How can I check data usage for my Mobile Broadband device?
You can check your approximate unbilled monthly data usage for your Mobile Broadband device through the following options:²

• VZAccess^® Manager “Usage” button³
• My Verizon or My Business Account
• Have your Mobile Broadband device wireless number available and call 1.800.922.0204
• Prepaid Mobile Broadband customers can check usage through the VZAccess Manager “Usage” button³ or by calling 1.800.786.8419

Once Prepaid Mobile Broadband allowance or expiration is reached, any session that is in progress will end and any content that is being sent or received may be lost. For expirations, day = 24 hours, week = 7 days, month = 30 days.

Terms & Conditions

Major Account Agreement Terms and Conditions

The Major Account Agreement (MAA) Terms and Conditions apply to businesses that have activated 5 or more lines in their company name (on plans $34.99 or higher) that have signed a Verizon Wireless Small Business Receipt.

Customers who have activated fewer than 5 lines and signed a Verizon Wireless Customer Agreement should refer to the Customer Agreement Terms and Conditions in the Consumer Your Guide.

Definitions

1. Definitions:
1.1. Attainment Tier: The range of total Corporate Subscriber and Employee Subscriber voice and data lines, and M2M Lines with a monthly access fee of $34.99 or higher, that are active under this Agreement at any time, including the lines of participating parents and affiliates as per the “Purchases by Parents and Affiliates” section below.

1.2. Corporate Subscriber(s): An employee of Customer utilizing Wireless Service under this Agreement whose account is set up in Customer’s name and for which Customer bears responsibility.

1.3. Employee Subscriber(s): An employee of Customer utilizing Wireless Service pursuant to the “Purchases by Employees” section below whose account is set up in the employee’s name and for which the employee bears responsibility.

1.4. Eligible Data Feature(s): Any Verizon Wireless data feature with a monthly access fee of $24.99 or higher that Verizon Wireless makes generally available to consumers or business customers, unless such data feature specifies that discounts are not applicable.

1.5. Eligible Plan(s): Any voice, data or M2M plan with a monthly access fee of $34.99 or higher that Verizon Wireless makes generally available to consumers or business customers, unless such plan specifies that discounts are not applicable.

1.6. Equipment: Wireless telephones, data modems and similar devices and ancillary accessories used in conjunction with Wireless Service.

1.7. Legal Notice: Notice given in accordance with the requirements for “Legal Notices” set forth in the “Notices” section below.

1.8. Machine to Machine Service (“M2M Service”): M2M refers to use of the Wireless Service for the transmission of data between wireless devices and computer servers or other machines, or between wireless devices, with limited or no manual intervention or supervision.

1.9. M2M Line(s): An individual line of M2M Service used under this Agreement which is set up in Customer’s name and for which Customer bears responsibility.

1.10. Wireless Service: Each and every radio service provided directly or indirectly by Verizon Wireless.

Term of Agreement and Line Term

2. Term; Early Termination Fees:
2.1. Term of Agreement: This Agreement will have an initial term of 2 years from the date it is signed by Customer (“Effective Date”) and accepted by Verizon Wireless and shall continue thereafter on a month-to-month basis until terminated by either Party with at least 30 days’ Legal Notice. After termination, Wireless Service will continue for any active Corporate Subscribers, or M2M Lines, under the terms and conditions of this Agreement and for any active Employee Subscribers under the terms and conditions of their respective Verizon Wireless retail customer agreements, until their lines are either terminated or incorporated under another Verizon Wireless agreement; however, Verizon Wireless may remove discounts and other benefits of this Agreement from any such lines.

2.2. Line Term: The term for each line (the “Line Term”) begins on the date Wireless Service is activated for that line and continues for the period required by the calling plan or Equipment selected for that line (usually 1 or 2 years). Line Term extensions are required when Customer: (a) takes advantage of promotions or services that require a Line Term extension; or (b) purchases or upgrades Equipment except for ancillary accessories used in conjunction with Wireless Service. When the Line Term expires, Wireless Service continues on a month-to-month basis. Activation fees are waived for Corporate Subscribers on voice and data plans. M2M Lines are subject to activation fees of $15 for 1-year Line Terms and $10 for 2-year Line Terms.

2.3. ETF: An early termination fee (“ETF”) of $175, minus $5 for each full month of the Line Term completed since activation or since the most recent Line Term extension (if any), applies to each voice or data line terminated or ported to another service provider prior to the expiration of the Line Term. An ETF of $50 applies to each M2M Line terminated or ported to another service provider prior to the expiration of the Line Term. Customer may terminate any of its lines within 30 days of activation without an ETF, provided that within that 30-day period, it returns any Equipment that was purchased at a discount from Verizon Wireless in connection with the activation of the line. Customer shall be responsible for all service-related charges incurred up to the time of termination.

Pricing and Equipment

3. Plans, Features, Rates and Charges:
The voice, data or M2M plan and any options, features or applications that are selected by the Customer determine the applicable rates, charges, allowance of minutes or megabytes and Wireless Service coverage area for each line. Some plans may have restrictions on the type of Equipment that can be activated on them. Information about retail plans, options, features, and applications (i.e., those that Verizon Wireless makes generally available to consumers or business customers) and their terms and conditions may be obtained at Verizon Wireless stores, on verizonwireless.com or from Verizon Wireless business sales representatives. Customer can activate any (a) retail plans, options, features and applications, subject to their terms and conditions which become part of this Agreement upon activation; or (b) custom plans, options, features and applications, if any, described in the attachments to this Agreement. The voice, data or M2M plan monthly access fees and non-promotional allowance of minutes and/or megabytes for each line will not change during the Line Term as long as Customer does not change plans on that line. Other rates, charges and fees, including but not limited to charges for options, features, applications and 411 Connect, may be changed following 30 days’ written notice. Verizon Wireless may discontinue any retail plans, options, features and applications for new activations without notice. If Customer changes or upgrades Equipment, Verizon Wireless may require it to change to a then-current plan that is compatible with the changed or upgraded Equipment. Corporate discounts and pricing may not be available to purchases made through agents or at retail store locations.

3.1. Attainment Tier and Monthly Access Fee Discount: Provided Customer maintains a minimum of 5 Corporate Subscriber lines on Eligible Plans, Corporate Subscribers, M2M Lines and Employee Subscribers shall receive the monthly access fee discount on Eligible Plans and Eligible Data Features based on Customer’s Attainment Tier. In order for the Employee Subscriber lines to count toward the Attainment Tier and receive discounts, the employee must follow the process set forth in the “Purchases by Employee Subscribers” section below.

3.2. Attainment Tier and Discount Changes: If Customer does not achieve at least the lower end of its initial Attainment Tier within 180 days after the Effective Date or thereafter falls below the lower end of its Attainment Tier for 2 consecutive months, Verizon Wireless may adjust the monthly access fee discount and other benefits under this Agreement for Corporate Subscribers, M2M Lines and Employee Subscribers, consistent with the applicable lower Attainment Tier. If Customer exceeds its Attainment Tier for at least 2 consecutive months, Verizon Wireless will adjust the monthly access fee discount and other benefits under this Agreement for Corporate Subscribers, M2M Lines and Employee Subscribers, consistent with the applicable higher Attainment Tier, if Customer so requests in writing to Verizon Wireless. Any such Attainment Tier adjustment may take one to two bill cycles to become effective and will not result in any retroactive discounts, credits or charges.

3.3. Account Implementation: In order for Verizon Wireless to implement the benefits of this Agreement (including the creation of any custom plans, options, features or applications), Customer must provide certain information, such as name, mobile telephone number and account information of any lines Customer wants to enroll under this Agreement. Following receipt of all necessary information, Verizon Wireless will complete Customer’s account implementation within 90 days.

4. Equipment Purchased From Verizon Wireless:
The following provisions apply to Equipment purchased directly from Verizon Wireless by Customer pursuant to this Agreement:

4.1. Equipment Pricing: Verizon Wireless offers corporate equipment pricing, based on Customer’s Attainment Tier. Equipment pricing information may be obtained from a Verizon Wireless sales representative or through Customer’s online ordering site. Equipment is subject to availability and prices are subject to change. Discounts may not be available on some Equipment. When activating new service or upgrading an eligible line, Customer will receive the lower of either corporate equipment pricing or advertised retail Equipment pricing, provided Customer meets the terms of the offer. Customer may not activate Equipment purchased at a discount from Verizon Wireless on M2M Lines. Customer is eligible to upgrade Equipment at discounted pricing 2 months before expiration of a 12-month Line Term or 4 months before expiration of a 24-month Line Term. Customer may purchase Equipment at non-discounted, full retail pricing at any time.

