| 1.1 | +play Marketplace or +play Site means the digital marketplace or website located at https://www.verizon.com/digital/nsa/secure/ui/products/ehub/home, where You can shop for, purchase and manage various subscriptions, products and services. |
| 1.2 | +play Products are the subscriptions, products and/or services offered for sale and sold through the +play Marketplace. |
| 1.3 | Customer or You means a person or individual who is an owner or manager of an existing Verizon account for Postpaid mobile, Home Internet, or Fios TV services and uses their existing Verizon credentials to log-in to +play to discover, purchase and/or manage orders for +play Products. |
| 1.4 | Seller means the business or entity that sells the +play Products. Seller may be an affiliate of Verizon, or may be a third party unaffiliated with Verizon. |
| 1.5 | User Data means customer-provided information, such as username, password, and personally identifiable information (e.g. name, phone number, email address). |
| 1.6 | VMS is Verizon Marketplace Services LLC, which is the Verizon entity that owns and operates the +play Marketplace. |
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+play Customer Agreement and Terms of Service
Welcome to +play. This customer agreement ("Agreement") is entered into by and between the person or entity utilizing the +play digital marketplace (the "Customer" or "You"), and Verizon Marketplace Services LLC ("VMS"). When you shop for, purchase or use +play subscriptions, products or services ("collectively, +play Products") at https://www.verizon.com/digital/nsa/secure/ui/products/ehub/home, You agree, on behalf of yourself and all members of your household and others who use any +play Products under your account: (a) that you have read and understand this agreement and agree to its terms; (b) that You are 18 years of age or older; (c) to the Verizon Acceptable Use Policy located at https://www.verizon.com/about/terms-conditions/acceptable-use-policy, which is incorporated herein by reference; and (d) to the Verizon Privacy Policy located at https://www.verizon.com/about/privacy, which is incorporated herein by reference.
The +play Products are available for your use in the United States only. Additional terms and conditions specific to the product offering may also apply. Please also note that if you purchase or subscribe to a Product that is made available to you for consumption through a third party website or application, your access to and use of that service will be subject to additional terms and limitations specific to that third party service.
Please read these terms carefully.
IMPORTANT: THE +PLAY CUSTOMER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR CLASS ACTION LAWSUIT. PLEASE SEE SECTION 11 BELOW FOR FURTHER DETAILS.
1. Definitions
2. Changes to these Terms
The current version of the terms of this agreement shall be available on the +play Site. From time to time, we may, in our sole discretion, make revisions to these terms for various reasons. Any changes we make will be posted to the +play Site. It is your responsibility to check our website periodically for changes. If we make a material change to these terms, we will also notify you by sending an email to the email address you provided when you signed up to purchase +play Products, or other means including USPS mail. By using the +play Site or purchasing +play Product(s), You agree that this method of notice is sufficient. Any material change will be effective automatically 30 days after we notify you.
3. Use of the +play Marketplace
| 3.1 | As a Customer, you may access and use the +play Marketplace to discover, purchase and manage +play Products |
| 3.2 | You must be at least 18 years of age or older to access +play. By using +play, you affirm that you are over the age of 18. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of, your parents or guardians. |
| 3.3 | You must be an account owner or manager of an existing Verizon account, and use the credentials for this account to access +play. You are responsible for creating and maintaining the confidentiality of your user name and password, which will allow you to subscribe to and manage all +play Products under your account. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. In the event your password is lost or stolen, it is your responsibility to notify us immediately. |
| 3.4 | If You choose to discontinue your Verizon services after purchasing +play Products, you may continue to access +play using your existing credentials. By continuing to use the +play site and +play Products, you agree that you continue to be bound by the terms herein. You also agree that for any monthly recurring charges related to the +play Products to which you subscribe, Verizon may continue to charge you using the payment method you selected when you signed up. |
| 3.5 | URL links made available in +play allow you to visit or view third party sites and web pages not controlled by VMS. Neither VMS nor its affiliates is responsible for these linked sites in any manner, including related content and security, privacy or accessibility practices for those third party sites. Your use of such sites or applications is at your own risk, and will be governed by such third party's terms and policies (including the third party seller's privacy policy). |
| 3.6 | As a condition of your use of +play, you warrant to VMS that you will not use the +play Website for any purpose that is unlawful or otherwise prohibited by these Terms. Specifically, You agree not to engage in any of the following: |
| 3.6.1 | Unauthorized copying, reproduction, modifying, uploading, downloading, posting, transmitting, making derivative works and/or duplication of any part of the +play site or +play Products. | |
