Omni Fiber TV – Terms and Conditions of Service
August 2022
Omni Fiber LLC (“Omni Fiber”) operates a television system that provides “Subscribers” (also, “Customers,” “you”, or “your”) with television programing services (the “Service,” “TV Service,” or “TV”). The Service is provided to you by Omni Fiber, subject to your compliance with the terms and conditions set forth in these Omni Fiber TV — Terms and Conditions of Service (the “Terms and Conditions”). Any terms or conditions included on any Work Order, Services Agreement, point-of-sale purchase receipt, E-SIGN recording of a non-written contract, Promotional Offer, Acceptable Use Policy, or Privacy Policy are incorporated into and made a part of these Terms and Conditions, which collectively form the Agreement between you and Omni Fiber (the “Agreement”). By accessing and using the Service, you represent and agree that you have read, understand, and consent to be bound by the Terms and Conditions of the Agreement. If you do not consent to be bound by the Terms and Conditions of the Agreement, you must not use the Service or register as a subscriber of the Service, and must promptly call Omni Fiber at 1-844-844-OMNI (6664) to cancel the Service.
Omni Fiber may revise the Agreement at any time by posting a revised version on Omni Fiber’s website, specifically on the www.omnifiber.com/about-us/policies/, or by notifying you by email, conventional mail, telephone, or on your Omni Fiber monthly bill. You are responsible for periodic review of the Agreement and must be aware of any such revisions. The modified terms will become effective after posting to the website or, if we notify you by email, conventional mail, telephone, or on your monthly bill, effective as stated in such message. By using the Service after any such modification, you agree to the latest version of the Terms and Conditions. However, any changes to the “RESOLUTION OF DISPUTES – BINDING ARBITRATION” section herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change takes effect.
If any revision to the Agreement is unacceptable to you, you may terminate your subscription to the Service as provided in the TERMINATION section herein. Further, if you violate any of the terms and conditions contained within the Agreement, Omni Fiber may terminate and/or suspend your access to the Service.
APPLICATION FOR SERVICE
The Subscriber shall submit an application for TV Service for each location where Service is desired. This application may be made in person (e.g., with an Omni Fiber representative), online, by phone, via chat, or by other means provided by Omni Fiber from time to time.
REQUIREMENT FOR INTERNET SERVICE
In order to be eligible to receive TV service, customers must also subscribe to Omni Fiber Internet service and agree to the Terms and Conditions for the use of that service. Omni Fiber Internet Terms and Conditions can be found at https://www.omnifiber.com/terms. Any request to terminate Internet service shall also be deemed a request to terminate TV service.
ACCOUNT
Upon acceptance of your application for Service (which application may include a credit check or payment of the first month of Service) and receipt of any applicable deposit(s), you will become a subscriber to the Service. By registering as a subscriber to the Service, you will receive an account (“Account“) with a user ID and will be required to select a password. You are solely and legally responsible for all activities conducted through your Account and any sub-accounts or user names under your Account, and agree that you will only use the Service for lawful purposes. You may permit another individual, including a minor, in your household to use your Account subject to your supervision, in which case you will retain all legal responsibility for the Account.
Finally, you agree to provide accurate and complete registration information and to update this information when it changes. Failure to provide such accurate, complete, and updated information shall constitute a breach of this Agreement and unauthorized access to the Service, and may result in termination of your Account and subject you to civil and/or criminal liabilities.
PARENTAL CONSENT REQUIRED; USE OF SERVICE BY PERSONS YOUNGER THAN 18
The Service is marketed to be purchased by adults, or with the consent of persons 18 or older. From time to time, parents and guardians may permit their children under 18 to use the Service. However, Omni Fiber does not knowingly allow anyone under 18 to provide any personally identifiable information, and Omni Fiber does not knowingly collect personally identifiable information from anyone under 18 via the Service. Furthermore, the law would require us to obtain verifiable parental consent before knowingly collecting any personally identifiable information from children under the age of 13. While Omni Fiber does not collect personally identifiable information from children under the age of 13, all children should obtain permission from a parent or guardian before sending personal information via the Service. Any violation of this provision may constitute a breach of the Agreement and Omni Fiber, at its sole discretion, may suspend or terminate your access to the Service.
ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONTENT
The Service permits access to content (“Content”) that is or may be protected by copyrights, trademarks, patents, or other proprietary rights (including intellectual property) (“Rights”) owned by Omni Fiber and other third parties. By utilizing the Service, you acknowledge:
- these Rights are valid and protected in all media existing now or later developed; and
- except as is explicitly provided otherwise, applicable copyright and other intellectual property laws shall govern your use of Content; provided, however, that such use does not grant you a license under any of the Rights in the Content described herein.
