| BounceTel DIGITAL PHONE AGREEMENT BETWEEN {CUSTOMER NAME GOES HERE} AND BounceTel INC.
BounceTel Inc. (“BounceTel”) is pleased to provide you with our Digital Phone. Below are the terms and conditions that will apply to you as a Digital Phone customer. Your use of Digital Phone will be deemed acknowledgment that you have read and agreed to these terms of service.
1. Definitions.
(a) “Agreement” means this BounceTel Digital Phone Agreement, as it may be amended from time to time by BounceTel.
(b) “BounceTel Equipment” or “Equipment” is defined in Section 4(c).
(c) “BounceTel Parties” means BounceTel and its corporate parents, affiliates and subsidiaries and their respective directors, officers, employees and agents.
(d) “Service” means the BounceTel Digital Phone.
(e) “Software” means the computer software, if any, licensed by BounceTel to you to access Digital Phone, or licensed by BounceTel to you to facilitate installation or distribution of Digital Phone.
(f) “Subscriber Materials” means the handbooks, manuals and other guide materials provided by BounceTel to you regarding use of Digital Phone.
(g) “Subscriber Privacy Notice” means the Subscriber Privacy Notice described in Section 11, as it may be amended from time to time by BounceTel.
(h) “Terms of Use” means all rules, terms and conditions described in this Agreement or otherwise established now or hereafter by BounceTel regarding permissible or impermissible uses of, or activities related to, Digital Phone.
(i) “you” or “your” means the subscriber account holder authorized by BounceTel
to access and use BounceTel Digital Phone.
(j) “we” or “us” means BounceTel.
2. General.
(a) This Agreement, in addition to the Subscriber Privacy Notice, which is incorporated into this Agreement by reference, provides the terms and conditions governing BounceTel’ provision of its Digital Phone to you. We are not bound by any other representation, warranty, term or condition or statements or agreements made by any employee or agent of BounceTel, other than as specifically described in this Agreement. Either you or BounceTel may terminate Digital Phone at any time for any reason.
(b) Digital Phone as offered and provided under this Agreement is available only to residential
customers of BounceTel. You agree that except as otherwise expressly provided in this
Agreement, all terms and conditions of the Cable Modem Subscription Agreement (including, without limitation, the disclaimer of warranty in that agreement) will also govern Digital Phone, to the extent applicable, and the terms of the Cable Modem Subscription Agreement are incorporated into this Agreement by reference.
(c) The BounceTel Digital Phone is not a powered service. Under certain
circumstances, including if the electrical power and/or BounceTel cable network or
facilities are not operating, Digital Phone, including the ability to access emergency 911 and E911 services, will not be available.
(d) Enhanced 911 (E911) is a feature of BounceTel Digital Phone. Please
note that the address associated with an E911 call is the authorized address where service was originally provided. If you move your cable modem to another location, you must notify BounceTel of the address change in order for that new address to be automatically sent to E911 services in the event that someone dials “911” from your Digital Phone. The BounceTel Network system will continue to send the original service address until you contact us to change the address for transmittal to E911 services.
(e) You expressly agree that you will not have the option of subscribing to a “local only” or “long-distance only” service, nor will you be able to subscribe to a separate local, toll or long distance provider for use in conjunction with BounceTel Digital Phone.
(f) All non-voice communications equipment, including, but not limited to, home security
systems that are not set up to make automatic phone calls, fax machines, and medical monitoring devices may not be compatible with BounceTel Digital Phone. In order to maintain these functions, you may be required to maintain a separate telephone wire connection to the local telephone company.
(g) BounceTel has the right at any time to add to, modify, or delete any aspect,
feature or requirement of Digital Phone. This includes (but is not limited to) equipment and system requirements. We also have the right to add to, modify, or delete any provision of this Agreement, any Terms of Use established by us. An online version of this Agreement and the Subscriber Privacy Notice are accessible at www.BounceTel.com. We may revise the Agreement and/or the Subscriber Privacy Notice from time to time, and we may change the online location of these documents periodically. In accordance with any applicable law, BounceTel will notify you of any significant change in these documents. If you continue to use the Service after we change any of these documents and provide you notice of the changes, you will be deemed to have consented to the changes. If you do not agree to any changes, you should stop using the Service and notify BounceTel that you are terminating the subscription to Digital Phone.
(h) You represent and warrant that you are at least 18 years of age.
