Terms and Conditions
These Terms and Conditions constitute the agreement (the "Agreement") between vivolins,Inc. and the user ("you," “your,” "user," or "Customer") of the vivolines,Inc residential and small business Voice over Internet Protocol (“VoIP”) communications services and any related products or services ("Service"). For purposes of this Agreement, "you" means the Customer, defined as either (i) the person identified in vivolins,inc account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service.
BY ENROLLING IN, USING, OR PAYING FOR THE SERVICE, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICE, AND CANCEL THE SERVICE IMMEDIATELY BY CALLING VIVOLINES, INC ACCOUNT MANAGEMENT DEPARTMENT AT THE TOLL FREE NUMBER ON THE FIRST PAGE OF WEBSITE, INVOCIE OR EMAIL FOR FURTHER DIRECTIONS.
This Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understand, and you agree to, the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. VIVOLINES,INC may from time to time change the Terms and Conditions of this Agreement, and the rates and charges for the Service, by giving notice of the change. Notices will be considered given, and will become effective prospectively, three (3) days after the date that the change is posted on www.VIVOLINES.COM or three (3) days after such change is communicated to you by e-mail. Customers are advised to check www.VIVOLINES.COM on a regular basis for changes and to review their monthly invoices for notice of changes. In particular, there may be frequent changes in the rates to destinations not included within the unlimited calling plan. The Agreement posted on www.Lingo.com supersedes all previously agreed to electronic and written Terms and Conditions. By continuing to use the Service after a change has been made to this Agreement or the rates and charges, you accept and agree to all changes. IF YOU DO NOT ACCEPT OR AGREE TO ANY OF THE CHANGES, YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY. In the event that material changes are made in certain rates or charges VIVOLINES,INC will waive Disconnect and Rebate Recovery Fees that may otherwise apply to your account. See Section III (C) below for a description of the circumstances in which such Fees do not apply or will be waived.
For your most current rates and charges, the most current version of the Agreement, or if you have questions about your Service, please visit our website at www.VIVOLINES.COM (see Rates and Terms & Conditions links) or call VIVOLINES CUSTOMER CARE DEPARTMENT at the toll-free number listed on the first page of WEBSITE, EMAIL, INVOICE.
IN ORDER TO USE THE SERVICE, THE CUSTOMER MUST HAVE A HIGH-SPEED INTERNET SERVICE, BROADBAND OR DSL, WHICH IS NOT A PART OF THE SERVICE. You are responsible for subscribing and paying for your high-speed Internet access, broadband or DSL in order to use your Service. The quality of your Service is highly dependent on the data speed, quality and reliability of your high-speed Internet, broadband or DSL connection. It is your responsibility to report and resolve any quality and connectivity issues related to your high-speed Internet, broadband or DSL connection with your provider.
VIVOLINES EMERGENCY CALLING SERVICE & E911 SERVICE
Pursuant to rulings by the Federal Communications Commission (“FCC”), VIVOLINES,INC has arranged for E911 dialing services for all of its VIVOLINS,INC customers in areas in which the Public Safety Answering Point (“PSAP”) is equipped to handle E911 calls. VIVOLINS,INC has undertaken this ongoing, nationwide effort through its third-party E911 provider. As the roll out of the E911 initiative progresses, increasing numbers of VIVOLINES customers will have E911 service, where available. We encourage all customers to check their “My Account” section at www.VIVOLINES.COM to find out the progress of E911 capability for their registered location.
As set forth in Section III(V)(c) below, VIVOLINES,INC charges a monthly fee of $1.99 per account for E911 or Emergency Calling Service (ECS).
For those customers that signed up for the Service prior to FEB FIRST , 2015, VIVOLINES,INC will continue providing the Emergency Calling Service described below unless or until the E911 services are activated. For those customers that sign up for the Service after November 28, 2005, VIVOLINES,INC will confirm E911 capability prior to sign up. Regardless of when a Customer signs up for the Service, if the Service is used in a physical location different than the current location registered with VIVOLINES, INC (the “911 Service Address”), E911 service may or may not be available, and the 911 call will be routed to the wrong location. It is important that such Customers promptly update their location with VIVOLINES, INC in accordance with the instructions in Section II(D) below.
Non-Availability of Traditional 911 or E911 Dialing Service:
You acknowledge and understand that unless you have been specifically informed by VIVOLINES, INC that E911 service is available at your 911 Service Address (which can be confirmed in your “My Account” section at WWW.VIVOLINES.COM or by calling VIVOLINES, INC Customer Care Department), the Service will NOT support traditional 911 or E911 access to emergency services. In such cases, VIVOLINES, INC offers a limited Emergency Calling Service available only on VIVOLINES Devices as described herein, but you acknowledge and understand that such Emergency Calling Service dialing is different in a number of important ways from traditional 911 services, as described below. VIVOLINES, INC Emergency Calling Service dialing is available only on VIVOLINES, INC-certified Devices or Equipment. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service (i.e., your 911 Service Address) as to the non-availability of traditional 911 or E911 dialing from your Service and Device(s). If you activate VIVOLINES, INC Emergency Calling Service dialing, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you use the Service as to the important differences and limitations of VIVOLINES, INC Emergency Calling Service dialing as compared with traditional 911 or E911 dialing, as set forth in this Agreement.
Description of Emergency Calling Service-Type Dialing Capabilities - Activation Required
VIVOLINES,INC does offer an Emergency Calling Service that is different in a number of important ways from traditional 911 services or VIVOLINES,INC E911 services. For customers that do not have E911 capability, when you dial 911, your call is routed from the VIVOLINES, INC network to the PSAP or local emergency service personnel using the address that you provided to Lingo. You will need to state the nature of your emergency promptly and clearly, including your location and telephone number, as PSAP personnel will not have this information at hand. PSAP personnel can help you effectively and will take necessary steps to provide you with the appropriate assistance, such as dispatching police, an ambulance and/or a fire truck. You acknowledge and understand that when you dial 911 from your VIVOLINES,INC Equipment you will be routed to the general or administrative telephone number for the PSAP or local emergency service provider, and will not necessarily be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing. Additionally, some PSAPs may from time to time refuse to accept calls from VoIP providers such as VIVOLINES, INC. As described herein, this Emergency Calling Service dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing.