All such Rights are retained by Omni Fiber and its affiliates, and/or any third party owner of such Rights. Further, you agree that you may upload software files, message boards or otherwise transmit only Content that is not encrypted; content that is not subject to any Rights; and/or Content for which any holder of Rights has given express authorization for its distribution.
PROVISION OF SERVICE
Omni Fiber shall make every reasonable effort to provide TV Service to every Subscriber who applies for such Service in the shortest practical period of time, and where TV Service is readily available. Omni Fiber’s TV Services will only be extended into areas where Omni Fiber is duly authorized to provide Service by the relevant franchising authority.
FEES AND CHARGES
Upon acceptance by Omni Fiber of the Subscriber application for TV service (which application may include a credit check), the Subscriber shall pay to Omni Fiber the applicable monthly service fee and any other fees or charges due to Omni Fiber. Any service and/or other charges for which the Subscriber is obligated shall be payable in advance. There is a minimum of thirty (30) days charged in advance for each service provided.
SOFTWARE
Omni Fiber grants you a limited, personal, noncommercial, nonexclusive, and nontransferable license to use software (including software from third party licensors) that is: (1) installed on or downloaded to devices provided by Omni Fiber; (2) devices you own or control to which Omni Fiber authorizes downloading; and (3) access to and use of hosted services provided to you by Omni Fiber or its suppliers in conjunction with using your Service (collectively “Licensed Software”) solely in connection with the Service. Omni Fiber or its suppliers may modify the Licensed Software at any time and for any reason, without notice, and may automatically download and install such modifications without prior notice.
Your use of the Licensed Software is governed by this Agreement and other terms that may be provided to you in writing by Omni Fiber or the third-party Licensor from time to time. Your right to use the Licensed Software terminates upon termination of this Agreement or upon written termination by Omni Fiber. Any software license granted to you herein is for the object code version of the Licensed Software only, is without the right to sublicense and shall terminate immediately upon any termination of this Agreement or the applicable Service. Without limiting your obligations under law, you agree not to copy, modify, adapt, alter, translate, create derivative works, reverse engineer (except to the extent allowed under applicable law), disassemble, decompile, or otherwise attempt to reconstruct, obtain, or perceive the source code from which any component of the Licensed Software is compiled or interpreted, and you hereby acknowledge that nothing in this Agreement shall be construed to grant you any right to use or otherwise obtain access to, any such source code. You may not take any steps to defeat any security measures in the Licensed Software. You may not make any unauthorized use of any content available through any Licensed Software. Any reproduction, distribution, sale, sublicense, transfer, or use of the Licensed Software not expressly permitted by this Agreement or any other applicable terms is expressly prohibited. The Licensed Software is licensed and not sold to you. Omni Fiber and its suppliers retain title to and ownership of the Licensed Software and other intellectual property rights in and to the Licensed Software.
To the extent required by the license for the open source components of any Licensed Software (“Open Source Software”): (i) the terms of such license will apply to such Open Source Software instead of the terms of the license grant in this Agreement; and (ii) any restrictions prohibited by such license that are contained in this Agreement will not apply to such Open Source Software. Acknowledgements, licensing terms, and disclaimers for such Open Source Software are contained in a “Legal” or similar screen.
OWNERSHIP OF EQUIPMENT AND MATERIALS
All equipment and materials, unless purchased from Omni Fiber, or unless such property is incorporated in, becomes an integral part of, or is permanently attached to the Subscriber’s premises, shall remain the property of Omni Fiber. You may not modify, disassemble, or otherwise tamper with any Omni Fiber equipment or property. Video streaming devices such as Amazon Fire sticks, Apple TV, or similar devices purchased by the customer will remain the property of the customer.
RESPONSIBILITY FOR OMNI FIBER’S PROPERTY
The Subscriber agrees not to tamper with any of Omni Fiber’s wiring or equipment, to extend lines, or alter in any manner any Omni Fiber property. The Subscriber also shall receive Omni Fiber’s TV Service with the understanding that s/he will adequately safeguard all Omni Fiber properties upon the Subscriber’s premises from alteration and abuse by others, and that s/he will not hire or permit anyone other than authorized Omni Fiber personnel to perform any work on Omni Fiber’s property, equipment, and facilities.
Bring Your Own Device
Omni Fiber allows the use of customer-owned video streaming devices, however, Omni Fiber cannot guarantee device compatibility and functionality with the TV Service. Use of any 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.