| 3.6.2 | Any activity that disrupts or otherwise interferes with the Site (or the servers and networks connected to the site). | |
| 3.6.3 | Use of false email addresses, impersonation of any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with your use of the Site or of the +play Products. | |
| 3.6.4 | Use of the +play Products or Site to defraud any person or entity (including without limitation use of stolen credit/debit cards). | |
| 3.6.5 | Any activity to encourage, assist or allow any third party to act in violation of law or this +play Agreement. |
| 3.7 | When using +play, You are also subject to Verizon Wireless’ website terms of use, available at https://www.verizon.com/about/terms-conditions/terms-of-use. |
4. Products & Product Listing
| 4.1 | Unless expressly indicated otherwise, Verizon Marketplace Services is not the seller or manufacturer of any +play Products sold on the +play site. Instead VMS acts as a venue to match buyers and sellers. All Products listed for sale on the +play site will indicate "Sold by" followed by the name of the Seller. In some cases, the Seller may be a Verizon Affiliate, such as Cellco d/b/a Verizon Wireless. In other cases, the Seller may be a third party that is not affiliated at all with Verizon. |
| 4.2 | Product listing information shown on +play, including Product pricing is provided to VMS by the Seller and Seller is responsible for the accuracy of the information. While we attempt to be as accurate as possible, VMS does not warrant that product descriptions are accurate, complete, reliable, current or error-free. Should the price of +play Product(s) that have a monthly subscription change at any time, Seller is responsible for informing us. We will then pass this information onto You as quickly as possible, and will make every effort to give you advance notice prior to billing you at the new price. |
| 4.3 | If you are a Fios Home Internet or Fios TV customer the following SVOD services are not available for purchase through +play; (AMC+, Max, NBA League Pass, Starz, YouTube TV). If you would like to purchase one of these services you must go through your Fios set top box or your Fios My Plan overview page. |
| 4.4 | After you complete a purchase in +play, You may need to provide additional information to the Seller of the +play products in order to receive those Products. Specifically, for all digital content you purchase in +play, Your access to and consumption of such content occurs outside of +play through a separate application or website made available to you by the Seller. You may need to create a separate account and establish separate account credentials, accept the Seller's terms and conditions, and Seller's Privacy Policy, among other things, in order to access and consume the +play Products. |
| 4.5 | All offers in +play are subject to change, and availability may depend on your underlying Verizon services. Some services are not available to Fios customers through +play, and must be purchased through the customer’s Fios account. |
| 4.6 | To the extent you create a separate username and password, and/or share with Seller any User Data (e.g., name, phone number, email address) once you have left the +play site, VMS does not monitor or control this User Data, and disclaims all responsibility for such data. You are responsible for creating and maintaining the confidentiality of your user name and password established with Seller. To ensure that your user name and password remain confidential, DO NOT share this information with anyone. In the event your password is lost or stolen, it is your responsibility to contact Seller directly. |
| 4.7 | VMS does not provide troubleshooting or technical support for +play Products sold by a third party. While we will make every attempt to connect you to the Seller for assistance, VMS is not responsible for the availability, quality, safety or reliability of a product sold by a third party Seller and shall have no liability for third party products you purchase in +play. |
| 4.8 | You are responsible for all use of the +play Products, whether by you or someone using the +play Products with or without your permission. You agree not to use the Products, directly or indirectly, for any unlawful purpose, including without limitation, violation of the copyright laws through the use, production, copying, rebroadcast or redistribution of any content or programming. Making a recording of any such content or programming utilizing equipment containing digital video recording devices is likewise prohibited. |
5. Billing, Payments, & Taxes
| 5.1 | All +play Products will be billed to a payment method of your choosing (either credit card or debit card) by VMS. The line item on your bill will reflect a charge from +play, followed by the name of the Product or Seller (e.g., +play Calm). If you have a question about your bill, it should be directed to VMS, and not to the Seller. |
| 5.2 | You represent and warrant that You have the right to use any credit card or other means of payment that you provide to us, and that all billing information You provide is truthful and accurate. Providing any untruthful information is a breach of this agreement and may result in cancellation of your order. |
| 5.3 | By providing us with payment information, You authorize VMS to store and use the card as a payment method for all future purchases through the +play site. You acknowledge and agree that VMS may receive updated payment account information from your card issuer or payment services provider. |
| 5.4 | By confirming your purchase at the end of the checkout process, You agree to accept and pay for the +play Services ordered, as well as all applicable taxes, and shipping and handling charges (if applicable). You further agree that VMS may charge you a fee for any late payments. All Transactions are final. |
