These Terms and Conditions constitute the agreement (the "Agreement") between Lingo, Inc. ("Lingo," “us”, or “we”) and the user ("you," “your,” "user," or "Customer") of the Lingo residential and small business Voice over Internet Protocol (“VoIP”) communications services and any related products or services ("Service"). For purposes of this Agreement, "you" means the Customer, defined as either (i) the person identified in Lingo’s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service.
BY ENROLLING IN, USING, OR PAYING FOR THE SERVICE, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICE, AND CANCEL THE SERVICE IMMEDIATELY BY CALLING LINGO’S ACCOUNT MANAGEMENT DEPARTMENT AT THE TOLL FREE NUMBER ON THE FIRST PAGE OF YOUR INVOICE FOR FURTHER DIRECTIONS.
This Agreement governs the Service and any devices, such as the Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understand, and you agree to, the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. Lingo may from time to time change the Terms and Conditions of this Agreement, and the rates and charges for the Service, by giving notice of the change. Notices will be considered given, and will become effective prospectively, three (3) days after the date that the change is posted on www.Lingo.com or three (3) days after such change is communicated to you by e-mail. Customers are advised to check www.Lingo.com on a regular basis for changes and to review their monthly invoices for notice of changes. In particular, there may be frequent changes in the rates to destinations not included within the unlimited calling plan. The Agreement posted on www.Lingo.com supersedes all previously agreed to electronic and written Terms and Conditions. By continuing to use the Service after a change has been made to this Agreement or the rates and charges, you accept and agree to all changes. IF YOU DO NOT ACCEPT OR AGREE TO ANY OF THE CHANGES, YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY. In the event that material changes are made in certain rates or charges, Lingo will waive Disconnect and Rebate Recovery Fees that may otherwise apply to your account. See Section III (C) below for a description of the circumstances in which such Fees do not apply or will be waived.
For your most current rates and charges, the most current version of the Agreement, or if you have questions about your Service, please visit our website at www.Lingo.com (see Rates and Terms & Conditions links) or call Lingo’s CUSTOMER CARE DEPARTMENT at the toll-free number listed on the first page of your invoice.
IN ORDER TO USE THE SERVICE, THE CUSTOMER MUST HAVE A HIGH-SPEED INTERNET SERVICE, BROADBAND OR DSL, WHICH IS NOT A PART OF THE SERVICE. You are responsible for subscribing and paying for your high-speed Internet access, broadband or DSL in order to use your Service. The quality of your Service is highly dependent on the data speed, quality and reliability of your high-speed Internet, broadband or DSL connection. It is your responsibility to report and resolve any quality and connectivity issues related to your high-speed Internet, broadband or DSL connection with your provider.
Pursuant to rulings by the Federal Communications Commission (“FCC”), Lingo has arranged for E911 dialing services for all of its Lingo customers in areas in which the Public Safety Answering Point (“PSAP”) is equipped to handle E911 calls. Lingo has undertaken this ongoing, nationwide effort through its third-party E911 provider. As the roll out of the E911 initiative progresses, increasing numbers of Lingo customers will have E911 service, where available. We encourage all customers to check their “My Account” section at www.Lingo.com to find out the progress of E911 capability for their registered location.
As set forth in Section III(V)(c) below, Lingo charges a monthly fee of $1.99 per account for E911 or Emergency Calling Service (ECS).
For those customers that signed up for the Service prior to November 28, 2005, Lingo will continue providing the Emergency Calling Service described below unless or until the E911 services are activated. For those customers that sign up for the Service after November 28, 2005, Lingo will confirm E911 capability prior to sign up. Regardless of when a Customer signs up for the Service, if the Service is used in a physical location different than the current location registered with Lingo (the “911 Service Address”), E911 service may or may not be available, and the 911 call will be routed to the wrong location. It is important that such Customers promptly update their location with Lingo in accordance with the instructions in Section II(D) below.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF CERTAIN DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. BY THIS AGREEMENT, BOTH YOU AND LINGO WAIVE THE RIGHT TO A TRIAL BY JURY.
