Service Terms for Residential Internet, TV, and
Home Phone Services
Effective August 22, 2024
1. Introduction
These Service Terms for Residential Internet, TV, and Home Phone Services (the “Terms”) together with the documents listed below form a legal agreement (the "Service Agreement") between each user of TDS’ residential internet, phone, and/or TV/video services (collectively referred to as "you") and TDS Broadband Service LLC, along with certain affiliated parties who play a role in delivering those services (collectively “TDS”). The Service Agreement includes the following documents:
- TDS’ Acceptable Use Policy
- TDS’ Privacy Policy
- TDS’ Internet Network Management Policy
- TDS’ End User License Agreement (if customer chooses to use the TDS-provided email service)
- Any terms and condition associated with TDS’ online payment platform, if you choose to use it
- Any applicable tariff or franchise agreement
This Service Agreement supersedes any prior versions and shall apply to any dispute between you and TDS, regardless of when that dispute arose. In the event of a conflict between any applicable tariff or franchise agreement and any other component of the Service Agreement, the applicable tariff or franchise agreement shall control. Similarly, in the event of a conflict between any applicable law and the Service Agreement, the applicable law shall control.
PLEASE READ ALL COMPONENTS OF THE SERVICE AGREEMENT CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TDS. Therefore, you should take the time to understand them completely. Please contact TDS if you have any questions.
BY ENROLLING IN OR USING ANY SERVICE CURRENTLY PROVIDED BY TDS, INCLUDING BUT NOT LIMITED TO, THIS WEBSITE, ANY TELECOMMUNICATION SERVICE (INTERNET, PHONE, VIDEO, EMAIL), AND THE TDS E-PAY SERVICE (EACH A "SERVICE", COLLECTIVELY THE "SERVICES"), YOU AGREE THAT YOU AND ANY OTHER USERS ACCESSING THE SERVICES UNDER YOUR ACCOUNT WILL BE BOUND BY ALL OF THE TERMS AND CONDITIONS THAT MAKE UP THE SERVICE AGREEMENT. IF YOU DO NOT AGREE TO ANY TERMS OR CONDITIONS, YOU DO NOT HAVE PERMISSION TO USE THE SERVICES AND SHOULD DISCONTINUE USE.
PLEASE NOTE:
These terms contain a mandatory arbitration agreement. Please review the arbitration agreement in Section 10 carefully, as it requires you to resolve all disputes with TDS on an individual basis through final and binding arbitration. It also requires you to forgo jury trials, class actions, and all other types of court proceedings of any and every kind. By accepting the Service Agreement, you expressly acknowledge that you have read and understand all of its terms, including those of the arbitration agreement, and have taken time to consider the consequences of this important decision.
Table of Contents
1. Introduction
2. Table of Contents
3. General Service Terms
3.1. Service Agreement Term; Acceptance; Modifications
3.2. Minimum Age
3.3. Acceptable Use
3.4. Residential Use Only; No Resale
3.5. Unlawful Use Prohibited
3.6. Privacy
3.7. Right of Entry
3.8. TDS Equipment
3.9. Firmware and Software
3.10. Customer Equipment
3.11. Upgrades and Outages
3.12. Customer Support.
3.13. Responsibility for Your Account Usage and Security
3.14. Notice
3.15. Credit Inquiries
3.16. Email Storage Capacity
3.17. Deletion of Customer information.
3.18. Data Packets
3.19. Protection of TDS Content and Trademarks
4. Financial Responsibility
4.1. Billing Start Date
4.2. Your Billing Information
4.3. Fees and Charges
4.4. Installation Fees and Advance Payments
4.5. Taxes
4.6. Late Payment Fees
4.7. Returned Payment Fees
4.8. Account Termination for Recurring Payment Issues
4.9. Collection and Attorneys’ Fees
4.10. Payment Methods and Terms
4.11. Billing Errors
4.12. Refunds; Offset
4.13. Responsibility for Account Transactions; Account Security
5. Termination of Services
5.1. How to Cancel Your Service(s)
5.2. Minimum Service Term; Early Termination Charges
5.3. Suspension or Termination of Your Account
5.4. Reactivation of Services
5.5. No Proration of Monthly Service Charges Upon Cancellation
6. Customer Remedies; Claims Limitation
6.1. Service Credits
6.2. Force Majeure
6.3. Sole Remedy
6.4. Claims Limitation
7. No Warranties; Risk Acknowledgement
7.1. No Warranties
7.2. RISK ACKNOWLEDGEMENT
8. Customer’s Indemnification of TDS
9. LIMITATION OF LIABILITY
9.1. General Limitation of Liability.
9.2. No Liability for Malicious Code.
9.3. No Liability for Intellectual Property Infringement.
9.4. Limited Liability for Directory Listings Errors.
9.5. Limited Liability for Customer Equipment and Software.
9.6. No Liability for Software or Applications, Viruses, or Data Loss.
9.7. No Liability for Third Party Service Providers.
9.8. No Liability for Third Party Merchants.
9.9. WAIVER OF CONSEQUENTIAL DAMAGES
10. Arbitration
10.1. Arbitration Agreement
10.2. Binding Arbitration
10.3. Arbitrator’s Exclusive Authority
10.4. Waiver of Right to Trial by Jury or Class Action Participation
10.5. Rules and Governing Law
10.6. Arbitration Process
10.7. Arbitrator’s Decision
11. Product-Specific Terms and Conditions
11.1. Dialup Internet Access Limitations.
11.2. High-Speed Internet Service Terms.
11.3. Phone Services: 911/E911 Dialing.
11.4. Phone Services in General.
11.5. Wire Protection Plan
11.6. Video Services
11.7. TDS TV+ Products and Services
12. Miscellaneous
12.1. Entire Agreement; Term
12.2. Severability
12.3. TDS Rights and Remedies; No Waiver by TDS
12.4. Governing Law
12.5. Assignment
12.6. Amendment
12.7. Survival.
12.8. Public Inspection Files.
3. General Service Terms
3.1. Service Agreement Term; Acceptance; Modifications
The Service Agreement is effective on the day you accept it and will remain in effect until it is terminated by either party or superseded by a revised version. Your initial or continued use of the Service indicates your acceptance of the Service Agreement. TDS may also ask you to indicate your acceptance of the Service Agreement in other ways, such as through an online portal.
Services are provided on a month-to-month basis unless you agreed to a specified minimum term when you placed your order, in which case you agree to maintain and pay for your Service for the duration of the specified minimum term or pay an early termination charge as outlined in Section 5.2 below.
TDS has the right to modify any part of the Service Agreement and change, add to, or remove portions of the Services (including features and equipment requirements) at any time in any manner. Any modification shall be effective upon notice to you as provided under Section 1.6. Your continued use of the Service after receiving such notice shall be deemed acceptance of all modifications. If you do not agree to any modification, you must immediately stop using the Services and notify TDS that you are terminating your Service(s). The online version of these Terms and the other components of the Service Agreement are always the most current versions. Please check back periodically to review them and stay informed of any changes.
3.2. Minimum Age
In order to maintain an account with TDS, you must be 18 years of age or older. By agreeing to the Service Agreement, you certify you meet this minimum age requirement. Minors are permitted to use TDS Services with the express permission of a registered adult. The actions of that minor while using the account are the sole responsibility of the adult to whom the account is registered. CERTAIN CONTENT MAY BE OBJECTIONABLE OR UNSUITABLE FOR MINORS. YOU ARE RESPONSIBLE FOR AND MUST EXERCISE YOUR OWN DISCRETION WHEN ALLOWING MINORS TO USE THE SERVICES.
3.3. Acceptable Use
Your use of the Services is subject to TDS’ Acceptable Use Policy available at https://hellotds.com/acceptable-use-policy.html. Unauthorized use of TDS Equipment or Services constitutes a violation of federal and state law and a breach of the Service Agreement. TDS will press charges against all violators. Additionally, misuse or unlawful use of any TDS Equipment or Service can result in the termination of some or all Services at the sole discretion of TDS. Unless otherwise required under applicable law, including rules established by any state commission and/or the Federal Communications Commission (FCC), TDS is not required to provide Service to anyone for any reason, and reserves the right to terminate Service at any time.
