GIGAMONSTER BROADBAND SERVICES SUBSCRIBER AGREEMENT
TERMS OF SERVICE

Welcome to GigaMonster!

BY ACTIVATING OR USING ANY GIGAMONSTER SERVICE (INCLUDING BROADBAND INTERNET ACCESS OR VOIP TELEPHONE SERVICES) OR ANY GIGAMONSTER EQUIPMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND POLICIES. PLEASE READ THESE TERMS AND CONDITIONS AND POLICIES CAREFULLY AS THEY, AMONG OTHER THINGS, ESTABLISH YOUR LIABILITY FOR THE EQUIPMENT (Sec. 3) AND REQUIRE MANDATORY ARBITRATION OF DISPUTES (Sec. 27).

This is your agreement (this "Agreement") with GigaMonster Networks, LLC and its affiliates (together "GigaMonster," "we" or "us") for the provision of Internet access and/or other broadband services, including Voice over Internet Protocol[1] ("VoIP") services (the "Services") in accordance with the services purchased. In this Agreement, any GigaMonster Service or Services to which you have subscribed are referred to as the "Service." This Agreement includes the Terms of Service set forth below (the "Terms"), GigaMonster's Acceptable Use Policy ("AUP") and such other policies as GigaMonster may adopt (collectively, "Policies"), each as they may be amended from time to time and as may be posted from time to time at www.GigaMonster.net. Additional terms, restrictions, and limitations may be set forth in authorized service plan descriptions provided to you by GigaMonster and/or by our partners, and all such terms, restrictions, and limitations are incorporated herein by reference and are binding upon you. If any Services are subject to any tariffs filed by GigaMonster ("Tariffs"), then you agree that such Services will also be governed by the terms of any such Tariffs. The Terms, AUP, Policies, any applicable Tariffs, and the Service Plans collectively constitute your agreement (the "Agreement") with GigaMonster. In the event of conflict, except as otherwise expressly stated in any of the foregoing, the Terms shall control. You acknowledge that you have read and understood, and you agree to, the terms and conditions of this Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms. This Agreement governs both the Service and any Equipment (as defined below) used in conjunction with the Service. The Agreement applies to you and to anyone who uses the Services or Equipment sold or rented to you, including your guests.

  1. Service and Invoices. You agree to pay all charges associated with the Services including equipment, installation fees, and activation fees when due. You will be billed for the first month of Service at the time of activation, and in advance thereafter for all recurring monthly charges. In addition to the charges for any Service, you will be responsible for all applicable federal, state, and local taxes, surcharges and fees applicable to the Services. If applicable, you will promptly notify GigaMonster of any changes to any your Card account, or in the event that you decide to terminate or change Card accounts. Charges not honored by your Card issuer will be considered delinquent, and you may be charged a late fee on the unpaid balance. You will remain responsible for all charges not honored by your Card issuer. Delinquent accounts are subject to immediate suspension or termination of Service at the sole discretion of GigaMonster. In the event of such suspension or termination, all charges (including Early Termination Fees) will become immediately due and owing together with any costs of collection incurred by GigaMonster, including attorneys' fees, and GigaMonster will be at liberty to pursue all rights and remedies it may have at law or in equity. GigaMonster will attempt to notify you in advance of suspension, termination, and collection actions, but is not required to make contact prior to taking such actions. To reestablish Service suspended or terminated for delinquency, you must pay all past due amounts in full and you may be charged an activation fee and may be required to prepay fees.
  2. Billing Disputes. You must notify GigaMonster in writing within ninety (90) days after receiving your billing statement if you dispute any GigaMonster charges on that statement or such dispute will be deemed waived. You may only dispute charges that you believe are a result of a billing error or a problem relating to the Service. GigaMonster shall resolve all billing disputes in its sole discretion.
  3. Equipment. Equipment means all equipment provided by GigaMonster, including but not limited to cabling, modems, routers, and other hardware and software. GigaMonster will retain title to and ownership of such Equipment at all times. If applicable, you must return all rented Equipment in good working order to GigaMonster upon the termination of the Agreement or upon the request of GigaMonster. Failure to return the rented Equipment to GigaMonster in good working order upon request will result in a replacement charge to your account. GigaMonster may periodically replace, upgrade, repoint, or otherwise modify any Equipment, and will repair or replace (as GigaMonster deems appropriate in its sole discretion) any properly maintained Equipment that fails to operate as required for the delivery of Services. You may not modify any Equipment in any way.