| 5.5 | You will not be charged for most +play Services until You activate the third party service by visiting the third party's website or user interface and setting up an account with the third party. +play will direct you over to the third party's site at the end of any completed +play transaction. In the case of +play Services that include two or more seperate subscriptions (a "Bundle"), you'll be charged upon activation of anyone subscription in the Bundle. Prior to charging you for any +play Services, we will apply a temporary authorization hold for the full value of the Services in advance, which will appear as a pending charge in your account's payment method, until you activate the Service(s). We will, however, apply a temporary authorization hold for the full value of the Services in advance, which will appear as a pending charge in your account's payment method. You are responsible for ensuring that You activate all Services that You purchase through +play, and notifying us immediately of any issues. If you do not activate the Service within 30 days of enrollment, or if we are unable to charge the payment method you provide us, we have the right to cancel the transaction, and you may be unable to re-enroll in the same +play offer at the same price. |
| 5.6 | If we cannot charge Your selected payment method for any reason (such as expiration or insufficient funds), You remain responsible for any uncollected amounts, and we will attempt to charge the payment method again. If we remain unable to charge the payment method provided, Your order may be canceled and/or Your ongoing subscription may be suspended. You are responsible for all reasonable expenses (including attorneys' fees) incurred by VMS in attempting to collect delinquent amounts owed. |
| 5.7 | Promotions. Some offers may include promotions that are free for a designated period of time, and then automatically convert to paid plans at the end of the trial or promotional period. The specific terms of the promotion may vary, and will be disclosed during sign-up. If you sign up for a +play Product covered by a promotion, we will begin billing your chosen payment method for your subscription after your promotion ends unless you cancel at least one day prior to the end of the promotional period. You can cancel +play Services by visiting the manage page and logging in on the +play website. You are responsible for taking action to cancel; however, we will send you a reminder(s) prior to the end of any promotional period. |
| 5.8 | Monthly Recurring Charges. Depending on the +play Product(s) you select, monthly recurring charges may apply. Unless you cancel at least one day prior to the next billing period, charges will automatically renew monthly. You authorize us to collect the then-applicable monthly fee and any taxes or surcharges for the +play Product(s) using the payment method we have on record for you. |
| 5.9 | Annual/Seasonal Subscription Charges. Annual, bi-annual or seasonal subscriptions charges are billed upfront at point of sale. Unless you cancel at least one day prior to the next billing period, charges will automatically renew for the next billing period. You authorize us to collect the then-applicable annual, bi-annual or seasonal fee and any taxes or surcharges for the +play Product(s) using the payment method we have on record for you. |
6. Cancellation, Proration, Refunds & Returns
| 6.1 | Cancellation. You can cancel your order for +play Products at any time before the order has been processed by visiting the +play site. In addition, for any +play Product with recurring charges, to avoid the next payment, you must cancel at least one day prior to the end of the applicable bill cycle. |
| 6.2 | Proration. When you cancel an order for a +play Product with a recurring payment, we do not pro-rate your charges. Unless otherwise communicated, you will continue to have access to (and be billed for) the Product subscription through the end of the billing period. You will not receive a refund for partially used periods of service. There is a limited exception when you upgrade to a higher tier +play Product mid-billing cycle. In this scenario only, you will have immediate access to the higher tier Product, and we will refund to you the unused amount from the lower tier service for the remainder of the billing cycle. |
| 6.3 | Returns. For most Products that you purchase from +play (other than digital content subscriptions), you can also return them to the Seller within 30 days for any reason. You cannot return certain Products or goods which by nature cannot be resold for health and hygiene reasons (e.g., food items). |
| 6.4 | Refund Policy. We expect that most sales in +play will go smoothly, but if there is a problem, your purchase may be eligible for a Refund. Under this Refund Policy, You may be eligible to receive a refund of monies paid, or a partial refund, pro-rated based on the number of days an issues is experienced, for the Product(s) under the following circumstances: |
| 6.4.1 | You did not receive the +play Product, or in the case of digital content, could not access the content despite having successfully enrolled through +play and activated an account through the third party content provider; | |
| 6.4.2 | You received and/or were billed for the wrong +play Product, or received the wrong quantity of the Product; | |
| 6.4.3 | The +play Product provided (if a physical good) was faulty, defective or damaged; or | |
| 6.4.4 | The +play Product received was materially different from what was stated in the product listing; and | |
| 6.4.5 | You notified Seller or VMS of the issues in 6.4.1 - 6.4.4 within 30 days from the date of the order, or the date the Product was received or activated, whichever is later. |
Promotional offers may not be eligible for refunds under this Refund Policy. Review the specific offer terms for details.
