form of any refund that we issue to you under this Agreement, and such form may include a credit on your next statement, a check, or a prepaid debit card that may be subject to monthly service fees not to exceed $2.95 per month and that are deducted from the amount of the refund.
Promotions and Contingent Benefits.
You may receive or be eligible for certain discounts, features, promotions and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the Olive IP website, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements; provided, however, such Benefits may be modified or terminated at any time as set forth in these TOS or if you change your Services after installation. Unless otherwise set forth in Benefits materials standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.
Equipment provided by Olive IP may be new or fully inspected and tested. Any equipment or software that was not provided to you by Olive IP is not the responsibility of Olive IP, and Olive IP will not provide support or be responsible for ongoing maintenance of such equipment. Olive IP reserves the right to manage the Olive IP Equipment during the time you are an Olive IP customer and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with or block access to the Equipment data or settings. Olive IP will repair or replace damaged Equipment as Olive IP deems necessary. You understand that repair or replacement of the Equipment may delete stored content, reset personal settings or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with the TOS as determined by Olive IP, you will be responsible for the price of repair or replacement. Any tampering with the Equipment including, for example, opening and attempting to modify the Equipment or attempting to connect the Equipment to other hardware will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended residential use and not for any other purpose. You agree to use appropriate and reasonable care in using any and all Equipment.
Olive IP will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment.
Return of Equipment.
Upon termination of the Services for whatever reason, you must return the Company Owned Equipment, undamaged, within 7 calendar days to Olive IP. If the Equipment is not returned within 7 calendar days, or it is returned damaged, you will be charged for the value of the Equipment. We may retain any advance payment, deposit, or portion thereof that previously had not been refunded if you fail to return the Equipment within this time period. If the Equipment is returned within 10 calendar days of termination any fees charged for the Equipment will be refunded (other than fees for damages). Refunds for any Equipment returned are subject to the Fee Schedule found at www.oliveip.com/fees.
In addition to termination of service these return of equipment provisions apply if your existing equipment is replaced or upgraded for any reason.
You agree to indemnify and hold Olive IP and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation or legal proceeding, including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees (except as provided in paragraph 11(e) below), made by any party against Olive IP, its subsidiaries, affiliates, directors, officers, agents and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TOS, or your violation of any rights of another.
6. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
Service may be temporarily interrupted or otherwise limited for a variety of reasons; some beyond the control of Olive IP. Olive IP reserves the right to refuse credit allowances for interruptions of Service. Olive IP also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that Olive IP may establish general practices and limits concerning use of the Services.
IP Network Interruptions . You acknowledge and understand that the Services will not function in the event of an IP network interruption .
7. ACCOUNT SECURITY
Customer Duty. You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your Olive IP Account, password, user ID, or IP address. You agree to: (a)Immediately notify Olive IP if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your Olive IP Account, password, user ID, or any credit or charge card number provided to Olive IP by calling (254) 777-5222;(b) Ensure you exit from your account as applicable at the end of each session; and (c)Periodically change your password.
You authorize Olive IP to provide information about and to make changes to your Olive IP Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
Assumption of Risk. There is a risk that other users may attempt to access your Services, such as through the Internet or connected networks. You acknowledge this risk is inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
Theft of Olive IP Equipment or Service.
You agree to notify Olive IP immediately, in writing or by calling the Olive IP customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write you must provide your Olive IP Account number and a detailed description of the circumstances of the Equipment theft including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your Olive IP Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment. However, Olive IP may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to Olive IP of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by Olive IP, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
8. SUSPENSION AND TERMINATION
Reduction /Suspension/Termination by Olive IP. Your Services may be reduced, suspended or terminated if your payment is past due. Olive IP may also reduce, suspend or terminate your Services if it is determined that there is previously unpaid, undisputed and outstanding debt for service. Such reduction, suspension or termination may continue until satisfactory arrangements have been made for the payment of all past unpaid charges. When your Service is suspended for non payment, your Olive IP equipment will be unable to access the internet until a re-connection fee is paid. Re-connection may take up to 48 hours to complete.