3.4. Residential Use Only; No Resale
You understand and agree that any Service ordered under the Service Agreement is being provided to you for residential, personal, and family use, and is not intended to be suitable for business use. You agree that you will not use or allow others to use any Service as the primary method to operate any type of on-line business or commercial enterprise or to use the internet Service as an internet service provider. You are not permitted to resell or redistribute (whether for a fee or otherwise) the Services in whole or in part to individuals outside your household, even to a limited group of people or to other residences that you own or have the right to use. If you receive TV/video service, these restrictions apply to programs and other materials that you receive as part of that service even if you record or capture such material in a data file or on a hard drive, DVR, or similar device. If you use a wireless network within your residence, you must limit wireless access to the internet Service by taking reasonable steps to prevent unauthorized use (e.g., establishing and using a secure password). See the Acceptable Use Policy at https://hellotds.com/acceptable-use-policy.html for additional information.
3.5. Unlawful Use Prohibited
Service is furnished subject to the condition that it will not be used for an unlawful purpose. Service will not be furnished if any law enforcement agency, acting within its jurisdiction, advises that such Service is being used or will be used in violation of the law, or if TDS receives other evidence that such Service is or will be used for such purposes.
3.6. Privacy
Your privacy interests, including your ability to limit disclosure of certain information to third parties, are safeguarded by provisions of the Cable Communication Policy Act of 1984, as amended, the Communications Act of 1934, as amended, and other state and federal laws. Your privacy rights and TDS’ privacy practices are described in the TDS Broadband Privacy Policy available at https://hellotds.com/privacy-policy.html, which may be updated from time to time at TDS’ discretion.
3.7. Right of Entry
TDS representatives may need to access your private property for purposes of installing, maintaining, upgrading, inspecting, and repairing the telecommunications and/or cable equipment necessary to provide the Services (collectively, the “TDS Equipment”). By ordering a Service or requesting a service visit by a TDS technician, you are granting TDS and its subcontractors and other representatives permission to access your property to the extent necessary to install the Service and/or perform any work related to your service request. You understand and agree that TDS may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. Additionally, you understand and agree that TDS may use existing wiring, including altering the wiring and removing accessories, located within your premises. You warrant that you are either the owner of the property where Services will be installed, or if you are a tenant, that you have the authority to allow TDS representatives access to the property. If you are not the owner of the property, you agree to provide TDS the owner’s name, phone number, and address, evidence that the owner has authorized you to grant access to the property, and/or written consent from the owner. Without limiting any other provisions of the Service Agreement, you agree to indemnify and hold TDS harmless from and against all claims that you or any owner, landlord, building manager, or other party may have in connection with installation, maintenance, repair, or provision of the Services.
3.8. TDS Equipment
The TDS Equipment (which includes any equipment you lease from TDS) is for your exclusive use during the term of your Service Agreement and is and at all times shall remain the sole and exclusive personal property of TDS. You expressly agree that you will use the TDS Equipment exclusively in connection with receiving and using the Services. You will not obtain any ownership rights in the TDS Equipment because of the payments you make pursuant to the Service Agreement, your possession of the TDS Equipment, or the attachment of any portion of the TDS Equipment to your residence or otherwise. To ensure uninterrupted Service, you are prohibited from moving, modifying, or otherwise tampering with any TDS Equipment without TDS’ consent. Unless specifically authorized by TDS, you must not allow anyone other than an authorized representative of TDS to perform work on the TDS Equipment. TDS reserves the right to modify or replace the TDS Equipment as needed to ensure consistent service delivery.
If any TDS Equipment is damaged, stolen, or lost during the term of your Service Agreement due to your intentional acts, negligence, or use inconsistent with the Service Agreement, you will be responsible for the cost of its repair or replacement, plus any applicable shipping and handling fees, except to the extent such costs are covered by an active TDS Wire Protection Plan.
Unless otherwise directed by TDS, you must return all TDS Equipment to TDS in good working condition, other than normal wear and tear, within 30 days after termination of your Services. If you fail to return TDS equipment within 30 days after termination, or the equipment is damaged, you will be responsible for the full value of such equipment, as determined by TDS. If TDS Equipment is returned via mail, shipping and handling fees may apply.
3.9. Firmware and Software
Any firmware or software that may be embedded in the TDS Equipment or used to provide the Services are protected by trademark, copyright, and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with the Service Agreement. This license will commence upon your acceptance of the relevant Services and will terminate immediately upon the termination of the Services for any reason. TDS and its licensors retain all rights and interests in and to any such software of firmware. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the TDS Equipment or used to provide the Services. You are permitted to archive the software or re-load the software disk in its original format. All such copies must contain the same copyright notices and proprietary markings as the original software. You shall not reverse compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software. If you decide to use the Services through an interface device not provided by TDS, which TDS reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights to use that interface device with the Services, including all software and firmware licenses. You will indemnify and hold harmless TDS against any and all liability arising out of your use of such interface device with the Services.
3.10. Customer Equipment
Any customer-owned or provided equipment that you use in connection with the Services (“Customer Equipment”) must meet TDS’ current minimum technical and other requirements, which may be amended from time to time at TDS’ sole discretion. If you install or use Customer Equipment in connection with the Services that does not meet TDS’ minimum requirements, you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the Customer Equipment. NEITHER TDS NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, THEIR AGENTS, OR ASSOCIATED PARTIES (“TDS PARTIES”) WARRANT THAT CUSTOMER EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT. NONE OF THE TDS PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. Contact TDS Customer Support if you have questions about the compatibility of your equipment. TDS shall have no obligation to provide, maintain, or service Customer Equipment, unless otherwise covered by the terms of your Wire Protection Plan. By using Customer Equipment in connection with the Services, you authorize TDS to send software and/or downloads to such Customer Equipment and install, configure, maintain, inspect, and upgrade such Customer Equipment to the extent necessary to provide the Services.
3.11. Upgrades and Outages
TDS is continually updating and improving its Services as well as upgrading equipment to meet evolving technological standards used by the industry. These changes may occasionally cause degraded or interrupted services. TDS will make every attempt to communicate planned outages or interruptions.
3.12. Customer Support.
If you experience a problem with your Service or TDS Equipment, please contact TDS Customer Support by visiting https://hellotds.com/support.html or calling 877-422-5282. If necessary, we may schedule an appointment for a service technician to visit your home, usually within a few business days. We do not charge for service calls if TDS Equipment caused the problem. You must cooperate by all reasonable means to allow a TDS representative to inspect its facilities either inside or outside the place of attachment and with its attempts to resolve a service or equipment problem. You agree that TDS is not obliged to service any Customer Equipment. If TDS determines in its sole judgment that the problem was caused by Customer Equipment, Customer software, Customer-installed wiring or hardware, or any problem not caused by TDS or the TDS Equipment, you agree to pay for the service appointment and TDS’ reasonable charges for repair. In some cases, TDS may decline to undertake the repair. If a problem is not resolved to your satisfaction, please contact TDS Customer Support by visiting https://hellotds.com/support.html or calling 877-422-5282. You may also contact your local franchise authority.
Emergencies such as fallen trees or utility poles, violent storms or very cold weather may interfere with the Services. TDS will promptly dispatch crews to correct any emergency as soon as practicable. As these situations may affect a large service area, it may take several days to resume full service to the entire area.
3.13. Responsibility for Your Account Usage and Security
You are responsible for all activity associated with your account, including actions on your account performed by others who have acquired your passwords or access to your systems without your knowledge
TDS provides you with a limited, non-exclusive license to usernames and other specific account and network information related to the TDS internet architecture. The responsibility for the use of those Services and any consequences of the use or abuse of those Services (including stolen Services) is yours and yours alone, whether this use was intentional or unintentional.
You agree to notify TDS immediately if you become aware at any time that TDS Equipment has been stolen from you, or that your Services are being stolen or used without your authorization. If you fail to notify TDS in a timely manner, your Services may be terminated without notice, and additional charges and fees may be charged to your account.