VMS may also choose to issue a refund for other circumstances (e.g. fraudulent transaction or system malfunction) that occur after the initial 30 days following activation, to be determined on a case by case basis within VMS’s sole and absolute discretion. Buyer's remorse is not a valid reason for a refund under the Refund policy. VMS may reject any claims that we believe are unsubstantiated, frivolous, or claims that are not covered by the Refund process. In addition, Customers who request a chargeback from their payment provider (e.g., bank or credit card company) are not eligible for an additional refund under the Refund policy.
7. Personal Data and Privacy
Accepting this Agreement means that you also agree to Verizon's Privacy Policy (https://www.verizon.com/about/privacy/), which may be updated from time to time and describes the information we collect, how that information may be used and shared, and the choices you have about certain uses of information. When you access and use third party services which VMS may make available as part of +play, you are also subject to the terms of service and privacy policy issued by those third parties when using their services.
8. Disclaimer of Warranties
| 8.1 | NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE +PLAY MARKETPLACE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS SOLD IN +PLAY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. |
| 8.2 | VMS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR QUIET ENJOYMENT OF NON INFRINGEMENT BY THIRD PARTY RIGHTS. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. |
| 8.3 | THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT SOLD IN +PLAY. THE PRODUCTS MAY BE COVERED BY EACH MANUFACTURER'S WARRANTY (IF PRESENT). THESE WARRANTIES ARE PROVIDED BY THIRD PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. VMS IS NOT RESPONSIBLE FOR ANY REPRESENTATION OR WARRANTY GIVEN BY THE MANUFACTURER. VMS ASSIGNS AND PASSES THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER AND YOU ACKNOWLEDGE THAT YOU SHALL ONLY HAVE RECOURSE UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCT(S). VMS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE +PLAY PRODUCT(S) EXCEPT THOSE STATED IN THESE TERMS. |
9. Limitation of Liability
| 9.1 | Neither VMS nor its affiliates, officers, directions or employees, shall, under any circumstances, be liable to You in tort (including negligence) for breach of statutory duty, or otherwise, arising under or in connection with these terms. In addition, under no circumstances is Verizon liable to you for punitive, special, consequential or incidental damages, including, without limitation, for loss of profits, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, interruption of services, third party claims for damages against you, or indirect or consequential losses of any kind whatsoever, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability. VMS's maximum liability to you is for the purchase price of the products sold to which your claim relates. |
| 9.2 | The +play Products You purchase may contain content that You find to be offensive, indecent or objectionable; this content may or may not be identified as having explicit language or other attributes. Nevertheless, You agree to use the +play Products at your sole risk, and VMS and its affiliates have no liability to you for any content. |
| 9.3 | Neither VMS nor any Verizon entity will be liable for any defamatory, offensive or illegal conduct by any Seller, Shopper or Other User of the +play Site. |
10. Notices of Copyright Infringement
We will respond to notices of alleged copyright infringement in accordance with applicable law. If You believe that any content or other material provided to You through +play infringes your copyright, a notification of claimed copyright infringement should be sent in the form of a written notice to Verizon’s Designated Agent.