  4. Installation. As necessary, GigaMonster or its authorized contractor may install the Equipment at your location (the "Premises"). GigaMonster warrants that any installations performed by GigaMonster will be free from defects in material and workmanship for a period of one (1) year from the date of the installation. This warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Equipment manuals or other documentation, or actual or attempted alteration of or additions to the Products not approved by GigaMonster, all as determined in the sole discretion of GigaMonster. By authorizing installation, you represent and warrant to GigaMonster that you either own the Premises or have received permission from the owner of the Premises to make any changes to the Premises or outside the Premises necessary to install the Equipment and receive the Service. Further, you represent and warrant that the installation of the Equipment at the Premises will not violate any rules, restrictions or agreements applicable to the Premises. You acknowledge that the installation representative may refuse to perform any custom installation work or may require inside or external wiring to complete Service delivery at additional hourly or other charges. In the event you fail to keep an installation appointment, or the Premises are not prepared to accept installation of the Equipment and Service, GigaMonster may charge you a fee to recover any costs associated with an additional installation appointment. GigaMonster will not be liable for any alterations or damage to the Premises that result from the installation, use, or removal of the Equipment, including, but not limited to, holes in walls or ceilings, or cable wiring, and will not be responsible for removing any of the Equipment or any costs related to the removal of the Equipment at the end of the Term for any reason. You agree to indemnify GigaMonster from any claims or liabilities associated with GigaMonster's installation and/or removal of Equipment, including, but not limited to, claims by any owner of the Premises.
  5. Your Responsibilities. If needed, you are responsible for providing access to the Premises as scheduled with GigaMonster for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and other activities of GigaMonster in connection with the Equipment and Service. You are responsible for ensuring that your video, computer or telephone equipment has the minimum hardware and operating system requirements necessary to use the Equipment and Service. You are responsible for integrating and troubleshooting your local area network and internal network, as necessary. GigaMonster will not be responsible for any loss of use of any Service or degradation in performance resulting from your use of incompatible equipment or for any damage to any additional equipment you connect to the Equipment. In accessing the Service, you will utilize the troubleshooting guides and user information provided by GigaMonster or available at www.GigaMonster.net prior to contacting GigaMonster Customer Care. GigaMonster Customer Care will troubleshoot and support you on Service and Equipment issues pertaining to the GigaMonster network and Service only and reserves the right to determine that a problem or issue is your responsibility. In the event that you request a service call to your Premises and GigaMonster determines that the problem is your responsibility, GigaMonster reserves the right to charge your Card for the cost of the service call.
  6. Credits. Any credits for interruptions of the Service unless the interruption continues for a period of twenty-four (24) hours or more, measured from the time that you report the interruption to GigaMonster. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, credit allowance will be made, at your written request, for an amount not to exceed the prorated monthly charges for your Service during the affected period. The credit will be available only where the interruption is in no part due to your acts or omissions whether negligent or otherwise or by interruptions caused by failure of any equipment or service not provided by GigaMonster. The foregoing credit will be your sole and exclusive remedy for any interruption of the Service or any degradation of performance of the Service. In order to be eligible for any such credit, you must request the credit in writing within sixty (60) days of the commencement of the interruption. No credit will be available if the interruption period results from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with GigaMonster instructions or the terms stated at www.GigaMonster.net, or actual or attempted alteration of or additions to the Equipment or Service (sometimes collectively referred to herein as the "Products") not approved by GigaMonster, or from any problems with third party network elements that are not within the control of GigaMonster, all as determined in the sole discretion of GigaMonster.
  7. Use of the Service. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without GigaMonster's prior written consent. You will not use the Service in a manner prohibited by any federal, state, or local law or regulation, and will abide by GigaMonster's AUP, which sets forth additional rules that govern your activity in connection with GigaMonster's broadband Services. Without limiting the foregoing, you may not use the Equipment or Service, or allow the Equipment or Service to be used, for any abusive purpose or in any way that damages GigaMonster's property or interferes with or disrupts GigaMonster's network or other users.