4.2. Shipping, Risk of Loss and Acceptance: Billing and shipping addresses must be in the Verizon Wireless licensed service area. Equipment will be shipped to the address designated on Customer’s order. Title and risk of loss pass to Customer and acceptance occurs upon receipt of the Equipment by Customer or Customer’s agent at the address designated on Customer’s order. Verizon Wireless may charge Customer for shipping. Verizon Wireless will ship Equipment within 5 business days of receipt of Customer’s order, subject to availability.

4.3. Equipment Returns: Customer shall have 30 days from acceptance, or a longer period if required by law, during which it may exchange Equipment or return it for a refund.

4.4. SIM Cards, Software Updates, Service Programming Code: If Equipment requires a Verizon Wireless provided SIM (Subscriber Identity Module) card, any intellectual property or software in the SIM is the property of Verizon Wireless. Verizon Wireless may change or update the software or other data in the SIM card or the software in the Equipment over the
air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. Equipment purchased from Verizon Wireless can be reprogrammed for use with another wireless carrier network, by entering a service programming code. The default service programming code on Verizon Wireless equipment is “000000”. Verizon Wireless in no way guarantees that such Equipment will be capable of being reprogrammed for use with another wireless carrier network after the service programming code is entered, or that another wireless carrier will accept Equipment for use on its network. Default service programming codes are not applicable to pre-pay, GSM or data-only Equipment.

5. Equipment Purchased From Third Parties, Open Development:

Customer may activate Equipment purchased from third parties, including those participating in the Verizon Wireless Open Development program, if the third-party Equipment is on Verizon Wireless’s approved device list at the time of activation. Third-party Equipment providers establish their own terms and conditions for the sale of Equipment, and Verizon Wireless has no control over such third parties’ charges, terms of purchase or return policies and cannot vouch for the call quality or overall functionality of such Equipment. Verizon Wireless shall not be responsible for any claims related to any Equipment provided by such third parties, or Customer’s use thereof, including but not limited to loss, damage or replacement of such Equipment.

6. Lost or Stolen Equipment:

If Customer’s Equipment is lost or stolen, Customer may request that Verizon Wireless suspend service and billing to the affected line for the lesser of 30 days or until the date of replacement or recovery of the Equipment, after which service and billing for such line shall resume. The time of any suspension will not count toward satisfying the Line Term. Verizon Wireless may request reasonable documentation in support of such suspension. Verizon Wireless may hold Customer responsible for charges associated with the line until Customer notifies Verizon Wireless of the lost or stolen Equipment.

Purchasing

7. Purchases by Customer (Authorized Contact[s]):

Customer shall identify representatives authorized to purchase Wireless Service and Equipment under this Agreement and to act on its behalf (“Authorized Contact(s)”) by providing their name(s), telephone number(s), and business and e-mail address(es) in writing to Verizon Wireless. Customer’s initial Authorized Contact(s) may be identified on the first page of this Agreement. An Authorized Contact shall have full authority to handle
all matters contemplated by the Agreement or relating to Customer’s account(s), unless otherwise specified by Customer in writing to Verizon Wireless. Customer may elect to designate a third party as an Authorized Contact provided it complies with the requirements set forth in the “Customer’s Use of Third Parties” section below.

8. Purchases by Employee Subscribers:

Customer’s employees and its participating parents’ and affiliates’ employees (with proof of employment) may activate new or register existing lines of Wireless Service on plans, options, features, and applications that Verizon Wireless makes generally available to consumers and obtain the applicable monthly access fee discounts on Eligible Plans and Eligible Data Features as well as corporate equipment pricing, not to exceed 5 lines per employee, provided such employee first: (a) registers under Customer’s account at verizonwireless.com/getdiscounts; (b) executes a Verizon Wireless retail customer agreement; and (c) qualifies under Verizon Wireless consumer credit criteria. Employee discounts may not be available in retail stores or through Verizon Wireless agents. Upon request, Customer shall confirm the employment status of Employee Subscribers.

8.1. Employee Subscriber Bonus Discount: Employee Subscribers will be eligible for an additional three percent (3%) monthly access fee discount on their Eligible Plans and Eligible Data Features provided they register with “My Verizon” and enroll in paperless billing. Should an Employee Subscriber cancel either of these services, the bonus discount will be removed.

9. Purchases by Parents and Affiliates:

Customer’s qualifying parents and affiliates identified in writing by Customer and verified by Verizon Wireless may purchase Wireless Service and Equipment under this Agreement, and the Corporate Subscribers, M2M Lines and Employee Subscribers of any participating parent or affiliate will count towards Customer’s Attainment Tier. Any such parent or affiliate (and its employees) may purchase under this Agreement provided that (a) such parent or affiliate executes a Verizon Wireless parent/affiliate agreement; or (b) Customer has the legal authority to bind such parent or affiliate to the terms and conditions of this Agreement and provides Verizon Wireless with a list, which may be attached hereto or provided subsequently, that identifies such parent or affiliate and confirms the exercise of such authority. Customer shall be responsible for payment of all charges due from parents and affiliates under this Agreement if such parent or affiliate defaults on its payment obligations. Customer’s qualifying parents are those entities that own at least 50% of the equity interest in Customer, and Customer’s qualifying affiliates are those entities in which Customer or Customer’s qualifying parent owns, directly or indirectly, at least a 25% equity interest. Parents or affiliates of participating parents or affiliates may not participate hereunder unless they are able to independently satisfy such ownership requirements relative to the Customer that is identified at the beginning of this Agreement. Customer shall use good faith efforts to notify Verizon Wireless in writing if a participating parent or affiliate no longer qualifies hereunder. Upon request, Customer shall confirm that any participating parent or affiliate still qualifies pursuant to this section. Customer hereby authorizes and directs Verizon Wireless, on behalf of its affiliates that participate under this Agreement, to disclose an affiliate’s customer proprietary network information (“CPNI”) to Customer upon Customer’s request. Either Party may disclose this Agreement in whole or in part to any qualifying parent or affiliate of Customer to facilitate participation.

10. No Reselling or Purchases by Third Parties:

This Agreement specifically contemplates the purchase of Wireless Service by Corporate Subscribers and Employee Subscribers of Customer and Customer’s qualifying parents and affiliates only. Except upon written agreement between the Parties, third parties (including agents, contractors or contract employees, and members or franchisees of Customer or of Customer’s qualifying parents and affiliates) may not purchase Wireless Service or Equipment under this Agreement nor may Customer resell the Wireless Service.

Billing and Payment

11. Customer Billing and Payments:

11.1. Monthly Bills: Verizon Wireless bills on a monthly basis, and Customer is liable for all fees and charges, including any applicable Taxes and Surcharges, as defined below, on Corporate Subscriber lines and M2M Lines. Monthly access fees and feature charges are generally billed in advance, while airtime overage and other usage charges are billed in arrears. Monthly billing cycles vary and may not correspond to calendar months. Verizon Wireless provides billing for third parties, and charges for third party services and applications may be placed on Customer’s bill. Customer has the option, at no cost, to block or restrict access to third-party services or applications that may involve a charge being placed on Customer’s bill.

11.2. Payment Terms: Customer shall pay all undisputed charges within 30 days of the date of each bill. Past due amounts shall be, to the extent permitted by the law of the state where Customer’s billing address is located, subject to a late payment fee of 1.5% per month (18% annually) or $5 per month, whichever is greater. If payment by check or similar negotiable instrument is returned by a bank for any reason, Verizon Wireless will charge Customer a returned check fee.

11.3. Disputed Charges: In the event of disputed charges, Customer must,
as soon as practicable following identification of such dispute, provide written notice to Verizon Wireless, which shall include the date of the bill, disputed amounts, the reason for the dispute, and any supporting documentation. Customer has 180 days from the due date of the bill to notify Verizon Wireless of a disputed charge. The Parties will use their good faith efforts to reconcile any disputed charges within 60 days of the date of notification, after which the Parties may invoke the process set forth in the “Dispute Resolution” section below.

