(Updated November 23, 2021)
PLEASE NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT. PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH TDS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND REQUIRE YOU TO FOREGO JURY TRIALS, CLASS ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS, INCLUDING THOSE OF THE ARBITRATION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. Service Agreement
1.1. The content, organization, graphics, design, compilation and other matters related to the TDS websites or otherwise 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 for use solely by You for your own personal use and not for any other use, including any copying, publication, republication, distribution, assignment, sublicense, sale, or preparation of derivative works. For the avoidance of doubt, the copying, publication, republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use by You of any TDS Content 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).
1.2. 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.
1.3. 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 our Acceptable Use Policy.
1.4. 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 through our notification process.
1.5. 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 by U.S. Mail or courier service at the address You provided TDS when You registered for the Service, and general posting to TDS' Web sites. The following is a list of current Web site addresses: www.tdstelecom.com and www.tds.net. Message and data rates may apply with regard to text messages. 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 (4th) calendar day following the date of first-class mailing or deposit with a commercial 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.
1.6. As a TDS customer, You are responsible for all activities that occur in relation to Your account. TDS provides You with a limited, non-exclusive license to user names 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 is Yours and Yours alone, whether this use was intentional or unintentional. Misuse or unlawful use of any equipment, Internet access or Services provided by TDS 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.
1.7. 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.
1.8. You are responsible for the security of all Services provided by TDS. Because TDS holds You responsible for the activity on Your account, You will also be held responsible for actions on your account performed by others who have acquired Your passwords or access to Your systems without Your knowledge.
1.9. With respect to each electronic mail address assigned to You by TDS, TDS reserves the right to deny delivery of any new email transmissions until Your electronic mail address information storage is reduced to below the maximum capacity. Refer to www.tds.net for product detail on email storage.
1.10. In order to maintain an account with TDS, You must be 18 years of age or older. By agreeing to these Terms, 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.
1.11. 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, our Customer Service Staff 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 our satisfaction, TDS reserves the right, in its sole discretion, to suspend and/or terminate Your Internet access.
1.12. Bandwidth Usage – 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 here for additional bandwidth use restrictions. Click here for additional restrictions that apply to customers in the following locations: Oakman, AL; Quartzsite, AZ; Hornitos, CA; Hyden, KY; St. Stephen, SC; The Island, ME; Island, MI; Leakesville, MS; Stonewall, OK; North, SC; Norway, SC; Williston, SC; and Salkum, WA.
1.13. You understand and agree that the Service 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, nor allow others to use, the 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.
1.14. 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. No Data Caps - 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.
1.15. Right of Entry - TDS may need to access Your private property for purposes of installing, maintaining, upgrading, and repairing the telecommunications and/or cable equipment (collectively, the “TDS Equipment”) necessary to provide the Services. By ordering a Service or requesting a service visit by a TDS technician, You are granting TDS and its subcontractors permission to access Your property to the extent necessary to perform this work, or any work outlined in 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. Without limiting any other provisions of these Terms, You agree to indemnify TDS from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.
1.16. TDS Equipment - You are prohibited from moving, modifying, or otherwise tampering with any TDS Equipment without TDS’ consent. If any TDS Equipment is damaged due to Your intentional acts, negligence, or use inconsistent with these Terms, as determined by TDS, You will be responsible for the cost of its repair or replacement. You agree that You will use the TDS Equipment only for the purpose of receiving the Services, and not for any other purpose. Upon termination of the Services, unless otherwise directed by TDS in writing, You shall return all TDS Equipment in good working condition to TDS, or You will be responsible for the full cost of the equipment.
2. Financial Responsibility
2.1. You agree to 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. Customer authorizes TDS to obtain credit and/or employment or trade information to verify creditworthiness.
2.2. You agree to 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, setup fees, monthly or yearly usage fees (or other rate plan selected), early termination charges, late payment fees, invoice surcharges, cashier's check fees, returned check fees, other special money transfer fees, deposits, if applicable, or software purchases. Service fees and rates established for TDS Long Distance are set forth at www.tdstelecom.com. Otherwise, Service fees to be paid by You to TDS for the Service shall be established at the published rate and terms and by TDS Long Distance and local tariffs, where applicable. Setup fees are non-refundable. Customer deposits plus any accumulated interest will be refunded to customer upon or prior to termination of Service.
2.3. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on Your account. TDS shall have the right to bill and collect any applicable taxes where required by law.
2.4. 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 (subject to local applicable tariffs, and not to exceed to the maximum allowable rate permitted by applicable state law). 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.
2.5. Unless otherwise provided by written agreement between You and TDS or by local tariff, TDS reserves the right to change its rates or institute new charges or fees for the Service at any time upon 30 days notice to You. Notice will be provided in accordance with Section 1.5 above. Current prices for any TDS Service can be obtained by calling the phone number provided on Your monthly bill.
2.6. If any instrument received in payment is returned to TDS unpaid, Your account will be considered to be in default, and in addition to the amount past due and any late payment fees due, You will be subject to the bank's current returned check charge and any applicable TDS returned check charge. In addition, if You default on Your account, You shall also be subject to pay to TDS its reasonable expenses, including attorneys' fees and collection agency fees, incurred in enforcing its rights under these Terms, including the Acceptable Use Policy.
2.6.1. If You pay by credit card, You expressly authorize TDS to charge the credit card account number associated with Your account for any Service charges. If You choose recurring credit card payment, You reauthorize TDS to charge Your designated credit card account each time You use the Service. This authorization will remain valid until You terminate Your authorization in writing. If Your credit card is declined, You will be subject to a non-sufficient funds fee of up to $30. In addition, 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.