(i) You are responsible in all respects (including payment obligations) for all use of the Service under your account, whether or not you actually authorized the use. Your responsibility includes all calls to pay-per-call services, whether or not you actually authorized the call. You will be responsible for ensuring that all use of the Service under your account fully complies with this Agreement.
(j) You may not transfer all or a portion of your account, Digital Phone or the BounceTel’ Equipment to any other person or entity, or to a new residence or other location.
3. Charges.
(a) You agree to pay BounceTel for the following: (i) your recurring, monthly
subscription fees for Digital Phone, (ii) all usage-based charges (including but not limited to charges for calls to international calls, directory assistance, and/or BounceTel assisted calls), and (iii) installation charges, if any. You also agree to pay all applicable local, state and federal fees and taxes. All charges are payable on the due date specified on the bill.
(i) Recurring monthly Digital Phone charges will be billed monthly in advance.
(ii) Charges based upon actual use of the Service (including but not limited to charges
for international calls, directory assistance, and/or BounceTel assisted calls) will be
billed in the next practicable monthly billing cycle following such use.
(b) If you do not pay your bill by the due date on the bill, we can charge you a late fee. Payment for Digital Phone must be received by BounceTel on or before the due date stated on the bill. Failure to deliver payment by the due date is a breach of this Agreement. You agree that each time you fail to pay your bill, it causes BounceTel to suffer damages in an amount that is difficult to ascertain with certainty. BounceTel has made a reasonable estimate to determine the damages caused by late payments generally and has used this estimate to set a late fee amount. BounceTel reserves the right to change the late fee amount at any time in the future upon notice to you of the new amount.
(c) The availability of Digital Phone is dependent upon you maintaining current accounts with BounceTel for cable modem service and, if applicable, cable television video service. If your Digital Phone account or any other account with BounceTel is past due, BounceTel
may terminate Digital Phone upon notice to you as required by applicable law. If BounceTel temporarily disconnects your Digital Phone because you failed to pay for the service, BounceTel will provide the same level and quality of any 911 or E911 services you had access to prior to the temporary disconnection. If you continue to fail to pay your bill, your service will be permanently discontinued and BounceTel will stop providing you with 911/E911 service.
(d) If your account is past due and BounceTel sends a collector to your premises, a
field collection fee may be charged. The current field collection can be provided on request.
(e) If you cancel Digital Phone or the cable modem service, or if we discontinue either service for any reason including non-payment, and you wish to reconnect either service, you may be required, in addition to payment of all outstanding balances on all accounts with BounceTel, to pay a reconnect charge or trip charge (where applicable) before reconnection.
(f) BounceTel may verify your credit standing with credit reporting agencies in
accordance with applicable laws and require a deposit based on your credit standing. Regardless of credit standing, BounceTel may require a bank or credit card, or account debit authorization from you.
(g) BounceTel may charge a service fee for all returned checks and account debit,
bank card or charge card chargebacks. The current service fee can be provided on request.
(h) You will also be responsible for all other expenses (including reasonable attorneys' fees) incurred by BounceTel in collecting any amounts due under this Agreement that you have failed to pay.
4. Installation; Equipment and Cabling.
(a) If self-installation is available and you elect to install the Service yourself, BounceTel will provide kits and instructions for self-installation.
(b) In order to provide you with Digital Phone, BounceTel will physically
disconnect your existing service to the local telephone company. By accepting Digital Phone, you agree that BounceTel may disconnect your existing service to the local telephone company, and that we may disconnect, rearrange, splice or otherwise manipulate the existing telephone wiring on your premises on your behalf in order to connect the premises to Digital Phone. You authorize BounceTel to makeany preparations to the premises necessary for the installation, maintenance, or removal of equipment.
(c) Any equipment provided by BounceTel to you will be considered “BounceTel
Networks Equipment” (also referred to in this Agreement as “Equipment”) and will be subject to Section below. Any cabling installed by BounceTel will remain the property of BounceTel except as otherwise required by applicable law.
(d) We have no obligation to install, support, maintain, repair or replace any computer, cable modem, cabling or other equipment that is not BounceTel Equipment.
(e) BounceTel and its authorized agents may enter your premises, access Bright
House Networks Equipment and access your computer(s) periodically during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace or alter the Equipment, to install or deliver the Software, or to disconnect and remove the Equipment.
(f) BounceTel will have the right to upgrade, modify and enhance the BounceTel
Networks Equipment and Software from time to time through "downloads" from our network or otherwise.