11.4. Failure to Pay: Verizon Wireless may, upon prior written notice to Customer, suspend or terminate Wireless Service to some or all lines or deny new activations due to Customer’s failure to either make payment or dispute charges in accordance with
the foregoing provisions regardless of any deposit provided by Customer. If Verizon Wireless sends Customer’s account to a collection agency, Verizon Wireless may also charge Customer for any fees that Verizon Wireless is charged by the collection agency, if it is permitted by the law of the state where Customer’s billing address is located.

11.5. Credits for Interrupted Service: If an answered voice call in the calling plan coverage area is disconnected by Verizon Wireless’s network and the Corporate Subscriber redials the call within 5 minutes of being disconnected, Customer is entitled to receive a one-minute credit. If, due to the fault of Verizon Wireless, a line is unable to receive Wireless Service while in the Verizon Wireless coverage area for more than 24 continuous hours, Customer is entitled to a pro rata daily credit for the period without Wireless Service. To receive any credits under this section, Customer or the Corporate Subscriber must notify Verizon Wireless within 90 days after the call was disconnected or Wireless Service was unavailable by calling 1.800.VZW.4BIZ, an airtime-free and toll-free number.

12. Taxes, Surcharges and Exemptions:

If any federal, state, local or foreign tax, fee, assessment or other charge is required by law to be collected by Verizon Wireless (each, a “Tax”), or a serving carrier charges Tax on a roaming call, then Verizon Wireless may bill such Tax to Customer, and Customer shall pay such Tax. If Verizon Wireless incurs a tax (other than a net income tax) or other expense to comply with legal or governmental requirements, or other expense to provide or improve service to its customers, and Verizon Wireless bills a surcharge to recover or offset the cost of such expense (a “Surcharge”), then Customer shall pay such Surcharge. Taxes and Surcharges may change from time to time. With respect to any Tax other than a Tax charged by a serving carrier on a roaming call, if Customer provides Verizon Wireless with an exemption certificate in the form provided by law, or with other evidence of exemption acceptable to Verizon Wireless, then that specific Tax will not be collected from Customer. If an exemption applied by Verizon Wireless at Customer’s request is found not to apply, then Customer shall upon demand pay Verizon Wireless the uncollected Tax and all related interest, penalties and additions to the Tax. Verizon Wireless shall not issue credits for a Tax that is billed prior to Verizon Wireless’s receipt of evidence of exemption.

13. Bankruptcy/Insolvency/Creditworthiness:

Either Party may terminate this Agreement upon Legal Notice if: (a) the other Party makes an assignment for the benefit of creditors, or admits in writing its inability to pay its debts as they mature; (b) a trustee or receiver of any substantial part of the other Party’s assets is appointed by any court; or (c) a proceeding is instituted under any provision of the Federal Bankruptcy Laws by or against the other Party, and such proceeding is acquiesced in or is not dismissed within 60 days or results in an adjudication in bankruptcy. Notwithstanding the above, Customer’s right to terminate pursuant to this section may only be invoked if Verizon Wireless is unable to provide Customer with Wireless Service and Equipment under this Agreement as a result of the foregoing. If Customer terminates the Agreement pursuant to this section, it shall not be relieved of its obligation to pay for any Wireless Service used and Equipment purchased. At any time during the term of this Agreement, Verizon Wireless may require Customer to provide a deposit to secure payment based upon Customer’s creditworthiness or payment history with Verizon Wireless. Any such deposit shall not relieve Customer of its obligation to pay any Verizon Wireless bills. Verizon Wireless shall pay any interest required by law on such deposit.

Limitations, Warranties and Indemnifications

14. LIMITATION OF LIABILITY:

UNLESS DIRECTLY CAUSED BY
THE WILLFUL MISCONDUCT OF Verizon Wireless, Verizon Wireless SHALL NOT BE LIABLE TO CUSTOMER, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR INJURY TO PERSONS OR PROPERTY, LOSSES (INCLUDING ANY LOSS OF BUSINESS), DAMAGES, CLAIMS OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT, USE OR LOSS OF USE OF THE EQUIPMENT OR ANY INTERRUPTION OF SERVICE. IN NO EVENT SHALL Verizon Wireless OR ITS VENDORS BE LIABLE FOR LOSSES, DAMAGES, CLAIMS OR EXPENSES OF ANY KIND ARISING OUT OF THE USE OR ATTEMPTED USE OF, OR INABILITY TO ACCESS, LIFE SUPPORT OR MONITORING SYSTEMS OR DEVICES, 911 OR E911, OR OTHER EMERGENCY NUMBERS OR SERVICES.

15. LIMITATION OF DAMAGES:

NEITHER PARTY, NOR ITS AGENTS OR VENDORS, SHALL BE LIABLE TO THE OTHER PARTY, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

16. DISCLAIMER OF WARRANTIES:

Verizon Wireless IS NOT THE MANUFACTURER OF THE EQUIPMENT AND MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, FITNESS FOR USE, MERCHANTABILITY, CONDITION, QUALITY, PERFORMANCE OR NON-INFRINGEMENT OF THE EQUIPMENT. WITH RESPECT TO Verizon Wireless, CUSTOMER PURCHASES THE EQUIPMENT “AS IS.” EQUIPMENT SHALL BE SUBJECT TO ANY WARRANTIES PROVIDED TO CUSTOMER BY THE EQUIPMENT MANUFACTURER.

17. Mutual Indemnification:

Each Party shall defend, indemnify and hold harmless the other Party from any and all losses and damages claimed by a third party in any action or proceeding, against the indemnified Party alleging bodily injury (including death) or damage to property, caused by or alleged to have been caused
by the negligence or other wrongful acts or omissions of the indemnifying Party, its employees and authorized agents while on the other Party’s premises, including any final monetary judgments, settlements, reasonable costs and reasonable attorneys’ fees awarded therein.

17.1. Notice and Defense: The Party seeking indemnification shall: (a) provide the other Party with prompt Legal Notice of the claim; (b) allow the indemnifying Party to control the defense and settlement of the claim, provided, however, that the indemnifying Party shall not agree to any injunctive relief or settlement that obligates the indemnified Party to perform any obligation, make an admission of guilt, fault or culpability, or incur any expense, without such indemnified Party’s prior written consent, which shall not be unreasonably withheld, delayed or conditioned; (c) have the right to obtain its own counsel at its own expense; and (d) provide reasonable cooperation to the indemnifying Party.

Dispute Resolution

18. Mandatory Arbitration:

Should a dispute arise under this Agreement, the Parties shall meet within 30 days of Legal Notice of such dispute to attempt to resolve the matter in good faith. Thereafter, the Parties agree to arbitrate any dispute arising out of this Agreement. Such arbitration shall be held before an independent arbitrator pursuant to the Wireless Industry Arbitration (“WIA”) rules in effect at the time of the dispute, as modified by this Agreement and administered by the American Arbitration Association (“AAA”). The United States Arbitration Act, 9 USC §§1-16, as amended, shall govern the arbitration. In the event of any conflict, the WIA rules shall govern. No arbitration between the Parties may proceed on a class basis or be consolidated with any other arbitration without the written consent of all Parties. If the prohibition on class arbitrations set forth above is deemed unenforceable, then neither Party shall be required to arbitrate. Any award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award and shall be binding upon the Parties with no right of appeal. If for any reason the provisions of this Agreement requiring arbitration are declared unenforceable, void or voidable, or if any action or judicial proceeding is permitted, each Party waives any right it may have to trial by jury. Notwithstanding the above, either Party may seek preliminary and final injunctive relief in the event of the unauthorized disclosure of such Party’s Confidential Information or intellectual property infringement.

Confidential Information and Use of Third Parties

19. Confidential Information:

Each Party shall hold in confidence Confidential Information received from the other Party for the term of this Agreement and a period of 2 years thereafter. “Confidential Information” means information (in written, graphic, oral or other tangible or intangible form) concerning the disclosing party’s business, customers, products, services, trade secrets and personnel, and designated as confidential by the disclosing party (if tangible information) by conspicuous markings or (if oral information) by announcement at the time of initial disclosure and written documentation thereof within 30 days thereafter, or if not so marked or announced and documented should reasonably have been understood as being confidential information of the disclosing party either because of other legends or markings, the circumstances of disclosure or the nature of the information itself. Confidential Information may include proprietary material as well as material subject to and protected by laws regarding secrecy of communications or trade secrets, and may include information acquired by the disclosing party from a third party under an obligation of confidentiality. Confidential Information also shall include the pricing and other terms and conditions of this Agreement, which both Parties shall be required to hold in confidence. Neither Party shall disclose Confidential Information of the other Party to any third party or use Confidential Information of the other Party for any purpose other than as specified in this Agreement. The Parties may disclose Confidential Information of the other Party to their agents that have a need to know under this Agreement and are bound by non-disclosure obligations that are substantially similar to those set forth herein. Customer’s agents are subject to the additional requirements set forth in the “Customer’s Use of Third Parties” section below. Notwithstanding anything to the contrary set forth herein, Customer must obtain Verizon Wireless’s written permission prior to disclosing any Confidential Information of Verizon Wireless to any direct competitor of Verizon Wireless.