2.6.2. TDS offers a Rush Payment option through the use of a third party when You pay by ACH or credit card. A Rush Payment applies Your payment to Your account the day of the transaction. Rush payment options incur a processing fee. If the payment option You choose requires a processing fee, TDS will disclose to You at the time of transaction the processing fee charged by third-party merchants for the expedited payments. Rush Payments through our third-party vendor are available through TDS online. The processing fee from our third-party vendor will appear as a separate charge on Your bank and/or credit card statement.
2.6.3. TDS also offers an Interactive Voice Response (IVR) automated telephone payment option when You pay by ACH or credit card. You will be required to 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 card statement.
2.7. You must contact TDS at the phone number provided on Your monthly statement within 60 days of the invoice or transaction date of any charge if You believe TDS has made a billing error. Refunds, credits or adjustments may not be given for any charges which are more than 60 days old. [Note, TDS Long Distance customers must provide such notice within 3 months of the date of the applicable invoice.] All refunds will be remitted to You in the form of a prepaid Mastercard or Visa card that lets you purchase goods and services from merchants that accept Mastercard or Visa debit cards. 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 FOR DETAILS.
2.8. You are responsible for all financial transactions made between Your account and third parties using TDS Services, knowingly or unknowingly. Please keep Your password confidential, and ensure You know of 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.
2.9. 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.
3. Termination of Agreement
3.1. You may change or cancel Your Service by the following means only: (i) first-class registered or certified mail, return receipt requested addressed to TDS, Account Termination, P.O. Box 628396, Middleton, WI 53562; or (ii) by calling the telephone number on Your monthly statement.
3.2. Subject to payment of any applicable early termination or equipment charges, You shall have the right to terminate Your Service(s) and Your acceptance of these Terms at any time with or without cause upon notice to TDS as described above. You will still be responsible for any outstanding charges (including any applicable fees and surcharges) for Services provided by TDS prior to notice of cancellation. If You terminate Service before expiration of the term of Service You originally ordered, You may be required to pay an early termination charge. The early termination charge will be an amount equal to the applicable charge for Service as if You had initially ordered the Service at the most recently expired term offered for Service, or the amount specified in the applicable promotional terms and conditions. Any refund due You will be adjusted to reflect the higher service charge applicable to the shorter term.
3.3. TDS may terminate or suspend Service for any delinquent account. In the case of suspension, standard charges for the Service (including any applicable fees and surcharges) shall continue to accrue until the account is cancelled by You as described in Section 3.1. Reactivation fees may apply if Your Service has been terminated or suspended. Reconnection of Service may take up to 72 hours (or longer).
3.4. TDS may immediately terminate or suspend Service at any time for a violation by You of these Terms, including the Acceptable Use Policy. In addition, TDS may remove or refuse material posted by You if we believe, in our sole discretion, that it infringes on another's property rights.
3.5. Subject to restrictions under applicable law, if any, You shall be responsible for the full monthly charges (without pro-ration) for those Services that are offered on a monthly subscription basis to which You are subscribed, regardless of Your termination of such monthly Services prior to the conclusion 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.
4. Limitation of Liability and Indemnification
4.1. If You are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, Your sole and exclusive remedy against TDS or the TDS Affiliated Parties is to terminate these Terms and discontinue using the Service by canceling the account by following the procedures described in these Terms.
4.2. 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. TDS AND TDS AFFILIATED PARTIES HAVE 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. IN PARTICULAR, BUT NOT AS A LIMITATION OF THE PROVISIONS ABOVE, TDS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, 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. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PROVISION OF SERVICES OR ITS PERFORMANCE MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.
4.3. 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"). 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 OUR PROVISION OF THE SERVICE SHALL NOT EXCEED THE FEES YOU HAVE PAID IN THE PREVIOUS TWELVE (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.
4.5. You agree to defend, indemnify, and hold TDS and TDS Affiliated Parties harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of these Terms by You or those who access the Service(s) through Your account, and the use of the Service or the Internet and 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.
5.1. Arbitration Agreement
BY AGREEING TO THESE TERMS, 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.
5.2. 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 THESE TERMS, 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 THESE TERMS.
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 the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 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.
5.3. Rules and Governing Law
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.
Notwithstanding any choice of law or other provision in the Terms, 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 6.4 below.
5.4. Arbitration Process
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.
We 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.
5.5. 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.
6.2. If any portion of these Terms is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) 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.
6.3. TDS's failure to assert a right under these Terms or enforce strict performance of any provision of these Terms shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by You.
6.4. These Terms 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).
6.5. Neither these Terms, nor any of Your rights or obligations arising hereunder, 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 these Terms.
6.6. No amendment or modification to these Terms by You shall be valid or binding on TDS unless made in writing and signed by an authorized representative of TDS.
6.7. Any and all representations, promises, warranties or statements by any TDS agent that differ in any way from these terms and conditions shall have no force or effect. These Terms shall at all times be subject to such modifications as a state commission and/or the FCC may, from time to time, require under their respective jurisdictions.
6.8. Unless specifically exempted, Service shall be subject to all general regulations applicable to the provision of Service and rates charged for such Service by TDS and stated in its general tariff, including late payment fees, termination charges, and related expenses.
7. Additional Terms and Conditions Applicable to TDS TV+ Products and Services
7.1. 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. We reserve 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.
7.2. 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.
7.3. 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.
7.4. 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.
7.5. 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.
7.6. 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.
7.7. 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.