Add Total Wi-Fi

By signing this 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, Router, and Mesh units (“Total Wi-Fi equipment”) to MVT.

1. Late charges will be applicable if the amount billed is not paid within 20 days. Late charges will be applied in the amount of 1 percent of all unpaid amounts.

2. The Total Wi-Fi Equipment is MVT’s property. You may not assign, rent, or transfer the equipment or your rights or duties under this Agreement to another person or entity without MVT’s prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the equipment, and you specifically agree not to use the equipment with equipment electrically or mechanically incompatible with, it, and, if the Total Wi-Fi Equipment is damaged by you, MVT will charge you the following replacement charge:

Modem or Router: $200
Mesh Unit (per mesh unit): $99

3. Subject to any applicable law, MVT may (a) terminate this agreement, or (b) change any of the rates, terms, or conditions of this Agreement. MVT will notify you 30 days prior to the effective date of the termination or change in rates, terms, or conditions, and, if applicable, a new Agreement will be provided to you. The notice may be included with your monthly bill. You must return the Total Wi-Fi Equipment within 30 days of a termination notice. If you do not return the Total Wi-Fi Equipment within 30 days following such a change in rates, terms, or conditions, this will constitute agreement to the new rates, terms, or conditions. Price decreases may be made on five business days’ notice.

4. You may terminate this Agreement at any time, by calling MVT at 702.397.2601. Upon termination, you must promptly return the Total Wi-Fi Equipment to MVT. If the Total Wi-Fi Equipment is not promptly returned, you will be responsible for the replacement charges outlined in item (2) above. If your MVT Internet service is terminated, or is subject to termination, for any reason, such as by or not limited to your cancellation of that service or failure to pay, this Agreement shall be deemed terminated as of the termination of the MVT Internet service, and you will be obligated to return the Total Wi-Fi Equipment to MVT.

5. MVT does not guarantee the compatibility of the Total Wi-Fi Equipment with your computer, operating system, or networking equipment, nor does MVT’s Limited Warranty cover any defect present in your computer or network systems. MVT does not provide refunds or provide credits if the Total Wi-Fi Equipment is incompatible with your devices, so please call MVT immediately if the Total Wi-Fi Equipment is not working properly. Replacement Total Wi-Fi Equipment may or may not be the same model.

6. If the Total Wi-Fi Equipment malfunctions due to a manufacturing defect, before the termination of the Rental Agreement, 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 Total Wi-Fi Equipment basic operations are not functioning properly, and cooperate with the MVT representative to evaluate the circumstances; (b) the Rental Agreement for the Total Wi-Fi Equipment is in effect and has not been terminated; and (c) you promptly return the Total Wi-Fi Equipment to MVT’s business office. If the Total Wi-Fi Equipment is broken, damaged, or rendered inoperable for any reason other than a manufacturing defect, you will be responsible for the replacement charges outlined in item (2) which reflects the reasonable replacement cost of the Total Wi-Fi Equipment.

7. 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 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 OR ROUTER, AND/OR FOR ANY AND ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR YOUR RELATIONSHIP WITH MVT SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY YOU TO MVT UNDER THIS AGREEMENT DURING THE MOST RECENT SIX-MONTH PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE ALLEGED CLAIM.

8. In the event of any inconsistency between this Agreement and any other documents related to the Total Wi-Fi Equipment 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 Total Wi-Fi Equipment. This agreement can only be modified by a signed, written agreement from both parties.

9. 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
a. Arbitration Terms. You agree that any dispute or claim arising out of or relating to the Modem or Router or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved through binding arbitration.
i. 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. Nevada 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.
ii. 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.
b. 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.

10. Notices or correspondence related to this Agreement should be sent to the following address: MVT, 1120 N Moapa Valley Blvd., Overton, NV 89040-0365.