Fire Island, NY Voice Link
Verizon
Voice Link®
Terms Of Service
VERIZON VOICE LINK® TERMS OF SERVICE
Welcome to Verizon Voice Link Service.
Please read this agreement carefully before filing it in a safe place for
future reference.
In this Agreement (“Agreement”), “you” and “your” mean the customer of Verizon
Voice Link Service (“Service(s)”) defined below, and “Verizon,” “we,” “our,” and “us”
mean Verizon New York Inc., the company that is providing you with Service. You
acknowledge that you are 18 years of age or older, and you agree that you have
the legal authority to enter into this Agreement and affirm that the information
you supply to us is correct and complete. Providing false or incorrect information
may result in Service provisioning delays or the inability of a 911-dialed call to
be correctly routed to emergency response center personnel.
This Agreement incorporates the terms of your Calling Plan, which is the specific
Plan that you chose to purchase from among the Calling Plans available for the
Service. Your Calling Plan includes your monthly service allowances, features
and pricing. To the extent that there is a conflict between this Agreement and
your Calling Plan, the terms in your Calling Plan will govern. The terms of each
of the Calling Plans available for the Service, including your Calling Plan, are
available online at www.verizon.com/tariffs/westfireisland.
Certain sections of this Agreement refer to the “Tariff,” for example by stating
that a particular term of the Agreement is “as set forth in” or “in accordance
with” the Tariff. “Tariff” means the relevant provisions of Verizon Tariff PSC
No. 1, Section 1, as amended from time to time. The Tariff is available online
at http://www22.verizon.com/tariffs/. Such references are intended only to
incorporate the text of the applicable provision(s) of the Tariff as if they had
been set forth verbatim in this document, and thus to make the substance of
those provisions binding and enforceable under applicable contract law as
terms of this Agreement. Such incorporation is not intended in any way to make
this Agreement part of the Tariff.
Where the Service is the only Verizon voice service available to you, if required
by applicable law or regulation, (a) Verizon will adhere to any requirements
relating to customer protection, customer complaints, service quality, safety
and reliability that apply to tariffed local exchange service; and (b) in the
event of a conflict between any term herein and such requirements, such
requirements shall govern except to the extent Verizon is permitted by the
Public Service Commission or other court or agency with jurisdiction to modify
such requirements as they apply to the Service.
This Agreement becomes binding when you accept this Agreement. You accept
this Agreement and Verizon’s terms and charges when you subscribe to, use or
pay for the Services or tell us orally or through written or electronic means that
you accept the Agreement.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE
SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT. YOU WILL BE
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RESPONSIBLE FOR ANY CHARGES ASSOCIATED WITH THE SERVICE UNTIL
THE SERVICE CANCELLATION DATE.
1) SERVICE DESCRIPTION
a)Verizon Voice Link Service is a wireless voice service that provides
unlimited domestic nationwide calling. For purposes of this Agreement,
the term “Service” shall mean Verizon Voice Link Service, including all
software, equipment and other features, products and services provided
by Verizon under your Calling Plan.
b)The Service is not compatible with fax machines, DVR services, credit
card machines, medical alert or other monitoring services or High Speed
or DSL Internet services.
c)If the Service Device (the “Device”) is connected to a cordless phone
base station, any extension phones compatible with that base station
can also use the Service. If the Device is installed by a Verizon technician,
the installation process will confirm that jacks utilized for telephone
service within the home at the time of installation are functional with
the Service.
d)The Device may not be compatible with certain monitored home security
systems. Please check with your home security system provider to
confirm the compatibility requirements of your home security system.
e)The Device must be connected to cordless or corded telephone hardware,
as described in the Welcome Package. Never place any USB or other
connector into the USB port of the Device under any circumstances.
Doing so may damage the Device and negate its warranty. The USB
port is designed for diagnostic purposes only, and is not intended for
customer use.
f) The Service requires 10-digit dialing.
g)The Service does not allow the Customer to make 500, 700, 900, 950,
976, 0, 00, 01, 0+, calling card or dial-around calls (e.g., 10-10-XXXX).
The Service does not allow the Customer to accept collect calls or third
number billed calls. The Company will not bill any charges on behalf of
other carriers. You must have an International Calling Plan in order to
make international calls.
h)The Service is subject to the availability of adequate wireless coverage
throughout your home, and is not available in all locations. Verizon will
initially verify that adequate coverage is available at the location where
the Device is placed in your home.
