Terms & Conditions

INTRODUCTION: These Terms of Service constitute the agreement between Nevada Comstock Communications, LLC and the user of NCC's communications services and any related products or services. This agreement governs both our service and any NCC-approved or NCC-provided devices used with our service. It applies to all lines on each NCC account. Nevada Comstock Communications, LLC is sometimes referred to as "we," "us," "our," or "NCC" and the user is sometimes referred to as "you," "your," or "user," or "customer". By subscribing to or using our service, you agree to these Terms of Service. All information linked to these Terms of Service is part of it.

1. SERVICE

1.1 Service Distinctions
Our service is a technologically advanced Voice over Internet Protocol service and is different in many ways from telephone service that provided from the traditional telephone company. Our service is not a telecommunications service, and we provide it on a best efforts basis. Our service utilizes bandwidth on a much more efficient basis. There are important distinctions between a telecommunications service and our service. Our service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires a high speed broadband connection. In most cases, we do not provide the underlying broadband connection. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, your underlying ISP or broadband service, or maintenance. We will act in good faith to minimize disruptions to your use of and access to our service.

1.2 Residential Use of Service and Device
If you subscribe to our residential service plans, we provide you with service and the device solely for single family, normal residential, non-commercial use. Single family refers to you and those of your immediate family members who reside in your personal residence - e.g., spouse, domestic partner, and/or children. If you subscribe to a service plan which permits use of more than one device with the same voice line, the basis for assessing such use will not change.

1.3 Small Business Plans
If you subscribe to any of NCC's small business plans, we provide our service and the device to you solely for use as a small business user or domestic business traveler. The following uses are not considered small business uses and are not permitted under small business plans: autodialing; continuous or extensive call-forwarding, inbound/outbound centralized or distributed call center activity, telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting and fax or voicemail blasting. (See also Section 10.)

1.4 Inconsistent with Normal Use
If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at NCC's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and your usage is inconsistent with normal residential use, you may thereafter be required to pay our applicable, higher rates for commercial service for all periods in which your use of our service or the device was inconsistent with normal residential use. Unlimited voice services are provided primarily for continuous live dialog between two individuals. Lack of continuous dialog activity, unusual call patterns, excessive numbers and/or consistent excessive usage will be considered indicators that use may be inconsistent with normal use, or that impermissible use may be occurring and may trigger an account review or further action by us. Failure to contact NCC in response to its notifications and/or failure to promptly correct usage activity to conform to normal use will result, in NCC's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable disconnection and device or other rebate recovery charges. NCC's right to terminate your account under Section 2.5(b) (termination without reason) is not limited by this provision.

1.5 No 0+ or Operator Assisted Calling
May Not Support Some x11 Calling. Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service does support specified dialing such as 911 and 411, which are provided for elsewhere in these Terms of Service.

1.6 No Directory Listing
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed.

1.7 Incompatibility With Other Services

1.8 Passwords
You will be asked to create a password in order to gain access to your account information on-line or when contacting a NCC agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account.

1.9 Changes to Service Plans
Your service plan includes terms and conditions such as monthly service allowances, limitations and features, and the associated charges, all as described in the materials made available to you in connection with your order. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, by telephone or other communication permitted under applicable law

2.1 Service Term
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first time you use the service. Your service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite. Starting on the date of your order or the date your payment is processed, whichever is later ("order date"), your payment method will be charged ("charged") monthly in advance for all service plan charges, fees, taxes and surcharges. Usage based charges will be charged monthly as due, or mid-cycle at the option of NCC if they exceed $75.00. Before you receive your device or your number is transferred, you can log into your online account to set up various features such as voicemail and call forwarding. If you cancel service and before one (1) year from your Order Date, a per line disconnection fee of $39.99 and a rebate recovery fee equal to the amount of the rebate initially given to you for the equipment will be charged, if applicable.

2.2 Automatic Renewal
Your service term automatically renews for the same term unless you call us at (866) 404-2543 to cancel your service before the end of your then current service term. The renewal begins on the day after the last day of your service term.

