1. BASIC AGREEMENT. These Terms of Service constitutes the agreement ("Agreement") between FLING, INC. and CUSTOMER ("you" or "user") of FLING, INC.'s VoIP services. This Agreement authorizes you to use FLING, INC.'s VoIP services and products ("Services") and establishes the terms and conditions for that use. This Agreement also governs your purchase/rental and/or use of any devices or equipment in connection with the Service including, in particular, ("Device" or "Equipment"). If you order, activate or use the Service, you thereby agree to be bound by these terms and conditions and also acknowledge that you have read and understood these terms. Further, you represent that you are of legal age to make such agreements and representations. You further understand and agree that this Agreement may be amended by FLING, INC. at any time in its discretion by notifying customer or by posting a revised version of the Agreement on its website (). No waiver or amendment to the contract or these terms and conditions shall binding on FLING, INC. unless made in writing expressly stating that it is such a waiver or amendment and signed by an officer of FLING, INC..
2. LENGTH OF AGREEMENT ("TERM"). Service is offered initially on a month-to-month basis which begins on the date that FLING, INC. activates your Service. You may terminate one or more lines of service for any reason prior to the end of the monthly term, you agree to pay the FLING, INC. for the balance on that monthly term. You may terminate the Service at any time with written or email notice at least 5 business days prior to the termination. Failure to provide such written notice will result in you being responsible for payment of minimum service charges not to exceed one month. Upon termination, you will be responsible for payment of any unbilled charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. Upon termination, you must immediately return to FLING, INC. any equipment provided hereunder for which you have not previously paid the FLING, INC. in full.
3.1 RESIDENTIAL USE OF SERVICE. You represent that you are buying the Services and/or the Equipment for your own personal, residential, non-business and non-professional use only, and you agree that you may not otherwise use the Services or Equipment. You further agree that you may not resell the Services or the Equipment or components thereof. You may not use the Services or Equipment for commercial or governmental activities, profit-making or non-profit, including but not limited to commercial, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage. If FLING, INC. determines, in its sole discretion, that Customer's Service is being used for non-residential or commercial use , you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
3.2 SMALL BUSINESS USE OF SERVICE . If you have subscribed to FLING, INC.'s Business services, the Service and/or the Equipment are provided to you as a small business user. This means that you are not to resell or transfer the Service and/or the Equipment to any other person for any purpose, without express written permission from FLING, INC. in advance. You agree that the FLING, INC.'s Business service does not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. FLING, INC. reserves the right to immediately terminate or modify the Service, if FLING, INC. determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.
3.3 NON-PRIMARY LINE OF SERVICE . If you have subscribed to the FLING, INC.'S Business or Residential services as a non-primary line of service, you acknowledge and agree to the following: (i) the VoIP secondary line of service does not provide 911 emergency calling services; (ii) you will maintain a traditional phone service line that provides E911 emergency calling services; and (iii) you will inform all potential users of the secondary VoIP service of its lack of 911 emergency calling sevices.
3.4 SERVICE DISTINCTION. The Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
4. CHARGES AND PAYMENTS. You must pay all charges invoiced to the your account including, but not limited to, monthly service fees, installation fees, equipment charges, toll charges and any other applicable charges. Termination of Services or termination of this Agreement shall not relieve you of the obligation to pay all amounts due hereunder. Monthly service fees are charged and shall be paid in advance of each month's service; toll charges and any other applicable charges are charged and shall be paid at the end of each month's service. Monthly service fees, installation fees and equipment charges are billed as of your activation of the Services or thirty days after your purchase of the Services, whichever is earlier. In addition to other remedies available under law, if any charges are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, FLING, INC. may terminate the Services and all accrued charges are immediately due plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the due date of invoice until payment in full is received by FLING, INC..
Residential service users - To activate Service, you must provide FLING, INC. with a valid email address and credit card number (Visa, MasterCard, or any other issuer then accepted by FLING, INC.), or with valid checking account information. FLING, INC. reserves the right to stop accepting credit cards from one or more issuers and, in the event FLING, INC. stops accepting your card, you agree to promptly supply a different and valid credit card number for changes and agree that your Services may be suspended until a valid credit card number or checking account information is supplied to FLING, INC.. You authorize FLING, INC. to periodically charge the current account number provided by you for all charges accrued during the applicable billing cycles for the duration of the Term. FLING, INC. reserves the right to bill at more frequent intervals if the amount due at any time exceeds $75. You must notify FLING, INC. in writing within 7 days after receiving your credit card statement if you dispute any FLING, INC. charges on that statement or such dispute will be deemed waived. Billing disputes should be submitted by email to along with applicable information.
