Terms and Conditions of Agreement Between a Customer and ooma

These Terms and Conditions, together with material labeled "Terms and Conditions" on ooma's Website, constitute an agreement ("this Agreement") between ooma, Inc. ("ooma", "we", "us," or "our") and each of our customers ("customer", "you," or "your"). This Agreement governs your purchase of equipment and licensing of software and firmware from us and governs our provision of services to you and your use of those services. YOU REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO ENTER THIS AGREEMENT AND THAT YOU HAVE READ AND FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. You make this representation when you order equipment or services from us at our Website or over the phone or through a retailer and each time you activate or use a service from ooma. We reserve the right to cancel this Agreement at any time should we determine you were not of legal age or mental sufficiency to enter into a binding contract or if you are not authorized to change or modify your telephone service with your local telephone company.

1 Purchase and Licensing of Equipment

• (a) Purchase of Equipment: When you enter this Agreement, you are purchasing or have purchased certain equipment from us. The equipment includes the ooma Hub& TM personal communications center and may include one or more ooma Scout& TM devices or other equipment offered through our Website (referred to as "Equipment"). Descriptions of our Equipment and the prices for the Equipment are published on our Website, and those descriptions and prices may be modified without notice are incorporated by reference into the Agreement. You will own the Equipment and bear all risk of loss of, theft of, casualty to or damage to the equipment from the time that we ship it to you until the time (if any) that it is returned to us in accordance with this Agreement. You agree to the limits on use of the equipment, as set forth in Paragraph 5 below.
• (b) Subject to the limitations in this Agreement, purchase of the ooma Hub device includes the capability to make local and domestic long-distance calls using the device without charge during the life of the ooma Hub device. Any and all references to the ooma product and/or service offering as it appears on ooma packaging, in sponsored advertising, on the ooma Web site, and/or in third party marketing materials that refer to the provision of "free calling" and/or "service for life" shall be narrowly construed as providing the customer with the ability to make residential calls in the US using the ooma system for the life of the product, subject to the terms and limitations of this Agreement. These calls will be routed using the Internet Protocol over your high-speed Internet connection and are subject to the characteristics described in Paragraph 3 below. Domestic long-distance calls and local calls do not include international calls or calls to Canada and some other locations within the North American Numbering Plan Area, and they don't include calls to content providers (e.g., 900, 976), premium services (411) or operator assisted calls (0+, 00+). ooma may choose to block toll calls or charge the customer for reimbursement of charges associated with calls to phone chat services, 900 numbers, or calls to cast votes or hear recorded messages (such as those promoted in connection with reality TV shows, radio contests, or celebrity-sponsored recordings) if such calls result in atypical termination costs and/or surcharges. A description of the long-distance calls that can be made without charge using the ooma Hub device is included elsewhere on our Web site, and that description is incorporated into this Agreement by reference. Your ability to continue to make long-distance calls is contingent upon your continuing to subscribe to a high-speed Internet service.
• (c) License of Firmware and Software: With your purchase of the Equipment, we grant to you a nontransferable, revocable license to use firmware or software embedded in the equipment in object code form (without making any modification thereto) strictly in accordance with the Terms and Conditions of this Agreement. We do not grant any license to use the firmware or software in any other manner, and you expressly agree that the Equipment is exclusively for use in connection with the capability to make long-distance calls, described above, and Services offered by ooma, described below. You shall not reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
• (d) Return of Equipment and Refund:

  (i) Purchases Directly from ooma: If you bought your Equipment directly from ooma, you may return the Equipment to us within 30 days of the date you received the Equipment and we will refund the purchase price to you, provided that you (1) return all of the equipment that you purchased from us within the 30-day period in original condition, original packaging preferred; (2) deactivate your account with us within the same 30-day period; (3) return original proof of purchase with the device(s), together with all parts, and accessories; (4) obtain a valid return authorization number from our customer care department prior to returning the device to us by calling 888-711-6662; and (5) pay all costs of shipping the device(s) back to us. You may return Equipment for a refund only once.