2.3 Our right to disconnect
It is our desire to have a good customer relationship in which we do not need to disconnect you. However, to protect NCC, we have the right to suspend or discontinue service generally, or to disconnect your service, at any time, based on the need to protect our network and our paying customers. In addition, we reserve the right to immediately disconnect your service at any time without notice. A non-exhaustive list of instances where we may disconnect your service without notice follow:

1. Network security
2. Failure of customer to pay for service
3. Fraud by customer
4. Use of service by customer to committ a crime
5. Misrepresentation by customer, or customer misuse of service
6. Tampering with or altering the device
7. Uses prohibited under Section 5.1

2.5 Fees upon disconnection

2.6 Service Disconnection on Number Transfer or "Port"

2.7 Termination of Service.
In order to terminate your service, you must contact our Customer Care Department, via telephone, at the following toll-free number: (866) 404-2543. Our Account Management Department is available to assist you Monday-Friday 9:00 a.m. – 8:00 p.m. Pacific Time, or during other available times set forth on our website.

3. DEVICES

3. FEES, TAXES, AND OTHER CHARGES

3.1 Fees and charges
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law, we will send notification of invoices to your email address on file with us. We reserve the right to bill you more frequently if you owe us more than $75.

3.2 Billing increments
We generally bill on a flat rate basis where there are no per minute charges. However, in the event of international calls, or calls outside the service plan, then we bill usage charges in full minute increments. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005.

Minutes & Cost Per Minute Calculation Example Table (actual rates may vary)

3.3 Taxes
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our service. These charges may be a flat fee or a percentage of your NCC charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your payment method according to the terms in this agreement. If you are exempt from payment of any of these taxes, you must provide us with an original certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date the NCC reseller receives your certificate with a copy also received by us at Nevada Comstock Communications, LLC, 155 Glendale Ave., Suite 4, Sparks, Nevada 89431

3.4 Payphone Charges
If you use an incoming 800 number service provided by us, or any toll free feature that we offer in the future which is not flat fee or which imposes third party costs upon us, we will recover from you any charges imposed on us either directly or indirectly for toll free calls made to your number. We may recover these amounts by means of a per-call charge, rounded up to the next cent, or in any other way we decide is appropriate for the recovery of these costs.

3.5 Charges for Directory Calls (411)
We will charge you $1.49 for each call you make to NCC directory assistance except, and only to the extent, that such calls are expressly included in the fee for a service plan that you have selected.

3.6 Activation Fee
Unless such fee is waived by us as part of an offer, we will charge you a one-time activation fee of $29.99 per line for residential and business accounts as well as any other activation fee that may apply to the particular features or service that you select.

3.7 Disconnection Fee (Does Not Apply to Business Plus Customers)
You will be charged a disconnection fee of $39.99 per voice line if your service is disconnected, subject to state and local laws. The disconnection fee is not charged if your service is disconnected during an applicable Money Back Guarantee period. In addition, the disconnection fee may be waived according to the following:

3.8 Rebate and other Recovery Fees
If you purchase a product or service with respect to which a rebate or benefit is provided that is conditioned on your maintaining NCC service for a particular length of time, and if you disconnect service before the end of that period, you agree to pay us the applicable recovery fee. A recovery fee is equal to the difference between the price you paid to us and the advertised regular price of the product or service at the time you received it. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any disconnection fees.

3.9 No Credit for Non-Usage or Misdialing
Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.

4. BILLING AND PAYMENT

4.1 Billing
We will charge your method of payment in advance for each monthly service plan fee, associated taxes and surcharges, in arrears for any usage and calls not covered by your plan, and immediately on disconnection for any unbilled amounts and any disconnection and rebate recovery fees that are due. If you subscribe to a prepaid annual plan, we will bill you in advance for the service plan fee due for the entire year, plus any associated taxes, fees and surcharges, and in arrears on a monthly basis, subject to the proviso that we may initiate for mid-cycle billing of additional amounts due that exceed $75.00, for usage and calls not covered by your plan, and immediately on disconnection for any unbilled amounts and any disconnection or rebate recovery fees that are due. When you subscribe to our service, you must give us a valid email address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft.