(g) If you are not the owner of the premises at which Equipment and Software are to be installed,
you warrant that you have obtained the consent of the owner of the premises for BounceTel
personnel and/or its agents to enter the premises for the purposes described in this Section 4. You will indemnify and hold BounceTel harmless from and against any claims of the owner of the
premises arising out of the performance of this Agreement.
(h) BounceTel Equipment and Cabling.
(i) The BounceTel Equipment is and at all times will remain the sole and exclusive personal property of BounceTel. You will acquire no ownernship or other interest in this Equipment by virtue of payments made pursuant to this Agreement or the attachment of any portion of the Equipment to your residence or otherwise.
(ii) You will not open, alter, misuse, tamper with or remove the BounceTel Equipment, and you will leave it as it was and where it was when BounceTel installed it. You will not remove any markings or labels from the Equipment indicating BounceTel ownership orserial or identity numbers. You agree to safeguard the BounceTel Equipment from loss ordamage of any kind, and (except for any self installation procedures approved by BounceTel)will not permit anyone other than a BounceTel authorized representative to perform any work onthe BounceTel Equipment.
(iii) If and when your Digital Phone is disconnected or cancelled (for whatever
reason) you agree that you no longer have the right to keep or use the BounceTel
Equipment. In such event, you must return the Equipment in the same condition as when received, ordinary wear and tear excepted. You will promptly return the Equipment or notify us to come pick it up. If you do not promptly return the Equipment or schedule a pick-up, BounceTel may enter any premises where the BounceTel Equipment may be located for the purpose of disconnecting and retrieving the BounceTel Equipment. Failure of Bright
House Networks to remove its Equipment does not mean that we have abandoned the Equipment. If you fail to return the Equipment, you will pay any expenses we incur in retrieving it. BounceTel may charge you a continuing monthly fee until any remaining Equipment is returned, collected by BounceTel or fully paid for by you in accordance with Section 4(iv). If the BounceTel Equipment is damaged, destroyed, lost or stolen while in your possession, you are liable for the cost of repair or replacement of the Equipment. If the Equipment is not returned to or retrieved by BounceTel as described in Section 4(h)(iii) upon termination of Digital Phone, you will pay BounceTel, on demand, the collection fee for unreturned BHN.
(v) If you fail to return the Equipment, BounceTel can charge your bank account or credit card (if debit authorization has been obtained from you) the amounts described in Sections 4(h)(iii) and 4(h)(iv), in addition to any other remedies or collection efforts. If BounceTel charges you a security deposit, our obligations regarding the security deposit will be governed by the terms of the deposit receipt provided to you at the time the deposit was collected.
(vi) If and when your Digital Phone is disconnected or cancelled, BounceTel
may (but is not obligated to), remove any cabling installed by BounceTel on your premises,
subject to applicable laws and regulations.
(i) Software. If we license any Software to you, you may only use this Software as
described in this Agreement. You will not do, or allow anyone else to do, any of the following: any additional copying; any translation, reverse engineering or reverse compiling; or disassembly or modification of or preparation of any derivative works based on the Software. All of these activities are prohibited. If your Service is cancelled or disconnected, you will promptly return or destroy all Software provided by BounceTel and any related written materials.
5. Subscriber Conduct.
(a) Digital Phone is a residential service offered for your personal, non-commercial use. The
Service may only be used by you and members of your immediate household. You will not resell or redistribute (whether for a fee or otherwise) Digital Phone, or any portion the Service. You will not otherwise charge others to use Digital Phone, or any portion of the Service. You agree not to use Digital Phone for any enterprise purpose whether or not it is a for-profit enterprise.
(b) You will not use Digital Phone for any unlawful purpose, or for any use which you have not
obtained all required governmental approvals, authorizations, licenses, consents and permits. BounceTel may shut down your Digital Phone, without prior notice, if we find, in our sole judgment, that your use is unauthorized or fraudulent.
(c) BounceTel may shut down your Digital Phone, without prior notice, if we find,
our sole judgment, that your use of the service is causing interference to others or you have tampered or allowed others to tamper with BounceTel Equipment. We may also shut down your Digital Phone, without prior notice, if there exist hazardous conditions that would make your continued use of the
service unsafe.