Business service users - Business service users must complete the applicable credit application and submit to FLING, INC.. Payment for charges may be made by credit card, electronic check or by check in which the terms and conditions as outlined for residential service users apply as described below. CUSTOMER elect may to receive hard copy of invoice and pay by check (additional fee will apply). Monthly recurring charges for each calling plan will be billed in advance, in 30 day increments, during the week of activation and during the week of each 30 day anniversary thereafter. Equipment purchase and installation fees will be billed during the week of shipment or activation. Invoices will be past due 30 days after the invoice date. You must notify FLING, INC. in writing within 15 days after receiving your invoice if you dispute any charges. Billing disputes should be submitted by email to along with applicable information.
5. TELEPHONE NUMBERS AND NUMBER TRANSFER ON SERVICE ACTIVATION OR TERMINATION. FLING, INC. may provide you a new telephone number(s) or you may request to have your existing telephone number(s) moved to FLING, INC.'s service. Any telephone number provided by FLING, INC. to you ("Number") may be moved to another service provider. There will be a service fee associated with the transfer. Upon termination of the Service, FLING, INC. may, at its sole discretion, release a telephone number that was ported in from a previous service provider to FLING, INC. by you and used in connection with your Service provisioned by FLING, INC. to your new service provider, if such new service provider is able to accept such number, and provided that (i) your account has been terminated, (ii) your FLING, INC. account is completely current including payment for all charges, disconnect fees and transferal fees, and (iii) you request the transfer in writing upon terminating your account.
6. LOST, STOLEN, ALTERED, OR BROKEN EQUIPMENT. You may not modify the Equipment in any way without FLING, INC.'s express written permission. You may not use the Equipment except with the Services provided hereunder. If you elect to rent the Equipment, you are responsible for all lost, stolen, altered or broken Equipment and shall pay FLING, INC. for any such lost, stolen, altered or broken Equipment an amount equal to the fair retail price of the Equipment. You must immediately notify FLING, INC. of any lost, stolen, or altered Equipment. You agree to cooperate with FLING, INC. in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment or the Service.
7. TAXES AND OTHER REGULATORY CHARGES. Quoted or posted prices do not include taxes and regulatory fees, including but not limited to, sales, use, value-added, excise, federal, state, local, public utility or other regulatory fees. FLING, INC. reserves the right to add taxes or regulatory fees to any amounts otherwise charged to you for the Service. Currently, FLING, INC. charges sales tax for equipment purchased in certain states.
8. PROHIBITED USES. In addition to the prohibit uses described elsewhere in this Agreement, the Service and Equipment shall not be used directly or indirectly in violation of any laws. FLING, INC. reserves the right to terminate your service immediately and without advance notice if FLING, INC., in its sole discretion, believes that you have violated the law, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at FLING, INC.'s discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Equipment by yourself and by any person making use of the Service or Equipment provided to you, and you agree to indemnify and hold harmless FLING, INC. against any and all liability for any such use. If FLING, INC., in its sole discretion, believes that you have violated the any laws or restrictions, FLING, INC. may forward the objectionable material, as well as your communications with FLING, INC. and your personally identifiable information, to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding. You hereby consent to FLING, INC. forwarding of any such information to authorities.
9. CHANGES TO THE AGREEMENT OR SERVICES. FLING, INC. reserves the right to make changes to this Agreement and the Services ("Change of Service"). The Agreement may be amended at any time by FLING, INC. by notifying customer or posting the amended Agreement to the FLING, INC. webpage at . Such changes will automatically become a part of this Agreement. Changes become binding on the date posted to the FLING, INC. website ("Change Date"), and no further notice by FLING, INC. is required. Any Change of Service charges will be applied to your account as appropriate, pro rata as calculated from the Change Date. You can, within ten (10) days of FLING, INC.'s notification, send notice to FLING, INC. that you do not accept a Change of Service, and terminate this Agreement. In such event, you will be responsible for any sums due hereunder in addition to any applicable disconnection fees. If you do not send FLING, INC. notification of their desire to terminate this Agreement or if you use the Services after the ten (10) day notice period, you are deemed to have accepted and consented to the Change of Service.