4.2 Payment
When you subscribe to our service, you authorize us to collect from your payment method, including disconnection fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method.

4.3 Collection
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

4.4 Notice.
You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, and credit/debit card number and expiration date). You acknowledge and agree that NCC will be sending you information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.

You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.

4.5 Billing Disputes
If you want to dispute any NCC charges on a billing statement received from us, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges.

5. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT

5.1 Lawful purposes only
You may use our service and your device only for lawful, proper and appropriate purposes. You may not use our service or your device in any way that is illegal, improper or inappropriate. A non-exhaustive list of examples of illegal, improper or inappropriate uses of our service and/or devices follows:

5.2 Monitoring
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or NCC, its parent, affiliates, directors, officers, agents, and employees from harm.

5.3 Providing information to authorities and third parties
If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:

5.4 Use of Service and Device by Customers Outside the United States
Although we encourage you to use our service to call foreign countries from the United States and to use our service as you travel, the services are only offered and supported in the United States. Our service is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a NCC service area or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service. If you ship a device outside the United States for use in another country, you are solely responsible for determining and adhering to compliance with all applicable custom, regulatory and other laws regarding the transport, distribution and use of such device and the service.

5.5 No Transfer of Service
You are the sole account holder for the service for all purposes and are solely responsible for all charges incurred on the account, regardless of changes to the account, including billing information. You may not resell or transfer your service, account or your device or provide a telephone service to anyone else by using your NCC service or features of your NCC service without first getting our written consent. In no event may your account be assigned to a non-U.S. resident. Attempted assignments of service and accounts through changes in account and billing information does not relieve you of liability and responsibility for use of the service and features, or for charges on the account unless we have not consented to the assignment in writing or unless we actively facilitate the assignment as evidenced in our Customer Care records. Attempted assignments of accounts without our written consent through changes you may make in your account and billing information does not relieve you of liability and responsibility for the account. You may elect to authorize others to access your account by calling us at (866) 404-2543.

5.6 No Alterations or Tampering
If you copy or alter or have someone else copy or alter the firmware or software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.

5.7 Theft of Service
You may not use or obtain our service in any manner that avoids NCC policies and procedures, including an illegal or improper manner. You will notify us immediately at (866) 404-2543 or http://www.nevadacomstock.com if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.

5.8 Unauthorized Usage of Device; Firmware or Software
Except as stated for Business Plus customers, you have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of this agreement. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.

6. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY

6.1 AS IS Services
You agree that our services are provided "as is," except to the extent provided below.

6.2 No Warranties on Servic.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT THAT THE SERVICE OR DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OMISSION, DEGRADATION OF VOICE QUALITY, OR LOSS OF CONTENT, DATA, OR INFORMATION. NEITHER NCC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO THE CUSTOMER FOR OUR SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF NCC'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICE OR DEVICE, IF ANY, BY NCC OR NCC'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

6.3 Device Warranties and Limitations
(See Section 3)

6.4 No Credit Allowances for Interruption of NCC Service
We will not give you credit for any interruption of NCC service, including international calling services.

6.5 Limitation of Liability
We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality that is caused by any of the following:

6.6 Disclaimer of Liability for Damages
In no event will NCC, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6.7 Disclaimer of 911 Liability
You agree to provide accurate 911 information, and maintain the accuracy of the information provided to us. You understand that if you provide inaccurate information, such information may prevent or delay emergency response. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither NCC nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.

6.8 Limit on total liability
Our total liability under this agreement will not exceed the service charges for the affected time period. NCC will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, or other similar charges.

7. INDEMNIFICATION AND WAIVER OF CLAIMS

7.1 Indemnification
You shall defend, indemnify, and hold harmless NCC, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you used in conjunction with our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).