2) SERVICE USE AND LIMITATIONS; CUSTOMER OBLIGATIONS
a)
Use of Service. You agree that the use of the Service, without limitation,
is your sole responsibility, is at your own risk, and is subject to all
applicable local, state, national and international laws and regulations.
This includes the use of the Service by others, with or without your
permission. You may not resell, assign or otherwise transfer the Service
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or Agreement to any other person for any purpose, or make any change
for the use of the Service, without express written permission from
Verizon in advance.
b)Loss of Service Due to Power Failure. You are responsible for providing
the commercial power necessary for the Service to operate. The Device
includes a rechargeable battery back-up that provides up to 36 hours of
standby power for your Service with up to 2.5 hours of talk time in the
event of a commercial power outage. After the battery is exhausted, the
Service (including 911 dialing) will not function until power is restored. In
addition, if the landline phone to which the Device is connected requires
external electrical power to operate, the Service (including 911dialing)
will not be available during a power outage even if the back-up battery
is functional. A power failure or disruption may require you to reset or
reconfigure equipment prior to using the Service.
c)
International Calling, Directory Listings and Directory Assistance. The
current charges and rates for directory listings, international calling
and directory assistance, as well as the available options, terms and
conditions for these services can be found at www.verizon.com/tariffs/
westfireisland. We may require that you provide us your consent in the
form we specify before including your phone number(s) in our directory
or directory assistance service. By agreeing to list your phone number(s)
in Verizon’s directory and/or directory assistance, you will be consenting
to have your number included in a publicly available directory and your
telephone number may be sold or licensed as part of a list of customers
in accordance with applicable laws. Information on current rates is
also available from Verizon Customer Service at 1-800-VERIZON
(1-800-837-4966).
d) For additional technical information on the Device, please see the
Product Safety and Information booklet that you received with your
Device. We will provide a one year replacement warranty for the battery
back-up included with your Device. After the expiration of the one year
period, you are responsible for replacing the back-up battery as needed.
e) Notice of Changes. You agree to promptly notify Verizon whenever your
personal or billing information changes (including, for example, your
name, address, Email address, telephone number, and credit card number
and expiration date). FAILURE TO PROVIDE NOTICE OF ANY NAME OR
ADDRESS CHANGES COULD RESULT IN THE FAILURE OR DELAY OF
THE EMERGENCY RESPONSE TO A 911 CALL. You acknowledge and
agree that Verizon will be sending you notices and information about the
Service and your account via Email or as provided in Section 5 below.
f) Ownership of Device. You acknowledge and agree that at all times
ownership of the Device shall remain with us and that this Agreement
allows you to use the Device only in connection with your receipt and
use of the Service. We will repair and maintain the Device owned by us
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at our expense, unless such repair or maintenance is made necessary
due to misuse, abuse or intentional damage to the Device, in which
case you will be financially responsible for the repair or replacement
of the damaged Device. You also agree that the Device will not be
serviced by anyone other than our employees or our designated agents
or representatives. Except as otherwise instructed by Verizon, upon
termination of the Service you are responsible for returning the Device
to us in an undamaged condition. Failure to return the Device within
30 days as instructed by Verizon, or returning the Device in a damaged
condition (subject only to reasonable wear and tear), may result in our
charging you an unreturned equipment fee. If instructed by Verizon to
leave the Device in place, then you must not remove the Device and you
will not be charged an unreturned equipment fee as long as the Device
is left in place in reasonable condition (subject only to reasonable wear
and tear).
3) REVISIONS TO TERMS AND PRICING
From time to time, we may revise the terms and conditions of this
Agreement and the prices for the Service. Such revisions will be subject
to the provisions of Section 1(C)(3) of the Tariff. Increases to the prices or
material revisions to the Agreement shall be effective no sooner than 30
days after we provide notice to you in accordance with Section 5 below. If
you do not agree to Verizon’s revision(s), you must terminate your Service
immediately in accordance with this Agreement. By continuing to use the
Service after revisions are in effect, you accept and agree to all revisions.
4) PRICING AND PAYMENT
a)
Prices and Fees. You agree to pay us for the Service at the prices
and charges that are billed to you. Billing for the Service will begin
automatically upon activation of the Service. Monthly recurring charges
will be billed one month in advance. The charges for any particular call will
depend on a number of factors which include, for example, your Calling
Plan, call duration, and type of call (e.g., domestic or international).