10. TERMINATION. FLING, INC. reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Service in any way, your breach of this Agreement, your failure to pay any sum due hereunder, suspected fraud or other activity by you that adversely affects the Services, FLING, INC., FLING, INC.'s network or another end user's use of the Services. FLING, INC. reserves the right to determine, at it soles discretion, what constitutes misuse of the Services, and you agree that FLING, INC.'s determination is final and binding on you. FLING, INC. may require an activation fee to change or resume terminated or suspended Services.
11. PRIVACY. FLING, INC. respects your privacy. Unless required by law or your prior permission is obtained, FLING, INC. intends only to share the personal data you provide with other FLING, INC. entities and/or business partners who are active on FLING, INC.'s behalf to complete the activities described herein. FLING, INC. may be required to file numerous reports with different administrative bodies. As such, FLING, INC. may provide aggregate statistics about customers, sales and traffic patterns. It is possible that these reports or statistics may include personally identifiable information. Further, FLING, INC. may need to use personally identifiable information to investigate and help prevent potentially unlawful activity. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, FLING, INC. may need to disclose personally identifiable information.
12. EQUIPMENT WARRANTY AND RETURNS. Purchased equipment retains the warranty provided by the manufacturer as described in the material provided with the equipment. For warranty returns, CUSTOMER shall, prior to shipment, obtain authorization from FLING, INC.. Refunds for equipment purchases are only made if the CUSTOMER obtains prior authorization, the Equipment is in working condition, the Equipment is returned in its original packaging, and the Equipment is received by FLING, INC. within 10 days of original receipt date by CUSTOMER. For rented Equipment, FLING, INC. retains ownership of Equipment at all times. CUSTOMER must obtain prior authorization from FLING, INC. for returns of equipment for service or operability problems. For rental equipment that is not returned in proper working order upon termination of service, FLING, INC. may charge CUSTOMER an amount equal to the fair retail price of the equipment.
13. TECHNICAL SUPPORT. FLING, INC. provides technical support limited to the Services and the Equipment provided hereunder. Technical support is rendered from FLING, INC. premises, and may be available by email and/or telephone. For business services, on site technical support may be provided at FLING, INC.'s sole discretion. Support for other applications and uses is not provided or implied. In the event you deem technical support to be insufficient, you agree that your sole remedy shall be to terminate the Services.
14. BREACH. In the event you breach the terms of this Agreement, including without limitation, you fail to pay any sum due hereunder, you shall reimburse FLING, INC. for all attorney, court, collection and other costs included by FLING, INC. in the enforcement of FLING, INC.'s right hereunder, and FLING, INC. may keep any deposits or other payments you have made.
15. INDEMNIFICATION. You agree to defend, indemnify and hold harmless FLING, INC., its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Services, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) which are made by or incurred by you or on your behalf or by or on behalf of any third party or any other person and which result from or relate to any violation of this Agreement by you. This paragraph and all other indemnity provisions in this Agreement shall survive termination of this Agreement.
16. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FLING, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR VENDOR OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT FLING, INC. WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
17. WARRANTY AND LIABILITY LIMITATIONS. FLING, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTILBILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FLING, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO THE TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OF FLING, INC. OR ANY OF ITS VENDORS. NEITHER FLING, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCURS AS A RESULT OF FLING, INC.'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR VENDOR'S NEGLIGENCE. ANY CLAIM AGAINST FLING, INC. MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER, AND FLING, INC. HAS NO LIABILITY THEREAFTER. FLING, INC.'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. FLING, INC. MAY ELECT TP PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. IN NO EVENT SHALL FLING, INC.'S TOTAL LIABILITY HEREUNDER EXCEED THE SERVICE FEES PAID BY USER TO FLING, INC. IN THE PRIOR SIX (6) MONTHS FROM THE DATE OF CLAIM.
18. EXPORT COMPLIANCE AND USE OUTSIDE THE UNITED STATES. You agree to comply with US Export laws concerning the transmission of technical data and other related materials via the Services. You agree to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used. In the event you remove the Equipment to a country other than the United States and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Equipment by yourself or any person making use of the Service or Equipment provided to you and agree to indemnify and hold harmless FLING, INC. against any and all liability for any such use. Should the removal from the United States of the equipment violate any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless FLING, INC. against any and all liability for such violation. FLING, INC. reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United States in an unauthorized manner, or a manner inconsistent with its intended use.