7.2 Waiver of Claim or Causes of Action
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.

7.3 Content
You are responsible for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.

7.4 Account Information
You are responsible for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof.

8. MISCELLANEOUS LEGAL CONSIDERATIONS

8.1 Governing Law
The laws of the state of Nevada will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA") shall govern the interpretation and enforcement of the arbitration provision in Section 9. By using our service, you agree that any disputes will be resolved in Nevada and under laws applicable in Nevada.

8.2 No Waiver of Rights
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. NCC reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by NCC under these Terms of Sale and exercise of its rights are made and done in our sole and absolute discretion.

8.3 Survival
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.

8.4 No Third Party Beneficiaries
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.

8.5 Legal Age
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.

8.6 Entire Agreement
This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and NCC. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and NCC. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

8.7 Severability
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

8.8 Claims deadline
Regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Service, any Device supplied by us or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9. DISPUTE RESOLUTION AND BINDING ARBITRATION

It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.

9.1 Arbitration
NCC and you agree to arbitrate any and all disputes and claims between you and NCC. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and NCC, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "NCC," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and NCC.

9.2 Informal Resolution of Disputes
Our customer care department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the NCC customer care department by telephone at (866) 404-2543or by email at sales@nevadacomstock.com. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.

9.3 Formal Notice of Disputes
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.

9.4 Arbitrator and Arbitral Rules
The arbitration shall be administered by the American Arbitration Association ("AAA"). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org, or by mail at 1633 Broadway, 10th Floor, New York, New York 10019. The arbitration shall be governed by the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

9.5 Location and Procedure of Arbitration
Unless you and NCC mutually agree otherwise, all hearings conducted as part of the arbitration shall take place in Carson City, Nevada. If your claim is for $10,000 or less, you or NCC may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.

9.6 Fees and Costs
The party initiating the dispute shall advance all initial arbitration filing fees and arbitrator's costs and expenses prior to the commencement of the arbitration. Each party is responsible for all additional costs that they incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in NCC's favor, you shall reimburse NCC for the fees and costs advanced to you. If the arbitration proceeding is decided in your favor, you will not be required to reimburse NCC for any of the fees and costs advanced by NCC. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, NCC shall pay all fees and costs which it is required by law to pay.

9.7 Waiver of Jury Trial
You and NCC agree that, by entering into this agreement, you and NCC are waiving the right to a trial by jury.

9.8 Waiver of Class Actions
You and NCC agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and NCC agree that you and NCC may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and NCC agree that, unless you and NCC agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any other provision in this agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void as regards any such class action complaint.

9.9 Statute of Limitations
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to section 2.5 of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.

9.10 Exceptions to Arbitration Agreement
You and we agree: (a) you may take your dispute to small claims court in Carson City, Nevada, if your dispute qualifies for hearing by such court; (b) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement; (c) you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction; (d) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and (e) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or NCC, pending the completion of arbitration.

9.11 Modification of Arbitration Provision
Despite any other provision in this agreement to the contrary, if NCC makes any substantive change to this arbitration provision, you may reject any such change and require NCC to adhere to the language in this provision.

10. CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning NCC, including changes to this agreement. We may give you notice of a change by posting the change on the home page of NCC.com, on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. Disconnection fees and recovery fees will not be applicable to termination of service due to increases in service plan prices or other material changes if your account is in good standing and you call us to terminate within 30 days after posted notice of the change. Increases in usage rates, taxes, surcharges such as FCC surcharges or discretionary billable add-ons or features will not be subject to waivers of disconnection fees and recovery fees. When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of NCC services. If you continue to use our service, we will consider this your acceptance of any changes and your agreement to pay all charges for the service.

11. PRIVACY

NCC Service uses, in whole or in part, the public Internet, the public switched telephone network, and third party networks to transmit voice and other communications. NCC is not liable for any lack of privacy which you may experience from using our service.

(a) You authorize us

END OF TERMS AND CONDITIONS