Charge applicable to your particular Service(s).
While your Services are suspended you will not receive automatic credit balances (if any are due) and billing will continue for your monthly charges, and any applicable promotional offers may be discontinued and revoked as determined solely by Olive IP. If Olive IP reduces or suspends your Service for non-payment, you must pay all past due amounts in order to resume Service at any level. To resume Service you must also pay an account Re-connection Fee of no more than $50 (subject to applicable law and except as may otherwise have been expressly agreed in writing). Please see the Fee Schedule to determine the Re-connection Fee amount applicable to your particular Service(s). The Re-connection Fee will be assessed on the next monthly bill you receive following the resumption of Service. In addition, Olive IP may immediately terminate all or a portion of your Service or reduce or suspend Service, without notice, for conduct that Olive IP believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without applicable policies or guidelines (including the Acceptable Use Policy), and Olive IP may refer such use to law enforcement authorities without notice to you. Termination of suspension or reduction by Olive IP of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.
Contacts to Terminate Service.
You may terminate the Services at any time by emailing firstname.lastname@example.org or cancelling in the Olive IP user portal. You must pay service fees and other charges incurred through the termination date, including any early termination fees that apply. If you rent or lease your Equipment you may also be charged the value of any Equipment that is not returned in accordance with Section 6.
9. DISPUTE RESOLUTION WITH OLIVE IP BY BINDING ARBITRATION (PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.)
Most customer concerns can be resolved quickly. In the unlikely event that Olive IP's Customer Service Department is unable to resolve a complaint you may have to your satisfaction (or if Olive IP has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitration and class actions are not permitted.
Arbitration Agreement :
Olive IP and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Claims that may arise after the termination of this Agreement.
References to "Olive IP", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND OLIVE IP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Olive IP should be addressed to: Office for Dispute Resolution, Olive IP, 705 W. Margaret Dr. Robinson, TX 76706 ("Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). If Olive IP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Olive IP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Olive IP or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Olive IP is entitled.
3. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association (" AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at (800) 778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at alt.com/arbitration-information.) The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Olive IP and you agree otherwise, any arbitration hearings will take place in McLennan County, Texas. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Olive IP will pay all AAA filing , administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Olive IP for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition , if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
a. The arbitrator may award declaratory 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. YOU AND OLIVE IP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Olive IP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
b. Notwithstanding any provision in this Agreement to the contrary, we agree that if Olive IP makes any future change to this arbitration provision (other than a change to receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above.
The Services use and include certain software and/or firmware (the "Software"). Some Software resides on the Equipment.
Non-Olive IP Software, Services or Applications. Your use of the Services may also include access to and use of software, services and/or applications which interact with the Services and which are provided by non-Olive IP third parties, and, when applicable, those third-parties terms and conditions apply to your access to and use of such non-Olive IP software, services and /or applications. Olive IP is not liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any such software, services, and/or applications accessed through, or in conjunction with, the Service.
NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. Olive IP, or its applicable third-party licensors may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You understand and agree that Olive IP, or the applicable third-party licensor, have the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your Equipment and erase saved preferences and stored content.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OLIVE IP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILTIY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
OLIVE IP MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH OTHER SERVICES FROM OLIVE IP OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES .
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLIVE IP OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TO
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, UNLESS PROHIBITED BY LAW, OLIVE IP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE OR PROFITS, BUSINESS OR GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF OLIVE IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,) RESULTING FROM: (a) USE OF THE SERVICES (WHICH INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN OLIVE IP INSTALLER , TECHNICIAN, OR OTHER REPRESENTATIVE, (d) ANY INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF THE SERVICES AND/OR (e) BATTERY BACKUP.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OLIVE IP IN CONNECTION WITH THE SERVICE IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
Unless otherwise specified in these TOS, notices to you may be made via email, regular mail, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. It is your responsibility to check for such notices. Unless otherwise specified in these TOS or required by applicable law, notices by you to Olive IP must be given by emailing email@example.com and such notices are effective as of the date that our records show we received your email.
