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Verizon Cloud - Terms & Conditions

Thanks for choosing Verizon Cloud. Your use of Verizon Cloud service and related software and applications (the "Service") is subject to the following terms and conditions. These terms contain important information about the Service, including our ability to make changes to your Service and these terms, and our liability if things don't work as planned, and how any disputes between us must be resolved in arbitration or small claims court.

These terms form a legally binding agreement ("Agreement") between you and Cellco Partnership d/b/a Verizon Wireless ("Verizon", "Verizon Wireless", "We", "Us", "Our"). By using the Service, you accept this Agreement, which may be modified by Us from time to time. By continuing to use the Service after We have notified you of changes, you're agreeing to accept those changes. By using the Service, you agree that you are 18 or older or your parent or guardian has consented to this Agreement. Here are some other important things We want you to know about the Service.

* VERIZON ONLINE CUSTOMERS: YOUR USE OF VERIZON CLOUD IS SUBJECT TO THE TERMS OF SERVICE THAT YOU ACCEPTED AS PROVIDED BY VERIZON ONLINE AND THIS AGREEMENT IS INCORPORATED BY REFERENCE THEREIN.

  1. Account Security. You are solely responsible for any use of the Service on any devices. We expressly disclaim any liability for damages you may incur in connection with any unauthorized use. To help reduce the possibility of unauthorized use, We strongly recommend implementing security measures, such as a screen lock or a unique password that others won't easily guess, on any device from which you plan to access the Service.

  2. Privacy. We may use information about your activity in the Service subject to the Verizon Privacy Policy.

  3. How the Service Works. You can access the Service through the Verizon Cloud mobile application (the "Mobile App"). If you are a Verizon customer, you can also access the Service by (i) logging into My Verizon or (ii) downloading computer software from Our Website (the "Computer Client"). If you are not a Verizon customer, you can also access the Service by logging into the web portal you used to sign up for the Service. Not all Service features are available through all access methods. Data used when using the Service will be billed per the terms of your wireless data plan/feature. You may choose to store, manage, access and share content that you have created or that you otherwise have the right to store, manage, access and share using the Service ("Content"). Your device type (e.g., smartphone, tablet) and operating system (e.g., Android, iOS) determine: (i) the types of Content you can back up, (ii) the device locations from which Content is backed up, and (iii) whether Content is manually or automatically backed up. See the Service FAQs for more details. When using the Mobile App, a small amount of data may be used to collect non-personally identifiable information to help us analyze or improve the Service. If you choose to sync text and multimedia messages, the initial sync will include only messages transmitted during the last 90 days. After that, any new messages will be synced in accordance with the schedule you select.

    Your ability to view and delete Content in the Service varies by Content type:

    • Messages and call logs can only be viewed and deleted in the applications in which they were created. They will be stored in the Service until the following actions occur: (i) you delete them on your device and (ii) you complete a manual backup (or your next automatic backup occurs).

    • Contacts can only be viewed and deleted in the application in which they were created, in My Verizon or in the web portal. They will be stored in the Service until the following actions occur: (i) you delete them on your device, in My Verizon or in the web portal and (ii) you complete a manual backup (or your next automatic backup occurs).

    • Pictures, videos, music and documents can be viewed and deleted in the Service. Deleting these types of Content on your device will not delete them in the Service, and deleting them in the Service will not delete them on your device.

  4. Shareable Cloud Storage Plan. We offer a shareable plan for Verizon postpaid wireless consumer accounts only. Members on a shareable plan will only be able to share storage capacity, but will not have access to view or manage each other's Content. Only an Account Owner or Account Manager can add a shareable plan onto an account. All account members with eligible devices will be automatically added to their account's shareable plan, unless a member is already subscribed to an individual Cloud plan, in which case the Account Owner/Manager can choose to move such member onto the shareable plan or keep the member on an individual Cloud plan. If the Account Owner/Manager adds the member onto the shareable plan, the member's individual plan will be cancelled and subject to a prorated refund. An account member cannot be subscribed to both an individual and shareable plan at the same time. Any member can choose to leave the shareable plan and/or switch to an individual storage plan at any time. Only the Account Owner and Account Manager of the wireless account will be able to view the total storage amount being used by the members on the shareable plan.