Designated Agent for DMCA Notices
Verizon Copyright Department
1300 I Street NW, Suite 500 East
Washington, DC 20005, U.S.A.
DMCA@verizon.com
For further information on how to submit a copyright infringement claim and file a DMCA notice, please visit Verizon's Copyright Infringement Claims webpage. Pursuant to Section 512 of the DMCA, it is Verizon's policy to terminate the account of repeat copyright infringers in appropriate circumstances.
11. Binding Arbitration and Class Action Waiver
| 11.1 | Our goal is customer satisfaction, but if there's an issue that needs to be resolved, this Section outlines what's expected of both of us. YOU AND VMS BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT AS DISCUSSED BELOW. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF JURY. WHILE THE PROCEDURES IN ARBITRATION 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, SUBJECT TO THE LIMITATIONS ON ARBITRATOR AUTHORITY SET FORTH BELOW. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. THE SAME DEFENSES ARE ALSO AVAILABLE TO BOTH PARTIES AS WOULD BE AVAILABLE IN COURT INCLUDING ANY APPLICABLE STATUTE OF LIMITATIONS. WE ALSO BOTH AGREE THAT. |
| 11.2 | THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, OR AS SPECIFICALLY NOTED BELOW,ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT, INCLUDING THE VALIDITY ENFORCEABILITY, OR SCOPE OF ANY PORTION OF THIS AGREEMENT WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). 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 SERVICES FROM US. |
| 11.3 | UNLESS YOU AND VMS AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. AAA REFUSES TO ENFORCE ANY PART OF THE ARBITRATION PROVISION, YOU AND VMS WILL SELECT ANOTHER ARBITRATIOR. IF THERE IS NO AGREEMENT, THE COURT IN THE COUNTY OF YOUR BILLING ADDRESS WILL CHOOSE AN ARBITRATOR TO DECIDE THE DISPUTE. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, THE ARBITRATOR(S) SHALL HAVE EXCLUSIVE AUTHORITY TO ARBITRATE, INCLUDING BUT NOT LIMITED TO ANY DISPUTE REGARDING VALIDITY, ENFORCEABLILITY, OR SCOPE OF PORTION OF THIS AGREEMENT INCLUDED THE AGREEMENT TO ARBITRATE. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG) OR FROM US. FOR CLAIMS OF $25,000 OR LESS, YOU CAN CHOOSE WHETHER YOU WOULD LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE. ALTERNATIVELY, FOR CLAIMS WITHIN THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT IN THE STATE ENCOMPASSING YOUR BILLING ADDRESS, EITHER YOU OR VMS CAN CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT INSTEAD OF PROCEEDING IN ARBITRATION; FURTHERMORE, IF THE CLAIMS IN ANY REQUEST OR DEMAND FOR ARBITRATION COULD HAVE BEEN BROUGHT IN SMALL CLAIMS COURT, THEN EITHER YOU OR VMS MAY CHOOSE TO HAVE THE CLAIMS HEARD IN SMALL CLAIMS COURT, RATHER THAN IN ARBITRATION, AT ANY TIME BEFORE THE ARBITRATOR IS APPOINTED, BY NOTIFYING THE OTHER PARTY OF THAT CHOICE IN WRITING. IF THIS PROVISION OR THE LIMITATION ON BRINGING ACTIONS TO SMALL CLAIMS COURT IS FOUND TO BE INVALID, THEN THIS PROVISION SHALL BE SEVERABLE AND THE MATTER WILL PROCEED IN ARBITRATION; IN NO WAY WILL THIS PROVISION ALLOW FOR AN ACTION TO BE BROUGHT ON A CLASS OR COLLECTIVE BASIS. |
| 11.4 | THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA 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, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF 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. |