3.14. Notice
TDS may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; text message to your designated cell phone number (if you've elected to receive notifications in such manner); bill message included in your monthly invoice; or U.S. Mail or courier service at the address you provided TDS when you registered for the Service; and general posting to TDS' websites. The following is a list of TDS’ current website addresses for residential customers: https://hellotds.com; and https://ourtds.com/.
Unless otherwise stated in any such notice or communication, all notices or other communications to you shall be deemed effective on the date of electronic mailing or posting, the date the text message was sent, or on the fourth calendar day following the date of first-class mailing or deposit with a courier service. These are the only means of official communication recognized for the purpose of actively communicating with you regarding your Service.
You are responsible for keeping all of your contact information accurate and must provide changes to TDS promptly by contacting customer service or updating your online account information. This includes, but is not limited to, your legal name, address, phone numbers, and payment data (including but not limited to credit card numbers and expiration dates). You agree that during the term of the Service Agreement you will promptly notify TDS if there is any change in the information that you have provided to TDS in accordance with the terms of the Service Agreement.
3.15. Credit Inquiries
By signing up for Service, you authorize TDS to make inquiries and to receive information about your credit experience from others, to enter this information in your file, and to disclose this information to appropriate third parties for reasonable business purposes.
3.16. Email Storage Capacity
With respect to each electronic mail (email) address assigned to you by TDS, TDS reserves the right to deny delivery of any new email transmissions until your email address information storage is reduced to below the maximum capacity of 500 MB.
3.17. Deletion of Customer information.
TDS may delete voicemail, data, files, or other customer information that is stored on servers or systems owned or managed by TDS in accordance with TDS’ storage policies. You understand and acknowledge that TDS shall have no liability as a result of the loss or removal of such data and information.
3.18. Data Packets
By using the Service, you grant and authorize TDS the right to send data packets to your IP address (the address assigned to your computer or mobile device by TDS while you are online). These packets will be used to determine if your computer or mobile device is vulnerable to common internet attacks that may cause problems for you and for TDS. The packets will allow TDS to detect and log any potential vulnerability that may be exploited by hackers or viruses in junk email. The packets are in no way harmful to your computer or mobile device. If TDS detects a vulnerability, Customer Support will contact you as soon as possible to ensure that your configuration is remedied to remove this vulnerability. If you do not remedy the vulnerability to TDS’ satisfaction, TDS reserves the right, in its sole discretion, to suspend and/or terminate your internet access.
3.19. Protection of TDS Content and Trademarks
The content, organization, graphics, design, and compilation of the TDS websites and other information, documents, and materials provided to you by TDS in emails, text messages, software applications, or other mediums (collectively, "TDS Content") are protected under applicable copyrights, trademarks and other proprietary rights. The viewing, printing, or downloading of any TDS Content grants you only a limited, nonexclusive license to use the TDS Content solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, or preparation of derivative works. The copying, redistribution, use or publication by you of any TDS Content, except for your own personal use, is strictly prohibited. You do not acquire ownership rights to any TDS Content shared with you. Any unauthorized use of TDS Content may lead to termination of your Service(s).
All websites, corporate names, service marks, trademarks, trade names, logos, and domain names of TDS (collectively "TDS Marks") along with the Services and all TDS Equipment (including firmware and software incorporated therein) are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. TDS® and its logo are registered trademarks of Telephone and Data Systems, Inc. TDS Telecom, TDS Metrocom and TDS Long Distance are the registered trademarks of TDS Telecommunications LLC. US LINK® is the registered trademark of U.S. Link, Inc. Other product and company names mentioned on the TDS websites or in other TDS communications may be trademarks of those respective owners. The TDS Marks are and shall remain the exclusive property of Telephone and Data Systems, Inc. and/or its affiliates. Nothing in the Service Agreement shall grant you the right or license to use any of the TDS Marks.
4. Financial Responsibility
4.1. Billing Start Date
The fees and charges for the Services begin to accrue on the day the Service is turned on and available for use at your service address (the “Billing Start Date”). Most fees and charges are billed monthly in advance, but usage-based charges (e.g., long distance telephone charges) are billed monthly in arrears.
4.2. Your Billing Information
You must provide TDS with accurate and complete billing information including your legal name, address, and telephone number. All changes to this information must be reported to TDS within 30 days of the change.
4.3. Fees and Charges
Unless you receive Services through a bulk billing arrangement, you must pay TDS all fees and charges for the Service(s) associated with your account by the due date printed on your bill. Such fees and charges may include, but are not limited to, service fees, installation fees, monthly or yearly usage fees (or other rate plan selected), early termination charges, late payment fees, invoice surcharges, cashier's check fees, returned payment fees, other special money transfer fees, and/or software purchases. Unless otherwise provided by written agreement between you and TDS or by applicable state law and/or the governing tariff or franchise agreement, TDS reserves the right to change its fees and charges or institute new fees or charges for a Service at any time upon 30 days’ notice to you. Notice will be provided in accordance with Section 3.14 above.
If you participate in a promotional offer for any Service(s) that is limited to a specified period of time, you will be charged the standard service fees and charges applicable to the Service(s) after the specified promotional period.
4.4. Installation Fees and Advance Payments
You will be informed of any applicable installation fees and/or advanced payments when you order a Service. TDS may require an advanced payment as a condition of service at any time, at TDS’ sole discretion based upon your payment and credit history.
4.5. Taxes
You agree to pay any applicable federal, state, and local taxes (however designated) levied upon TDS in connection with the sale, installation, use, or provision of the Services. Additionally, you agree to pay any fees that we charge in connection with governmental or quasi-governmental fees or programs, such as universal service fees, 911/E911 surcharges, telecommunications relay service surcharges, franchise fees, right-of-way fees, etc.
4.6. Late Payment Fees
If you do not pay the full balance due on your account by the due date printed on your bill, you agree to pay a late payment fee of up to $10.00 per month (fee varies based on applicable state law and/or the governing tariff or franchise agreement). The late payment fee will be applied to your account each month that your account is delinquent, in addition to all other applicable fees and charges. The late payment fee shall not be considered an interest charge, finance charge, or penalty. You can avoid any late payment fees by paying your monthly bill on time.
4.7. Returned Payment Fees
If your payment to TDS is declined due to insufficient funds or any other reason, your account will be considered to be in default and you will be charged a Returned Payment fee of up to $25 in addition to the past due amount and any applicable late payment fees. For returned checks, you will also be charged an amount equal to the bank's current returned check charge.
4.8. Account Termination for Recurring Payment Issues
Unless prohibited by law, TDS may terminate your account, in its sole discretion, for recurring declined credit cards, returned checks, or any other failure to pay account charges in full and on time.
4.9. Collection and Attorneys’ Fees
If TDS incurs attorneys’ fees, collection agency fees, court costs, or other expenses in connection with its efforts to enforce the Service Agreement or collect any unpaid balance on your account, you will be required to reimburse TDS for such expenses.
4.10. Payment Methods and Terms
4.10.1. If you elect to pay by credit/debit card and provide TDS with your credit/debit card number, you expressly authorize TDS to charge that card for any charges and fees associated with your TDS account. If you choose recurring credit/debit card payments, you authorize TDS to continued such charges until you notify TDS that you are withdrawing this authorization or until you have paid all charges under the Service Agreement. If your credit/debit card is declined, you will be subject to a Returned Payment Fee per Section 4.7 above and must pay all amounts due upon demand by TDS.
4.10.2. TDS offers an Interactive Voice Response (IVR) automated telephone payment option when you pay by ACH or credit/debit card. You must pay a convenience fee for the use of this alternative payment channel. TDS will disclose the amount of the convenience fee to you at the time of transaction. The convenience fee will be processed together with your payment on your bank and/or credit/debit card statement.
4.10.3. In some markets, TDS offers an online Rush Payment option through the use of a third-party vendor when you pay by ACH or credit/debit card. A Rush Payment applies your payment to your account the day of the transaction. You must pay a processing fee charged by the third-party vendor when you use the Rush Payment option. The processing fee will be disclosed to you at the time of transaction and will appear as a separate charge on your bank and/or credit/debit card statement.