International calls to certain types of phone numbers (e.g., mobile
numbers) may be subject to additional charges. If you activate certain
features, such as three-way calling or call forwarding, additional per
minute or international charges may be incurred. You will be charged for
calls forwarded to international numbers as though the forwarded calls
originated from your Voice Link Service. All charges due are payable in
immediately available U.S. dollars.
b)Call rounding/detail. For Calling Plans with per minute measured usage,
including international dialing, all calls are rounded up to the next highest
minute and billed accordingly. Your call detail may not appear on your
monthly paper bill or your charge card statement.
c)
Taxes and Other Charges. Verizon also may charge you for any applicable
taxes, fees, surcharges, account set-up fees or other charges made using
the Service, unless you can show with documentation satisfactory to us
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that you are exempt from these charges. We will not provide advance
notice of changes to taxes, surcharges and fees, except as required by
applicable law.
d)Payment. Provisions relating to payment, including without limitation
late payment charges, means of payment, credit issues, and deposit
requirements; and provisions relating to suspension or termination of
service for non-payment or other reasons, and to restoration following
such suspension or termination, will be as set forth in the Tariff.
5) NOTICES
Verizon’s notices to you under this Agreement will be provided by one or
more of the following: posting on our web site, recorded announcement, bill
message, bill insert, E-mail to an address provided by you, voicemail, letter
using United States mail or call to your billed telephone number and such
notices are deemed given upon delivery.
6) PRIVACY POLICY
a)The Service may use, in whole or in part, a managed data network, the
public internet and third-party networks to transmit voice and other
communications. Verizon will take reasonable measures with respect to
the secure transmission of the Service. Verizon will treat your personal
information in accordance with its Privacy Policy available at www.
verizon.com/privacy and the terms of this Agreement. The Verizon
Privacy Policy is incorporated into this Agreement by reference. You
agree to the terms of the Privacy Policy, which describes Verizon’s use
and disclosure of information about your account and your use of the
Service. In the event of a conflict between Verizon’s Privacy Policy and
the other terms of this Agreement, this Agreement shall control.
b)In the course of providing Services to you, we may collect certain
information that is made available to us solely by virtue of our relationship
with you, such as information about the quantity, technical configuration,
type, destination and amount of your use of the telecommunications
services you purchase. This information and related billing information
is known as Customer Proprietary Network Information, or CPNI. (CPNI
does not include your name, address, and phone number.) We may use
this information, without further authorization by you, to offer you: (i)
services of the type you already purchase from us, and (ii) the full range
of products and services available from Verizon and other Verizon
companies that may be different from the type of services you currently
buy from us. Use of your information will permit us to offer you a package
of services tailored to your specific needs. Without further authorization
by you, we may also share your information with other Verizon companies
with whom you already have an existing service relationship.
7) LIMITATIONS ON 911 EMERGENCY RESPONSE SERVICES
a)
In the absence of gross negligence or willful misconduct by Verizon,
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our liability to you, to anyone dialing 911 using the Service, or to
any other person or party, for any loss or damage arising from any
acts, errors, interruptions, omissions, delays, defects, or failures
of 911 services or emergency personnel, whether caused by our
negligence or otherwise, shall not exceed the amount of our charges
for such Services during the affected period of time. This limitation
of liability is in addition to any other limitations contained in
this Agreement.
b)Service Outage Due to Suspension of Your Account. You agree that a
Service outage due to suspension of your account as a result of billing
issues will prevent ALL Service, including any 911 dialing and associated
emergency response services.
c)
Potential Limitations. You agree that any 911 calls made using the
Service may be subject to network congestion and/or reduced routing
or processing speed. If you have Call Forwarding, or other features
programmed and in use at the time you dial a 911 call and your call is
interrupted, the emergency dispatcher may not be able to call you back
at the phone from which you dialed the call.
d)
Additional Service Limitations that Apply in the Event that Verizon
Cannot Route Your 911 Call Directly to the Appropriate Emergency
Service Provider. If, for any reason, Verizon cannot directly route your
911 call to the appropriate emergency service provider, your 911 call
may be routed to a Verizon operator. You agree that the operator and/
or emergency response center personnel receiving your call may not be
able to identify your phone number or the physical address from which
you are calling. You will need to state the nature of your emergency
promptly and clearly, including your telephone number and location. You
agree that the individual answering the call may not be able to call you
back or determine your location if the call is unable to be completed,
is dropped or disconnected, or if you are unable to provide your phone
number and physical location and/or if the Service is not operational for
any reason. After you identify your location, the Verizon operator will
determine the appropriate emergency response center for your location
and route you to the general telephone number for that center.
e)If the Device is moved or relocated from your Service location it may
not function properly. Any movement of the Device from your Service
location will impair your ability to receive emergency services when
dialing 911, including the transmission of an incorrect address to
emergency personnel.