19.1. General Exclusions: The foregoing restrictions shall not apply
to information to the extent that it: (a) is or becomes publicly available through no act or omission of the receiving Party; (b) was already in the lawful possession of the receiving Party without an obligation of confidentiality; (c) is lawfully disclosed to the receiving Party by a third party without restriction; (d) is required to be disclosed by subpoena or other legal process, limited to the extent required by the terms of such subpoena or other legal process; (e) is approved in writing by the disclosing Party for further disclosure; (f) is independently developed without reference to the Confidential Information and is so documented by the receiving Party; or (g) is required to port telephone numbers. Verizon Wireless shall not be deemed to have received Confidential Information of Customer solely because Customer receives, transmits, obtains or otherwise exchanges such information through the use of the Wireless Service, or a Verizon Wireless service to Customer involves the hosting, transport or other similar handling of such information.

19.2. Permitted Usage and Disclosure of Confidential Information: Nothing contained herein shall prevent either Party from using or disclosing Confidential Information for the purposes of (i) soliciting Customer’s employees to purchase Wireless Service and Equipment under this Agreement; (ii) facilitating parent/affiliate participation under this Agreement; or (iii) disclosing general information about this Agreement in limited internal announcements to its employees.

20. Customer’s Use of Third Parties:

Customer may employ third parties to make purchases, act as an Authorized Contact or perform other telecommunications management services under this Agreement, subject to the following: (a) Customer must notify Verizon Wireless in writing prior to use of a third party and identify the scope of such third party’s authority; (b) Customer grants Verizon Wireless permission to disclose to such third party any information relating to the Agreement or Customer’s account(s); (c) such third party must be bound by confidentiality obligations that are substantially similar to those in this Agreement; (d) Verizon Wireless reserves the right to require such third party to enter into a non-disclosure agreement with Verizon Wireless; and (e) Customer’s right to terminate this Agreement shall remain solely with Customer.

Availability and General Provisions of Wireless Service

21. Wireless Service Availability:

Wireless Service uses radio technologies and is subject to transmission and service area limitations, interruptions and dropped calls, caused by atmospheric, topographical or environmental conditions, cell site availability, Equipment or its installation, governmental regulations, system limitations, maintenance or other conditions or activities affecting Wireless Service operation. Wireless Service and/or features may not be available in all areas. Wireless Service is only available within each applicable calling plan coverage area, within the operating range of the wireless systems, and with Equipment that is authorized to operate on the Verizon Wireless network.

22. Enhancement of Wireless Service:

Due to regulatory provisions regarding Verizon Wireless’ network licenses, Customer shall obtain Verizon Wireless’ prior approval and written agreement before it may install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate Wireless Service. Verizon Wireless may terminate lines and, upon Legal Notice, may terminate this Agreement and pursue any other available remedies if Customer violates this section.

23. Use of Wireless Service and Equipment; Rights to MTNs:

In order to protect the Verizon Wireless network, operations and other customers, Verizon Wireless may suspend or terminate service to affected lines if Customer uses the Wireless Service or Equipment: (a) in an illegal or unauthorized manner (including “spamming” or other abusive messaging); (b) in a manner prohibited by the applicable plan, option, feature or application; or (c) in a manner that has an adverse impact on Verizon Wireless’s network, operations or customers. If Customer continues using the Wireless Service in such a manner, Verizon Wireless may deny activation to new lines or, upon Legal Notice, may terminate this Agreement. Verizon Wireless will assign one mobile telephone number (“MTN”) to each line and while Customer can port its MTNs from Verizon Wireless to another carrier, it does not have any property right in the MTN and Verizon Wireless may change, reassign or eliminate an MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes, and regulatory or statutory law enforcement requirements.

24. M2M Management Center:

The Machine-to-Machine Management Center (“M2M Management Center”) provides Customer with the ability to remotely monitor and manage its M2M devices. If Customer desires to access and use the M2M Management Center, it must so request in writing, and Verizon Wireless shall provision the M2M Management Center on Customer’s account. Applicable rates and charges, if any, shall be set forth in this Agreement. The M2M Management Center may be provided by Verizon Wireless’ third party supplier nPhase. The set-up time is estimated to take four to six weeks. The rights granted to Customer herein for access to and use of the M2M Management Center are specific to Customer and may not be transferred to another party without Verizon Wireless’ prior written consent. Verizon Wireless and nPhase retain full and exclusive ownership of all intellectual property rights associated with the M2M Management Center including any alterations, modifications, improvements and derivative works thereof. The limitation of liability, limitation of damages and disclaimer of warranties sections of the Agreement apply to nPhase and to services provided hereunder by nPhase.

Miscellaneous

25. Assignment:

Provided an assignee possesses the financial and operational capabilities to perform under this Agreement and agrees in writing to assume and fully discharge all of the duties and obligations of the assignor arising under this Agreement, either Party may assign this Agreement in its entirety, without the other Party’s consent, to either of the following: (a) any entity that controls, is controlled by or is under common control with the assigning Party; or (b) a successor in interest to all or substantially all of the assets and business of the assigning Party. Customer may not assign its rights or delegate its duties under this Agreement to any direct competitor of Verizon Wireless without the prior written consent of Verizon Wireless. Except for the foregoing, neither Party may assign its rights under this Agreement to any other entity without the prior written consent of the other Party, which shall not be unreasonably withheld, delayed or conditioned. Subject to the provisions of this section, this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns, if any, of the Parties hereto.

26. Force Majeure:

Any failure of Verizon Wireless to perform hereunder shall be excused if caused by failure of a third party wireless or telecommunications provider serving a particular area, power failure, national emergency, interference by any governmental agency, acts of God, strikes, other labor disturbance, severe weather conditions, fire, terrorism, riots, war, earthquakes, or any other causes beyond Verizon Wireless’s reasonable control.

27. Trial Products or Services:

The terms and conditions of this Agreement shall apply to any trial products or services that may be provided to Customer by Verizon Wireless, unless expressly superseded by a written agreement relating to such trial. Verizon Wireless may hold Customer responsible for unreturned or damaged trial products.

28. Notices:

Whenever this Agreement calls for a “Legal Notice” to be given, notice shall be given in writing and shall be valid and sufficient if dispatched by: (a) registered or certified mail, postage prepaid, (b) hand delivery or (c) a nationally recognized express courier, and addressed to the address(es) for the receiving Party designated on the cover page of this Agreement (as may be updated in writing from time to time by Legal Notice). Notice to Customer may be made to Customer’s designated Authorized Contact(s). Any notice given in accordance with the foregoing requirements shall be deemed effective upon delivery. All other notices and communications related to this Agreement may be made via mail or e-mail to an Authorized Contact, mail to the billing address on the account, and/or message with Customer’s monthly bill.

29. Governing Law, Venue and Jurisdiction:

Subject to the provisions of the “Dispute Resolution” section above, the validity, construction and performance of this Agreement shall be governed and interpreted in accordance with the laws of the State of New York, without reference to its conflict of laws or other rules that would require the application of the laws of another jurisdiction. Each Party submits to personal jurisdiction exclusively in New York, New York, and waives all objections to a New York venue.

30. Counterparts and Admissibility of Copies:

This Agreement may be executed in counterparts each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same instrument. An electronic or facsimile copy of the executed Agreement or counterpart shall be deemed, and shall have the same legal force and effect as, an original document.

31. No Waiver:

Any forbearance or delay on the part of either Party in enforcing any rights under this Agreement shall not be construed as a waiver of such rights. Any grant of a waiver in one instance shall not be construed as a continuing waiver in all similar instances. No provision of this Agreement shall be considered waived unless expressly waived in writing, signed by the party against whom enforcement of such provision is sought.

32. Severability:

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.