| 11.5 | 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 60 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VMS SHOULD BE SENT TO VERIZON DISPUTE RESOLUTION MANAGER, USING THE FORM AVAILABLE HERE. THE NOTICE MUST INCLUDE ENOUGH INFORMATION TO ALLOW US TO IDENTIFY YOUR ACCOUNT AS WELL AS TO ASSESS AND ATTEMPT TO RESOLVE YOUR CLAIM, INCLUDING THE NAME AND ADDRESS OF THE VERIZON ACCOUNT HOLDER, THE +PLAY TRANSACTION AT ISSUE, A DESCRIPTION OF THE CLAIM, THE SPECIFIC FACTS SUPPORTING THE CLAIM, THE DAMAGES YOU CLAIM TO HAVE SUFFERED AND THE RELIEF YOU ARE SEEKING. THE NOTICE REQUIREMENT IS DESIGNED TO ALLOW VMS TO MAKE A FAIR, FACT-BASED OFFER OF SETTLEMENT IF IT CHOOSES TO DO SO. YOU CANNOT PROCEED TO ARBITRATION UNLESS YOU PROVIDE THIS INFORMATION. YOU MAY CHOOSE TO BE REPRESENTED BY AN ATTORNEY OR OTHER PERSON AS PART OF THIS PROCESS, BUT IF YOU DO YOU MUST INDICATE THAT YOU ARE REPRESENTED BY AN ATTORNEY ON THE FORM AVAILABLE AT THIS LINK AND CONFIRM THAT YOU AUTHORIZE US TO DISCUSS YOUR ACCOUNT INFORMATION WITH THIS ATTORNEY OR OTHER PERSON. THE SUFFICIENCY OF THIS NOTICE OF DISPUTE IS AN ISSUE TO BE DECIDED BY A COURT PRIOR TO THE FILING OF ANY DEMAND FOR ARBITRATION. IF YOU HAVE PROVIDED THIS INFORMATION AND WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 60 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE AT THE CONCLUSION OF THE ARBITRATION IF YOU FULLY PARTICIPATE IN THE PROCEEDING. WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED BY THE ARBITRATION TRIBUNAL. IF THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FILED FOR PURPOSES OF HARASSMENT OR IS PATENTLY FRIVOLOUS, THE ARBITRATOR WILL REQUIRE YOU TO REIMBURSE VMS FOR ANY FILING, ADMINISTRATIVE OR ARBITRATOR FEES ASSOCIATED WITH THE ARBITRATION. |
| 11.6 | WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANY TIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUE 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 $5000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5000, THEN WE AGREE TO PAY YOU $5000 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 $5000, THEN WE WILL PAY YOU ONLY THAT AMOUNT. |
| 11.7 | IF 50 OR MORE CUSTOMERS INITIATE NOTICES OF DISPUTE WITH VMS RAISING SIMILAR CLAIMS, AND COUNSEL FOR THE VMS CUSTOMERS BRINGING THE CLAIMS ARE THE SAME OR COORDINATED FOR THESE CUSTOMERS, THE CLAIMS SHALL PROCEED IN ARBITRATION IN A COORDINATED PROCEEDING. IN THE FIRST STAGE, 50 ARBITRATIONS WILL PROCEED AND COUNSEL FOR THE VMS CUSTOMERS AND COUNSEL FOR VMS SHALL EACH SELECT TWENTY FIVE (25) CASES TO PROCEED FIRST IN ARBITRATION IN INDVIDUAL BELLWETHER PROCEEDINGS BEFORE SEPARATE ARBITRATORS. FTER THE FIRST STAGE IS COMPLETED, THE PARTIES MUST ENGAGE IN A MEDIATION OF ALL REMAINING CASES, AND VMS WILL PAY THE MEDIATION FEE. IF THE PARTIES CANNOT AGREE HOW TO RESOLVE THE REMAINING CASES AFTER MEDIATION, THEY WILL REPEAT THE PROCESS OF SELECTING AND FILING CASES TO BE RESOLVED IN INDIVIDUAL BELLWETHER PROCEEDINGS BEFORE SEPARATE ARBITRATORS, FOLLOWED BY MEDIATION. THE SECOND STAGE, 80 ARBITRATIONS WILL PROCEED AND COUNSEL FOR THE VERIZON CUSTOMERS AND COUNSEL FOR VMS SHALL EACH SELECT 40 CASES TO PROCEED IN ARBITRATION IN INDIVIDUAL BELLWETHER PROCEEDINGS BEFORE SEPARATE ARBITRATORS, FOLLOWED BY MEDIATION. AFTER THE SECOND STAGE, THE PARTIES MUST ENGAGE IN MEDIATION OF ALL REMAINING CASES, AND VMS WILL PAY THE MEDIATION FEE. ADDITIONAL CASES INVOLVING SIMILAR CLAIMS BROUGHT BY THE SAME OR COORDINATED COUNSEL SHALL NOT BE FILED IN ARBITRATION UNTIL THE ARBITRATIONS AND MEDIATION FOR PRIOR SETS HAVE BEEN COMPLETED. YOU AGREE TO THIS PROCESS EVEN THOUGH IT MAY DELAY THE ARBITRATION OF YOUR CLAIM. IF SUCH PROCESS IS INITIATED, THE FILING OF A NOTICE OF DISPUTE BY A CUSTOMER OR FILING OF A COMPLAINT IN COURT WILL TOLL ALL APPLICABLE STATUTES OF LIMITATIONS FOR THAT CUSTOMER’S DISPUTE UNTIL THE COMPLETION OF THE PROCESS DESCRIBED HERE. A COURT WILL HAVE AUTHORITY TO ENFORCE THIS PARAGRAPH INCLUDING BY ENTERING AN INJUNCTION TO PROHIBIT FILINGS IN VIOLATION OF THIS PARAGRAPH. |
| 11.8 | AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF. |