8) SOFTWARE LICENSES AND THIRD-PARTY SERVICES
a)We may provide you, for a fee or at no charge, software for use in
connection with the Service which is owned by us or our third-party
licensors, providers and suppliers (“Software”). We reserve the right
periodically to update, upgrade or change the Software remotely or
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otherwise and to make related changes to the settings and Software
on your computer or the Equipment, and you agree to permit such
changes and access to your computer and the Equipment. You may
use the Software only in connection with the Service and for no
other purpose.
b)Certain Software may be accompanied by an end-user license agreement
(“EULA”) from us or a third party. Your use of the Software is governed by
the terms of that EULA and by this Agreement, where applicable. You
may not install or use any Software that is accompanied by or includes a
EULA unless you first agree to the terms of the EULA.
c)For Software not accompanied by a EULA, you are hereby granted a
revocable, nonexclusive, nontransferable license by us or our thirdparty licensor(s) to use the Software (and any corrections, updates and
upgrades thereto). You may not make any copies of the Software. You
agree that the Software is confidential information of Verizon or its
third-party licensors and that you will not disclose or use the Software
except as expressly permitted herein. The Software contains copyrighted
material, trade secrets, patents, and proprietary information owned by
us or our third-party licensors. You may not de-compile, reverse engineer,
disassemble, attempt to discover any source code or underlying ideas
or algorithms of the Software, otherwise reduce the Software to a
human readable form, modify, rent, lease, loan, use for timesharing or
service bureau purposes, reproduce, sublicense or distribute copies of
the Software, or otherwise transfer the Software to any third party. You
may not remove or alter any trademark, trade name, copyright or other
proprietary notices, legends, symbols or labels appearing on or in copies
of the Software. You are not granted any title or rights of ownership in the
Software. You acknowledge that this license is not a sale of intellectual
property and that we or our third-party licensors continue to own all
right, title and interest, including but not limited to all copyright, patent,
trademark, trade secret and moral rights, to the Software and related
documentation, as well as any corrections, updates and upgrades to it.
The Software may be used in the United States only, and any export of
the Software is strictly prohibited.
d)Your license to use the Software will remain in effect until terminated by
Verizon or its third-party licensors, or until your Service is terminated.
Upon termination of your Service, you must cease all use of the Software.
9) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
a)THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS,
WITH ALL FAULTS. VERIZON (AND ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES AND AFFILIATES), ITS THIRD-PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, MAKE NO REPRESENTATION OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY
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APPLICABLE LAW, CONCERNING YOUR SERVICE. VERIZON DOES NOT
WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY,
INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS
OF CONTENT, DATA OR INFORMATION.
b)
IN NO EVENT SHALL VERIZON (OR ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD-PARTY
LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (1) ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE
OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE
USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT,
TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF VERIZON HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES; OR (2)
ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
c)VERIZON SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO
PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR
FOR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY
THAT IS CAUSED BY ANY OF THE FOLLOWING: (1) ACT OR OMISSION
OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR
OTHER THIRD-PARTY; (2) EQUIPMENT, NETWORK OR FACILITY
FAILURE, UPGRADE, SHORTAGE, RELOCATION OR MODIFICATION;
(3) EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE
LOSS OF POWER TO YOU; OR (4) ANY OTHER CAUSE THAT IS BEYOND
VERIZON’S CONTROL.
d)VERIZON’S LIABILITY FOR ANY FAILURE OR MISTAKE SHALL IN NO
EVENT EXCEED SERVICE CHARGES WITH RESPECT TO THE AFFECTED
TIME PERIOD.
e)THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE
YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL
RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS) WHICH
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
UPON DETERMINATION THAT ANY SUCH EXCLUSION OR LIMITATION
DOES NOT APPLY, VERIZON MAY, IN ITS SOLE DISCRETION, MODIFY
THIS AGREEMENT TO EFFECT THE ORIGINAL INTENT AS CLOSELY
AS POSSIBLE.
f)VERIZON RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL
AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR
MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT
(INCLUDING ANY POLICIES RELATING TO THE SERVICE).