33. Survival:

Termination of this Agreement shall not affect either Party’s accrued rights or obligations under this Agreement as they exist at the time of termination, or any rights or obligations that either expressly or by implication continue after this Agreement has ended.

34. Entire Agreement:

This Agreement (including any attachments) and the terms and conditions of any plans, options, features, and applications (collectively, “Service Offerings”) or Equipment offerings selected by Customer, constitute the entire agreement between the Parties with respect to the subject matter hereof. The terms and conditions of this Agreement shall prevail over any conflicting terms and conditions of a Service Offering or Equipment offering, except for terms and conditions that are specific to the use of the selected service or Equipment. Except for terms and conditions incorporated in this Agreement through Customer’s activation of Service Offerings or Equipment, this Agreement shall not be amended or modified without specific written agreement signed by both Parties. In no event shall any terms and conditions be added or modified by purchase order. This Agreement supersedes all prior agreements for the provision of Wireless Service and Equipment between Customer and Verizon Wireless.

Regulatory Disclosures

Customer Consent to Use CPNI:

[Not applicable to Arizona customers.] Verizon Wireless and its affiliates (the “Verizon Companies”) may need Customer’s permission to share information about Customer as described below. The Federal Communications Commission (“FCC”) and various states require Verizon Wireless to protect certain information that is made available to it solely by virtue of Customer’s relationship with it. This information is known as Customer Proprietary Network Information (“CPNI”), and it includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of Customer’s telecommunications services purchased (including specific calls Customer makes and receives) and related local and toll billing information. CPNI does not include subscriber lists or published information (listed or unlisted), such as Customer’s name, telephone number and address; such information is not subject to the CPNI rules’ use limitations. The Verizon Companies acknowledge that Customer has a right under federal and state law to protect the confidentiality of Customer’s CPNI, and to direct the Verizon Companies not to use Customer’s CPNI or to limit use and disclosure of and access to it, and the Verizon Companies have a duty to comply with the limitations Customer designates. By its signature on this Agreement, Customer grants the Verizon Companies permission, solely for the purpose of offering Customer current and future products and services available from the Verizon Companies and from the Vodafone Companies, to use, to permit access to and to disclose Customer’s CPNI among the Verizon Companies, to their agents, contractors, and partners, and to the Vodafone Companies. (The “Vodafone Companies” refers to Vodafone Group PLC, Vodafone Group Service Limited, their affiliates and partner networks.) Customer has a right to disapprove of these uses of CPNI, and may withdraw or limit this consent at any time by emailing Verizon Wireless at cpni-notices@verizonwireless.com. Customer’s consent will remain valid until Verizon Wireless receives such a notice withdrawing consent. Customer’s refusal or withdrawal of consent will not affect the provision of services to which Customer subscribes.

Export Control:

Customer acknowledges that the export, import, and use of certain hardware, software, and technological data provided under this Agreement is regulated by the United States and other governments and agrees to comply with all applicable laws and regulations, including the U.S. Export Administration Act, the regulations promulgated thereunder by the U.S. Department of Commerce, and any other applicable laws or regulations such as those that prohibit Equipment or Wireless Service from being used in or accessed by a national of Cuba, Iran, North Korea, Sudan, Syria or any other sanctioned or embargoed country. If Customer chooses to access or use the Equipment or Wireless Service or any website or portal maintained by Verizon Wireless from locations outside the United States, Customer does so on its own initiative and will be solely responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the country in which Customer is accessing or using the Equipment or Wireless Service or such website or portal. Customer acknowledges that Verizon Wireless has made no representations concerning the appropriateness or availability of the content on any website or portal maintained by Verizon Wireless when accessed in locations outside the United States, and accessing same from locations where their contents are illegal is prohibited.

HIPAA Compliance:

In the event that Customer uses the Wireless Service (whether immediately or at any future time) to transmit, receive, store or process Protected Health Information (“PHI”), as that term is defined by the Health Information Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act as amended and as implemented by the associated regulations (the “Acts”), Customer shall (i) comply with the Acts; (ii) encrypt all PHI at rest and in motion in accordance with the Guidance provided by the Department of Health and Human Services in the Federal Register Vol. 74, No. 79 on page 19006 (dated April 27, 2009); and (iii) comply with Verizon Wireless’s applicable insurance requirements. The Parties acknowledge that Customer has advised Verizon Wireless as to whether Customer has any present intention to use the Wireless Service to transmit, receive, store or process PHI, and that if Customer indicated that it does then Verizon Wireless has provided Customer with a copy of Verizon Wireless’s applicable insurance requirements as currently in effect. If Customer indicated that it does not, then Customer will obtain the then-applicable insurance requirements from Verizon Wireless before such time, if any, as it commences to transmit, receive, store or process PHI.

Use of Wireless Service for Remote Medical Monitoring:

In the event that Customer plans to use the Wireless Service for the purpose of remote medical monitoring, Customer shall promptly notify Verizon Wireless of its plans to do so and will comply with Verizon Wireless’s then-applicable insurance requirements, as provided to Customer following such notification.

■ Data Services

Verizon Wireless charges you for all data and content sent or received using our network (including any network overhead and/or Internet Protocol overhead associated with content sent or received), as well as resolution of Internet Protocol addresses from domain names. Sending or receiving data using a virtual private network (VPN) involves additional VPN overhead for which you will be charged. Please note that certain applications or widgets periodically send and receive data in the background, without any action by the user, and you will be billed for such data use. Applications may automatically re-initiate data sessions without you pressing or clicking the send or connect button. Data sessions automatically terminate after 24 hours. A data session is inactive when no data is being transferred. Data sessions may seem inactive while data is actively being transferred, or may seem active when the data is actually cached and data is not being transferred. If you have a Data Only plan and use voice service, domestic voice calls will be billed at $0.25/minute.

We are implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While we invest much effort to avoid changing text, image, and video files in the compression process, and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit verizonwireless.com/vzwoptimization

Verizon Wireless strives to provide customers the best experience when using our network, a shared resource among tens of millions of customers. To help achieve this, if you use an extraordinary amount of data and fall within the top 5% of Verizon Wireless data users we may reduce your data throughput speeds periodically for the remainder of your then current and immediately following billing cycle to ensure high quality network performance for other users at locations and times of peak demand. Our proactive management of the Verizon Wireless network is designed to ensure that the remaining 95% of data customers aren’t negatively affected by the inordinate data consumption of just a few users.

Data transfer amounts will vary based on application. If you download an audio or video file, the file may be downloaded in sections or in its entirety; data charges will apply to the portion downloaded, regardless of whether you listen to or watch all of it. You may access and monitor your own data usage during a particular billing period, including during the Return Period, by accessing My Verizon online or by contacting Customer Service.

Prepaid Mobile Broadband Tablet Plans automatically renew each month on the same calendar day as the original purchase (if the purchase was made on days 29–31, the renewal date is the 1st of the following month), and the customer’s credit card is billed accordingly. If the entire data allowance is used before the renewal date, service will not be available until the plan automatically renews, unless a new data plan is purchased. If a new data plan is purchased, the automatic renewal date is adjusted according to the new purchase date.

■ Data Services: Permitted Uses

You can use our Data Services for accessing the Internet and for such things as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP).

■ Data Services: Prohibited Uses

You may not use our Data Services for illegal purposes or purposes that infringe upon others’ intellectual property rights, or in a manner that interferes with other users’ service; that violates trade and economic sanctions and prohibitions as promulgated by the departments of Commerce, Treasury or any other U.S. government agency; that interferes with the network’s ability to fairly allocate capacity among users or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable “bots” or similar routines (as set forth in more detail in (ii) below) or otherwise degrade network capacity or functionality; (ii) “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or email use by others; (iii) generating “spam” or unsolicited commercial or bulk email (or activities that facilitate the dissemination of such email); (iv) any activity that adversely affects the ability of other users or systems to use either Verizon Wireless’ services or the Internet-based resources of others, including the generation or dissemination of viruses, malware or “denial of service” attacks; (v) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, Verizon Wireless’ or another entity’s network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions, unless they adhere to Verizon Wireless’ requirements for such usage, which may be changed from time to time.