4.10.4. Any restrictive endorsements (such as “paid in full”), releases, or other statements on or accompanying checks or other payment methods accepted by TDS shall have no legal effect.
4.11. Billing Errors
If you believe TDS has made a billing error, you should contact TDS immediately at the phone number provided on your monthly statement. TDS Long Distance customers must report billing errors within 3 months of the date of the applicable invoice and all other customers must report billing errors within 60 days of the invoice or transaction date; otherwise, refunds, credits or adjustments may not be given.
4.12. Refunds; Offset
Any refund less than $5.00 or over $500.00 owed by TDS to you will be remitted via check. Checks will be voided if you do not redeem them within 180 days after issuance and are not eligible for reissuance. Any refund of between $5.00 and $500.00 owed by TDS to you will be remitted to you in the form of a prepaid Mastercard® that may be used everywhere Debit Mastercard is accepted. Cards will not have cash or ATM access. Cards will be issued by Fifth Third Bank, National Association, an FDIC-insured institution, pursuant to a license from Mastercard International Incorporated. Your use of the prepaid card is subject to the terms and conditions posted online at North-Lane-Prepaid-Card-Argreement_TERMS-CONDITIONS-NORTHLANENEWREF53NATC_1120-1-(003).pdf. You agree to these online terms and conditions by registering for, activating, accepting, or using your prepaid card. THE ONLINE TERMS AND CONDITIONS CONTAIN AN ARBITRATION PROVISION. THIS PROVISION MAY SUBSTANTIALLY LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO YOUR PREPAID CARD. SEE THE “ARBITRATION” SECTION OF THE PREPAID CARD AGREEMENT FOR DETAILS. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
TDS may offset any amounts you owe against refund or credit amounts TDS owes to you without prior notice.
4.13. Responsibility for Account Transactions; Account Security
You are responsible for all financial transactions made between your account and third parties using TDS Services, knowingly or unknowingly. You are responsible for keeping your passwords and other security measures confidential and monitoring all activity that takes place on your account. Use caution when providing personal information while connected to the internet, as TDS cannot protect you from potential fraud or charges occurring through third-party vendors with whom you may be in contact through your Service.
5. Termination of Services
5.1. How to Cancel Your Service(s)
Subject to payment of any applicable early termination or equipment charges, you may terminate your Service(s) at any time by calling TDS Customer Support at 877-422-5282. You will continue to be responsible for all fees and charges related to your Service until TDS receives and verifies your cancellation notice. Please be aware that all TDS phone services, including 911/E911, will be disabled if your account terminates.
5.2. Minimum Service Term; Early Termination Charges
TDS may provide discounted equipment or pricing to you in exchange for your agreement to subscribe to a Service for a specified minimum service term. TDS will notify you of your minimum service term when you sign up for the applicable Service. In such event, YOU UNDERSTAND AND AGREE THAT YOUR SERVICE PLAN PRICING, EQUIPMENT PRICING, AND/OR PROMOTIONAL OFFER WAS BASED ON YOUR AGREEMENT TO CONTINUE SERVICE FOR THE SPECIFIED MINIMUM SERVICE TERM. If you terminate that Service for any reason (including moving outside of TDS’ service area) or if your Service is terminated by TDS for any violation of the Service Agreement, before the end of the minimum service term, you agree to pay TDS an early termination charge that reimburses TDS for this subsidy, as reasonably determined by TDS. The amount of the early termination charge will be communicated to you when you sign up for the applicable Service. Also, you may contact TDS at any time to request a calculation of the early termination charges that would apply upon termination at a particular time.
5.3. Suspension or Termination of Your Account
5.3.1. If your account is delinquent, TDS may terminate or suspend your Service upon 7 days advance notice, unless a longer notice period is required by applicable state law and/or the governing tariff or franchise agreement.
5.3.2. TDS may immediately terminate or suspend Service at any time if you or any other users of your account violate the Service Agreement.
5.3.3. TDS may terminate or suspend your Service for any other reason upon 30 days’ advance notice.
5.4. Reactivation of Services
If TDS suspends or terminates a Service for nonpayment or another violation of the Service Agreement, you must pay all overdue balances and other applicable charges before TDS will reactive your Service. You may also be required to pay a reconnect or trip charge or make an advance payment per Section 4.4. It may take 72 hours or longer to restore your Service. Reactivation of Service is subject to the terms of the Service Agreement, applicable law, and any governing tariff or franchise agreement.
5.5. No Proration of Monthly Service Charges Upon Cancellation
Subject to any restrictions under applicable law, you shall be responsible for the full monthly charges (without pro-ration) for those Services you subscribe to on a monthly basis, even if you terminate such monthly Services before the end of the respective subscription month. Notwithstanding the foregoing, pro-ration of monthly charges shall be permitted with regard to: (a) any active military persons who need to disconnect because of a deployment; and (b) TV and data equipment leased from TDS.
6. Customer Remedies; Claims Limitation
6.1. Service Credits
If your Service has been interrupted, you may be entitled to a credit against your future bill (a “Service Credit”). You must contact TDS Customer Support within 30 days after the outage to request a Service Credit; otherwise, you will not be eligible to receive one. The amount of the Service Credit will vary based on the type of Service impacted and the length of the outage.
6.2. Force Majeure
YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE MAY BE INTERRUPTIONS OF THE SERVICES DUE TO ACTS OF GOD, WAR, WEATHER, POWER FAILURES, EQUIPMENT FAILURES, OR OTHER SIMILAR EVENTS BEYOND THE CONTROL OF TDS. NEITHER TDS NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY, INCLUDING AS SET FORTH IN SECTION 6.1 (SERVICE CREDITS) FOR INTERRUPTIONS OF SERVICE DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL, OR FOR CLAIMS OR DAMAGES ARISING FROM SUCH INTERRUPTIONS.
6.3. Sole Remedy
If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, YOUR SOLE AND EXCLUSIVE REMEDIES ARE: (a) request a Service Credit per Section 6.1 above; or (b) terminate the Service Agreement and discontinue using the Service by canceling the account as outlined in Section 5.1. If this provision is found invalid, TDS’ liability is limited to the maximum extent permitted by law.
6.4. Claims Limitation
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PROVISION OF SERVICES OR ITS PERFORMANCE MAY BE BROUGHT BY YOU MORE THAN SIX MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.
7. No Warranties; Risk Acknowledgement
7.1. No Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICE AND ALL INFORMATION YOU RECEIVE FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE). THE INFORMATION AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER TDS NOR ITS SERVICE PROVIDERS WARRANT THAT THE TDS EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR, OR THAT THEY WILL NOT INTERFERE WITH OTHER THIRD-PARTY EQUIPMENT OR SERVICES. NEITHER TDS NOR ITS SERVICE PROVIDERS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED COMPLETELY OR IN UNCORRUPTED FORM. NEITHER TDS NOR ITS SERVICE PROVIDERS WARRANT, OR SHALL BE RESPONSIBLE IN ANY REGARD, FOR ANY MERCHANDISE OR SERVICES ORDERED THROUGH THE SERVICES FROM THIRD PARTIES OR OTHER COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY TDS FOR ALL LIABILITY IN CONNECTION THEREWITH.
7.2. RISK ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT ACCESS TO AND USE OF THE SERVICE MAY EXPOSE YOUR DATA, COMPUTER SYSTEM AND NETWORK TO VIRUSES, ADWARE, SNOOPWARE, SPYWARE, MALWARE, HIJACKWARE, KEY LOGGERS, TROJAN HORSES, WORMS AND OTHER MALICIOUS CODE THAT MAY THREATEN THE SECURITY AND OPERATION OF YOUR SYSTEM AND NETWORK (COLLECTIVELY, "MALICIOUS CODE").