  5. Termination. We may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice. We may also limit, suspend, terminate or discontinue your use of or access to the Service or certain features or functions of the Service, at any time without notice. If you breach this Agreement, your right to use the Service shall terminate immediately and without notice.

    If you are a Verizon customer and your wireless account is terminated, your Verizon Cloud account will automatically terminate.

    NOTE: BEFORE YOU DELETE YOUR CONTENT OR DISABLE THE MOBILE APP OR COMPUTER CLIENT, PLEASE DOWNLOAD ANY CONTENT THAT YOU WISH TO SAVE. WE ARE UNABLE TO RESTORE CONTENT FROM A TERMINATED ACCOUNT AFTER 30 DAYS FOLLOWING TERMINATION.

  6. IMPORTANT NOTICE TO VERIZON CUSTOMERS TO SET UP A VERIZON CLOUD PROFILE. You can continue to access Verizon Cloud even if you cancel your Verizon Wireless account. It is, however, important that while you are associated with a Verizon Wireless account you set up an individual Verizon Cloud profile using an email address and password so that We can provide you with a reactivation link to continue access to your Content within 30 days of your disconnect date. Any member on your Verizon Wireless account who has the Verizon Cloud Service enabled should also set up an individual Verizon Cloud profile using an email and password so that they can also continue to access their Content. See Service FAQs for more details on why We ask you to complete your profile and how you can restore Content to a new Verizon Cloud account after you are no longer on the Verizon's wireless network.

    Your Verizon Cloud profile must be created prior to termination of your Verizon Wireless account.

    NOTE: WE VALUE YOU AS A VERIZON CUSTOMER. IF, HOWEVER, YOU CHOOSE TO CANCEL YOUR VERIZON WIRELESS ACCOUNT, THEN BEFORE DOING SO, PLEASE DOWNLOAD ANY VERIZON CLOUD CONTENT THAT YOU WISH TO SAVE. WE ARE UNABLE TO RESTORE CONTENT FROM A TERMINATED ACCOUNT AFTER 30 DAYS FOLLOWING TERMINATION OF YOUR VERIZON WIRELESS ACCOUNT.

  7. Content. By using the Service, you grant a non-exclusive, fully-paid and royalty-free, sub-licensable, assignable, irrevocable worldwide license to provide all facilities and to enable those facilities to take all actions with respect to Content that may be necessary or reasonable to provide, or to facilitate the provision of, the Service, pursuant to any current and future patents, copyrights and trademarks owned or licensable by You, to the extent necessary for Us to exercise any license right granted herein, including, without limitation:

    • storing and retrieving the Content;
    • making the Content available to You;
    • conforming to connecting networks' technical requirements;
    • transferring your Content from one mobile device you own to another mobile device you own; and
    • transcoding Content into a viewable or otherwise appropriately perceptible format.

    "Metadata" includes information about various characteristics of Content. Metadata may include the file name, the file type, the date and time the file was created, and any location information that is included in the file, such as in photos taken with a phone that has location settings turned on ("Location Metadata"). By using the Service, you grant Us the right to access, analyze and use Metadata, including Location Metadata, to provide the Service, including features and options to optimize the display, appearance and organization of Content.

    You are solely responsible for your Content and your actions in connection with your or other users' Content. By choosing to share Content with others via any means, including messaging or social media applications or other services, you are making your Content publicly available. You represent and warrant that you have the right to publicly share your Content, and to permit and enable others to access, distribute, copy, transmit, download, stream, perform or otherwise use your Content without your prior knowledge or consent, and you expressly authorize all of those actions. We are not responsible for and expressly disclaim any liability for actions taken by you or others in connection with Content that you choose to share, view, or otherwise access through the Service. We don't control or endorse your or other users' Content. By using the Service, you may be exposed to content that you find offensive, indecent or otherwise objectionable. We are not obligated to screen or monitor Content, but We reserve the right to do so, and to suspend or restrict sharing of Content that is identified as copyrighted. We may also remove Content without notice and in Our sole discretion. If you choose to use the Service to transfer Content between your mobile devices using a WiFi network, you are solely responsible for ensuring the security of the WiFi network that you use.