We further reserve the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and we reserve the right to deny, modify or terminate service, with or without notice, to anyone we believe is using Data Services in a manner that adversely impacts our network. We may monitor your compliance, or other subscribers’ compliance, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law. [See verizonwireless.com/privacy]

■ International Eligibility

International Eligibility requires a minimum payment history and credit approval; a contract term and security deposit may also be required. Failure to maintain these requirements may result in suspension of International Eligibility without notice. You can remove International Eligibility at any time by calling Customer Service. You are responsible for any unauthorized use of your SIM Card and will safeguard security codes. Upon termination of service, destroy your SIM Card.
See verizonwireless.com/global for details.

■ International Long Distance

You need International Eligibility to make international calls to most countries, but you can make calls to some North American destinations without it. Additional surcharges may apply when calling certain countries; see verizonwireless.com/global for details.

■ International Roaming

Some services, such as premium text messaging, directory assistance, entertainment lines and third-party services, may be available, and charges for these services will be billed (along with applicable toll charges) in addition to roaming rates. Message-waiting-indicator service is not available where Text Messaging is not available. When using Global Phone services, or if you subscribe to a Nationwide Plus Canada or Nationwide Plus Mexico Plan, and you’re roaming near country borders, calls may be carried by a cell site located in a neighboring country and billed at that country’s rates. Verizon Wireless will terminate your service for good cause if less than half of your voice or data usage over three consecutive billing cycles is on the Verizon Wireless Nationwide Rate and Coverage Area.

■ Group Communication

By creating a group through Group Communication, you agree to act as the administrator and to take responsibility to moderate the group (including all conduct of your group members through call, text, or voice messages). If someone reports any content as illegal, infringing or otherwise inappropriate, you will be responsible for taking such action to remediate the issue.

■ Caller ID

Some Verizon Wireless services allow customers to determine how their names, mobile phone numbers and other personal information (“Caller ID”) appears to the person receiving the call. Verizon Wireless does not pre-screen Caller ID information that you submit when using these services. To use these services, you must represent and warrant to Verizon Wireless that the information you provide is accurate, not intended to offend, impersonate, misinform or mislead others, and does not infringe or violate someone else’s rights or violate the law, rules or regulations with regard to privacy, intellectual property or otherwise.

Customers may also be able to download software applications offered by unaffiliated third-party providers that manipulate or “spoof” the Caller ID that appears to the person receiving the call. Verizon Wireless does not pre-screen the third-party applications that you may download. However, you should review any applicable third-party terms and conditions before subscribing to or using such services.

Verizon Wireless has the right, in its sole discretion, to refuse to pass or to remove any Caller ID information and to investigate reports of misuse, abuse or other violations. Such violations may result in your service being limited, suspended or terminated for cause. Submitting misleading or inaccurate information to Verizon Wireless or a third-party provider, or misuse of your wireless device, with the intent to defraud, cause harm, or wrongfully obtain anything of value may also subject you to civil and criminal penalties.

■ Content Filters

The default setting is Filter Off. Currently, Content Filters can filter video clips available through Verizon Video, websites accessible through most wireless devices, apps accessible through Verizon Apps, short-code based messaging campaigns, “Explicit” labeled music on V CAST Music and Verizon iD, and content accessible through Media Center/Get It Now. Content from other sources is not filtered at this time. Other limitations apply. Visit verizonwireless.com/contentfilters or call 1.800.922.0204 for additional information.

■ VZ Navigator

Do not attempt to enter or change information while driving. Traffic features are limited to major roadways in certain areas only. Accuracy and completeness of information is not guaranteed.

■ VZ Navigator Global

VZ Navigator Global isn’t available in every country (in English or Spanish) and doesn’t include all of the features currently available through VZ Navigator. When you send messages or place calls using VZ Navigator Global, you will be charged standard international rates per your Plan, feature and/or bundle.

■ Media Center and Verizon Apps

You will be responsible for all charges incurred until the Apps are deleted from your account, even if you lose or replace your phone, block Media Center/Verizon Apps on your phone or your account is suspended. You agree: (1) to use Apps only on the phone to which they are downloaded, even if downloaded pursuant to an unlimited or other long-term subscription, unless transfers to replacement phones are explicitly permitted by Verizon Wireless; (2) not to (i) harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; (ii) provide false information or impersonate another person; and/or (iii) take any action that infringes upon any third party’s copyright, trademark, patent or other intellectual property right(s); and (3) to the license agreement, if any, between you and each app developer.

■ Messaging Programs

Messaging programs use unique five- or six-digit numbers, called “short codes.” They are provided by third parties, and we are not responsible for any content, information or services provided by third-party services through these programs. The programs and opt-in requirements vary. Short codes, whether sent or received, may be subject to standard messaging charges. Some programs may also charge additional premium fees (“Premium Messaging Programs”), the amount and billing frequency of which will be disclosed at time of opt-in and billed on your Verizon Wireless bill.

To opt out at any time, send the words CANCEL, END, QUIT, STOP or UNSUBSCRIBE to the applicable short code. To get more information, including contact details for the third-party sponsor, send the word HELP to the short code. Some programs may be subject to additional terms and conditions.

Block Premium Messaging will cancel all current Premium Messaging Programs at the time the blocking feature is activated. No credits or pro-rating will be applied.

■ Verizon Wireless Roadside Assistance

Verizon Wireless Roadside Assistance service is available for legally registered light passenger vehicles (e.g., sedans, coupes, motorcycles, convertibles, SUVs, light-duty pickups, etc.). Coverage does not include service of any kind on vehicles used for commercial purposes or using dealer tags. For every line enrolled, you can only make four calls a year for Verizon Wireless Roadside Assistance service.

Verizon Wireless Roadside Assistance services are provided by Signature Motor Club, Inc. (in California, Signature Motor Club of California, Inc.), subsidiaries of Allstate Enterprises, LLC, an independent company contracted to provide roadside assistance to Verizon Wireless customers. You can receive Verizon Wireless Roadside Assistance service two days after the feature is added.

■ Plan and Feature Discounts

Verizon Wireless offers monthly access discounts on eligible plans and features, as well as corporate-only plans and equipment pricing, to qualifying businesses. If you are not a business customer, you may be able to receive a monthly access discount based on where you work or through an organization with which you are affiliated. Unless otherwise noted, plans $34.99 or higher and data features $24.99 or higher when added to such plans are eligible for discounts. Prepaid Plans, Unlimited Anytime Minute Plans and, except for business customers, Mobile Broadband Plans are not eligible for discounts. SharePlan monthly access includes an account monthly access charge and line monthly access charge for two lines: Each line monthly access charge is equal to the charge for each extra line. Discounts apply only to the SharePlan account monthly access charge. Business customers can receive a discount on the 2 GB Data Package when added to a business calling plan. Please speak with a Verizon Wireless Sales Representative, or your organization’s telecom administrator, for more information about discounts you may be eligible for. For information about our business programs, please speak to a Verizon Wireless Business Specialist or call 1.800.VZW.4BIZ.

■ iPhone

The iPhone 4 is configured to work only with the wireless services of Verizon Wireless, and may not work on another carrier’s network, even after completion of your contract term.

Account Manager

Sharing Your Account Access

Adding an Account Manager gives another person access to your account information and authority to manage your account. Account Managers can
perform all transactions except for:

• Change account password
• Add/change Account Manager

Wireless Safety & Assistance

Important Information on Radio Frequency Emissions and Responsible Driving

You can find important and useful information on Radio Frequency Emissions and Responsible Driving in our stores, in the Important Consumer Information brochure included in your equipment box and on our website. Visit verizonwireless.com and click on the links at the bottom of the homepage.

Location Information

Your wireless device can determine its (and your) physical, geographical location (“Location Information”) and can associate Location Information with other data. Additionally, certain applications, services and programs are capable of accessing, collecting, storing and using Location Information and disclosing Location Information to others. You should use caution when determining whether or not Location Information should be made available to others and you should review any applicable third-party privacy policies before providing access. To limit potential unauthorized access to your Location Information, Verizon Wireless offers various mechanisms and settings to manage access to location data. By enabling location settings you are permitting third-party access to Location Information through software, widgets or peripheral components you choose to download, add or attach to your wireless device or through web access, messaging capabilities or other means and you are authorizing Verizon Wireless to collect, use and disclose your Location Information as appropriate to provide you with any location services that you enabled.

Toll-Free Calls and Emergency Services

Calls to 800, 855, 866, 877 and 888 numbers are toll-free; however, you will be billed for airtime. The exceptions are calls to Verizon Wireless Customer Service and Technical Support (press *611 send from your wireless phone) and emergency calls (911), which are toll- and airtime-free. 911 Emergency Assistance: 911 send (toll- and airtime-free from your wireless phone). All calls to *611 or 911 are included in your plan.