8. Customer’s Indemnification of TDS
You agree to defend, indemnify, and hold TDS and its service providers harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: (a) any violation of the Service Agreement by you or those who access the Service(s) through your account; (b) any use of the Service by you or those who access the Service(s) through your account; and (c) the placement or transmission of any message, information, software, or other materials on the internet by you or by those who have access to the Service(s) through your account. YOU AGREE THAT NEITHER TDS NOR ITS SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST THEM THAT ARISE FROM YOUR USE OF THE SERVICES OR THE TDS EQUIPMENT. FURTHER, YOU AGREE TO REIMBURSE TDS AND ITS SERVICE PROVIDERS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF SUCH CLAIMS.
9. LIMITATION OF LIABILITY
9.1. General Limitation of Liability.
EXCEPT AS SPECIFICALLY PROVIDED IN THE SERVICE AGREEMENT, TDS HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE, INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION FROM THE SERVICE OR THROUGH THE SERVICE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE.
9.2. No Liability for Malicious Code.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, LOSS OF DATA, OR INVASION OF YOUR PRIVACY CAUSED BY MALICIOUS CODE CONTAINED WITHIN ANY ELECTRONIC FILE YOU ACCESS THROUGH OR OBTAIN FROM THE SERVICE IS DISCLAIMED. TDS' MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES RELATING TO TDS’ PROVISION OF THE SERVICE SHALL NOT EXCEED THE FEES YOU HAVE PAID IN THE PREVIOUS 12 MONTHS FOR THE SERVICE GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM, WHETHER THE CLAIM ALLEGES BREACH OF CONTRACT OR TORTIOUS CONDUCT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, VIOLATION OF A STATUTE, OR ANY OTHER THEORY.
9.3. No Liability for Intellectual Property Infringement.
IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE), SHALL TDS OR ITS SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY PERSON OR ENTITY FOR ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE TDS EQUIPMENT OR THE SERVICES BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
9.4. Limited Liability for Directory Listings Errors.
THE LIMITATIONS IN THIS SECTION SHALL APPLY WHERE TDS OFFERS A DIRECTORY LISTING OR PUBLICATION OPTION. IF (a) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED UNLISTED STATUS IS PUBLISHED IN ANY DIRECTORY; (b) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED NONPUBLISHED STATUS IS INCLUDED IN ANY DIRECTORY, ANY DIRECTORY ASSISTANCE DATABASE, OR IS OTHERWISE DISCLOSED TO ANY UNAUTHORIZED PERSON; (c) ANY PHONE NUMBER WHICH YOU REQUESTED BE PUBLISHED OR LISTED IN ANY DIRECTORY OR DIRECTORY ASSISTANCE DATABASE IS NOT SO PUBLISHED OR LISTED, OR (d) ANY PUBLISHED OR LISTED PHONE NUMBER CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE TOTAL LIABILITY OF THE TDS AND ITS SERVICE PROVIDERS IN CONNECTION WITH THE DESCRIBED ERROR OR OMISSION SHALL NOT IN THE AGGREGATE EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO TDS TO LIST OR NOT TO LIST OR TO PUBLISH OR NOT PUBLISH THE NUMBER FOR THE AFFECTED PERIOD. YOU SHALL HOLD TDS AND ITS SERVICE PROVIDERS HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS DESCRIBED ABOVE.
9.5. Limited Liability for Customer Equipment and Software.
Customer Equipment may be damaged or suffer service outages as a result of the installation, use, inspection, maintenance, repair, and removal of the TDS Equipment and the Services. Except for gross negligence or willful misconduct by us, neither TDS nor its service providers shall have any liability whatsoever for any damage, loss, or destruction to Customer Equipment. In the event of gross negligence or willful misconduct by TDS, TDS may, in its sole discretion, pay up to $250 for the repair or replacement of the damaged Customer Equipment. This shall be your sole remedy relating to such activity.
9.6. No Liability for Software or Applications, Viruses, or Data Loss.
Use of certain features of the Services, such as integrated messaging (where available), may require special software, applications, or access to web portals. TDS makes no representation or warranty that any software or application installed on your computers or web portal does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any computer and other hardware of yours from damage to its software, files, and data as a result of any such virus or other harmful feature. TDS is not required to provide you with any assistance in removal of viruses. If TDS decides, in its sole discretion, to install or run virus check software on your computer, TDS makes no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your system. NEITHER TDS NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
TDS does not represent, warrant, or covenant that the installation of the special software or applications described in the preceding paragraph or access to TDS’ web portals will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER TDS NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
9.7. No Liability for Third Party Service Providers.
Notwithstanding anything to the contrary in the Service Agreement, you acknowledge and understand that TDS may use third parties to provide components of the Services, including without limitation their services, equipment, and infrastructure. TDS is not responsible for the performance or non-performance of third-party services, equipment, or infrastructure, whether or not they constitute components of the Services. TDS shall not be bound by any undertaking, representation, or warranty made by an agent or employee of TDS or its service providers in connection with the installation, maintenance, or provision of the Services unless it is memorialized in this Service Agreement. The limitations of liability set forth in this section apply to any acts, omissions, and negligence of TDS and its service providers which, but for that provision, would give rise to a cause of action under any legal theory.
9.8. No Liability for Third Party Merchants.
TDS provides access to third-party merchant ("Merchants") sites from which you may purchase certain goods or services. TDS may also allow you to connect to and use third-party products, services or software through the Site, under separate terms and conditions, in conjunction with the Services or separately. You understand that TDS does not operate or control the products or services offered by Merchants or any other third parties and that TDS is not a party to the transaction entered into between you and Merchants (or such other third parties). The Service Agreement does not apply to (and TDS is not responsible for) such third-party sites, products, services and software, and the Service Agreement does not govern the practices of such Merchants or other third parties. Your use of any such third-party sites, products, services, or software is governed solely by the third-party terms and conditions (including, without limitation, any end user license agreements) provided in connection with those sites, products, services or software. When using any third-party sites, products, services or software, you should read the relevant terms of use provided by such third party. You agree that use of third-party sites, products, services and software is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL TDS BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR ANY OTHER THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON MERCHANTS' SITES OR ANY SITE LINKED TO A TDS SITE, OR FOR ANY THIRD-PARTY PRODUCTS, SERVICES OR SOFTWARE.
9.9. WAIVER OF CONSEQUENTIAL DAMAGES
IN PARTICULAR, BUT NOT AS A LIMITATION OF THE PROVISIONS ABOVE, NEITHER TDS NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, PERSONAL INJURIES (INCLUDING DEATH), OR LITIGATION, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TDS AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THOSE LIMITATIONS.
10. Arbitration
10.1. Arbitration Agreement
BY AGREEING TO THE SERVICE AGREEMENT, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST TDS ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST TDS, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST TDS BY SOMEONE ELSE. THE ABOVE NOTWITHSTANDING, THE ARBITRATION PROVISION IS NULL AND VOID IF MULTIPLE ARBITRATIONS ARE FILED THAT ARE VIRTUALLY IDENTICAL IN THAT THEY ASSERT THE SAME CLAIMS AND/OR SEEK IDENTICAL FORMS OF RELIEF.
10.2. Binding Arbitration
YOU AND TDS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY - REGARDLESS OF WHEN THE DISPUTE, CLAIM, OR CONTROVERSY AROSE - ARISING OUT OF OR RELATING TO (A) ANY PART OF THE SERVICE AGREEMENT, OR THE EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR (B) YOUR ACCESS TO OR USE OF THE SERVICES AT ANY TIME, WILL BE SETTLED BY BINDING ARBITRATION BETWEEN YOU AND TDS, AND NOT IN A COURT OF LAW IN ANY JURISDICTION. SUCH DISPUTE SHALL BE SUBMITTED TO JAMS FOR ARBITRATION IN THE COUNTY OF YOUR BILLING ADDRESS (OR SUCH OTHER LOCATION AS YOU AND TDS OTHERWISE MUTUALLY AGREE) AND SHALL BE BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, ONLY AS MODIFIED BY THE SERVICE AGREEMENT.
10.3. Arbitrator’s Exclusive Authority
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether any part of the Service Agreement is unconscionable or illusory and whether any defense to arbitration is available, including waiver, delay, laches, or estoppel.