  8. Payment. If you are a Verizon customer, any monthly fees for the Service will be billed to your Verizon account. Billing and payment terms are set forth in the Customer Agreement you entered into with Us when you signed up to be Our customer. You may be eligible to use Verizon Cloud for free for the first 30 days, after which you will be automatically billed the applicable monthly recurring charge for the Verizon Cloud storage plan you are enrolled in. You may cancel the Service at any time before the free period ends to avoid being charged, using any of the following cancellation methods: in the Mobile App, in My Verizon online or mobile app, at a retail store or by calling customer service.

    If you are a Verizon Prepaid customer, you can purchase the Service by adding it to your Verizon Prepaid account. You must have a sufficient account balance at the time of each monthly renewal to cover your monthly Verizon Cloud charges in addition to your monthly access fee and any other monthly charges you have added to your account. Your monthly Verizon Cloud charges will be due on the same date as your account's monthly renewal date. If you have insufficient funds in your Prepaid account to cover all applicable charges as of the renewal date, all of your services on the account, including the Cloud Service, may be suspended and your Content will be archived. If your Prepaid account has been terminated after suspension, your Cloud account will also be terminated and your Content will be permanently deleted. If your Verizon Cloud account is terminated for any reason before your account's monthly renewal date, you will not receive a refund for any days remaining in your billing cycle.

    If you are not a Verizon customer, you can purchase the Service by charging it to your credit card or payment card/account. Not all forms of payment forms may be accepted by Verizon at the time you are purchasing the Service. The charges, including any taxes and surcharges, if applicable, will be billed one month in advance and will appear on your credit card or payment card/account bill. By accepting this Agreement you are authorizing Verizon to automatically charge your credit card or payment card/account on your due date each month for the total balance due. When you provide your payment information, you authorize Us (or a third party payment processor) to process and store your payment and related information. You are responsible for resolving any problem we encounter in order to proceed with your purchase. You also agree that Verizon may receive updated card account information from your card issuer. Verizon does not charge for this payment program at this time; however, you should check with your bank to see if it may charge fees for automated payments from your account. Verizon reserves the right upon notification to terminate this payment program at any time.

  9. Third Party Services. When using the Service, you may access applications, content or services provided by other companies or individuals ("Third Party Service"). You may also have the option to access the Service from a Third Party Service or to allow a Third Party Service to access your Verizon Cloud account; for example, so you can access, store or share your Content using the Third Party Service, or to store Content from the Third Party Service in your Verizon Cloud account. You may disable links to some Third Party Services at any time in the Settings of the Mobile App. We reserve the right to stop supporting links to any Third Party Service at any time without notice. Your use of Third Party Services may be subject to additional terms of the Third Party Service provider, such as a separate privacy policy or user agreement. Your use of "Stories" in the Mobile App is subject to RealNetworks, Inc.'s Terms of Service and Privacy Policy. Your use of "Prints & Gifts" in the Mobile App is subject to FUJIFILM North America Corporation's Terms of Service and Privacy Policy. BEFORE YOU LINK YOUR VERIZON CLOUD ACCOUNT WITH A THIRD PARTY SERVICE OR AUTHORIZE A THIRD PARTY SERVICE PROVIDER TO ACCESS YOUR VERIZON CLOUD ACCOUNT, IT IS YOUR RESPONSIBILITY TO UNDERSTAND HOW A THIRD PARTY SERVICE PROVIDER WILL ACCESS, USE, STORE AND SHARE YOUR CONTENT. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT OR GUARANTEE REGARDING, AND ACCEPT NO LIABILITY OR RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE, RELIABILITY OR AVAILABILITY OF THIRD PARTY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL RISK ARISING FROM USE OF THIRD PARTY SERVICES IN CONNECTION WITH THE SERVICE AND OTHERWISE.