If an Omni Fiber technician is required to dispatch to a residence to handle an issue with a non-Omni Fiber video streaming device, charges will apply to such Services.
WIRING REQUIREMENTS
No wiring will be installed by Omni Fiber for TV services. The Subscriber, at his/her option, may choose to install the wiring within walls and/or attic spaces at his/her own expense. In such instance, the Subscriber shall install such wiring to specifications and satisfaction of Omni Fiber and the National Electrical Code.
RIGHT OF ACCESS
The Subscriber, upon acceptance of application for TV Service by Omni Fiber, grants permission for Omni Fiber, its agents, and employees, to enter upon the property of the Subscriber for the purpose of installation, inspection, maintenance, testing, and repair of the TV Service to the Subscriber’s premises and, upon Service being cancelled for any reason, the Subscriber grants permission for Omni Fiber, during reasonable hours, to enter upon the premises and remove all equipment and material belonging to Omni Fiber and to discontinue Service thereto.
WARRANTIES AND REPAIRS OF OMNI FIBER EQUIPMENT
Omni Fiber will repair and/or replace defective equipment (excluding the replacement of batteries) as long as such damage was not caused by misuse or the maintenance or repair of Subscriber provided equipment, including but not limited to television sets, VCRs or other video equipment, remote controls, keyboards, stereos or other audio equipment, telephones, or A/B switches. A service charge may be imposed if damage to Omni Fiber equipment is due to negligent use or abuse or if no fault is discovered in system or equipment. In addition, an equipment charge may be imposed for the repair or replacement of any lost, stolen, or damaged equipment. Omni Fiber makes no warranties, with respect to equipment or Service provided by Omni Fiber or with respect to the equipment compatibility with any Subscriber-owned equipment.
BATTERY BACK-UP
Omni Fiber TV Service requires an optical network terminal device (an “ONT”) that requires use of your electrical power. The ONT is a media converter that is installed by Omni Fiber during your TV Service installation. The ONT that is installed will convert fiber-optic light signals to copper/electric signals to deliver you with TV Service. If the ONT is unplugged, or in the event of a power outage, the Service will be inoperable.
PENALTIES FOR UNAUTHORIZED SERVICE
If unauthorized Service is discovered by Omni Fiber, the cost will be billed to the Subscriber for an estimate of TV Services delivered, including the cost of inspection, investigation, reconnection, and cost of repair to Omni Fiber’s facilities, all of which must be paid in full before Service can be reestablished or restored. You will not disguise the place of your residence or the location of your use of any Service or attempt to circumvent technological measures or gain unauthorized access through hacking, password mining, or any other means.
MONTHLY SERVICE CHARGES
The Subscriber shall pay Omni Fiber a one-time monthly service charge from date of installation to the end of that billing cycle. Thereafter, the Subscriber shall pay Omni Fiber the full monthly service charge applicable to the Services rendered, which amount shall be due as shown on the monthly billing statement.
Subscriber agrees to timely pay all monthly bills. Any amount outstanding after the due date on the Subscriber bill shall be deemed a “past due balance”.
Monthly service charges are subject to change at any time, although Omni Fiber will provide Subscriber at least thirty (30) days advance, written notice before instituting an increase in service rates. Failure to pay charges invoiced may result in discontinuance of Service to Subscriber.
LATE PAYMENT FEES
Late payment fees will be assessed on any past due balance of $10.00 or more. For past due balances of $10.00 or more, the fee will be $10.00. The late payment fee will be added to the past due balance and included in future billing cycles.
RESTORAL OF SERVICE CHARGE
Omni Fiber may charge a restoral of service charge for subscribers that have had their video Service suspended or disconnected for nonpayment of Service. The Restoral of Service Charge is $20 after suspension and $40 after disconnection.
DISPUTE PROCESS FOR BILLING DISAGREEMENTS
Customer satisfaction is of the utmost importance to Omni Fiber, and it is our policy to fully investigate and resolve, to our satisfaction, all customer billing disagreements lodged within thirty (30) days of the original due date. In the event of a disagreement about a Customer bill, the customer should contact Omni Fiber Customer Care at 1-844-844-OMNI (6664). Unless an investigation has been initiated through a customer inquiry, Omni Fiber reserves the right not to issue refunds or credits after the expiration of this thirty (30) day period, except where required by law or regulation.