10.4. Waiver of Right to Trial by Jury or Class Action Participation
You acknowledge and agree that you and TDS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and TDS agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and TDS each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.
10.5. Rules and Governing Law
10.5.1. The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this Arbitration Agreement. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/ or you may call JAMS at 1-800-352-5267.
10.5.2. Notwithstanding any choice of law or other provision in the Service Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state designated in Section 12.4 below.
10.6. Arbitration Process
10.6.1. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. You can contact JAMS for more information on how to commence an arbitration proceeding at https://www.jamsadr.com/ or 1-800-352-5267.
10.6.2. TDS will advance or reimburse you for any reasonable filing, administration and arbitrator fees for any arbitration initiated in accordance with this section. If TDS prevails in the arbitration, both parties agree that they will share equally in the costs of arbitration. If the arbitrator determines that either the substance of the claim for relief sought in the demand for arbitration was frivolous or brought for an improper purpose as measured by Federal Rule of Civil Procedure 11(b), TDS may, in its discretion, move to seek its costs of arbitration. TDS will reimburse you for your reasonable attorneys’ fees and costs if the arbitrator awards you an amount equal to or greater than the amount you have demanded in the arbitration.
10.7. Arbitrator’s Decision
The Arbitrator will render an award within the time frame specified in the JAMS Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.
11. Product-Specific Terms and Conditions
11.1. Dialup Internet Access Limitations.
ACCESS TO DIALUP INTERNET SERVICE WILL BE PROVIDED VIA A LOCAL MODEM POOL NUMBER. INTERNET ACCESS IS OFFERED BY TDS SUBJECT TO THE FOLLOWING LIMITATIONS: ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR TDS DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. TDS IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
11.2. High-Speed Internet Service Terms.
11.2.1. General. You are responsible for all internet activity and bandwidth usage originating from your or others’ use of your Services, including under any screen name or password. You agree to ensure that all use of your Services complies fully with the Service Agreement. You are solely responsible for protecting the confidentiality of your screen names, passwords, PINs, parental controls, and other security measures, and TDS shall have no liability for your failure to do so.
11.2.2. Equipment and Software.
a. The monthly charge for the Services may include (i) rental of a cable modem and other TDS Equipment, if applicable, to be installed at your home to permit connection of a PC to the Services, and (ii) rental of a license for the computer software licensed for the limited use as described in this Service Agreement by TDS to you to enable you to access the Services. If software is installed on more than one PC, additional charges may apply. Additional charges may also apply for transactions, purchases, or access to other services.
b. TDS will install the TDS Equipment and software, unless you request otherwise, at the prevailing rates quoted prior to installation.
11.2.3. Subscriber Lists. You give TDS consent to use, distribute, transfer, loan, or otherwise share with other persons or entities user lists as well as aggregate information, but not contrary to any applicable laws or the TDS Broadband Privacy Policy at https://hellotds.com/privacy-policy.html. Aggregate information includes demographic data, usage patterns, preferences, survey data, or other descriptive information which does not disclose the identity of any particular user.
11.2.4. Bandwidth Usage Restrictions. TDS reserves the right to impose limits on TDS internet customers with excessive bandwidth usage via any means available to TDS. TDS defines excessive bandwidth usage, as usage that:
- places an excessive burden on the TDS network;
- is above and beyond what is considered normal usage; and/or
- can impair the TDS network and TDS’ ability to provide service to other customers.
See the TDS Acceptable Use Policy at https://hellotds.com/acceptable-use-policy.html for additional bandwidth use restrictions.
11.2.5. See the TDS Acceptable Use Policy at https://hellotds.com/acceptable-use-policy.html for additional bandwidth use restrictions Internet Service Speeds and Availability. Availability varies and speeds shown may not be available at all service addresses. Certain speeds are only offered in areas served by TDS Fiber. Speed ranges shown are expressed as “up to” to represent network capabilities between customer location and the TDS network. Most customers can expect to receive a stable speed within the range of the product purchased as allowed by the quality and capability of the connection; however, actual speeds experienced by customers vary and are not guaranteed. Some customers may receive lower than the indicated speed range. Speeds vary due to various factors, including but not limited to: distance from switching locations, network equipment, delivery technology, and external/internal network conditions. Speed tests may produce inconsistent results due to various factors, including the speed test program or website used, the number of devices connected to the customer’s modem and whether the speed test is conducted over Wi-Fi. Customers that are not receiving the indicated speeds may cancel their service without any termination charges. Additional equipment may be required and charges may apply. Plans without data caps are not available in all areas. A $15 service charge will apply to existing customers who switch plans without increasing speed or adding qualifying service. In order to maximize internet speeds above 100Mbps, a gigabit wired Network Interface Card (NIC) and/or a more advanced wireless NIC, preferably 802.11ac or higher is needed.
11.2.6. INTERNET WARNING. TDS provides access to information, via the internet, of all kinds relating to a wide variety of subjects on virtually any topic imaginable. Some of this material may be offensive, misleading, or controversial in nature. You might find some of this material offensive or inappropriate for you or for any minors who may be accessing the internet through your account. Please use good judgment when accessing the internet and supervise minors who may be using your account. For more information on this topic, please see TDS’ Acceptable Use Policy at https://hellotds.com/acceptable-use-policy.html.
11.3. Phone Services: 911/E911 Dialing.
11.3.1. Limitations. TDS phone service includes the ability to place calls to emergency dispatch operators by dialing “911” (“911/E911”) that may differ from 911/E911 functions furnished by traditional telephone service providers. As such, the 911/E911 Services may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. If you have any questions about 911/E911, please contact TDS Customer Support by visiting https://hellotds.com/support.html or calling 877-422-5282.
11.3.2. Correct Address; Phone Service Transfer. In order for your 911/E911 calls to be properly directed to emergency services, TDS must have your correct service address. If you move the Services to a different address without TDS’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, or the Services (including 911/E911) may fail altogether. You must call TDS Customer Support at 877-422-5282 at least 10 days before you move to request that your Services be transferred. All changes in service address require TDS’s prior approval. YOU UNDERSTAND AND ACKNOWLEDGE THAT TDS WILL NEED SEVERAL BUSINESS DAYS TO UPDATE YOUR SERVICE ADDRESS IN THE E911 SYSTEM SO THAT YOUR 911/E911 CALLS CAN BE PROPERLY DIRECTED.
11.4. Phone Services in General.
11.4.1. Network congestion or failures. Calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network or network equipment failure, or another technical problem.
11.4.2. Service interruptions caused by power failures. TDS phone service uses the electrical power from your service location. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE OF THE SERVICES, INCLUDING 911/E911, UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) IF TDS NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL POWER TO THE MTA IS INTERRUPTED AND SUCH DEVICES ARE NOT SUPPORTED BY A WORKING BATTERY BACKUP. You also understand and acknowledge that any battery backup used in connection with your MTA may provide power for only a limited time, that the performance of the battery backup is not guaranteed, and that if the battery is exhausted, the Services will not function until normal power is restored. You understand and acknowledge that your MTA may not have battery backup or another power source of its own.
11.4.3. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT TDS AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TDS PARTIES AND THEIR SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE SERVICES.
11.4.4. Per-call and measured-call charges. Calling plans billed on a flat monthly fee basis do not include certain call types. These call types will instead be charged on a per-call (e.g., operator services) or a measured basis (e.g., international calls). For billing purposes, a measured call begins when the call is answered by the called party or an automated answering device (such as an answering machine or fax machine); it ends when one of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. However, some providers (e.g., those involved in calls to foreign countries) charge TDS for a completed call when the called party's line rings or after a certain number of rings. In these situations, TDS will charge for the call as if it were answered by the called party. For additional information about phone rates and charges, please contact TDS Customer Support by visiting https://hellotds.com/support.html or calling 877-422-5282. International call rates are available at https://hellotds.com/support/digital-phone/international-rates.html.
11.4.5. Rounding of fractional charges. If the computed charge for a measured call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charge for taxes or surcharges includes a fraction of a cent, the fraction is rounded up to the nearest whole cent.