    LastPass Service by LogMeIn USA, Inc.
    • LastPass is a password management service offered by LogMeIn USA, Inc., which is located at 320 Summer Street, Boston, MA 02210. LogMeIn USA, Inc. is a third party beneficiary of this Agreement and capable of enforcing its terms independently from Verizon. By accepting, accessing, or using LastPass, in addition to the terms set forth in this Agreement, you agree to be bound by LogMeIn USA, Inc.'s Terms of Service, which are incorporated by reference as if set forth in its entirety herein (the "LogMeIn Terms"). Please review these terms carefully as they contain important limitations and conditions with respect to this Third Party Service. The choice of law provision in Section 9.14 of the LogMeIn Terms shall not apply to any causes of action by or against LogMeIn USA, Inc. under or in relation to this Agreement. Any such causes of action in relation to this Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York.

    • The LogMeIn terms constitute a separate contract between you and LogMeIn USA, Inc. that governs your access to and use of LastPass. Verizon is not a party to that agreement between you and LogMeIn USA, Inc. Verizon is not responsible for the loss, corruption, or alteration of data, software or files that may result from performance of LogMeIn USA, Inc. You agree to look exclusively to LogMeIn USA, Inc. under the LogMeIn Terms for any claims that you may have related to the LastPass service.

    • Verizon makes no warranty, express or implied, as to the LastPass service. Your sole warranty is as set forth within the terms you accept directly with LogMeIn USA, Inc.

    • If you receive the LastPass service from Verizon, and the service is terminated by you or Verizon for any reason, LogMeIn USA, Inc. may in its sole discretion convert your account and continue to provide the LastPass service to you directly (each a "Converted Account"). If LogMeIn USA, Inc. does so, the LastPass service under the Converted Account will be subject only to the LogMeIn Terms, and Verizon will have neither responsibility nor liability for the LastPass service if you continue to receive it under the Converted Account. You agree to look exclusively to LogMeIn USA, Inc. under the LogMeIn Terms for any claims that you may have related to LastPass service under the Converted Account.

  10. Beta Features. We may release features or functionality of the Service that are still being evaluated or tested ("Beta Feature"). We will tell you if something is a Beta Feature. If you choose to use a Beta Feature, note that it may not perform as reliably as other Service features. We may change, suspend, or discontinue a Beta Feature at any time without notice.

  11. Copyright infringement claims and Digital Millennium Copyright Act (DMCA)
    For information on how to submit a copyright infringement claim and filing a DMCA notice, please visit our Copyright Infringement Claims page.

    DMCA repeat infringer policy
    Pursuant to Section 512 of the DMCA, it is Verizon’s policy to terminate the account of repeat copyright infringers in appropriate circumstances.

  12. Software. In connection with the Service, We will provide to you software that is owned by Us, Our affiliates or third-party licensors ("Software"). We may update the Software from time to time, and your failure to install any update may affect your Service and/or use of the Software. You may use the Software only as part of, or for use with, the Service as authorized in this Agreement.

    Subject to the terms and conditions of this Agreement, We grant you a limited, non-exclusive, non-transferable license to use the Service, the Software and Content solely as authorized in this Agreement. All rights regarding use of the Service, Software and Content not expressly granted in this Agreement are reserved by Us and/or any third-party licensors. However, you retain all of your ownership rights in Content that you create yourself. The Software may contain programming, scripts, tools, modules, libraries, components, or other items that were developed using "open source" code; for more information, please visit www.verizon.com/opensource.

  13. Restrictions. You agree that you will not attempt to modify any Software or Content (other than Content that you generate yourself or otherwise own) obtained through the Service for any reason, including for the purpose of creating a ring tone or disguising or changing ownership or source (including without limitation, falsifying or deleting author attributions, legal or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from the Service or used in any materials and information submitted by you, in any form) of the Content. You agree to follow all rules and policies applicable to the Service, including required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. You also agree: (i) to comply with all applicable laws, regulations, and rules (including, without limitation, the My Verizon Terms and Conditions (if you are a Verizon customer) and the Verizon Website Use Terms and Conditions, each of which can be found at www.verizonwireless.com) when using Content or the Service, and any applicable third party terms and conditions (including those of any mobile application store from which you download the Mobile App); and (ii) not to adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software, or otherwise tamper with or modify any security features or other Service components for any reason (or allow or help anyone else to do so).