CANCELLATION BILLING POLICY
Omni Fiber may disconnect all or part of the subscriber’s TV Service for nonpayment of undisputed monthly service charges that are not paid in full by the due date shown on the bill. Omni Fiber will provide the subscriber with a minimum of ten (10) days advance, written notice of a disconnection of all or part of the subscriber’s Service, except where disconnection has been requested by the subscriber, or is necessary to prevent theft of service. Omni Fiber will not disconnect all or part of a subscriber’s video Service for nonpayment until the bill is at least fourteen (14) days past due.
The monthly charge for Service will not be prorated for the final partial month of Service. The full monthly service fees will apply, even if your Service is active for only a partial month.
Omni Fiber does not anticipate that you will fail to pay for the Service(s) on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Service(s) on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
PROMOTIONAL DISCOUNT
Your bill may reflect a promotional discount to Omni Fiber standard pricing (a “Promotion”).
The specific terms of each Promotion may vary and will supersede these terms.
A certain dollar amount discount for a certain number of months against Omni Fiber standard pricing, and-
- Require purchase of a certain service or bundle of services at or above a certain monthly price for a certain number of months.
- Promotion(s) will end or decrease at the end of the promotional period depending on the Promotion offered.
Removal or changing of Omni Fiber products after receiving a Promotion could result in forfeiting the entire Promotion.
Promotions are not available in all locations. Moving locations could result in a change or in forfeiting Promotions. Promotions may vary by location, by time of year, products available at location, whether adding a new product, sales channel offering Promotion, and products ordered.
To be eligible for Promotion(s), you must be enrolled in eBill and autopay. To sign-up for eBill sign into MyAccount or call Omni Fiber at 1-844-844-OMNI (6664). Omni Fiber standard pricing is subject to change. Omni Fiber will provide you with at least thirty (30) calendar days’ prior written notice before such a change.
CHANGE OF OCCUPANCY OR OWNERSHIP
The Subscriber shall notify Omni Fiber of any change of occupancy or ownership of Subscriber’s premises promptly upon its occurrence. Nothing in these rules and regulations shall be construed to give the Subscriber the right to sell or assign, or the successor tenant or occupant to acquire, any rights to use any of the equipment or Service provided by Omni Fiber.
LIMITATION OF OMNI FIBER’S LIABILITY
YOU EXPRESSLY AGREE BY YOUR USE OF THE SERVICE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND RELATED SERVICES AVAILABLE ON OR LINKED TO THE OMNI FIBER WEB SITE AND ALL EQUIPMENT AND SOFTWARE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
OMNI FIBER DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, LICENSED SOFTWARE, OR OTHER EQUIPMENT AUTHORIZED BY OMNI FIBER FOR USE IN CONNECTION WITH THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. OMNI FIBER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT (INCLUDING ANY OTHER EQUIPMENT AUTHORIZED BY OMNI FIBER FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE EQUIPMENT OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
Omni Fiber is not responsible and shall not be liable for the listings or the advertisements contained on the Web Site, and Omni Fiber does not:
- Guarantee the accuracy, completeness, usefulness, or adequacy of any other web sites, services, goods, or advertisements that may be linked to the Web Site;
- Make any endorsement, express or implied, of any other web sites, services, goods, or advertisements that may be linked to the Web Site;
- Check for licenses with respect to licensed professions or trades prior to publishing advertisements and does not assume the responsibility for monitoring the use of trademarks, certifications, or other rights of third parties;
NOR
- Warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any equipment or software made available are provided on an “as is” basis.
IN NO EVENT SHALL OMNI FIBER OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR: (I) BUSINESS INTERRUPTION, OR LOSS OF PROFITS, REVENUE, USE OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SERVICE, WEB SITE, OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE WEB SITE, EVEN IF OMNI FIBER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR HYPERLINKED FROM THE SERVICE.
IN ADDITION TO THE FOREGOING, EXCEPT FOR THOSE LIABILITIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, OMNI FIBER 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 THIRD-PARTY EQUIPMENT, PRODUCT OR SERVICE: (I) ON BEHALF OF AND FOR THE BENEFIT OF OMNI FIBER’S SUPPLIERS; AND (II) FOR ITSELF.
For purposes of this section, “Omni Fiber” is deemed to include: its parent company; the respective subsidiaries and affiliates of each; and the directors, officers, employees, agents, representatives, subcontractors, and suppliers of each of them.