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10)INDEMNIFICATION
You agree to defend, indemnify and hold harmless Verizon from and
against all claims, losses, damages, fines, liabilities, penalties, costs and
expenses, including reasonable attorneys’ fees, related to or arising from:
(a) any violation of applicable laws, regulations or this Agreement by you
(or any parties who use your account, with or without your permission, to
access the Service); (b) negligent acts, errors or omissions by you (or any
parties who use your account, with or without your permission, to access
the Service); (c) injuries to or death of any person, and for damages to or
loss of any property, which may in any way arise out of or result from or in
connection with this Agreement, except to the extent that such liabilities
arise from the gross negligence or willful misconduct of Verizon; or (d)
claims for infringement of any intellectual property rights arising from the
use of the Service, Software, or the Internet.
11)GENERAL PROVISIONS
a)All obligations of the parties under this Agreement, which by their nature
would continue beyond the termination, cancellation or expiration of this
Agreement, shall survive such termination, cancellation or expiration.
b)Verizon will not be liable for delays, damages or failures in performance
due to causes beyond its reasonable control, including but not limited
to acts of a governmental body, acts of God, acts of third parties, fires,
floods, strikes or other labor-related disputes, of other things we do not
control, or an inability to obtain necessary equipment or services.
c)We may assign all or any part of this Agreement without notice and you
agree to make all subsequent payments as directed. This Agreement is
not for the benefit of any third party except Verizon’s parents, affiliates,
subsidiaries, agents and predecessors and successors in interest.
d)If any of the terms or conditions in this Agreement are held to be invalid
or unenforceable by a government body of competent jurisdiction, the
holding shall not affect any other term or condition of this Agreement,
and the Agreement shall be construed as if it did not contain the invalid
or unenforceable term or condition.
e)Except as otherwise required by law, you and Verizon agree that the
substantive laws of the state of your billing address, without reference
to its principles of conflicts of laws, will be applied to govern and
construe all of the rights and duties of the parties under this Agreement,
except as otherwise required by law or to the extent such state law is
pre-empted by applicable federal law, including the rules and regulations
of the Federal Communications Commission.
f)We reserve the right to modify the Service to reflect any change in
any governing law, underlying network service or component affecting
the Service.
g)Verizon’s failure at any time to insist upon strict compliance with any of
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the provisions of this Agreement in any instance shall not be construed
to be a waiver of such terms in the future.
h)This Agreement, including all attachments and all other policies which
are fully incorporated into this Agreement either by attachment or by
reference, constitutes the entire Agreement between you and Verizon
with respect to the subject matter hereto and supersedes any and all
prior or contemporaneous agreements whether written or oral. Any
changes by you to this Agreement, or any additional or different terms
in your purchase orders, acknowledgements or other documents, written
or electronic, are void.
12)Our goal is to satisfy our customers and we welcome opportunities to
improve our service. If you have a problem or complaint, call your service
representative. Verizon service representatives are trained to properly
investigate and resolve problems fairly. If you are not satisfied after that,
ask to speak to a supervisor or manager. If the problem still exists, call out
President’s Office at 1.800.483.7899, 9am-5pm, Monday through Friday.
Or you may write to the President’s Office at: Verizon, 23rd floor, 140 West
Street, NY, NY 10007. If you are not satisfied after calling the President’s
Office, you may call the New York State Public Service Commission, Office
of Consumer Services at 1.800.342.3377, 8:30am to 4:00pm, Monday
through Friday. You may also write to them at Three Empire State Plaza,
Albany, NY 12223.
13)VOLUNTARY MEDIATION
Verizon offers customers the option of participating in a free internal
mediation program. This program is entirely voluntary. In our voluntary
mediation program, we will assign an employee who is not directly involved
in the dispute to help both sides reach an agreement. That person has all
the rights and protections of a mediator and the process has all of the
protections associated with mediation. For example, nothing said in the
mediation can be used later in an arbitration or lawsuit. If you would like to
know more, or you would like to start the mediation process, please contact
us at [email protected] or through Verizon Dispute Resolution
Manager, One Verizon Way, VC52N061, Basking Ridge, NJ 07920, for a
Notice of Customer Dispute Form. Fill out and send the Notice of Customer
Dispute Form to us according to the directions on the form. In addition to
this and any other dispute-resolution mechanisms that may be available
under applicable law, you can also bring any issues you may have to the
attention of federal, state, or local government agencies, and if the law
allows, they can seek relief against us for you.
July 22, 2013.
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©2013 Verizon. All Rights Reserved.
VVLFITOS0713
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