Power Outage and outage of 911 Services
You acknowledge and understand that Emergency Calling Service and E911 Service dialing do not function without power. Should there be an interruption in the power supply, the Service and Emergency Calling Service (or E911 service) dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure Equipment before using the Service, Emergency Calling Service, or E911 service dialing.
Broadband Service Outage
You acknowledge and understand that service outages by your broadband provider will prevent, and that network congestion may slow, ALL Service including Emergency Calling Service and/or E911 service dialing.
Other Service Outages
You acknowledge and understand that if there is a Service outage for ANY reason, such outage will prevent ALL Service, including Emergency Calling Service and/or E911 service dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
Limitation of Liability and Indemnification
You acknowledge and understand that VIVOLINES,INC liability is limited as set forth in Section VII(B)(1) below, for any Service outage and/or inability to dial Emergency Calling Service or E911 service from your line or to access emergency service personnel. You agree to defend, indemnify, and hold harmless VIVOLINES.INC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf of, Customer or any third party or user of Customer’s Service relating to the (i) absence, failure or outage of the Service, including Emergency Calling Service or E911 dialing; and/or (ii) inability of Customer or any third person or party or user of Customer’s Service to be able to dial 911 or to access emergency service personnel.
Failure to Designate the Correct Physical Address for E911 and/or Emergency Calling Service Dialing The address which the Customer provides to VIVOLINES, INC is the address that is applied to your Service for both E911 and Emergency Calling Service dialing (also known as your “911 Service Address”). Should you need to change this address, you must change this in the “My Account” section at www.VIVOLINES.COM or contact VIVOLINES,INC Customer Care immediately to correct this address. It may take up to three (3) business days to effectuate a change or update of your 911 Service Address. Failure to provide the current and correct physical address and location of your VIVOLINES,INC Equipment as your 911 Service Address may result in the loss of E911 capability and/or will result in any Emergency Calling Service communication you may make being routed to the wrong local emergency service provider.
Changing Your Primary Phone Number
You acknowledge and understand that if you change your primary VIVOLINES,INC phone number you will not be able to change your 911 Service Address for seventy-two (72) hours. During that time, any E911 or Emergency Calling Service calls that you may make will be routed using the 911 Service Address that was in VIVOLINES, INC records before you changed your phone number.
Change of Physical Location of VIVOLINES, INC Equipment
You acknowledge and understand that E911 and Emergency Calling Service dialing does not function properly or may not function at all if you take your Equipment with you away from the 911 Service Address or physical location that you have registered with VIVOLINES, INC.
Requires Re-Activation if You Move
You acknowledge and understand that E911 and Emergency Calling Service dialing will not function properly or at all if you move or change the physical location of your VIVOLINES,INC Equipment to a different street address, unless and until you have successfully changed your 911 Service Address in the “My Account” section at www.VIVOLINES.COM or contacted VIVOLINES,INC Customer Service to correct your 911 Service address.
Possibility of Network Congestion and/or Reduced Speed for Routing Emergency Calling Service You acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of an E911 or Emergency Calling Service communication made using your VIVOLINES,INC Equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that Emergency Calling Service dialing from your VIVOLINES,INC Equipment will be routed to the general or administrative telephone number for the local emergency service provider, and will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider’s facilities when such calls are routed using traditional 911 dialing. You acknowledge and understand that there may be a greater possibility that the general or administrative telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, or not answered at all, as compared to those 911 calls routed to the 911 dispatcher (s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
Automated Number Identification
For Customers without E911 service, it is not possible for the PSAP and the local emergency personnel to identify your phone number when you dial 911 to access Emergency Calling Service dialing. VIVOLINES,INC system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they may not yet be technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may not be able to identify your phone number to return your call if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
Automated Location Identification
For Customers without E911 service, it is not possible to transmit identification of the address that you have listed to the PSAP and local emergency personnel for your area when you use Emergency Calling Service dialing. You acknowledge and understand that you will need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel will not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
Alternative Emergency Calling Service Arrangements
You acknowledge that VIVOLINES, INC does not offer primary line or lifeline services. You should always have an alternative means of accessing traditional 911 or E911 services.
SERVICE, RATES, TERM AND FEES
VIVOLINES, INC rates and charges for the Service are published on www.VIVOLINES.COM You are responsible for payment of the rates and charges in effect and posted on www.VIVOLINES.COM when you enroll in a particular plan, or as later modified from time to time pursuant to Section I following three (3) days of VIVOLINS, INC posting changes on www.VIVOLINES.COM or three (3) days following VIVOLINES, INC
Communication of such changes to you by e-mail.
Service Agreement Term
Except for VIVOLINES, INC Business, for customers who subscribe to VIVOLINES, INC
There is no Service term applicable to such customers. We will provide our service to you indefinitely, until the account is cancelled by the Customer or by VIVOLINES, INC in accordance with the provisions of these Terms and Conditions (Section VI).
Upon service termination or cancellation by the Customer or by VIVOLINES, INC after the Activation Date, the Customer must return to VIVOLINES, INC any equipment provided by VIVOLINES, INC to the Customer. An equipment recovery fee not to exceed $75.00 OR MORE will be charged if the Equipment is not returned in accordance with the requirement listed in subparagraph V below.
For VIVOLINES, INC Business customers that choose a monthly, twelve (12) or twenty-four (24) month term of service.
We will provide our service to you indefinitely, until the account is cancelled by the Customer or by VIVOLINES, INC in accordance with the provisions of these Terms and Conditions (Section VI).
However, if Service is terminated or cancelled by the Customer or by VIVOLINES, INC prior to the end of the chosen a monthly twelve (12) or twenty-four (24) month term, the Customer will be billed an early termination fee of $275.00.or pay the half contract.