| 11.9 | IF A COURT DETERMINES THAT THE PROHIBITION ON CLASS ARBITRATIONS IN SUBSECTION 11.4 OR LIMITS ON THE ARBITRATOR'S AUTHORITY CANNOT BE ENFORCED UNDER APPLICABLE LAW AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE, WHICH MAY PROCEED IN COURT EITHER ONCE THE ARBITRATED MATTERS HAVE CONCLUDED OR SOONER IF THE COURT SO REQUIRES. |
| 11.10 | IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND VMS AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAw, NO ACTION WILL BE BROUGHT ON A CLASS OR COLLECTIVE BASIS AND YOU AND VMS 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. |
12. Governing Law
Applicable Law. Except as otherwise required by law, You and VMS agree that the Federal Arbitration Act and the substantive laws of the state and local area of the billing address you provided when purchasing +play Product(s) ("Service Jurisdiction"), without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or related in any way to the subject matter of this Agreement. UNLESS YOU AND VMS AGREE OTHERWISE, YOU AND VMS CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ARBITRATION OR SMALL CLAIMS COURT LOCATED IN THE SERVICE JURISDICTION FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT. Except as otherwise required by law, including the Service Jurisdiction laws relating to consumer transactions, any cause of action or claim you may have against VMS must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever waived.
13. Indemnification
In the event You act or use the +play Site or +play Products in a manner not permitted in this Agreement or breach any of the terms of this Agreement, you will indemnify, defend and hold harmless VMS 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 applicable law, 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.
14. Termination
We may limit, modify, suspend, terminate or discontinue the +play Site or any +play Product at any time with or without notice. In the event that a third party content provider discontinues the +play Product to which you subscribed or we no longer have the right to offer the +play Product through the +play Site, we may terminate your access to the +play Product and will provide you with at least 10 days' advance notice, where possible. We also reserve the right to suspend or terminate your access to +play Site if your use of the Service, in VMS's sole discretion, violates this Agreement or applicable law.
15. Entire Agreement
This Agreement, including all Policies referred to herein and posted on the +play Website, constitutes the entire agreement between you and VMS with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at VMS.
16. Contacting You
VMS, its affiliates, agents and service providers may at times contact you, including using email, automatic telephone dialing systems, prerecorded or artificial voice message calls, and/or text messages at the contact number(s) you have provided us, including a number for a cellular phone or other wireless device. We may place such calls or texts on matters related to the service we provide to you, including to (i) provide notices regarding your +play transactions, (ii) investigate or prevent fraud, (iii) to determine your satisfaction with our products and services; or (iv) to collect a debt owed to us. You agree to be contacted using autodialed or prerecorded message calls, emails and text messages to carry out the purposes identified above, regardless of whether you incur charges as a result. We and our service providers may also send you a one time text message at the Verizon wireless telephone number(s) you provided to us, to provide you with further information about +play products or services or how to manage these services, in response to your request, or with your prior express consent.
Updated: February 29, 2024