By using the Service, you are agreeing to these terms. This limitation of liability and these disclaimers of warranties allocate the risks of the Agreement between us and you. Omni Fiber relies on this allocation, which is reflected in the pricing of the Services, and is an essential element of the basis of the bargain between us.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Omni Fiber, its affiliated companies and their respective directors, officers, employees and agents from all liabilities, actions, suits, proceedings, claims, damages, and expenses, including without limitation, reasonable attorney’s fees, arising from or relating to your use of the Service, the Web Site, and your Account. Omni Fiber reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
DISCLAIMER REGARDING PROGRAMMING CONTENT OR CHANGES
The Subscriber shall not hold Omni Fiber responsible or liable for programming content, or for any changes, additions, or deletions in its programming or time schedule associated therewith. Omni Fiber shall give Subscriber at least thirty (30) days advance, written notice before removing a channel from the programming lineup except if such removal is caused by circumstances beyond Omni Fiber’s control.
OUTAGES & INTERRUPTIONS
Omni Fiber will restore TV Service to its Subscribers within seventy-two (72) hours after a Subscriber reports a Service interruption or other problem when such problem is found to be the fault of Omni Fiber’s system and/or equipment, provided the cause is not a natural disaster. If the Service interruption is caused by Omni Fiber and lasts for more than four (4) hours in a given twenty-four (24) hour period, Omni Fiber will give the Subscriber a credit for each day that the Subscriber is without Service.
In the event Omni Fiber dispatches any of its personnel to investigate any Subscriber complaint or outage, and the problem is determined to be caused by the Subscriber’s television receiver or other Subscriber-owned facilities, the Subscriber may be charged the cost of time and transportation, but in no event shall said charge be less than $75.
REPRODUCTION OF PROGRAMMING
The Subscriber shall not record or tape any of the programming provided by Omni Fiber, or shall the Subscriber allow any other person to do so, except for the personal use of the Subscriber. Subscriber agrees that the programs and other services provided by Omni Fiber will be utilized solely for Subscriber’s personal use and will not be duplicated except in compliance with applicable law.
RESOLUTION OF DISPUTES – BINDING ARBITRATION
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
i.Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent, or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy, our Acceptable Use Policy, or the TV Service or any equipment used in connection with the TV Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.
ii. Arbitration Procedures
You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be resolved by binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party’s election, the arbitration shall be held telephonically. As set forth below, you and we both agree that any arbitration will be solely between you and Omni Fiber, not as part of a consolidated, class-wide, or representative claim (that is, not brought on behalf of or together with another individual’s claim). An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class-wide, or representative basis. Except as set forth in subparagraph iv, below, if any portion of this arbitration clause is determined to be inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder shall still be given full force and effect. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Both you and we agree that all issues relating to the validity of this agreement to arbitrate will be decided by a court (including but not limited to the substantive scope of our agreement to arbitrate or whether consolidated, class-wide, or representative arbitration is allowed), and do not intend to confer any such powers on an arbitrator.
iii. Costs of Arbitration
For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.
iv.Waiver of Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis only and not on a consolidated, class-wide, or representative basis or the like. If for any reason any court, arbitrator, or state or federal agency with proper jurisdiction holds that this restriction is unconscionable or otherwise unenforceable, then we both agree: (i) that this agreement to arbitrate will be invalidated and terminated and the dispute must be brought in court; and (ii) you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity. In the event that this arbitration agreement is invalidated and terminated in accordance with this subparagraph iv, both you and we agree to submit to the jurisdiction of the United States District Court for the Southern District of Ohio with venue in Cincinnati, Ohio, or in the alternative, to the jurisdiction of the Hamilton County Court of Common Pleas located in Cincinnati, Ohio.
v.Limitations Period
Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two (2) years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted, or otherwise limited by you.
TERMINATION
Either you or Omni Fiber may terminate your Account at any time and for any reason whatsoever. Other than disputing your bill in accordance with the “DISPUTE PROCESS FOR BILLING DISAGREEMENTS” section, your only right with respect to any dissatisfaction with the Service is to terminate your Account by delivering notice to Omni Fiber. Any such notice of termination will be effective upon its actual receipt by Omni Fiber.
If this limitation is ruled inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder of the Agreement shall still be given full force and effect.
WAIVER
No waiver by either party of any breach by the other party of any of its covenants, obligations, or agreements under this Agreement and no waiver by either party of any term or condition of this Agreement shall be a waiver of any subsequent breach or failure or of any other covenant, obligation, agreement, term or condition, or shall any forbearance to seek a remedy for any breach or failure be a waiver of any rights and remedies with respect to such or any subsequent breach or failure.
SEVERABLE PROVISIONS
In the event any portion of these terms and conditions should be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining portions hereof, which shall continue effective.
GOVERNING LAW
The Service is operated from a site in the State of Ohio, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles or conflicts of law.
1-844-844-OMNI (6664)