Upon service termination or cancellation by the Customer or by VIVOLINES, INC after the Activation Date, the Customer must return to VIVOLINES, INC any equipment provided by VIVOLINES, INC to the Customer. An equipment recovery fee not to exceed $75.00 OR MORE will be charged if the Equipment is not returned in accordance with the requirement listed in subparagraph V below.
For Customers who subscribe to the annual prepaid plan.
Annual prepaid plan subscriptions will automatically renew at the end of each annual term for an additional full year, and VIVOLINES, INC may charge the Customer’s credit card for the applicable amount, unless the Customer cancels the Service by calling VIVOLINES, INC Account Management Department at the toll-free number listed on the first page of your invoice at least ten (10) days before the end of the annual subscription term.
Upon service termination or cancellation by the Customer or by VIVOLINES, INC after the Activation Date, the Customer must return to VIVOLINES, INC any equipment provided by VIVOLINES, INC to the Customer. An equipment recovery fee not to exceed $75.00 will be charged if the Equipment is not returned in accordance with the requirement listed in subparagraph V below.
For all Customers: Termination or cancellation of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to this Agreement.
The Activation Date for all customers will be within seven days after the Customer signs up for the Service.
Except as otherwise set forth in this subparagraph C, Customers will not be subject to a Disconnect Fee if they cancel or terminate their account with VIVOLINES, INC at any time.
Customers who are currently subscribed under the Talk 365 plan will be refunded the unused portion of subscription charge and taxes. Refunds will be issued within sixty days of cancellation.
Business and residential Customers will not be charged any Disconnect Fee for changing telephone numbers, while keeping the same number of lines.
Disconnect Fee will be waived in the event that you decide to cancel the service within the period of your service agreement, if (a) there is a material increase in the monthly subscription fee and charges (other than taxes), (b) the length of your service agreement is extended, (c) the disconnect fee or the rebate recovery fee is increased (as described in subparagraph Y below), (d) the calling rate per minute to the top five calling destinations on your account (with respect to the number of minutes usage in the previous month) is materially increased, or (e) the removal of any of your top five calling destinations in your unlimited calling plan and VIVOLINES,INC change of that destination to metered treatment in which you are billed for each call made, provided that you cancel the service by calling VIVOLINES,INC ACCOUNT MANAGEMENT DEPARTMENT within thirty (30) days of the change and your account has no overdue payments at the time of cancellation.
A material increase in rates or charges is defined as follows:
More than fifteen percent (15%) of your monthly subscription charge.
More than a fifteen percent (15%) OR more than a two (2) cents per minute increase in the calling rate from your current rate, whichever is higher, to any of your top five calling destinations based on minute usage during the previous full month of billing. Removal of any of your top five calling destinations in your unlimited calling plan and VIVOLINES, INC change of that destination to metered treatment in which you are billed for each call made.
For all Customers, cancellations will only be accepted via phone through VIVOLINES, INC Account Management Department at the toll-free number listed on the first page of WEBSITE, EMAIL OR your invoice, and will be effective upon the date that you cancel with a VIVOLINES, INC Account Management Representative. The representative will give you a cancellation confirmation number. Service cancellation requests by mail, e-mail, fax, equipment return, or any other form of non-telephonic communication requests will not be accepted. VIVOLINES, INC Account Management Department is open from Monday to Friday between 9 a.m. and 7 p.m. EST, and Saturday and Sunday IS CLOSE. VIVOLINES, INC does not schedule cancellations for a future date. Monthly charges for Service cancellations that are made during a billing cycle will not be pro-rated.
Phone Number Transfer on Service Disconnection
If you wish to cancel your Service and port (i.e., transfer) your current VIVOLINES, INC phone number to another carrier or service provider, it is your responsibility to ensure that your current VIVOLINES, INC phone number has already been successfully ported to your new carrier or service provider prior to requesting cancellation of your account with VIVOLINES, INC. CANCELLATION OF YOUR VIVOLINES,INC ACCOUNT PRIOR TO THAT CONFIRMATION FROM YOUR NEW SERVICE PROVIDER THAT YOUR CURRENT VIVOLINES,INC TELEPHONE NUMBER HAS SUCCESSFULLY PORTED SHALL RESULT IN YOUR INABILITY TO USE YOUR CURRENT VIVOLINES,INC NUMBER IN THE FUTURE BECAUSE VIVOLINES,INC WILL NOT BE ABLE TO PORT THAT NUMBER AFTER YOU CANCEL YOUR VIVOLINES,INC SERVICE. EVEN IF YOU HAVE SWITCHED YOUR SERVICE TO ANOTHER SERVICE PROVIDER, WITH OR WITHOUT PORTING YOUR CURRENT VIVOLINES,INC PHONE NUMBER, YOU STILL MUST CANCEL THE SERVICE BY CALLING THE VIVOLINES,INC ACCOUNT MANAGEMENT DEPARTMENT. UNTIL YOU FORMALLY CANCEL THE SERVICE, YOU WILL CONTINUE TO BE BILLED (AND CHARGED ON YOUR CREDIT CARD) FOR THE SERVICE AND YOU WILL BE RE SPONSIBLE FOR PAYING THE BILLED CHARGES IN FULL, INCLUDING ANY DISCONNECT, EQUIPMENT RECOVERY AND REBATE RECOVERY FEES THAT MAY BE APPLICABLE.
Upon contact from your new provider that you desire to port your telephone number, VIVOLINES,INC will use reasonable efforts to release your VIVOLINES,INC telephone number to your new service provider, if such new service provider is able to accept such number. VIVOLINES, INC makes no guarantees on the ability to port your number.
Fees for Changing Calling Plan
If at any time during the term of Service, Customer changes from one calling plan to another, the Customer may be charged a onetime Plan Change Fee not to exceed $24.95 each time a Plan Change is made.