In the event of any dispute, claim, question, or disagreement arising from or relating to the Service, the Device, or this Agreement or the breach thereof, the parties hereto shall use their best efforts to resolve the dispute, claim, question, or disagreement. Before you take a dispute to arbitration or to small claims court, you must first contact our Customer Care Department at the toll-free number listed on your Lingo invoice for the Service, or write to us at the following address, and give us an opportunity to resolve the dispute:
805 Wright Brothers Boulevard,
Cedar Rapids, IA, 52404
Attention: Customer Care Department
You must describe your dispute and provide Lingo with any supporting documentation. Likewise, if Lingo has a dispute with you, it will notify you by letter sent to your billing address, or by e-mail to your designated e-mail address, and attempt to resolve it before pursuing a small claims court complaint or arbitration. If you and Lingo do not reach a resolution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally resolved either by the Small Claims process described in subparagraph B below, if applicable, or by final, binding arbitration administered by the American Arbitration Association (“AAA”) as described in subparagraph C below. Nothing in this subsection shall limit Lingo’s right to suspend or terminate service immediately in the event of any material breach of this Agreement by Customer, including nonpayment of charges when due.
Both you and Lingo have the right to assert any claim or claims against the other party cumulatively totaling under $8,000 in small claims court (or an equivalent court hearing only small claims) if the dispute qualifies for consideration by such a court. In no case shall such claim be heard by a jury. The claiming party (you or Lingo) also has the right to pursue such small claim(s) in binding arbitration as described below. The claiming party can choose whether to proceed initially in arbitration or in small claims court; but if for any reason a small claims court lacks jurisdiction, the claim(s) shall be resolved in arbitration in accordance with subparagraph C below.
Except for claims resolved pursuant to the foregoing Small Claims provision, any controversy or claim arising out of or relating to the Service, the Device, or this Agreement or the breach thereof, shall be resolved by arbitration administered by the AAA in accordance with this Agreement and the AAA’s Commercial Arbitration Rules including, where deemed applicable by the AAA, the Supplementary Procedures for Consumer-Related Disputes and the Consumer Due Process Protocol. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a single neutral arbitrator. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1 et seq.).
You or Lingo may commence arbitration by contacting the AAA in writing at AAA Service Center, 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203, and demand arbitration of the dispute in accordance with the applicable AAA rules. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org.
Any in-person arbitration hearing will be conducted at a location that the AAA selects in the state of a consumer’s primary residence, or, in the case of a business, its main office in the United States. Any arbitration shall remain confidential. Neither you nor Lingo may disclose the existence, content or results of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
If any portion of this Dispute Resolution Section (Section VIII) is determined to be unenforceable, then the remainder shall be given full force and effect.
You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. The arbitrator may not award punitive, exemplary or similar damages. The parties agree that an award of such damages will be void if issued.
In the event the AAA declines for any reason to administer a dispute submitted to arbitration in accordance with this Agreement, then the dispute shall be resolved pursuant to the Small Claims provisions of this Agreement, if applicable. If resolution is not possible under the Small Claims procedures, the dispute shall be submitted to final binding arbitration before a single arbitrator selected in accordance with the applicable rules, fees and procedures administered by JAMS, as described in greater detail on the website www.jamsadr.com.
The parties acknowledge and agree that this Agreement and products and Services offered by Lingo, including advertising, involve interstate commerce.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT IN SMALL CLAIMS COURT, OR IN AN ARBITRATION, WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS, EXCEPT WITH THE AGREEMENT OF ALL PARTIES. IN NO CIRCUMSTANCE WILL ANY PARTY BE REQUIRED TO ARBITRATE CLAIMS ASSERTED ON A CLASS-WIDE BASIS OR WHERE DIFFERENT PARTIES’ CLAIMS ARE JOINED. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE NOT EXPRESSLY AUTHORIZED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND LINGO BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
Despite Section I or any other provision of this Agreement, if Lingo makes a change to Section VIII relating to the arbitration of disputes, you may reject any such change and require Lingo to adhere to the language of this Section VIII when you initially entered into this Agreement.
ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE THE BASIS FOR THE CLAIM OR DISPUTE FIRST ARISES, UNLESS A SHORTER PERIOD IS PROVIDED ELSEWHERE IN THIS AGREEMENT
If you file a request for arbitration, you will have to pay a filing fee and other fees in accordance with the AAA (or JAMS) fee schedule, except that Lingo will advance or pay such fees if that is required by the AAA (or JAMS) or to make the arbitration agreement lawful under the controlling state law. Under AAA rules, costs such as the arbitrator’s fees and expenses and an administrative fee may be allocated between the parties. Each party shall bear all of their own other costs and expenses incurred in participating in the arbitration, including without limitation travel and telephone costs.