  14. IMPORTANT SERVICE DISCLOSURES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE SERVICE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS YOU MAY HAVE. YOU AGREE TO USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE SERVICES IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON VERIZON OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE NOT TO CAUSE, OR OTHERWISE REQUEST THAT VERIZON CREATE, RECEIVE, MAINTAIN OR TRANSMIT PROTECTED HEALTH INFORMATION (AS DEFINED AT 45 C.F.R. § 160.103) FOR YOU OR ON YOUR BEHALF IN CONNECTION WITH THE SERVICES OR IN ANY MANNER THAT WOULD MAKE VERIZON A BUSINESS ASSOCIATE (AS DEFINED AT 45 C.F.R. § 160.103) TO YOU.

  15. DISCLAIMER OF WARRANTIES. THIS SERVICE, CONTENT AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER US, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE VERIZON PARTIES AND ANY THIRD PARTY MOBILE APPLICATION STORE OPERATORS FROM WHICH YOU DOWNLOAD THE MOBILE APP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOSS OF CONTENT, OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER.

  16. Limitation of Liability. You agree that the Verizon Parties, and any third party mobile application store operators from which you download the Mobile App, are not liable in any way for any losses, damages or injuries caused directly or indirectly by your or anyone else's use, misuse or removal of the Service, the Mobile App, your Content, or other users' Content. You agree that the Verizon Parties will not be liable to you or any third party for any failure of the Service to perform, damage to your personal property, including but not limited to, your mobile device, personal computer equipment or software, losses or injury to your business or data, or damages, including lost income or business opportunity relating to or caused, directly or indirectly by, service failures, equipment or underlying line failures, by any failures of the Software We provide, or by any viruses or other disabling code or intrusions to your system.

  17. Dispute Resolution.
    WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.

    YOU AND VERIZON BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:


    (1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.

    (2) UNLESS YOU AND VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S CONSUMER ARBITRATION RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.

    (3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

    (4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VERIZON SHOULD BE SENT TO VERIZON WIRELESS DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY, BASKING RIDGE, NJ 07920. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT 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.

  18. Indemnification. In the event you act or use the Service in a manner not permitted in this Agreement or breach any of your representations and warranties, you will: (i) be in material breach of this Agreement; (ii) indemnify, defend and hold harmless the Verizon Parties and other Service users for any losses, expenses, costs, liabilities, damages, penalties, investigations or enforcement proceedings (including attorneys' fees) arising from or relating to your actual or alleged breach of this Agreement including without limitation, your representations and warranties or any claim that your use of Content infringes or otherwise violates any applicable laws, rules or regulations, or any third party's intellectual property or other rights, including, without limitation, personal or privacy rights; (iii) take, at your expense, prompt action to correct and/or mitigate the effects of your breach of this Agreement; and (iv) provide Us with reasonable cooperation and support in connection with Our response to your breach of this Agreement. You shall assume and be solely responsible for any reporting requirements under law or contract arising from your breach of this Agreement.

  19. Export Control. This Service is subject to the Export Administration Regulations ("EAR") of the United States Department of Commerce, and shall not be used in Crimea, Cuba, Iran, Syria, Sudan, North Korea or any other destinations that are now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States law. Further, this Service is subject to Nuclear, Biological, Chemical, and Missile Proliferation Sanctions of the United States, and shall not be used in a manner now or hereafter otherwise prohibited, controlled, sanctioned or embargoed under United States law.

  20. Additional Terms and Conditions for Mobile Apps Downloaded from the Apple App Store. You may only use the Mobile App on iOS devices that you own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You and We acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to the Mobile App, that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against you in its capacity as a third party beneficiary to the Agreement. Apple is not responsible for any claims made by you or a third party regarding the Mobile App, including intellectual property infringement claims, or Your use or possession of the Mobile App, including but not limited to (i) product liability claims, (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile App to conform to any warranty, express or implied. If the Mobile App fails to conform to any warranty, you may notify Apple and Apple may, as your sole and exclusive remedy, refund the amount - if any - that you paid Apple for the Mobile App. Questions regarding the Mobile App may be sent to VerizonCloud@verizonwireless.com.

 

Version 10719

Updated 10/7/19