MVT Modem and/or Router Purchase Agreement
You affirm that (a) you understand this Agreement between you and Moapa Valley Telephone Company (“MVT”) and (b) you accept this Agreement and its terms and conditions. If you do not agree to all of the terms and conditions of this Agreement, you must return the Modem and/or Router to MVT.
1. MVT extends a Limited Warranty to the original purchaser (you) for the Modem and/or Router, as set forth herein. MVT does not guarantee the compatibility of the Modem and/or Router with your computer, operating system, or networking equipment, nor does MVT’s limited warranty cover any defect present in your computer or network systems.
2. MVT, ITS AFFILIATES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER ARISING FROM OR RELATED TO THE MODEM AND/OR ROUTER OR THIS AGREEMENT, REGARDLESS OF THE BASIS UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER MVT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE RELATED TO THE MODEM AND/OR ROUTER AND/OR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR YOUR RELATIONSHIP WITH MVT SHALL BE LIMITED TO THE TOTAL PURCHASE PRICE PAID OR PAYABLE BY YOU TO MVT FOR THE MODEM AND/OR ROUTER.
3. In the event of any inconsistency between this Agreement and any other documents related to the Modem and/or Router exchanged between you and MVT, the provisions of this Agreement shall control. This is the entire agreement between the parties related to rental of the Modem and/or Router. This agreement can only be modified by a signed, written agreement from both parties.
4. If, within one year of purchase, the Modem and/or Router malfunctions due to a manufacturing defect, MVT will replace or repair it, at its option, without charge, so long as (a) you notify MVT by calling 702.397.2601, report that the Modem and/or Router’s basic operations are not functioning properly, and cooperate with the MVT representative to evaluate the circumstances; (b) this Agreement is in effect and has not been terminated; and (c) you promptly return the Modem and/or Router to MVT’s business office. If the Modem and/or Router are broken, damaged, or rendered inoperable for any reason other than a manufacturing defect, no replacement will be provided, and you will be responsible for the cost of a new Modem and/or Router. After one year of the purchase date, as reflected in this agreement, this replacement provision will expire and you will be responsible for the cost of a new Modem and/or Router, regardless of the reason for malfunction or damage.
5. Dispute Resolution and Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES THROUGH FINAL AND BINDING ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
6. Arbitration Terms. You agree that any dispute or claim arising out of or relating to the Modem and/or Router or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved through binding arbitration.
a. Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute to MVT in writing to allow MVT the opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may request arbitration. The arbitration shall be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitration of the dispute. New York state law, without regard to choice of law principles, shall otherwise govern and apply to any and all claims or disputes. All arbitration proceedings and hearings shall take place in Las Vegas, Nevada. Arbitration is final and binding. Under the JAMS Rules, pre-arbitration discovery may be limited. Any arbitration shall be confidential, and neither you nor MVT may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. The arbitration award shall be in writing, but is not required to include factual findings or legal reasoning. Judgment on any arbitration award may be entered in any court having jurisdiction. Each party shall pay its own expenses of the arbitration, including attorney fees, except as provided below.
b. Costs of Arbitration. The party requesting arbitration must pay the applicable JAMS filing fee, except that for claims of less than $2,000 you will only be obligated to pay a filing fee of $25 and MVT will pay all of the other JAMS costs and fees. For claims of $2,000 or more, after the claimant pays the JAMS filing fee, all other JAMS administrative fees will be divided equally between you and MVT. Each party will bear the expense of its own counsel, witnesses, preparation, and presentation of evidence at the arbitration.
7. Waiver of Class Action. By this Agreement, both you and MVT are waiving rights to litigate claims or disputes in court, including the right to a jury trial. You further waive any right to pursue any claim on a class or consolidated basis or in a representative capacity.
8. Notices or correspondence related to this Agreement should be sent to the following address: MVT, 1120 N Moapa Valley Blvd., Overton, NV 89040-0365
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