19. Non-Voice System. YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, AND SATELLITE TELEVISION SYSTEMS. YOU HAVE NO CLAIM AGAINST FLING, INC. FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
20. SERVICE LOSS RESULTING FROM POWER OUTAGE OR INTERNET SERVICE FAILURE OR TERMINATION OR SUSPENSION BY FLING, INC.. You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by FLING, INC.) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider ("ISP") and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or FLING, INC. terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP failure is cured. A power outage or disruption may require you to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or outages or ISP failures will also prevent dialing to emergency service numbers including the 911 calling feature. Should FLING, INC. suspend or terminate your Service, the Service will not function until such time as FLING, INC. restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).
21. 911 - EMERGENCY SERVICES
21.1 Emergency Services 911 Dialing ("911" and "E911 "). The Service does not support traditional 911 or E911 access to emergency services in all locations. CUSTOMER agrees that it fully understands that any 911 and E911 services that may be provided with the VoIP service do not operate like 911 and E911 services provided by traditional wire line telecommunications service. The 911 or E911 service that may be offered FLING, INC. has the following limitations or differences from traditional wire line telecommunications:
E911 will not operate if there is any interruption, outage or degradation of the electrical power supply to the internet access device or the broadband internet connection of the Customer. tHE INTERNET ACCESS DEVICE MAY HAVE TO BE RESET AFTER A POWER OR INTERNET OUTAGE OR INTERRUPTION;
Customer is responsible for providing address and other information, which identifies the location of the Customer for E911 purposes. The Service is only to be used as stationary and non-mobile service.
911 EMERGENCY CALLING SERVICES ARE NOT AVAILABLE FOR VOIP SERVICES SUBSCRIBED AS SECONDARY LINES OF SERVICE. YOU AGREE TO MAINTAIN A PRIMARY TELEPHONE SERVICE THAT PROVIDES E911 EMERGENCY CALLING SERVICES.
CUSTOMER shall inform any household or business residents, guests and other third persons who may be present at the physical location where you utilize the Service regarding the limitations of and the differences of 911 that may be provided with the Service as compared to traditional wire line 911 service. The documentation that accompanies each piece of Equipment that you purchase or rent should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the '911 Sticker'). It is your responsibility, in accordance with the instructions that a FLING, Inc. each Device, to ensure that a 911 Sticker is conspicuously displayed in each Equipment device. YOU ACKNOWLEDGE THAT FLING, INC.'S EQUIPMENT AND SERVICES MAY NOT, AT TIMES, SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS.
21.6 Limitation of Liability Regarding 911 Dialing and Indemnification . You understand and agree that, for the reasons set forth in this Agreement, neither FLING, INC. nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to any Service outage and/or inability to dial 911 from your line or to access emergency service personnel or provide automated number identification or automated location identification or which otherwise relates to 911 dialing. You agree to defend, indemnify, and hold harmless FLING, INC., its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you 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, you or any third party or person who uses the Service through or on your behalf, relating to the absence, failure or outage of the Service, including 911 dialing and/or any inability by you or any other person to be able to dial 911 or to access emergency service personnel. These limitation of liability and indemnity provisions are in addition to, and not in lieu of, those elsewhere in this Agreement including in Paragraphs 15 and 16.
22. SEVERABILITY. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
23. NON-WAIVER . The failure of FLING, INC. to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred except where a shorter period is provided in this Agreement.
24. NOTICES. FLING, INC. communicates with users primarily via email. Notices to you shall be sent to the email address specified by you at the time of registration for the Services or as subsequently specified by you ("Email Address"). You are responsible for notifying FLING, INC. of any Email Address changes which shall not be binding upon FLING, INC. until you have received confirmation that the change has been processed. You agree that sending a message to you at the Email Address is the agreed upon means of provided notification. The Email Address may be used to communicate important information about the Services including, but not limited to, billing changes and new promotions.
25. FORCE MAJEURE. FLING, INC. shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers, failures by vendors or service providers, or other difficulties of FLING, INC. as may occur in spite of FLING, INC.'s best efforts. Quantities are subject to availability. In the event of production or network difficulties or product shortages, FLING, INC. may allocate sales, services and deliveries at its sole discretion.
26. MANDATORY ARBITRATION. Any dispute or claim between you and FLING, INC. arising out of or relating to the Service or Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Greenlake,
Wisconsin. The arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and you may not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
27. GOVERNING LAWS. This Agreement is governed by the laws of the State of
except with respect to choice of law. You acknowledge and agree that
courts have exclusive jurisdiction over this agreement. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with above section, you agree to submit to the personal and exclusive jurisdiction of the courts located within Greenlake County of the state of
and waive any objection as to venue or inconvenient forum.
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