14. CREDIT REPORTING AUTHORIZATION
As permitted under applicable laws and without limitation to other rights provided in these TOS or other applicable policies, you authorize Olive IP to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations , and (b) periodically obtain and use your credit report and other credit information from any source in connection with Olive IP’s offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these TOS, Olive IP may report your failure to a credit reporting agency.
Olive IP may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of Olive IP.
These TOS do not provide any third party with a remedy, claim, or right of reimbursement.
These TOS, any policies, guidelines, or other documents referenced herein, the provisions set forth in any marketing and informational materials or promotional offers for the Services, and the terms and conditions posted on the Olive IP website constitute the entire agreement between Olive IP and you and supersede any prior agreements between you or Olive IP with respect to the subject matter of these TOS.
These TOS and the relationship between you and Olive IP will be governed by the laws of the State of Texas except to the extent such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the State of your billing address at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.
The failure of Olive IP to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision.
If any provision of these TOS is found by a court or agency of competent jurisdiction to be unenforceable, the parties nevertheless agree that the remaining provisions of these TOS shall remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that provision is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
To the fullest extent permitted by law, you and Olive IP 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 these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.
Olive IP Phone is a residential enhanced voice communication service that converts voice communications into Internet Protocol (IP) packets that are carried over Olive IP's IP network. It may be generically referred to as "voice over IP" or "VoIP." The Service includes direct-dialed calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, all of which Olive IP, in its sole discretion, may add, modify, or delete from time to time. The Service also includes a telephone number or numbers that will be included in printed directories and/or directory assistance databases, and options, available at additional costs, to have numbers withheld from printed directories and/or directory assistance databases. The Service is not available for business use.
When you accept these TOS, you become the main account holder for each telephone number assigned to the Olive IP Phone service and all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently. These TOS apply to all such telephone numbers and to the Service and the plans, features, and functionalities associated with the Service, for both the main account and all sub accounts. You will be asked to choose a unique name for the main account (your main account ID).
Billing And Payments
For Olive IP Phone service nonrecurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, international calling (including surcharges for international termination to a wireless phone number), Operator Services, Directory Assistance (411 or xxx.555.1212) , and call trace.
Ill. Service-Specific Equipment
Olive IP Phone service requires a regular touch tone landline telephone, which you must supply, and must be connected to the SIP adapter either directly or through your home's inside wiring. (Rotary and pulse phones will not work). The SIP adapter will support up to two Olive IP Phone lines (telephone numbers used for inbound and outbound calling).
You agree that neither you nor a third party will move Equipment used for Olive IP Phone service within your premises or to any other physical location outside of the premises where it was installed by Olive IP. Olive IP Phone service is not designed to be nomadic and will not function properly if the SIP adapter is moved or altered by a non-Olive IP employee. If you require the SIP adapter to be moved you must contact Olive IP. Failure to do so may result in a failure of the Service and/or in Olive IP's termination of your service.
Interruptions, Limitations, And Modifications To Service Since voice over IP is dependent on the IP network, the availability of an adequate power source and correct Equipment configuration, Olive IP does not guarantee that Olive IP Phone service will be continuous or error-free. You acknowledge and understand that Olive IP cannot guarantee that voice over IP communication is completely secure.
You also acknowledge that Olive IP may establish general practices and limits concerning use of the Olive IP Phone service, including without limiting other limitations set forth in these TOS or otherwise, Olive IP Phone service cannot be used to make operator-assisted collect or third-party billing calls (Note: an Olive IP Phone customer can make a Collect call through a third party Collect Call company that separately handles and bills for the Collect call), nor can Olive IP Phone service be used to make 900/976 calls; area code 500, 700, and 710 calls; 10-10-XXX dial-around calls; or international operator or directory assistance calls. Also, the ability to call certain N11 services (211, 311, 511) may not be available.