  8. Privacy; Monitoring the Service. GigaMonster is under no obligation to monitor the Service, but GigaMonster may do so from time to time. You agree that GigaMonster may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect GigaMonster's property or legal interests and those of its subscribers, or to ensure your compliance with this Agreement and/or GigaMonster Policies.
  9. Use of Service and Equipment Outside the United States. GigaMonster may support the use of its Equipment and Service by customers located in other countries. If your or User's removal of the Equipment from the United States violates any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless GigaMonster against any and all liability for such violation.
  10. Loss of Service Due to Power Failure. You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure Equipment prior to utilizing the Service.
  11. Copyright / Trademark / Firmware / Software. The Service and Equipment and any firmware or software used to provide the Service, or embedded in the Equipment, or used in connection with the Services, and all Services, information, documents and materials delivered to you by GigaMonster or located on GigaMonster's website are protected by trademark, copyright or other intellectual property laws. All names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of GigaMonster are and shall remain the exclusive property of GigaMonster and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any firmware or software under this Agreement. You agree that the Equipment is exclusively for use in connection with the Service. You shall not use the Service except by means of the Equipment. If you decide to use the Service using equipment not provided by GigaMonster, you represent and warrant that you possess all required rights, including software and/or firmware licenses, to use that equipment with the Service and you agree to indemnify and hold harmless GigaMonster against any and all liability arising out of your use of such equipment with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
  12. Tampering with the Equipment or Service. You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from GigaMonster in each instance which GigaMonster may deny in its sole discretion.
  13. Theft of Equipment or Service. You agree to notify GigaMonster immediately, in writing or by calling the GigaMonster customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used.
  14. Service Distinctions. You acknowledge that the GigaMonster's VoIP Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by GigaMonster, which is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before federal, state or local telecommunications regulatory agencies.
  15. Back Up. You acknowledge that the installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer equipment and/or loss of software, files, data, or peripherals. You acknowledge that you are solely responsible for backing up all existing computer files by copying them to another storage medium prior to installation, maintenance, repair, or removal of the Equipment. Neither GigaMonster nor its subcontractors or equipment vendors will be liable for any loss of data or damage to hardware, software, or your Premises that occurs during installation of any Equipment or that results from any service performed on your computer in support of your Service.
  16. Network Address Ownership. The internet protocol ("IP") addresses that GigaMonster assigns to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to GigaMonster upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of GigaMonster's business. You shall not assign to any other person the IP address assigned to you. You shall not program any other IP address into the Equipment.
  17. Credit Reporting Agencies. You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history. Upon receipt of adverse credit information about you at any time, GigaMonster reserves the right to suspend or terminate Service to you or require a deposit for Service, at our option.
  18. Termination. You shall maintain Service until you terminate the Services. You may terminate the Service at any time by contacting GigaMonster's Customer Care department as set forth at www.GigaMonster.net and giving notice of termination at least thirty (30) days in advance of the next scheduled renewal date; provided however, monthly recurring charges for Services are not prorated. If you disconnect, cancel, move to another price plan, or are suspended by GigaMonster prior to the end of your monthly billing cycle, you will be charged for the entire period of you billing cycle of Service. Upon termination of this Agreement, unless you purchased the Equipment as provided above, you will be responsible for the costs and risks associated with returning the Equipment to GigaMonster. You must return the rented Equipment to GigaMonster in good working order, reasonable wear and tear excepted, in accordance with GigaMonster's return policy. If you do not immediately return the Equipment in good working order, GigaMonster may charge you for the replacement of the Equipment.
  19. Termination/Discontinuance of Service. GigaMonster reserves the right to suspend or discontinue providing any Service generally, or to terminate your Service, at any time in its sole discretion. This includes the right to disconnect Customer's access to our distribution system in the event of default on payment for any Service. If GigaMonster discontinues providing any Service generally or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement or any GigaMonster Policy (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate the GigaMonster AUP or the policies of a third party provider to which GigaMonster is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus the early termination fee set forth in these Terms, all of which immediately become due and payable.