Residential Use of Service and Device
If you have subscribed to VIVOLINES, INC residential Service, the Service and Device are provided to you as a residential user (single family households), for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial, non-profit, governmental, multi-family, or other non-residential activities, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal, single-family residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from VIVOLINES, INC in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay VIVOLINES, INC higher rates for business Service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. VIVOLINES, INC reserves the right to immediately terminate or modify Service, or offer a transfer to another higher price Service plan (and charge you the Plan Change Fee described in Section III(E)), if VIVOLINES,INC determines, in its sole discretion, that a residential Customer is using the Service and devices for an unauthorized and/or impermissible purpose, including non-residential, multi-family, commercial, non-profit, or governmental usage. In making this determination, VIVOLINES, INC may consider a number of factors, including but not limited to unusual calling patterns including the number of destinations called per month, usage volume patterns, the volume of calls to high price premium/special services/personal prefix numbers, whether there is continuous calling or dialing activity, and whether calls include continuous dialog activity, whether there is usage from outside the Service address, etc. Without limiting the forgoing, usage of residential Service is also subject to VIVOLINES,INC acceptable and fair usage policy. Under this policy, Service usage is expressly limited to 2,500 calling minutes per month, calculated on an aggregated basis and inclusive of all minutes. VIVOLINES, INC may contact you if your Service usage approaches this acceptable and fair usage policy Service usage limit. VIVOLINES,INC reserves the right to immediately terminate or modify Service, or offer a transfer to another higher price Service plan (and charge you the Plan Change Fee described in Section III(E)), if VIVOLINES,INC determines, in its sole discretion, that usage is inconsistent with its acceptable and fair usage policy.
Business Use of Service and Device
If you have subscribed to any of VIVOLINES, INC business plans, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the Service or Device to any other person for any purpose. You agree that the VIVOLINES, INC business plan to which you have subscribed does not confer the right to use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing of any kind, inbound/outbound centralized or distributed call center activity, fax broadcasting or fax blasting, or voicemail broadcasting or blasting. VIVOLINES, INC reserves the right to immediately terminate, modify or offer a transfer to another higher price Service plan (and charge you the Plan Change Fee described in Section III (E)), if VIVOLINES, INC determines, in its sole discretion, that Customer’s Service is being used in violation of this Section III(G).
Notice of Rate/Price Changes
As set forth in Section I, VIVOLINES, INC may change the rates, prices and charges for the Service at any time and such changes will be effective, prospectively, within three (3) days of posting on WWW.VIVOLINES.COM or within three (3) days of communication to you by e-mail. Unless the Customer cancels the Service in accordance with Section VI below, such changes will automatically be incorporated by reference into this Agreement. From time to time, VIVOLINES, INC may offer new rate plans and such rate plans may be available to customers upon request by contacting the VIVOLINES, INC Customer Care Department. Customers’ requests to be included in a new rate plan will be effective with the following billing cycle, and calls made prior to the new effective date will be charged at the previous plan rates.
For billing purposes, the length of each metered call is rounded up to the next full minute. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent.
Calls to International Mobile Telephones; International Special Services Calls
VIVOLINES ,INC advertised rates for international calls are generally the rates charged for calls to landline telephones. Most calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the calling plan rate tables and are typically designated by a "MOB," "cellular,” "mobile," or "M" notation
Timing of Calls
Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom VIVOLINES, INC must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party’s line rings or after a certain number of rings, and will charge VIVOLINES, INC for a completed call. In these situations, VIVOLINES, INC will charge for the call as if the called party answered it.
Use of Service and Device by Customers Outside the United States
VIVOLINS, INC does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you. VIVOLINES, INC reserves the right to cancel or suspend the Service if it is determined that the Service is being used outside the United States.
Loss of Service Due to Power Failure or Loss of Internet Access, Broadband or DSL Service
The Service does not function without power or Internet access, broadband or DSL service. Should there be an interruption in the power supply, or the loss of Internet access, broadband or DSL service, the Service will not function until power and your Internet access, broadband or DSL service are restored. A power failure or disruption may require you to reset or reconfigure Equipment before using the Service. Power disruptions or failures and the loss of Internet access, broadband or DSL service will also prevent dialing to emergency service numbers including the Emergency Calling Service calling feature.
Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service (or provided to Customer in conjunction with providing the Service), or embedded in the Device, and all Service, information, documents and materials on VIVOLINES, INC website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of VIVOLINES, INC are and shall remain the exclusive property of VIVOLINES,INC and nothing in this Agreement shall grant you the right to license or to use such marks. You acknowledge and agree that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface Device not provided by VIVOLINES, INC, which VIVOLINES, INC reserves the right to prohibit in particular cases or generally, or are required to use third party software to enable the use of VIVOLINES, INC accessories, like softphone, you promise that you have acquired, and all times during your use, possess all of the required rights, including software and/or firmware licenses, to use that interface Device of third party software with the Service, and you will indemnify and hold harmless Lingo against any and all liability arising out of your use of such interface Device of software with the Service or any of its accessories.
Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from VIVOLINES, INC. VIVOLINES, INC reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus any applicable Disconnect Fee, all of which immediately become due and payable.
In cases where the Customer claims that the Device is defective, then a Device will be replaced at no charge to the Customer subject to trouble shooting with VIVOLINES,INC Technical Support. In addition, if the defective device is not returned within fourteen (14) days from the Customer receiving a new device the Customer may be charged a replacement fee not to exceed $75.00.
Theft of Service
You agree to notify VIVOLINES, INC immediately, in writing, by electronic mail or by calling VIVOLINES, INC Customer Care, if the Device is stolen or if you become aware at any time that your Service is being stolen or used fraudulently. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so promptly after discovery of the improper use may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service if your Device is stolen from you and any and all stolen Service or fraudulent use of the Service. Notwithstanding anything herein to the contrary, credits will not be issued for charges resulting from fraud that arises out of third parties hacking into your Equipment, other equipment used by you, or the Internet. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate procedures. Lingo will not issue credit for invoiced charges for fraudulent use resulting from your negligent or willful acts or those of an authorized user of your Service.
You acknowledge and understand that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by VIVOLINES, INC. The Service is subject to different regulatory treatment than phone service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
Collect Call and Operator Services
VIVOLINES, INC does not offer collect call or operator services via the Service.