Power Outages and No Battery Backup. YOU ACKNOWLEDGE AND UNDERSTAND THAT OLIVE IP PHONE REQUIRES ELECTRICAL POWER TO FUNCTION. OLIVE IP DOES NOT PROVIDE BATTERY BACKUP FOR YOUR SERVICE. YOU MAY CHOOSE TO PURCHASE BATTERY BACKUP FOR YOUR SIP ADAPTER FROM THIRD PARTY MANUFACTURERS OR RETAILERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT IT WILL TAKE TIME TO CHARGE AN INITIAL BATTERY BACKUP AFTER OLIVE IP PHONE IS INSTALLED AND/OR AFTER A REPLACEMENT BATTERY IS INSTALLED. YOU ACKNOWLEDGE AND UNDERSTAND THAT TO CONSERVE BATTERY POWER DURING A POWER OUTAGE, YOU SHOULD NOT ATTEMPT TO USE THE BATTERY BACKUP FOR ANY PURPOSE OTHER THAN TO POWER YOUR OLIVE IP PHONE SERVICE (OR TO POWER YOUR INTERNET CONNECTION, FOR THE PURPOSE OF POWERING YOUR PREMISES ALARM, IF YOU HAVE AN IP-BASED PREMISES ALARM THAT USES OLIVE IP INTERNET). YOU ACKNOWLEDGE AND UNDERSTAND THAT THE BATTERY BACKUP DOES NOT PROVIDE POWER FOR CORDLESS PHONES AND THAT, IF YOU ARE USING A CORDLESS PHONE WITH YOUR OLIVE IP PHONE SERVICE, A SEPARATE BATTERY BACKUP OR OTHER POWER SOURCE MAY BE REQUIRED IF THERE IS A POWER OUTAGE. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHEN THE iNID, RG, IAD* AND ONT BATTERY BACKUP REQUIRES REPLACEMENT AND FOR REPLACING AND RECYCLING USED BATTERIES IN ACCORDANCE WITH MANUFACTURER OR VENDOR DIRECTIONS. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING BATTERY BACKUP OR OTHER SOURCES OF POWER FOR ANY CORDLESS PHONES YOU USE WITH YOUR PHONE SERVICE. FOR MORE INFORMATION AND MINIMUM SPECIFICATIONS
2. Olive IP Phone 911 Limitations
YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF 911 SERVICE OVER OLIVE IP PHONE SERVICE AND THE DISTINCTIONS BETWEEN 911 SERVICE OVER OLIVE IP PHONE SERVICE AND 911 SERVICE OVER TRADITIONAL WIRELINE TELEPHONE SERVICE. YOU AGREE TO ADVISE ALL INDIVIDUALS WHO MAY PLACE CALLS OVER OLIVE IP PHONE SERVICE OF THE 911 LIMITATIONS DESCRIBED BELOW.
OLIVE IP MAKES NO WARRANTY THAT OLIVE IP PHONE SERVICE FOR ACCESS TO 911 WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR BATTERY BACKUP POWER WILL BE SUFFICIENT TO MAINTAIN THE SERVICE THROUGHOUT ANY AND /OR ALL POWER OUTAGES.
911 SERVICE OVER OLIVE IP PHONE SERVICE IS ONLY AVAILABLE AT YOUR SERVICE ADDRESS, WHILE CONNECTED TO A PROPERLY POWERED SIP ADAPTER AND AFTER OLIVE IP PHONE HAS BEEN ACTIVATED.
911 SERVICE OVER OLIVE IP PHONE SERVICE WILL NOT FUNCTION IF YOURSIP ADAPTER IS NOT CONFIGURED CORRECTLY OR IF YOUR OLIVE IP PHONE SERVICE IS INTERRUPTED OR NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE (UNLESS YOU HAVE WORKING BATTERY BACKUP POWER), NETWORK OUTAGE, BROADBAND CONNECTION FAILURE, OR DISCONNECTION OF YOUR SERVICE BECAUSE OF BILLING ISSUES. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR SERVICES, INCLUDING USE FOR 911 CALLING. YOU ACKNOWLEDGE THAT OLIVE IP STRONGLY RECOMMENDS YOU MAINTAIN AT ALL TIMES AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES, SUCH AS VIA CELLULAR TELEPHONE SERVICE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT OLIVE IP WILL NOT BE LIABLE FOR ANY LOSSES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING YOUR OLIVE IP PHONE SERVICE OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE 911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS DOCUMENT AND/OR THE CHARACTERISTICS, LIMITATIONS, AND/OR FAILURE OF THE 911 NETWORK ITSELF.