11.4.6. Third-party charges. TDS phone service may allow you to access “dial-up” Internet service providers, other enhanced service providers (e.g., information services accessible through 800, 888, and 877 numbers), and other third-party providers. You acknowledge that you may incur charges with such providers that are separate and apart from the amounts charged by us. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility. In addition, you are solely responsible for protecting the security of credit card information provided to others in connection with such transactions.
11.4.7. Handset and wiring. In order to use TDS phone services, you are required to provide certain Customer Equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. You may attach analog telephones to the MTA equipment described below to use the Service. TDS does not guarantee that you will also be able to attach telephones to the jacks within your premises to use the Service, but you may request TDS’ assistance in attempting to enable such use, pursuant to the terms of TDS’s Wire Protection Plan services. Additional charges may apply.
11.4.8. Equipment for Phone Service. To use your TDS phone service, you will also need an MTA certified by TDS as compatible with the Services. You can lease an MTA from TDS, in which case it is TDS Equipment. Depending on availability in your area, you may have an option to install the MTA yourself, or to have TDS install it for you.
11.4.9. You assume the risk of high-risk activities. The Services are not represented as fail-safe. They are not designed for use in situations where error-free or uninterrupted service is essential. You expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment.
11.4.10. No tampering with or relocation of equipment. You will not service, alter, modify, or tamper with TDS Equipment or with the Services, or permit any other person not expressly authorized by TDS to do so. You agree that the MTA and TDS phone service will only be used at your service address appearing in TDS’ records. You understand and acknowledge that if you attempt to install or use such equipment or TDS phone service at another location, the Services, including but not limited to 911/E911, may fail to function or may function improperly. As described in Section 11.3.2 above, you must notify TDS if you wish to relocate the MTA or transfer your TDS phone service. If you move the MTA or Services to another location without complying with Section 11.3.2, you do so in violation of the Service Agreement and at your own risk.
11.4.11. Transferring your phone number to TDS from another phone provider. If you are switching to TDS phone service from another service provider, you may transfer your existing phone number (if any) to TDS phone service, provided that (i) you request the phone number transfer when you place your order for TDS phone service; (ii) your current service provider releases your existing phone number, at TDS’ request, without delay or charge; (iii) transfer of your existing phone number to TDS phone service would not, in TDS’ view, violate applicable law or TDS’ processes and procedures; (iv) you acknowledge and agree that if your MTA is set up before the date that the number transfer becomes effective (“Port Effective Date”), you may only be able to make limited outgoing calls over the phone that you have connected to such equipment. In that event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able both to make and to receive calls using TDS’ Services; and (v) you acknowledge and agree that to avoid an interruption in your phone service, it is extremely important that you have the MTA installed on or before the Port Effective Date. Your existing phone service for the number you are transferring will be disconnected on the Port Effective Date; if your equipment is not yet activated, you will not have access to TDS phone service. Therefore, you will not have service for that phone number. If you have questions about the timing of your Port Effective Date, please contact us.
11.4.12. Transferring your phone number from TDS to another phone provider. To transfer your phone number from TDS to another service provider, you must place the transfer order through your new service provider (and not through TDS). TDS will release your phone number to your new service provider, provided that (i) your new service provider requests the transfer upon termination of your account; (ii) your new service provider is willing to accept transfer of the phone number without delay or charge; and (iii) transfer of your existing phone number to the new service provider would not, in TDS’ view, violate applicable law or TDS’ processes and procedures.
11.4.13. Regulatory limitations. You understand and acknowledge that TDS phone service may be subject to regulatory or tax treatment that differs from the regulatory or tax treatment applicable to traditional telephone service. This different treatment may limit or otherwise affect your rights of redress before federal or state regulatory or tax agencies.
11.4.14. Call Recording for Troubleshooting. If Customer reports call quality issues, TDS may deploy a tool that gives us the ability to troubleshoot at the raw packet level (the “Tool”). This includes the ability to record and playback the audio from Customer’s inbound and outbound calls and perform advanced Real-time Transport Protocol (RTP) stream analysis. The Tool will only be deployed when Customer has reported a technical issue to TDS Support, and it will be turned off as soon as the reported issues are resolved. Access to and use of the Tool is limited to a small number of TDS associates on the TDS Advanced Support team; access and use are strictly monitored by the TDS IT Security team and subject to regular audit procedures.
11.5. Wire Protection Plan
11.5.1. Overview. The Wire Protection Plan (“WPP”) is an optional service plan that covers the costs associated with diagnosing and repairing certain problems that may arise with the wiring inside your home that deliver your TDS Service(s). Unless you are receiving Services in Arizona, California, or Virginia, your WPP is governed by the terms and conditions outlined in this Section 11.6. For customers in Arizona, California, or Virginia, your WPP is governed by the applicable state tariff, which supersedes any conflicting terms in this Section 11.6.
11.5.2. Service Term and Cost. If you sign up for the WPP, you are required to keep it for a fixed term of 12 consecutive months starting on the date of activation of your Service. The cost of the WPP is $2.99 per month and it will automatically renew on a month-to-month basis unless you notify TDS that you would like to cancel it by calling TDS Customer Support at 877-422-5282. If you decide to terminate your WPP before the end of its 12-month term, TDS may charge you a $50.00 early termination fee. To continue your coverage and avoid any early termination charges, you must continue to pay for the WPP even during periods that your Services are suspended.
11.5.3. What Wiring is Covered? The WPP covers all wiring starting at the demarcation point and ending at the telephone jack, internet modem, or TV/video receiver (e.g., set-top box) in your home (collectively, “Covered Wiring”). Depending on what type of facilities are installed on your property, the demarcation point is the gateway, the wall-mounted network interface device (NID) on the outside of your home, or the optical network terminal (ONT). If you live in a building with multiple dwelling units such as an apartment building, condominium complex, dormitory, co-op, etc. (an “MDU”), the demarcation point is the wall jack or outlet where the TDS Service enters your individual unit.
11.5.4. What Costs are Covered? Subject to the exclusions listed in Section 11.5.5, the WPP covers all costs associated with:
a. Troubleshooting the reported problem;
b. Repair and replacement of Covered Wiring;
c. Replacement of fittings, splitters, amplifiers, and cable outlets originally installed in accordance with accepted industry standards, as determined by TDS;
d. Wiring installed by TDS when your Services were installed;
e. Customer education about TDS Services and TDS Equipment;
f. Damage caused by animal chews or other factors outside your control;
g. Damage that you cause by accident;
h. Identification of incorrect customer connections; and
i. Identification of unauthorized outlets or jacks.
11.5.5. Exclusions. The WPP does not cover the following:
a. Analysis, repair, or replacement of Customer Equipment;
b. Repair of equipment that you installed, except for equipment approved by TDS for self-install;
c. Replacement of installed cable wiring that does not meet accepted industry standards or is unfit for use in delivering cable services, such as doorbell or speaker wire;
d. Rewiring after catastrophic events like fires, floods, earthquakes, explosions, etc.;
e. Intentional damage;
f. Illegally-installed wiring;
g. Wall fishing or wall punching;
h. Conditions that already existed at the time you subscribed to the WPP;
i. New jacks, first-time installation of wiring;
j. Wiring not used to provide a TDS Service;
k. Outlets or wiring not activated or originally installed by an authorized TDS technician; and
l. In an MDU, shared wiring that delivers services to multiple units, not just your unit.
11.5.6. How it Works. If you encounter a problem with your TDS Service(s), TDS will send a technician out to your home to investigate. If TDS’ investigation confirms that there is a problem with your Covered Wiring that is covered by the WPP, TDS will repair the problem at no cost to you. If you are not enrolled in the WPP, TDS will charge you on a time and materials basis for all diagnostic and repair work performed. TDS will perform all work in a manner that is consistent with generally accepted industry standards.