International DIDs or Phone Numbers
VIVOLINES, INC charges an additional monthly fee for international (non-United States) direct inward dial phone numbers (“DID”) for those customers who wish to order that feature. Monthly fees for international DID number vary and are available from VIVOLINES, INC Customer Service Department. Customers that have international DIDs are provided with these numbers based on current United States and overseas regulations. These regulations are subject to change without notice and VIVOLINES, INC may be required to discontinue this Service, without notice. VIVOLINES, INC reserves the right to discontinue International DID services for any reason at any time and is only obligated to refund the pro-rated monthly fee.
Foreign Carrier Restrictions. Foreign carriers or regulatory agencies may impose, upon the portion of the end-to-end international service or facilities they provide, certain limitations or restrictions that may limit your ability use the Service. You must conform to any limitations or restrictions imposed by the foreign carriers or agencies.
Foreign Carrier Acts or Omissions.
When other U.S. or foreign carriers, and foreign telecommunications administrations, use facilities to establish connections to points not reached by VIVOLINES, INC network, VIVOLINES, INC is not liable for acts or omissions of other carriers or foreign telecommunications administrations.
International calls are priced on the basis of the country and city codes dialed by you. When the facilities of other U.S. or foreign carriers, or foreign telecommunications administrations, are used in establishing connections to points not reached by VIVOLINES, INC network, VIVOLINES, INC is not liable for refunds or damages if those calls do not terminate in the country, city or area codes associated with the called number.
Surcharges and Fees
In addition to surcharges and fees that may be found in the applicable Calling Plan described on WWW.VIVOLINES.COM , VIVOLINES,INC may impose additional rates and charges. These include:
Federal Universal Service Fee: VIVOLINES, INC imposes a surcharge to recover the Federal Universal Service Fee that it is required to pay to a federal program that ensures that basic phone service is available in all areas of the country at affordable rates. Additionally, the Universal Service Fee/Fund (USF) provides for discounted telecommunications services for schools, libraries and rural health-care facilities. All telecommunications providers are required to pay into the Federal USF, and their contributions may be recovered from customers. The USF contribution percentage is reviewed and adjusted quarterly by the FCC.
Emergency Services Fee: VIVOLINES, INC charges an Emergency Services fee for providing nationwide emergency 911 service in compliance with Federal and State regulations. The Emergency Service Fee is $1.99 per account per month and is separate from any state or locally mandated Emergency 911 charge.
Equipment Recovery Fee: Customers whose service is cancelled or terminated must return all VIVOLINES, INC -provided Equipment within fourteen (14) days of termination or cancellation. All components must be included and equipment must be in good condition, as determined by VIVOLINES, INC. Customer is responsible for paying for the return shipping and handling of Equipment. VIVOLINES, INC will provide a return label for shipping of the equipment to the Customer and will apply the return shipping and handling fee, not to exceed $19.95, to the Customer’s bill. An Equipment Recovery Fee not to exceed $75.00 will be charged if the Equipment is not returned in accordance with the foregoing requirements.
Reactivation Fee: This fee recovers VIVOLINES, INC cost to reinstate an account that has been suspended or cancelled for non-payment. The fee shall not exceed $25.00 per account reactivated.
Tax-like charges, and tax-related surcharges are referred to collectively as "Tax (es)." VIVOLINES, INC may elect to impose and collect such Taxes, unless otherwise constrained by court order or direction.
You agree to pay all Taxes imposed. If VIVOLINES, INC has collected Taxes and a challenged Tax is found to have been invalid and unenforceable, in its sole discretion, will either reduce Service rates for a fixed period of time in the future in order to flow-through to customers an amount equivalent to the amount of tax refunds collected by VIVOLINES, INC, or VIVOLINES, INC will credit or refund such amounts to affected customers (less its reasonable administrative costs), if the amounts collected were retained by VIVOLINES, INC or if they were delivered to the jurisdiction and returned to VIVOLINES.INC , or it will negotiate an arrangement with the jurisdiction to provide a future benefit for customers in that jurisdiction.
If you provide VIVOLINES, INC with a duly authorized tax exemption certificate, VIVOLINES, INC will exempt you in accordance with law; effective on the date VIVOLINES, INC receives the certificate.
Misdialing and Incompatibility with Other Services
Non-Usage or Misdialing
Neither credit nor refund for Service will be issued for non-usage of the Service or misdialing while using the Service.
With Other Equipment and Services
You acknowledge that the Service is not compatible with all non-voice communications equipment, including but not limited to home security systems, TTY, TIVo®, satellite television systems, PBX, other private telephone networks, or modems. You waive any claim against VIVOLINES, INC for interference with or disruption of these services and equipment, as well as any claim that VIVOLINES, INC is responsible for any disruption to your business, if applicable.
Incompatibility with Certain Broadband, Modem, and Other Services You acknowledge that our Service presently is not compatible with AOL® cable broadband service and TIVo®. There may also be other services with which our Service may be incompatible such as modems provided by broadband providers. We do not warrant that our services will be compatible with all broadband services and modems and disclaim any express or implied warranties regarding the compatibility of our Service with any particular broadband service or modems.
The phone numbers you get from VIVOLINES, INC will not be listed in any telephone directories. However, any phone number(s) you transfer from your local phone company may be or remain listed. VIVOLINES, INC has no control over directory listings.
RESTRICTIONS ON THE USE OF SERVICE
VIVOLINES, INC offers the Service subject to availability of facilities, limitations of service offerings, and the provisions of this Agreement.
Service provided by VIVOLINES, INC under this Agreement will not be used by Customer: (1) for any unlawful purpose; (2) for making telephone calls that use automatic dialing devices and terminate into electronic information services, pay-per-call services, or other domestic or international audio text services; (3) for international call-back offerings using uncompleted call signaling to any country, when that country has prohibited such an offering by statute or regulatory decision; or (4) for unauthorized purposes under Section III(F) or Section III(G) above.