WITHOUT LIMITING ANY PROVISIONS OF THE TOS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OLIVE IP ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE OLIVE IP PHONE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), LIABILITIES, DAMAGES, FINES, PENALTIES, DEMANDS, ACTIONS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE OLIVE IP PHONE SERVICE, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION CLAIMS RELATED TO 911 DIALING, ARISING FROM OR IN CONNECTION WITH ANY FAILURE OR OUTAGE OF OLIVE IP PHONE SERVICE OR ANY FAILURE OR OUTAGE OF THE 911 NETWORK ITSELF.
3. Home Alarm and Other Device Compatibility
OLIVE IP MAKES NO WARRANTY THAT (i) OLIVE IP PHONE SERVICE USED AS A COMMUNICATIONS PATHWAY FOR MONITORED BURGLAR ALARMS, MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR OR ALL MONITORED BURGLAR ALARM(S), MONITORED FIRE ALARM(S), OR MEDICAL MONITORING SYSTEM(S) OR DEVICE(S), OR (iii) ANY BATTERY BACKUP POWER EQUIPMENT YOU MAY PURCHASE WILL BE SUFFICIENT TO MAINTAIN YOUR OLIVE IP PHONE SERVICE THROUGHOUT ANY AND /OR ALL POWER OUTAGES. SEE MANUFACTURER INFORMATION FOR BATTERY LIFE DURING A POWER OUTAGE. YOU ARE RESPONSIBLE FOR PURCHASING AND MAINTAINING ANY DESIRED BATTERY BACKUP EQUIPMENT. OLIVE IP DOES NOT SUPPORT OR RECOMMEND THE USE OF OLIVE IP PHONE SERVICE AS THE COMMUNICATION PATHWAY FOR ANY ALARM SERVICE.
4. Local Number Portability
In the event you are transferring an existing phone number for your Olive IP Phone service (i.e., porting a number to Olive IP Phone service), you hereby authorize Olive IP to process your order for Olive IP Phone and to notify your existing provider of your decision to switch your local, local toll, and long distance services to Olive IP Phone service, and you represent that you are authorized to take this action . Not all telephone numbers are eligible for porting to Olive IP Phone service.
5. Prohibited Uses of Olive IP Phone Service
You agree that you will NOT use Olive IP Phone service:
As a business service or for a business purpose.
To engage in auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for uses that result in excessive usage inconsistent with normal residential usage patterns. In addition, connection of your Olive IP Phone service to a device which converts use of the Service to an outbound trunk line by more than one individual is prohibited. If Olive IP determines, in its sole discretion, that you are re-selling or transferring Olive IP Phone service or that you are using Olive IP Phone service for any of the aforementioned activities, Olive IP reserves the right, without advance notice, immediately to terminate or modify the Service, or to change your call plan to a different offer on a prospective basis, and in addition, to assess additional charges for each month in which excessive usage occurred. If you subscribe to a calling plan which includes unlimited calling of any type, unless otherwise specified by your specific plan in marketing materials associated herewith, consistent monthly use in excess of 5,000 aggregate minutes per month, taking into account all types of calling in your plan which are provided on an unlimited basis, shall be presumed to be inconsistent with these restrictions and shall be subject to the conditions above.
Without limiting other rights set forth in these TOS, Olive IP may either terminate your Olive IP Phone service or transfer your Olive IP Phone service to a different telephone number without penalty upon reasonable notice, if Olive IP stops providing Olive IP Phone service either generally or in your area, if at any time 911 service over Olive IP Phone service is not available, or for other reasons associated with the provisioning of 911 service to your premise.