  20. DISCLAIMER OF LIABILITY.
    1. EXCEPT AS SET FORTH IN IN THESE TERMS AND CONDITIONS, THE SERVICE AND EQUIPMENT ARE PROVIDED 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, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY GIGAMONSTER EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY GIGAMONSTER. NEITHER GIGAMONSTER NOR ITS AFFILIATES OR SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. GIGAMONSTER WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE GIGAMONSTER’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD. SERVICES ARE ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE GIGAMONSTER NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF GIGAMONSTER. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. ALTHOUGH SECURITY MEASURES ARE EMPLOYED, GIGAMONSTER CANNOT GUARANTEE THE SECURITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE.
    2. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER GIGAMONSTER NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY
      1. FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO IT HEREUNDER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY,
      2. FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS,
      3. FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET,
      4. FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR
      5. FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OF YOUR DATA OR ANY END USER'S DATA. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT GIGAMONSTER WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR IF YOU HAVE ANY OTHER DISPUTE WITH GIGAMONSTER, OR CLAIM AGAINST GIGAMONSTER, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
  21. Privacy. GigaMonster Service utilizes, in whole or in part, the public Internet and third-party networks. GigaMonster is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to the GigaMonster Privacy Policy below for additional information.
  22. Place of Primary Use. In order to determine which jurisdiction's taxes and other assessments to collect, federal law may require GigaMonster to obtain your Place of Primary Use ("PPU"), which must be your residential street address (if the Service is primarily for personal use) or your business street address (if the Service is primarily for business use). This address must be within the coverage area for the Service. You agree that the street address listed on your Service Order is your PPU. You agree to notify GigaMonster of any change to your PPU.
  23. Complaint Resolution/Notices. In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact GigaMonster Customer Care as set forth on GigaMonster.net. Written notices to you will be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in our files, or the date on which any GigaMonster email is sent to your GigaMonster email account. You are responsible for notifying us of any changes in your address. Written notice to GigaMonster will be effective when directed to GigaMonster's Customer Care Department and received at the address set forth at www.GigaMonster.net. Notices must be in writing to be effective. Notices sent by email to the appropriate email address shall constitute written notice.
  24. Amendments. Subject to applicable law, GigaMonster may in its sole discretion amend any of the Terms, any GigaMonster Policy, or your Service Plan. GigaMonster will provide notice to you of any material modification to this Agreement. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement within twenty (20) days of the date we send our notice, and you will not be charged any Early Termination Fee. If you use the Service or make any payment to us after we mail notice of a material modification, and do not provide termination notice to us within the specified time period, you agree to that change, retroactive to the announced effective date of the modification. GigaMonster may revise any Policy at any time, and such revisions will be effective immediately upon posting on GigaMonster's website or providing written notice to you.
  25. Indemnification. You will defend, indemnify, and hold GigaMonster and its directors, officers, employees, agents, affiliates, and shareholders and any other service provider or supplier (collectively, the "GigaMonster Parties") harmless against any and all claims, losses, damages, and liabilities sustained by the GigaMonster Parties resulting from, arising out of the Agreement, the Services, any breach or non-fulfillment of any representation, warranty, or covenant set forth in the Agreement or from your use of the Equipment or the Service. You also agree to pay GigaMonster's reasonable attorneys' and expert witness fees and costs incurred in enforcing the Agreement, including any such fees incurred in connection with any appeal. This paragraph will survive termination of the Agreement for any reason.
  26. Assignment and Successors in Interest. All of the Terms will be binding upon, inure to the benefit of, and be enforceable by your respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or GigaMonster's rights, interests, or obligations may be assigned or delegated by you without the prior written consent of GigaMonster. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, GigaMonster may assign or otherwise transfer its rights and obligations under the Agreement without restriction.
  27. ARBITRATION. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF GEORGIA WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO GIGAMONSTER UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE FULTON COUNTY, GEORGIA, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR SHALL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND GIGAMONSTER WILL EACH BEAR YOUR OWN EXPENSES, INCLUDING ATTORNEYS' FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR SHALL BE GOVERNED BY THE RULES OF THE AAA. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO CONSOLIDATION OR CLASS TREATMENT OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY GIGAMONSTER THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICES. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GIGAMONSTER AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED.
  28. Entire Agreement/Severability. This Agreement, including the, the Terms, your Service Plan, and the Policies (each as they may be amended from time to time) together contain the entire agreement and understanding concerning the Service and Equipment and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.