VIVOLINES, INC may (1) deny, for any lawful reason, your request for Service, or (2) limit or allocate the facilities available to or used by any Service, if necessary, to manage its network in an efficient manner, meet reasonable Service expectations, furnish Service to existing and future customers based on forecasted customer requirements, or for any other lawful reason.
VIVOLINES, INC may, without notice (consistent with governing laws or regulations), block traffic to or from specific countries, country codes, cities, city codes, local telephone exchanges ("NXX exchanges"), individual telephone stations, groups or ranges of individual telephone stations, or calls using certain customer authorization codes, whenever VIVOLINES, INC deems it necessary to take such action to prevent (1) the unlawful use of Service; (2) nonpayment for Service; (3) the use of Service in violation of this Agreement; or (4) network blockage or the degradation of Service furnished to you or other customers.
You must provide VIVOLINES, INC with a valid credit card number when the Service is activated. If the credit card expires, you close your credit card account, your billing address changes, or the credit card is cancelled and replaced because of loss or theft, and you must advise VIVOLINES, INC immediately. VIVOLINES, INC will invoice all charges on a monthly basis, in advance, to your credit card, including but not limited to: activation fees and monthly Service fees, advanced feature charges, Equipment purchases, and shipping and handling charges. If you subscribe to a prepaid annual plan, we will bill and charge you in advance for the service plan fee due for the entire year, plus any associated taxes, 911 fees and surcharges in arrears on a monthly basis. Any charges not included in your rate plan and any additional usage charges are billed after each billing period. If VIVOLINES, INC changes its rates, recurring monthly charges affected by such change will be assessed prospectively at the new rate for the remainder of th e full billing period during which the new recurring charge rate became effective.
VIVOLINES, INC may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with VIVOLINES, INC is declined or reversed, your credit card expires and you have not provided VIVOLINES, INC with a valid replacement credit card, or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges, or non-payment leaves you fully liable to VIVOLINES, INC for all charges accrued before termination, Disconnect Fees, Rebate Recovery Fees and Equipment Recovery Fees (where applicable), and all costs incurred by VIVOLINES, INC in collecting such amounts including but not limited to collection costs and attorneys’ fees.
You are responsible for payment of all charges for the Service furnished to you and anyone authorized by you to use your Service. This responsibility is not changed by virtue of any use, misuse, or abuse of your Service undertaken or caused by third parties.
You must promptly notify VIVOLINES, INC of any change in your invoicing address or, if applicable, in the credit card or bank account used for payment. You should notify the VIVOLINES, INC Customer Care Department at the toll-free number listed on the first page of your invoice or by e-mailing VIVOLINES, INC at the following address: BILLING@VIVOLINES.COM
VIVOLINES, INC will invoice Customer for Service on a monthly basis in advance and all payments are due and payable by Customer without demand or setoff within thirty (30) days from the invoice date (the "Due Date"). Amounts not paid within thirty (30) days of the invoice date will be considered past due. If you make any late payments, and we bill you for the Service, we will charge you a late fee of one and one half percent (1.5%) per month, which we apply to that period’s charges and any outstanding charges and late payment charges that remain unpaid at the time of the next bill. If the state law where you receive the Service requires a lower rate, we will apply that rate.
If VIVOLINES, INC becomes concerned at any time about your ability to pay for the Service, VIVOLINES, INC may require that you pay its charges within a specified number of days and that you make such payments in cash or the equivalent of cash.
If VIVOLINES, INC hires a collection agency to collect, or attempt to collect, any charges owed VIVOLINES, INC, you will be liable to VIVOLINES, INC for all costs that VIVOLINES, INC incurs, including without limitation collection agency fees, reasonable attorneys’ fees, and court or arbitration costs. If VIVOLINES, INC incurs any fees or expenses, including reasonable attorneys’ fees, in collecting, or attempting to collect, any charges owed VIVOLINES, INC other than by hiring a collection agency, you will be liable to VIVOLINES, INC for the payment of all such fees and expenses reasonably incurred. If billing systems or other support is not available for a Service, feature, surcharge, tax or other charge element at the time of Service provision, VIVOLINES, INC will bill for that Service, feature, surcharge, or other charge element as soon as it is capable of doing so.
No Credit Allowances for Interruption of Service. You acknowledge and agree that the Service is provided "as is." Credit allowances for interruption of Service, including international calling services, will not be provided.
If you dispute any charges, you must notify us in writing at BILLING@VIVOLINES.COM or at the address below within thirty (30) days of receiving your credit or debit card statement. If you do not notify us in writing in a timely manner, you agree to waive any right to contest such charges.
WOODLAND HILLS, CA, 91365
CANCELLATION OF SERVICE BY THE CUSTOMER
If you cancel your Service, and you initially subscribed to VIVOLINES, INC before September 24, 2014, you will be charged a Disconnect Fee and Rebate Recovery Fee except as indicated in Sections III(C) and III (V) above. Customers who initially subscribe on or after September 24, 2014, may be subject to an Equipment Recovery Fee if they fail to return Equipment, as described in Sections III (B)(1) and III (V) above.
If you cancel your Service with VIVOLINES, INC, you will not be able to use the Device or Equipment.
All cancellations will be effective on the date that you call VIVOLINES, INC Account Management Department and cancel the service with an Account Management Representative who will also issue a cancellation confirmation number. VIVOLINES, INC does not have the ability to schedule a cancellation for a future date. It may take up to three (3) business days to actually terminate the provision of the Service to you.
Your credit card will be charged for any usage after you contact VIVOLINES, INC to cancel your Service.
All cancellations must be made by calling VIVOLINES, INC Account Management Department at the toll-free number listed on the first page of your invoice. VIVOLINES, INC Account Management Department is open from Monday to Friday between 9 a.m. and 9 p.m. EST, and Saturday and Sunday between 9 a.m. and 5 p.m. EST. Cancellation requests by mail, e-mail, fax, equipment return, or any other form of non-telephonic communication requests will not be accepted.