Fraud Prevention

Verizon Wireless wants to protect your privacy and works hard to prevent unauthorized phone usage or fraud. Wireless phone numbers and calls are capable of being intercepted by someone with specialized equipment. We use anti-fraud technology to make fraudulent calling very difficult, particularly on digital calls. When roaming in some areas outside our network, you may still need to enter a PIN code before you can place calls. If you did not receive a PIN code when you enrolled for service, and you need one, please call Customer Service.

FCC Rules and Regulations

The Federal Communications Commission (FCC) requires that wireless phones be operated in accordance with FCC rules and regulations and under supervision of the licensee.

Security Deposit

You may have been asked to leave a security deposit at the time you activated your wireless service. You are eligible to receive your security deposit back at the end of one year of uninterrupted service, or upon termination of your service. Your deposit will automatically be refunded after one year, including interest, provided that you have kept your account in “good standing” (this means that you paid your bill continuously for one year in a timely manner). This refund may take up to three billing cycles to be processed. Should you be disconnected at any time during the first year for lack of payment, you forfeit any interest accrued during that time frame. If you terminate your service, but have not paid your final bill, the deposit will be applied to your account, and you will receive any remaining funds. If your service is terminated after the initial 14-day return and exchange period but before the end of your minimum term, your deposit will be applied against the Early Termination Fee in addition to any outstanding balance before a check is processed.

4G LTE Device Not Purchased from Verizon Wireless

You may activate any 4G LTE device that has been certified by Verizon Wireless to be compatible with our 4G LTE network, including devices not purchased directly from Verizon Wireless. If you did not purchase your device from Verizon Wireless, please be aware that certification of a device for use on the Verizon Wireless network does not mean that Verizon Wireless has made any determination as to the function, call quality or other functionality provided by the device. The device provider is solely responsible for the representations of its product function, functionality, pricing and service agreements. Verizon Wireless does not in any way warrant that the certified device (a) will operate or operate without error on the network (including the network of any other carrier accessed while roaming or otherwise), or with available Verizon Wireless branded products and services; (b) will operate without the need for periodic upgrades or modifications to the certified device; (c) will operate indefinitely on the network; (d) will not be subject to service disruptions or interruptions due to government regulation, system capacity, coverage limitations, radio signal interference or other anomalies; or (e) will not be adversely affected by network-related modifications, upgrades or similar activity. Also, you should contact the device provider from whom you purchased the device for questions about its operations and capabilities. Verizon Wireless representatives may not be able to troubleshoot operational difficulties encountered with devices not purchased from Verizon Wireless.

You can try out our service for 14 days.

Please see Return and Service Termination section under the Return & Exchange Policy below
for complete details.

Return & Exchange Policy

(for purchases from Verizon Wireless)

Wireless Device/Accessory Return Policy

You may return or exchange wireless devices and accessories purchased from Verizon Wireless within 14 days of purchase. A restocking fee of $35 ($70 for netbooks and tablets) applies to any return or exchange of a wireless device (excluding Hawaii).

This return and exchange policy does not apply to customers who have purchased a Prepaid Plan. If you purchased your merchandise from another retailer, the retailer’s return/exchange policy applies.

At our discretion, we may decline your return or charge you a fee for a missing item, or for items that we determine are damaged or require service, or if the item or its software has been modified from its manufacturer’s specifications. If you return and we accept your merchandise within the return period, we will refund your purchase price, subject to the restocking fee. If you return a wireless device without a UPC on the box, the amount of the refund will be reduced by the amount of any mail-in rebate that was available for the wireless device at the time of purchase. Purchases made by cash or check, credit card or gift card will be refunded by check, credit card or gift card, respectively.

If you received your merchandise through a “Buy One, Get One Free” or similar offer, both items must be returned in order to receive a refund. For exchanges for the same merchandise make and model, only the item to be exchanged needs to be returned.

Opened software purchased separately may be exchanged only for the exact same item at a Verizon Wireless Communications Store and may not be returned for refund.

Opened AppleCare Protection Plan boxes may be returned to Apple only by calling 1.800.APL.CARE (1.800.275.2273). Apple will provide a full refund within 30 days of purchase, and a prorated refund thereafter. You will need your Verizon Wireless Customer Receipt to establish your purchase date.

Before returning or exchanging any wireless device or accessory that has data in its memory, please transfer all data you wish to retain to another file source. Once the wireless device or accessory is returned, your data cannot be recovered.

Because the FCC requires that nearly all wireless devices on a carrier’s network have GPS capability, Verizon Wireless does not allow non-GPS wireless devices to be activated on our network. If you upgrade from a non–GPS-capable wireless device to a GPS-capable wireless device and then return it within the return period, Verizon Wireless will not allow the non–GPS-capable wireless device back on our network. We will, however, allow you to exchange your new wireless device for another GPS-capable wireless device that will meet your needs, subject to the restocking fee.

Business and Government customers: The terms and conditions of the Return & Exchange Policy, including the return period, may vary by contract. Please contact your Verizon Wireless Account Manager or refer to your contract to determine the applicable terms and conditions.

Returning your merchandise does not automatically terminate your service. You must call Customer Service to cancel service.

Exchange New Merchandise

You are permitted to make one exchange. To make an exchange, return the merchandise (including device, charger, battery, instructions and any other components) in the ORIGINAL box. All merchandise must be in like-new condition and accompanied by the original receipt. Shipping charges may apply to exchange merchandise sent to you by Verizon Wireless.

Return and Service Termination

You may terminate service for any reason within 14 days of activation. If you purchased a wireless device at a promotional price at the time of activation, you must return that wireless device within the device return period to avoid being assessed an Early Termination Fee of $175, or $350 if you purchased an Advanced Device. You will remain responsible for your Activation Fee unless you terminate service within three days of activation. You will also be responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges that accrued to your account through the termination date. If you paid a security deposit, it may take between 30 and 60 days to process the return of your security deposit. The charges for any service used on the account before the service termination date may be applied against your security deposit.

If you cancel your service after the 14-day period, but prior to the expiration of your minimum term, you will be responsible for all of the above-mentioned charges, including the Early Termination Fee.

If you return your merchandise, even by mistake, after the return period, you will not receive a refund and the merchandise you returned will not be returned to you.

If you purchased your merchandise online or by phone, please follow the return instructions in your package. If you purchased your merchandise in a Verizon Wireless store, you can return it to any Verizon Wireless store. Please visit verizonwireless.com/returninstructions for more details.

Extended Limited Warranty
or Service Contract

(Important Information for Customers Who Enroll in the Extended Limited Warranty or Service Contract)

I. Service Contract or Extended Limited Warranty:

IF YOU PURCHASED YOUR DEVICE, AS STATED ON THE RECEIPT, IN ALABAMA, CALIFORNIA, HAWAII, KENTUCKY, ILLINOIS, NEVADA, NEW YORK, OKLAHOMA, OREGON, SOUTH CAROLINA, TEXAS, VERMONT, WASHINGTON OR WYOMING, THIS DOCUMENT IS A SERVICE CONTRACT. OTHERWISE, IT IS AN EXTENDED LIMITED WARRANTY.

II. Fee:
You will be billed a monthly charge in the amount of $1.99, in advance, to receive this Warranty or Service Contract. If you purchase this protection as a part of the Verizon Wireless Total Equipment Coverage package you will be billed $1.81 (Advanced Devices), $1.81 (Phones) or $1.99 (Tablets). The fee is based on your equipment protection program and/or price plan. If, during the term of this agreement, you change your price plan or protection program, the fee may be increased.

III. What This Agreement Covers:

1. COVERAGE IF IT IS AN EXTENDED LIMITED WARRANTY:

   1. Verizon Wireless warrants your individually owned wireless device (hereinafter the “Product”) against defects in material and workmanship under normal use and service.
   THIS WARRANTY COVERS THE WIRELESS DEVICE ONLY AND NOT ITS ACCESSORIES OR BATTERY, INCLUDING THOSE CONTAINED WITHIN THE ORIGINAL PACKAGE.

   2. At its option, Verizon Wireless will replace the Product during the warranty period at no charge, as long as you return it in accordance with the terms of this Warranty to a Verizon Wireless Communications Store or other location specified by Verizon Wireless. The replacement device may be a new or reconditioned device of equal or comparable value to the Product. Non-original manufacturer’s parts may be used in reconditioned devices. All Products returned to Verizon Wireless shall become the property of Verizon Wireless.