(d) You many not assign, or transfer in any manner, the Service or any rights associated with the
Service without the prior written consent of BounceTel. BounceTel will permit you
to transfer your Service to another person or entity if you have paid all charges owed to BounceTel
Networks. Such a transfer will be treated as a disconnection of existing Service and installation of new Service, and the non-recurring installation charges will apply.
6. Review and Enforcement.
(a) BounceTel may suspend your account, or cancel your account with notice as
required by applicable law if BounceTel determines in its discretion that you have violated this
Agreement or any of the Terms of Use. We may suspend or cancel your account even if you have only violated this Agreement or the Terms of Use once. If your account is suspended, you will not be charged for that period of time. If your account is canceled, you will be refunded any pre-paid fees minus any amounts due BounceTel.
(b) You agree that BounceTel will have the right to take any action that BounceTel deems appropriate to protect Digital Phone or BounceTel’ facilities and BounceTel Equipment.
7. Support; Service and Repairs.
BounceTel will repair damage to or, at our option, replace BounceTel Equipment, and otherwise attempt to correct interruptions of Digital Phone, due to reasonable Equipment wear and tear, or technical malfunction of the BounceTel system or network, at our expense. The Subscriber Materials contain details on contacting BounceTel for this support. We have no other responsibility for support, maintenance or repair of any equipment, software or service, whether provided by a third party or you. For assistance with other technical problems, you should refer to the Subscriber Materials. If any other support services are available from BounceTel, such services will be at additional charges.
8. Service Interruptions;
We will credit your account for interruptions in Service that are not due to (i) your negligence or noncompliance with this Agreement and/or your noncompliance with the or (ii) the operation or malfunction of the facilities, power, or equipment that you have provided. Any such
credit will be refunded on the next practicable bill for Digital Phone issued by BounceTel to you.
The BounceTel Parties will have no liability, including as described in this Section 8, for
interruption of Digital Phone due to circumstances beyond its control, including (without limitation), acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
9. Disclaimer of Warranty; Limitation of Liability.
(a) YOU AGREE THAT DIGITAL PHONE IS PROVIDED BY BOUNCETEL
NETWORKS ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. BounceTel MAKES NO WARRANTY THAT DIGITAL PHONE WILL BE UNINTERRUPTED OR ERROR FREE. YOU FURTHER AGREE THAT ALL USE OF DIGITAL PHONE IS AT YOUR SOLE RISK.WITHOUT LIMITING THE FOREGOING: NONE OF THE BounceTel PARTIES MAKES ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA BOUNCETEL FACILITIES OR DIGITAL PHONE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR PHONE COMMUNICATIONS. YOU AGREE THAT NONE OF THE BOUNCETEL PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. YOUHAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS.
(b) YOU UNDERSTAND THAT THE INSTALLATION, USE, INSPECTION, AINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF DIGITAL PHONE, EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO YOUR COMPUTER(S) OR OTHER HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE BOUNCETEL NETWORKS PARTIES WILL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, HARDWARE, DATA OR FILES.
(c) EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN SECTIONS
6(a) AND 8 RESPECTIVELY, IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY BRIGHT HOUSE NETWORKS PARTY OR ANY PERSON OR ENTITY INVOLVED IN PROVIDING DIGITAL PHONE OR EQUIPMENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DIGITAL PHONE, INCLUDING THE USE OR INABILITY TO ACCESS EMERGENCY 911 SERVICES, ANY ACTION TAKEN TO PROTECT DIGITAL PHONE, OR THE BREACH OF ANY WARRANTY.
(d) YOU HEREBY AGREE THAT THE PROVISIONS OF THIS SECTION 9 WILL APPLY
TO ALL SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, DIGITAL PHONE, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, ALL OF THE BounceTel
PARTIES.
10. Indemnification.
You agree to defend, indemnify and hold harmless BounceTel from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of Digital Phone by you or otherwise arising out of the use of your account or any equipment or facilities in connection therewith, or the use of any other products or services provided by BounceTel to you.
11. Privacy.
(a) Your privacy interests, including your ability to limit disclosure of certain information to
third parties, are addressed by, among other laws, the Communications Act and the Electronic
Communications Privacy Act. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws, is described in our Subscriber Privacy Notice. You acknowledge receipt of the Subscriber Privacy Notice.