By VIVOLINES, INC
A). VIVOLINES, INC reserves the right to discontinue furnishing the Service, cancel your account, and/or block your access to the VIVOLINES, INC network, without incurring any liability, immediately and without notice if VIVOLINES, INC deems that such action is necessary to prevent or to protect against fraud or to otherwise protect VIVOLINES, INC personnel, agents, facilities, or services. Without limitation, VIVOLINES, INC may take such actions if:
0). You refuse to furnish information, or furnish false information, that (i) is essential for billing; or (ii) pertains to your creditworthiness, your past or current use of common carrier communications service, or your planned use of such service;
1). You indicate that you will not comply with a request for security for the payment for the Services;
2). Your Service usage charges indicate a likelihood of non-payment or possible fraud;
3). You have been given written notice by VIVOLINES, INC of any past due amount (which remains unpaid, in whole or in part for thirty (30) days or more) for any of VIVOLINES, INC or an affiliated carrier’s service to which you either subscribe or had subscribed or used;
4). You either refuse to pay when billed for Service or indicate to VIVOLINES, INC, its affiliate, Primus Telecommunications, Inc., or an entity billing on VIVOLINES, INC behalf that you do not intend to pay for Service used by you;
5). You use, or attempt to use, Service with the intent to avoid the payment, either in whole or in part, of the charges for the Service by (i) using or attempting to use Service by rearranging, tampering with, or making connections to the Service in an unauthorized manner; or (ii) using tricks, schemes, false or invalid numbers, false credit devices, or other fraudulent means or devices;
6). You act, or fail to act, in a manner that hinders or frustrates any investigation by VIVOLINES, INC or others having legal authority to investigate your legal obligations;
7). Your telephone equipment fails to pass back to VIVOLINES, INC the appropriate signal to start and stop billing for a call;
8). You were previously provided with notice of breach of these terms and conditions or other contract with VIVOLINES, INC, took corrective action, but thereafter engaged in the same breach activity;
9). You act in a manner that is threatening, obscene, harassing, or abusive to VIVOLINES, INC personnel; or
10). You act in violation, or your usage is deemed in violation, of Sections III(H) or III(I) above.
A). VIVOLINES, INC reserves the right to discontinue furnishing the Service, cancel your account, and/or block your access to the VIVOLINES, INC network, without incurring any liability, immediately upon written notice to you if:
1). Any invoice charges remain outstanding and owed by you after the thirtieth (30th) day from the date of the invoice notifying you of the charges; or
2). You violate any of your duties or obligations under this Agreement.
A). The discontinuance of Service by VIVOLINES, INC pursuant to these provisions does not relieve you of any obligation to pay VIVOLINES, INC for charges due and owing for Service(s) furnished up to the time of discontinuance. Customers will be subject to an Equipment Recovery Fee if their service is cancelled or terminated and they fail to return Equipment, as described in Section III(B)(1) and III(V) above.
VIVOLINES, INC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, power outages, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; (ii) delayed installation of VIVOLINES, INC facilities or commencement of Service; (iii) any damages associated with Devices not provided by VIVOLINES, INC and/or any third-party software (including but not limited to the download thereof) recommended or required for use with any of the VIVOLINES, INC accessories.
With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a Service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any Service or facilities offered by VIVOLINES, INC, VIVOLINES, INC liability, if any, will be limited as follows:
0). With respect to the attempts to route calls to Public Safety Answering Points or municipal emergency service providers, as described in Section II, VIVOLINES, INC liability, if any, will be limited to the lesser of: (a) the actual monetary damages incurred and proved by you as the direct result of VIVOLINES, INC action, or failure to act, in routing the call, or (b) the sum of $1,000.00.
1). With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by Lingo, for example, Directory Assistance, VIVOLINES, INC liability will be limited to the lesser of: (a) the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (b) $100.00.
2). If you request that your current telephone number be ported to VIVOLINES, INC, it may take fifteen (15) business days or longer to fulfill the request even though many numbers can be ported within a ten (10) day period. In any event, VIVOLINES, INC shall not be liable for any delays or incompletion or costs or charges pursuant to a delay or incompletion in local number portability (LNP). VIVOLINES, INC makes no guarantees on the ability to port your number. Check the number porting tool on WWW.VIVOLINES.COM
3). For any failure or interruption of Service, VIVOLINES, INC liability will be limited to the provision of a credit for the monthly recurring charges applicable to the period during which Service was not available.
IN NO EVENT WILL VIVOLINES, INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT VIVOLINES, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
VIVOLINES, INC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service will be indemnified, defended, and held harmless by you against all claims of loss or damage arising from the use of Service furnished by VIVOLINES, INC, including:
0). Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via the Service;
1). All other allegations and claims arising out of any intentional act or omission by you or others authorized by you to use the Service, in connection with any Service provided by VIVOLINES, INC; and
2). Allegations or claims that you have not acquired or possess the requisite rights to any Devices not provided by VIVOLINES, INC and/or third party software for use in conjunction with VIVOLINES, INC accessories as described in Section III(N).
VIVOLINES, INC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT. VIVOLINES, INC DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON VIVOLINES, INC BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY VIVOLINES, INC.
VIVOLINES, INC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service will not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in VIVOLINES, INC offerings made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or Equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, Equipment, facilities or services that are interconnected with the Service.
You agree that the Service is provided on an “as is” basis.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF CERTAIN DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. BY THIS AGREEMENT, BOTH YOU AND VIVOLINES, INC WAIVE THE RIGHT TO A TRIAL BY JURY.
In the event of any dispute, claim, question, or disagreement arising from or relating to the Service, the Device, or this Agreement or the breach thereof, the parties hereto shall use their best efforts to resolve the dispute, claim, question, or disagreement. Before you take a dispute to arbitration or to small claims court, you must first contact our Customer Care Department at the toll-free number listed on your VIVOLINES, INC invoice for the Service, or write to us at the following address, and give us an opportunity to resolve the dispute:
WOODLAND HILLS, CA, 91365
You must describe your dispute and provide VIVOLINES, INC with any supporting documentation. Likewise, if VIVOLINES, INC has a dispute with you, it will notify you by letter sent to your billing address, or by e-mail to your designated e-mail address, and attempt to resolve it before pursuing a small claims court complaint or arbitration. If you and VIVOLINES, INC do not reach a resolution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally resolved either by the Small Claims process described in subparagraph B below, if applicable, or by final, binding arbitration administered by the American Arbitration Association (“AAA”) as described in subparagraph C below. Nothing in this subsection shall limit VIVOLINES, INC right to suspend or terminate service immediately in the event of any material breach of this Agreement by Customer, including nonpayment of charges when due.