  (ii) Retail Customers: If you bought your Equipment from a retail store, dealer, or other provider ("Retailer"), rather than directly from ooma, you may not return the Equipment to us. If permitted by the Retailer, you may return the Equipment to the Retailer, in which case the return will be subject to the Retailer's return policy.

2 Services

• (a) We offer additional services with certain subscription packages including long-distance calling throughout the 50 United States, bundled services, use of the Broadband Answering Machine& TM service, and Instant Second Line& TM feature, and from time-to-time we may add, alter, or eliminate various services (together referred to as "Services"). Our Services and the prices we charge for them, including any promotional pricing, are described elsewhere on our Web site and are subject to change from time to time without notice. Descriptions and pricing of Services that appear on our Website are incorporated into the Terms and Conditions of this Agreement.
• (b) Term: The term for each Service will begin on the date it is activated and will continue until the Service is terminated by you or by us, as is more fully set forth in Paragraph 6 below. Notwithstanding the preceding sentence, in some cases, the description of Services or the pricing for Services may provide for an initial minimum term. Likewise, the sale of an item of Equipment at a particular price may require as a condition a minimum initial term for a service. Any initial minimum term will be described on our Website where you purchase the Equipment or activate the Services. Where such minimal initial term is specified on our Website or in this Agreement, said minimum initial term shall supersede and govern. The provision for any such minimum term on our Website is incorporated into these Terms and Conditions.
• (c) Trial offers and special promotions: ooma may offer its customers free trials of individual or bundled services as special promotions from time to time. Such services are not guaranteed and can be modified, extended, altered, or cancelled by ooma at any time without notice. You will be notified when these features and services are due to expire. Should you fail to notify ooma of your intention to cancel the use of these promotional features and services beyond the trial period, you may be charged monthly fees for continued usage, which fees shall be published on our Web site and are incorporated by reference herein.
• (d) Enhanced Services: From time to time, ooma may offer its customers additional enhanced features and services for a one-time or monthly fee. The specific enhanced services and associated fees will be posted on our Web site and are incorporated by reference herein. You agree not to use or access such services except during the free trial period. Should you continue to use or access such services beyond the expiration of the trial period, you will be deemed to have subscribed to such services and may be charged the associated fees for use of such services. Failure to pay such associated charges may result in suspension, temporary cancellation, or termination of your account without notice. ooma may choose to modify, extend, alter, or cancel enhanced services at any time without notice.

3 Requirements and Characteristics of Long-Distance Calling Capability and Services

• (a) Requirements: As a condition to the use of the long-distance calling capability and our Services, you are required to maintain a high-speed Internet connection. In order to function properly, an ooma Hub or ooma Scout device must be attached between each of your telephones and the wiring jack for that telephone (or for cordless telephones, between the base unit of the cordless telephone and the wiring jack). You must have at least one ooma Scout device in addition to the ooma Hub device to support the Instant Second Line feature. The high-speed Internet connection must be capable of data speeds of at least 384 kilobits downstream and 256 kilobits upstream. If you wish to use your ooma device with your existing landline telephone service you hereby authorize us to provision your residential phone line with your landline service provider to ensure the line is properly configured to work with our Equipment and Services or you must agree to provision the line with your landline service provider yourself. You will be responsible for paying for any reconfiguration fees charged by your landline service provider. The ooma system has been designed to support installation and use in the US with a US high-speed Internet service provider. If you choose to install and use the ooma system overseas, you will be solely responsible for any violations of any export laws, tax laws, tariff agreements, U.S. or foreign regulatory rules, US or local laws, breach of contract with your high-speed Internet providerís terms of service. You will also be accountable for payment of any taxes, fees, penalties, and/or surcharges associated with use of the ooma system overseas. ooma reserves the right to suspend service to any non-US based system at any time.
• (b) 911 Emergency Calling: If you have a landline connected to your ooma devices, 911 will be directed through your local telephone service line provided by your local telephone service company. In such case, your 911 calls will be handled by your local telephone service company, not by us. If your phone is not connected to a landline then the following Terms and Conditions apply:

(i) EMERGENCY SERVICES - 911 DIALING: Internet-only 911 Dialing is different than traditional 911 service and is generally referred to as enhanced 911 or E911. E911 service is subject to availability within your calling jurisdiction. With E911 service, when you dial 911, your telephone number, and the service address you registered with ooma is simultaneously sent to the local emergency center assigned to your location. Emergency operators have access to the information they need to send help and call you back, if necessary. Customers in locations where the emergency center is not equipped to receive, capture, or retain your telephone number and address have basic 911 or limited E911. In addition, you may receive basic 911 or limited E911 if you are assigned a telephone number associated with a different geographic area than the one where you are using the Equipment, or if you dial 911 before your registered location has been entered in the emergency operator's database. With basic 911 or limited E911, the local emergency operator answering the call may not have your call-back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. As additional local emergency centers become capable of receiving our customers' information, ooma will automatically upgrade customers with basic 911 to E911 service. ooma will not give you notice of the upgrade. Certain customers may not have access to either basic 911 or E911. If you don't have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number, and location of the customer calling 911, and will contact the local emergency center for such customer in order to send help. Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer's address, the customer is identified with an international location, or the customer is located in an area that is not covered by the landline 911 network. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the national emergency call center. You authorize us to disclose your name and address to third-parties involved with providing 911 emergency services to you, including but, not limited to, call routers, call centers, and local emergency centers.

(ii) Notify All Users: You should inform all household residents, guests, and other third persons who may be present at the physical location where you utilize Services of the important distinctions and limitations of national emergency 911 Dialing as compared with landline 911 or E911.

(iii) Registration of Physical Location Required: For each phone line that you utilize with the internet-only service, you must register with ooma the physical location where you will be using the Equipment with that phone line. Your initial location will be registered as a part of new product registration and receiving a new phone number from us. It is incumbent on you to confirm the accuracy of your physical address via your online account if you have any changes, additions, or transfers of phone numbers. If we cannot validate the address you provide during the registration process, we will not initiate Internet-only service and you will be able to return the Equipment for a refund. If you move the Equipment to another location it should work without further registration, but you still MUST update your physical address in order to ensure proper 911 Dialing function. If you do not update your location, any 911 calls you make may be routed to an emergency center near your old address and may result in help being sent to the wrong location. You may update a location by logging into your online account or contacting a member of our customer support team, Monday through Sunday, 8am to 6pm PST, at 1-866-452-6662. For purposes of 911 Dialing, you may only register one location at a time for each phone line. Should you choose to use the ooma system overseas, you will not have access to emergency calling.

(iv) Service Outages.

(A) Service Outages Due to Power Failure or Disruption. 911 Dialing does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Equipment, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, or if you move the Equipment, you may need to reset or reconfigure the Equipment prior to utilizing 911 Dialing.

(B) Service Outages Due to Internet Outage, Suspension, Disconnection of Broadband Service, or Internet Service Provider ("ISP") Service. Service outages, suspensions, or disconnections of service by your high-speed Internet provider or ISP will prevent all services, including 911 Dialing, from functioning.

(C) Outage Due to Disconnection of Your ooma Account. Outages due to disconnection of your account will prevent the Equipment, including 911 Dialing, from functioning.

(D) Outages Due to ISP, Broadband Provider Blocking of Ports, or Other Acts. Your ISP, high-speed Internet provider, or other third party may block the ports over which the telephone connection is made or otherwise impede the usage of the Equipment. If you suspect this has happened, you should alert us to this situation and we will work with you to attempt to resolve the issue. During the period that the ports are being blocked or your Equipment is impeded, your Equipment, including 911 Dialing, may not function. You acknowledge that ooma is not responsible for the blocking of ports by any third party or any other impediment to your usage of the Equipment, and any loss of capabilities of our Equipment and Services, including 911 Dialing, which may result.

(E) Other Outages. If there is an outage for any reason, such outage may prevent all Equipment, including 911 Dialing, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

(v) Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls:

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing Equipment as compared to traditional 911 dialing over traditional public telephone networks.

(vi) Disclaimer of Liability and Indemnification: We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither ooma nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness, or willful misconduct. You shall defend, indemnify, and hold harmless ooma, its officers, directors, employees, affiliates, agents, and assigns, and any other service provider who furnishes services to you in connection with the Equipment or Services, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party relating to the absence, failure, or outage of the Equipment, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Equipment to be able to use 911 Dialing or access emergency service personnel.