(b) BounceTel may collect (whether automatically or otherwise) and share (with other BounceTel Parties) information of the type described in the Subscriber Privacy Notice (some of which may be deemed personally identifiable information as that term is used in the Communications Act of 1934) relating to you that BounceTel may acquire as a result of the provision of Digital Phone. You hereby expressly consent to the collection by, and sharing between, BounceTel and other BounceTel Parties of such information.
(c) In addition to actions and disclosures specifically authorized by law or statute or authorized
elsewhere in this Agreement, BounceTel will have the right (except where prohibited by law
notwithstanding your consent), but not the obligation, to disclose any information to protect its rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. By accepting Digital Phone, you consent to such actions or disclosures.
12. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (BUT NOT ANY CLAIMS ARISING OUT OF COMMERCIAL ACTIVITIES OR THE THEFT OR OTHER UNAUTHORIZED RECEIPT OF ANY BOUNCETEL CABLE SERVICE ON THE PART OF YOU) WILL BE RESOLVED BY BINDING ARBITRATION COMMENCED WITHIN ONE YEAR UNDER THE THEN-CURRENT COMMERCIAL ARBITRATIONRULES OF THE AMERICAN ARBITRATION ASSOCIATION (OR ANY CONSUMER RULES ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION TO WHICH BOTH PARTIES AGREE), EXCEPT THAT EITHER PARTY MAY SEEK EQUITABLE OR INJUNCTIVE RELIEF ONLY
IN AN APPROPRIATE COURT OF LAW OR EQUITY. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW OR EQUITY. THE ARBITRABILITY OF DISPUTES WILL BE DETERMINED BY THE ARBITRATOR. ANY AWARD OF THE ARBITRATOR WILL BE IN WRITING AND WILL STATE THE REASONS FOR THE AWARD. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR WILL NOT HAVE THE POWER TO AWARD ANY DAMAGES IN EXCESS OF THE APPLICABLE LIMITS DESCRIBED IN OR EXCLUDED UNDER SECTIONS 8 AND 9 OF THIS AGREEMENT. THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 TO 16, WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. EACH PARTY WILL BEAR ITS OWN EXPENSES AND THE COST OF ARBITRATOR(S) WILL BE SHARED EXCEPT THAT YOU MAY RECOVER HIS/HER FILING AND ARBITRATOR(S) FEES IF YOU ARE THE PREVAILING PARTY. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS WILL NOT BE PERMITTED. THE ARBITRATOR WILL NOT HAVE THE POWER TO ORDER PRE-HEARING DISCOVERY OF DOCUMENTS OR THE TAKING OF DEPOSITIONS, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND THE PRODUCTIONOF DOCUMENTS AT THE HEARING.
13. Entire Agreement.
All previous written agreements between you and BounceTel are super-ceded by this Agreement, the accompanying work order, any Terms of Use or other rules now or hereafter specified by BounceTel for Digital Phone, which constitute the entire agreement between you and BounceTel. Your subscription, customer agreement or terms and conditions relating to your cable television or cable modem service with BounceTel Parties will remain in full force and effect. Acceptance of Digital Phone constitutes acceptance of the terms and conditions of this Agreement.
14. Term.
This Agreement will remain in effect until terminated by either party or superseded by a revised agreement for Digital Phone.
15. Continuity of Service.
In order to provide continuity of service to you if Digital Phone is no longer available over BounceTel’ cable system, you agree that BounceTel may provide an alternative phone service. In such event, BounceTel will notify you of the date as of which you will begin receiving the alternative phone service, which will also be governed by this Agreement. You will have the right at any time to terminate the alternative phone service or to change your subscription to any other phone service then offered by BounceTel.
16. Interpretation;
Severability. In the event that any portion of this Agreement is held to be invalid or
unenforceable, the invalid or unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as described in this Agreement, and the remainder of this Agreement will remain in full force and effect.
17. Consent to Electronic Notice.
Unless otherwise specified, all notices described in this Agreement or required under applicable law will be provided by BounceTel by such means as BounceTel Networks will determine in its discretion. Without limiting the foregoing, you agree that BounceTel Networks may provide any of these notices via email or posting on a website, including (without limitation) notice of changes to this Agreement and the Terms of Use or the Privacy Notice.
18. Waiver.
Failure by BounceTel to enforce any of its rights under this Agreement will not constitute a waiver of any such rights. No waiver by either party of any breach or default will be deemed to be a waiver of any preceding or subsequent breach or default.
19. Choice of Law.
This agreement is governed by the laws of the State of Florida, without regard for its choice of law provisions. |