2. COVERAGE IF IT IS A SERVICE CONTRACT:

   If there is a defect (including pre-existing) in the material and/or workmanship of your individually owned wireless device (hereinafter the “Product”), and the Product has been subject only to normal use and service, Verizon Wireless agrees to replace the Product at no charge, as long as you return it in accordance with the terms of this Service Contract to a Verizon Wireless Communications Store or another location specified by Verizon Wireless. The replacement device may be a new or reconditioned device of equal or comparable value to the Product. Non-original manufacturer’s parts may be used in reconditioned devices. All Products replaced by Verizon Wireless shall become the property of Verizon Wireless. THIS SERVICE CONTRACT COVERS THE WIRELESS DEVICE ONLY AND NOT ITS ACCESSORIES OR BATTERY, INCLUDING THOSE CONTAINED WITHIN THE ORIGINAL PACKAGE.

IV. What This Warranty or Service Contract Does Not Cover:

1. Defects or damage resulting from use of the Product in other than its normal and customary manner;
2. Defects or damage from misuse, accident or neglect;
3. Defects or damage from improper testing, operation, maintenance, installation, adjustment or any alteration or modification of any kind;
4. Breakage or damage to antennas unless caused directly by defects in material or workmanship;
5. Products disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection and testing to verify any warranty claim;
6. Products with labels removed or illegible serial numbers;
7. Defects or damage due to spills of or immersion in food or liquid;
8. Scratches on all plastic surfaces and externally exposed parts resulting from normal use; and/or
9. Damage resulting from normal wear and tear.

V. How Long This Warranty or Service Contract Lasts:

Verizon Wireless will provide the warranties or benefits, described in Paragraph III, for as long as you subscribe to this program, from the date you activate service or for the duration of your continuous active service with Verizon Wireless using the Product, whichever is less. Activation will be deemed to be no later than fifteen (15) days from the date of delivery of the Product to you, the owner.

VI. How to Get Your Replacement Device Under This Agreement:

To receive your replacement device, present your Product to any Verizon Wireless Communications Store, along with your bill of sale or comparable substitute proof of sale. If you are enrolled in either the Extended Warranty or the Total Equipment Coverage program, call 1.866.406.5154 (toll free from a landline phone) and we’ll diagnose the issue with you right over the phone. You may also visit any Verizon Wireless store to diagnose and address the problem with your wireless device.

VII. Your Obligations Under This Warranty or Service Contract:

You must use the Product in a normal way; you must protect against further damage to the Product if there is a covered defect; you must follow the Product’s instruction manual.

VIII. How and When You or We May Terminate This Warranty or Service Contract:

1. Subject to Paragraph VIII. B., we may terminate this Warranty or Service Contract at any time. You may terminate this Warranty or Service Contract at any time. If your wireless service with Verizon Wireless is terminated or expires for any reason, you will be deemed to have terminated this Warranty or Service Contract.
   If you or Verizon Wireless terminate this Warranty or Service Contract more than thirty (30) days after receiving this Warranty or Service Contract, you will receive a prorated refund of your monthly fee for this Warranty or Service Contract, as applicable.
2. For residents of Georgia, this Service Contract can only be terminated by Verizon Wireless for fraud, material misrepresentation or your failure to pay amounts due hereunder. For residents of Nevada, Verizon Wireless may not terminate this Service Contract before the expiration of the agreed term, if the Service Contract has been in effect for seventy (70) days, except if you: (1) fail to pay an amount when due; (2) commit fraud or make a material misrepresentation in obtaining this Service Contract, or in presenting a claim; or (3) perform any act or omission or violate any condition of this Service Contract, after the effective date of this Service Contract that substantially and materially increases the service required under this Service Contract. Cancellation of this Service Contract by Verizon Wireless will be effective fifteen (15) days after you receive the notice of cancellation.
3. If within thirty (30) days of receiving this Warranty or Service Contract you wish to cancel service and you have not made a claim under this Warranty or Service Contract, simply notify Verizon Wireless and we will refund all fees paid up to the date of termination.
4. IF YOU CANCEL AS DESCRIBED IN THE IMMEDIATELY PRECEDING PARAGRAPH, VERIZON WIRELESS MUST PROVIDE YOU WITH A FULL REFUND NO LATER THAN THIRTY (30) DAYS AFTER YOU NOTIFY VERIZON WIRELESS THAT YOU WISH TO CANCEL THIS WARRANTY OR SERVICE CONTRACT. IF VERIZON WIRELESS DOES NOT REFUND YOUR MONEY DURING THIS TIME PERIOD, YOU ARE ENTITLED TO RECEIVE A REFUND IN THE AMOUNT OF WHAT YOU PAID, PLUS AN EXTRA TEN PERCENT (10%) FOR EACH MONTH IN WHICH YOUR MONEY IS NOT REFUNDED.

IX. Other Conditions:

1. This Warranty or Service Contract is extended to the original subscriber buyer only and may not be assigned or transferred to subsequent subscriber buyers. This is Verizon Wireless’ complete Warranty or Service Contract for your Product. Verizon Wireless assumes no obligation or liability for additions or modifications to this Warranty or Service Contract unless made in writing and signed by an officer of Verizon Wireless. If this document is a Warranty, Verizon Wireless does not warrant the installation, maintenance or service of the equipment, accessories, batteries or parts.
2. Verizon Wireless cannot be responsible in any way under this Warranty or Service Contract for any ancillary equipment attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment. All such equipment is expressly excluded from this Warranty or Service Contract. Furthermore, Verizon Wireless cannot be responsible for any damage to the Product resulting from the use of ancillary equipment not furnished by Verizon Wireless for use with individually owned equipment.
3. When the Product is used in conjunction with ancillary or peripheral equipment not furnished by Verizon Wireless, Verizon Wireless does not warrant and shall not supply service in connection with the operation of the Product/peripheral combination, and Verizon Wireless
   will honor no warranty or service claim where the Product is used in such a combination and
   it is determined by Verizon Wireless that there is no fault with the Product. Verizon Wireless specifically disclaims any responsibility for any damage caused in any way by the use of product accessories and peripherals (specific examples include, but are not limited to, batteries, chargers, adapters and power supplies) when such accessories and peripherals are not furnished by Verizon Wireless.

X. General Provisions If This Is a Warranty:

1. This Warranty sets forth our responsibilities regarding the Product. Replacement of the Product, as described herein, is your exclusive remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. FURTHER, NO WARRANTY IS MADE AS TO COVERAGE, AVAILABILITY OR GRADE OF SERVICE PROVIDED BY VERIZON WIRELESS.
2. IN NO EVENT SHALL VERIZON WIRELESS BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
3. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

XI. General Provisions If This Is a Service Contract:

1. This Service Contract sets forth our responsibilities regarding the Product. Replacement of the Product, as described herein, is your exclusive remedy. THIS DOCUMENT IS NOT A WARRANTY.
2. Obligations of Verizon Wireless under this Service Contract are backed by the full faith and credit of Verizon Wireless.

XII. Other Rights:

1. This Warranty or Service Contract gives you specific legal rights. You may have additional rights that vary from state to state.
2. Residents of Georgia and Kentucky may file a claim with Federal Insurance Co., 15 Mountain View Road, Warren, NJ 07059, directly if Verizon Wireless does not honor your claim within sixty (60) days after you filed your proof of loss. Residents of Connecticut may file a claim with Balboa Insurance Company, Suite 200, 3349 Michelson Drive, Irvine, CA 92612-8893 directly if Verizon Wireless fails to perform according to the terms hereof.
3. Resolution of Disputes for Connecticut Residents Only: Any disputes between Verizon Wireless
   and residents of Connecticut arising under this Warranty shall be decided by an arbitration process. A written complaint containing a description of the dispute, the purchase price, the cost of the repair of the Product and a copy of the warranty form can be mailed to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn.: Consumer Affairs.
4. Defective equipment must be returned or holder will be subject to a non-return fee equal to the cost of the nonpromotion retail price. Subject to equipment availability at time of processing. Customer agrees to “like” device if same model is no longer available.

SELLER:
(Entity Financially and Legally Obligated to Perform Service)

Verizon Wireless Services, LLC
One Verizon Way
Basking Ridge, NJ 07920-1097

©2012 Verizon Wireless