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THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE
DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE
THAT YOU CANNOT PAY THE FILING FEE, VERIZON WILL PAY
THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION
PROCEEDS, WE’LL ALSO PAY ANY ADMINISTRATIVE AND
ARBITRATOR FEES CHARGED LATER.
(5) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING
IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS
ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY’S
RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION
PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE
WILL ASSIGN AN EMPLOYEE WHO’S NOT DIRECTLY INVOLVED
IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT.
THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A
MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS
ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID
IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION
OR LAWSUIT. IF YOU’D LIKE TO KNOW MORE, PLEASE CONTACT
US AT VERIZONWIRELESS.COM OR THROUGH CUSTOMER
SERVICE. IF YOU’D LIKE TO START THE MEDIATION PROCESS,
PLEASE GO TO VERIZONWIRELESS.COM OR CALL CUSTOMER
SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND
MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS
ON THE FORM.
(6) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN
SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION
HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER
MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE
ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON’T
ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN
AMOUNT OF MONEY THAT’S MORE THAN OUR OFFER BUT LESS
THAN $5,000, OR IF WE DON’T MAKE YOU AN OFFER, AND THE
ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS
THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD
OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE
TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES,
REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR
CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000,
THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(7) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT
APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY
OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(8) IF FOR SOME REASON THE PROHIBITION ON CLASS
ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT
BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN
THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT
DISPUTE OR PART OF THE DISPUTE.
(9) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER
THAN THROUGH ARBITRATION, YOU AND VERIZON AGREE
THAT THERE WILL NOT BE A JURY TRIAL. YOU AND VERIZON
UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN
ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE
EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO
SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
XII. STATE SPECIFIC PROVISIONS
A. For residents of California, if you cancel this Service Contract thirty
(30) days after receipt of this Service Contract, and no claim has
been made hereunder you will receive a full refund of any amounts
paid for it. If we fail to provide you with a refund within thirty (30)
days of you notifying Verizon Wireless that you wish to cancel you
are entitled to receive an extra ten percent (10%) for each month,
or fraction thereof, in which your money is not refunded.
B. For residents of Connecticut, you may file a claim with Liberty
Mutual Insurance Company, 175 Berkeley Street, Boston,
Massachusetts 02116 directly if Verizon Wireless fails to
perform according to the terms hereof. The second Section VIII.
is deleted and replaced with the following: “You may terminate
this Service Contract at any time for any reason by visiting any
Verizon Wireless operated retail location, calling (866) 406-5154
(toll free from a landline phone), or by visiting the MyVerizon
page at verizonwireless.com and requesting cancellation.” Any
disputes between Verizon Wireless and residents of Connecticut
arising under this Service Contract shall be decided by an
arbitration process. A written complaint containing a description
of the dispute, the purchase price, and a copy of the Service
Contract form can be mailed to: State of Connecticut, Insurance
Department, P.O. Box 816,Hartford, CT 06142- 0816, Attn.:
Consumer Affairs.
C. For residents of Georgia, this Service Contract can only be
terminated by Verizon Wireless before the expiration of the monthly
term for fraud, material misrepresentation or your failure to pay
amounts due hereunder. You may file a claim with Liberty Mutual
Insurance Company, 175 Berkeley Street, Boston, Massachusetts
02116, directly if Verizon Wireless does not honor your claim
within sixty (60) days after you filed your proof of loss. All
cancellations will conform to OCGA 33-24-44. Section XI. of this
Service Contract does not preclude you from bringing issues to
the attention of federal, state, or local agencies or entities of your
dispute. Such agencies or entities may be able to seek relief on
your behalf.
D. For residents of Kentucky, you may file a claim with Liberty Mutual
Insurance Company, 175 Berkeley Street, Boston, Massachusetts
02116, directly if Verizon Wireless does not honor your claim within
sixty (60) days after you filed your proof of loss.
E. For residents of Nevada, Verizon Wireless may not terminate
this Service Contract before the expiration of the monthly term,
if the Service Contract has been in effect for seventy (70) days,
except if you: (1) fail to pay an amount when due; (2) commit
fraud or make a material misrepresentation in obtaining this
Service Contract, or in presenting a claim; or (3) perform any
act or omission or violate any condition of this Service Contract
after its effective date that substantially and materially increases
the service required under this Service Contract. If we fail to
pay the cancellation refund as stated in Section VIII., the penalty
will be ten percent (10%) of the purchase price for each thirty
(30) day period or portion thereof that the refund and any
accrued penalties remain unpaid. In the event you do not receive
satisfaction under this Service Contract, complaints or questions
about this Service Contract may be directed to the Nevada
Department of Insurance, telephone (888) 872-3234.
F. For residents of New Hampshire: In the event you do not receive
satisfaction under this contract, you may contact the New
Hampshire Insurance Department at 21 South Fruit Street,
Suite 14, Concord, New Hampshire 03301 or (603) 271-2261.
Section XI. of this Service Contract is subject to Revised Statutes
Annotated 542.
G. For residents of New Mexico, Verizon Wireless may not terminate
this Service Contract before the expiration of the monthly term,
if the Service Contract has been in effect for seventy (70) days,
except if you: (1) fail to pay an amount when due; (2) commit fraud
or make a material misrepresentation in obtaining this Service
Contract, or in presenting a claim; (3) are convicted of a crime that
results in an increase in the service required under this Service
Contract; or (4) perform any act or omission or violate any condition
of this Service Contract that substantially and materially increases
the service required under this Service Contract.
H. For residents of New York, notwithstanding Section V. of this
Service Contract, Verizon Wireless does not provide any repair or
replacement services in its stores in New York City, New York. If you
have any questions about repair or replacement services, contact
Verizon Wireless at (866) 406-5154 (toll free from a landline phone).
I. For residents of North Carolina, Verizon Wireless may terminate
this Service Contract before the expiration of the monthly term
only if you fail to pay an amount when due or you violate any