Both you and VIVOLINES, INC have the right to assert any claim or claims against the other party cumulatively totaling under $8,000 in small claims court (or an equivalent court hearing only small claims) if the dispute qualifies for consideration by such a court. In no case shall a jury hear such claim. The claiming party (you or VIVOLINES, INC) also has the right to pursue such small claim(s) in binding arbitration as described below. The claiming party can choose whether to proceed initially in arbitration or in small claims court; but if for any reason a small claims court lacks jurisdiction, the claim(s) shall be resolved in arbitration in accordance with subparagraph
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT IN SMALL CLAIMS COURT, OR IN AN ARBITRATION, WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS, EXCEPT WITH THE AGREEMENT OF ALL PARTIES. IN NO CIRCUMSTANCE WILL ANY PARTY BE REQUIRED TO ARBITRATE CLAIMS ASSERTED ON A CLASS-WIDE BASIS OR WHERE DIFFERENT PARTIES’ CLAIMS ARE JOINED. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND VIVOLINES, INC BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
Despite Section I or any other provision of this Agreement, if VIVOLINES, INC makes a change to Section VIII relating to the arbitration of disputes, you may reject any such change and require VIVOLINES, INC to adhere to the language of this Section VIII when you initially entered into this Agreement.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES, UNLESS A SHORTER PERIOD IS PROVIDED ELSEWHERE IN THIS AGREEMENT
Fees and Expenses of Arbitration
If you file a request for arbitration, you will have to pay a filing fee and other fees in accordance with the AAA (or JAMS) fee schedule, except that VIVOLINES, INC will advance or pay such fees if that is required by the AAA (or JAMS) or to make the arbitration agreement lawful under the controlling state law. Under AAA rules, costs such as the arbitrator’s fees and expenses and an administrative fee may be allocated between the parties. Each party shall bear all of their own other costs and expenses incurred in participating in the arbitration, including without limitation travel and telephone costs.
In addition to the procedures described in this Section for resolving a dispute, you may also have the right to file a complaint with an appropriate federal or state regulatory agency.
These Terms and Conditions constitute the entire agreement between you and VIVOLINES, INC, and supersede any and all prior agreements, oral or written, concerning the subject matter. If there is any inconsistency or conflict between the terms of any calling plan, promotion, and/or authorized written communications you have received and the provisions of this Agreement, the provisions of this Agreement will control.
No Obligation to Assist in Switching to a Different Provider.
If you either voluntarily cancel your VIVOLINES, INC account or if VIVOLINES, INC cancels your Service for any reason set forth above, VIVOLINES, INC will have no obligation whatsoever to assist you in any respect in switching from VIVOLINES, INC to another service provider.
Customer may not modify or assign this Agreement. In its sole discretion, VIVOLINES, INC may assign this Agreement.
No Waiver of Rights by VIVOLINES, INC.
If VIVOLINES, INC fails to enforce any right or remedy under this Agreement, that does not waive VIVOLINES, INC right to do so or waive any right or remedy that VIVOLINES, INC has for any other breach or failure.
This Agreement is binding upon you and VIVOLINES, INC and upon, respectively, your and VIVOLINES, INC respective agents, heirs, and successors.
If any part or provision of this Agreement (including the dispute resolution provisions in Section VIII) is finally determined to be invalid or unenforceable under applicable law by an arbitrator or a court of competent jurisdiction, then that part or provision will be ineffective only to the extent of such invalidity or unenforceability, without in any way affecting the remaining parts or provisions of this Agreement.
This Agreement is governed by and construed under the laws of the Commonwealth of Virginia and applicable federal law, without regard to Virginia’s choice of law principles, except that the Federal Arbitration Act shall govern the arbitration provisions in Section VIII. This governing law provision applies no matter where you reside, or where you use or pay for the Services.
Any liability or obligation of a party to the other party under the provisions of Sections I, II, IV, V and VII as applicable, will, in each case, survive cancellation or termination of this Agreement.
Headings of No Force or Effect.
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
You authorize VIVOLINES, INC:
0). To investigate and/or review your credit history, including requesting a consumer report, both when you sign up for our service and at any time after you sign up, for any purpose, including, but not limited to, your initial qualification for an account, your continued compliance with the terms of your account and general customer base evaluation purposes not specifically associated with your account; and
1). To share credit information about you with credit reporting agencies. Upon your request we will inform you whether or not we have requested a consumer report, and if a report was requested, the name and address of the consumer reporting agency that furnished the report, and
2). To use your Customer Proprietary Network Information (“CPNI”) (as defined by FCC rules, such as information about the telephone numbers with which you exchange calls, and the type and quantity of service you purchase) in accordance with FCC rules and our CPNI policy on file with the FCC, including but not limited to (a) to bill and collect for services rendered; (b) to protect the rights or property of Lingo, other users or other carriers from unlawful use; (c) to provide customer premises equipment and protocol conversion; (d) to provide maintenance and repair services; and (e) to market services ancillary to the services to which you subscribe; and
Providing Information to Authorities and Third Parties
If we believe that you have used our service or your Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address, IP address, email address, registered 911 address, and all other account information, as follows:
0). In response to law enforcement or other governmental agency requests
1). As required by law, regulation, rule, subpoena, search warrant, or court order;
2). As necessary to identify, contact, or bring legal action against someone who may be misusing the Service, the Device, or both
3). To protect VIVOLINES, INC rights and property; or
4). In emergency situations where disclosure of such information is necessary to protect VIVOLINES, INC customers or third parties from imminent harm.