11.5.7. Suspension or termination of the WPP. TDS may immediately, and without prior notice, suspend or discontinue your WPP if (a) TDS is no longer providing TV/video, internet or phone service to you; (b) any misuse or abuse of the Services occurs; or (c) a hazard or danger to person or property exists that would prevent TDS’ technicians from performing the work in a safe manner. Subject to applicable law, TDS may discontinue the WPP or modify any of these terms and conditions at any time in its sole discretion. TDS will provide 30 days' prior written notice of any material changes in the terms and conditions governing the WPP. This notice may be included in your monthly bill.
11.5.8. Limitation of liability. TDS shall not be liable for any injuries to persons or property arising out of installation, maintenance, repair or any other work performed in connection with the WPP. Further, TDS shall not be liable for any other damages arising from your use or inability to use your inside wiring, whether covered by WPP or otherwise, including, but not limited to, indirect, incidental, special or consequential damages.
11.6. TV/Video Services
11.6.1. Programming availability. Certain Services that we transmit, including but not limited to some subscription Services, sporting events, and broadcast network Services, may be blacked out in your area of reception. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action. You must be at least 18 years of age, or the applicable age of majority where you reside, in order to receive adult-oriented programming services.
11.6.2. Set-top boxes. Some models of TV receivers or videocassette recorders may not be able to receive all of the channels offered on TDS’ system. Channel compatibility problems may occur if equipment like TVs and VCRs are connected directly to the cable system. Use of a set-top box typically resolves these problems. Channel compatibility problems associated with the reception of programming that is not scrambled or encrypted programming can be resolved by using a simple converter device without descrambling or decryption capabilities. Converters are available from TDS and may be available from retail outlets in some areas. If your service is received through a set-top box, you may not be able to use special features and functions on TVs and VCRs. For example, some set-top boxes may not be compatible with TV or VCR features that allow you to view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; or use advanced picture generation and display features such as “Picture-in-Picture.”
11.6.3. Additional set-top boxes. To independently tune additional televisions or broadcast devices, a separate set-top box is required for each television. Each additional set-top box will be authorized to receive the same Services as your initial receiver. If you desire to receive Services at two different locations, you must open a separate account for each location.
11.6.4. Remote control devices. Remote control devices available from retail outlets may be compatible with set-top boxes available from TDS. A list of models of remote control devices that are compatible with TDS’ set-top boxes are listed at www.hellotds.com.
11.6.5. CableCARDs. You may rent a conditional access card (“CableCARDs”) from TDS. We rent CableCARDs for use in customer-owned retail CableCARD-ready devices. Some of TDS’ rented set-top boxes also include CableCARDs inside, and the same portion of TDS’ rent rates for those devices is attributable to the CableCARD.
11.6.6. Downloads. TDS reserves the right to alter software in the equipment, and provide content to DVR products, through periodic downloads. TDS will use commercially reasonable efforts to schedule these downloads in a manner that result in the least amount of interference with or interruption to your Service.
11.6.7. Ordering pay-per-view or on-demand Services. You may order pay-per-view or on-demand Services by using your on-screen program guide and remote control unit to select the movies and other events we offer. To order pay-per-view or on-demand Services, your digital receiver must be connected to TDS’ RF return path or a telephone outlet. You may also order special events and pay-per-view Services over the telephone by calling TDS Customer Support at 877-422-5282.
11.7. TDS TV+ Products and Services
11.7.1. Limited License; Functionality and Updates. TDS grants you a personal, non-commercial, and non-exclusive license to (1) use software that is embedded in (or downloaded to) TiVo products, and (2) access and use the hosted services provided to you in conjunction with the TiVo service using authorized TiVo products. TiVo products are intended for your private, non-public, home use (where no admission fee is charged). Features and functionality are subject to change. TDS reserves the right to determine the timing and content of software updates, which may be automatically downloaded and installed by TiVo products without prior notice to you.
11.7.2. Prohibited Activity. When using TiVo products and services, you may not do any of the following (except to the extent permitted by applicable law): (a) modify, reverse engineer, decompile, or otherwise attempt to derive the source code, structure, design, or method of operation of software that we provide to you; (b) modify, disassemble, or otherwise tamper with any TiVo product; (c) disguise the place of your residence or the location of your use; or (d) attempt to circumvent technological measures or gain unauthorized access through hacking, password mining or any other means.
11.7.3. Authorized Use. Use of streaming/downloading functionality is for your personal and private use. Unauthorized transfers or distribution of copyrighted works is a violation of these terms and may be a violation of copyright. There are penalties for copyright infringement if you violate applicable copyright laws. In order to stream and/or transfer content (such as from one TiVo device to another, or from a TiVo device to your mobile device), your devices may all need to be on the same local network.
11.7.4. Open-Source Software. To the extent required by the license for the open-source components of a TiVo product (“Open-Source Software”): (i) the terms of such license will apply to such Open-Source Software instead of the terms of the license grant above; and (ii) any restrictions prohibited by such license that are contained in this section will not apply to such Open-Source Software. Acknowledgements, licensing terms, and disclaimers for TiVo products are contained in a “Legal Notices” or similar screen.
11.7.5. Ownership of Intellectual Property. TDS and its suppliers retain title to and ownership of the TiVo products and services and certain intellectual property rights in and to the TiVo products and services. TDS and its suppliers also retain ownership of all copyrights and trademarks in and on the TiVo products and services. Without limiting the foregoing, all TiVo copyrights and trademarks are the exclusive property of TiVo Inc. TiVo Inc. is an intended third-party beneficiary of these additional TDS TV+ terms and conditions.
11.7.6. Termination of TiVo Products and Service for Breach. If you fail to comply with these terms, TDS may terminate this license to use the TiVo products and services and may terminate your use of the TDS TV+ products and services.
11.7.7. Disclaimer of Warranties and Other Liabilities. You understand and agree that TDS and TDS’ suppliers have no warranty obligations or other liabilities to you. Except for those liabilities that may not be disclaimed under applicable law, TDS disclaims all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with any TiVo product or service or the TDS TV+ products or services: (i) on behalf of and for the benefit of TDS’ suppliers; and (ii) for itself.
12. Miscellaneous
12.1. Entire Agreement; Term
These Residential Terms of Service together with each document incorporated herein by reference constitute the entire understanding of the parties with respect to the provision of the Service. Unless specifically exempted, the Service(s) shall also be subject to all general regulations applicable to the provision of such Service and rates charged for such Service by TDS as authorized by applicable state law and/or the governing tariff or franchise agreement, including late payment fees, termination charges, and related expenses. Any and all representations, promises, warranties or statements by any TDS agent that differ in any way from the Service Agreement shall have no force or effect.
12.2. Severability
If any portion of the Service Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Service Agreement, including the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
12.3. TDS Rights and Remedies; No Waiver by TDS
Nothing contained in the Service Agreement shall be construed to limit TDS’ rights and remedies available at law or in equity. TDS's failure to assert a right under the Service Agreement or enforce strict performance of any provision of the Service Agreement shall not constitute a waiver of that right or excuse your subsequent failure to comply with such term or condition.
12.4. Governing Law
The Service Agreement shall be governed by and construed in accordance with the laws of the State where the Services are performed (without giving effect to conflicts of law).
12.5. Assignment
Neither the Service Agreement nor any of your rights or obligations arising under it shall be transferable or assignable by you to any third party without TDS's prior written consent. TDS shall have the right to assign all or part of its rights and obligations under the Service Agreement without notice to (i) any affiliate of TDS; (ii) to any party (or its affiliate) acquiring all or substantially all of the assets or stock, by merger, or otherwise, of TDS or any affiliate of TDS; or (iii) to any person or entity purchasing or otherwise acquiring the affiliated TDS TV/video system serving your home.
12.6. Amendment
No amendment or modification to the Service Agreement by you shall be valid or binding on TDS unless made in writing and signed by an authorized representative of TDS. The Service Agreement shall at all times be subject to such modifications as a state commission and/or the FCC may require under their respective jurisdictions.
12.7. Survival.
All representations, warranties, disclaimers, indemnifications, and limitations of liability contained in the Service Agreement shall survive its termination; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
12.8. Public Inspection Files.
You may access TDS’ public inspection file here: https://publicfiles.fcc.gov/.
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