(vii) Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider continuing to have a basic landline connect to your Equipment.

• (c) People-Powered Network: ooma's Equipment and Services utilize the public Internet and third party networks to transmit voice and other communications. These third party networks may include our customers' local telephone lines. When you make a long-distance call, it might be directed through the Internet connection of another ooma customer to that customer's ooma device, if your intended recipient is within the local calling area of the other customer, and from the ooma Hub device through the other customer's local telephone service line to the recipient. Likewise, a call from another ooma customer to a recipient in your local telephone service calling area may be directed through your Internet connection to your ooma device, and from there through your local telephone service line to the intended recipient. In other words, people help each other to make long distance calls, and so we refer to this as the people-powered network. By ordering the Equipment or any Services from ooma and connecting it to your local phone line, you consent to your participation in the people-powered network. Your participation in the people-powered network will be completely transparent to you; if your telephone line is being used to complete the call of another customer, your telephones will still work to receive incoming calls and to make outgoing calls. If you ever receive any charges for these third party local calls, you agree to contact ooma immediately so that we may take appropriate actions to rectify overages and prevent further charges.

If you subscribe to an enhanced monthly service bundle ("Monthly Service Bundle"), as described on our Web site and incorporated by reference herein, we will not use your Equipment to route third party calls or route your calls through other ooma usersí Equipment for the period of time in which you continue to subscribe to such Monthly Service Bundle.

• (d) Privacy and Security: The long-distance capability and our Services use the public internet, third party networks, and inside wiring in customers' premises to transmit communications. We have engineered our Equipment and Services to minimize the risk of any loss in privacy when using such systems. You acknowledge, however, that we cannot guarantee that your communications are completely secure. We respect your privacy and treat the content of all communications as private, except as may be required by law. Please refer to the Privacy Policy on our Website for additional information.
• (e) Power Outages and Broadband Service Interruptions: The long-distance capability and our Services use the public internet and third party networks. We provide the capability and services on a best efforts basis. However, events beyond our control may affect them. Such events could include a loss of power at your location, the loss of your high-speed Internet service, and fluctuations in the quality of service of the public internet. We will act in good faith to minimize any disruptions. If there is a disruption of the calling capability, and you have a landline connection provided by your local phone company, you may be able to use your traditional telephone service to complete calls. This may result in charges by your presubscribed long-distance carrier for long-distance calls completed using your traditional telephone service while the Equipment's calling capability is unavailable. If you do not hear the special dialtone associated with your ooma Services, you will not have access to the long-distance capability we provide. The ooma tab on the ooma Hub device will display a red light under such circumstances, indicating an Internet connection failure.
• (f) Home Security and Medical Alert Systems: Our services and the long-distance calling capability may not be compatible with certain home security and medical alert systems that communicate with the home security provider or medical alert provider by dialing a number using your local telephone service line. You may be required to maintain a separate landline telephone service from your local telephone company in order to use such systems. You are responsible for contacting the home security or medical alert company to determine the compatibility of its system with our Equipment and Services.

4 Billing and Payments

• (a) Billing: When you purchase Equipment or activate Services from us, you may be required to provide us with a valid email address and a credit or debit card number from a card issuer ("issuer") that we accept, together with the billing address for the card. We reserve the right to stop accepting credit or debit cards from one or more issuers. If your credit or debit card expires, you close your account, your billing address changes, or your credit or debit card is cancelled and replaced on account of loss or theft, you must advise us at once and provide new credit or debit card information. Should you choose to add a paid service or feature in the future or incur charges for non-landline 411 calls, international calling, such charges, and associated taxes and/or fees, will be payable monthly in advance, except for any usage charges, which will be billed monthly in arrears. We will determine the billing period and may change it from time-to-time. Usage charges, if any, will be billed in increments that are rounded up to the nearest full minute, except as otherwise set forth on our Website. We reserve the right to bill more frequently if the amount you owe to us exceeds $75. The amount of fees and charges will be published on our Website and may change from time-to-time. Notification of monthly invoices, if any, will be sent to you using your email address on file with us. We may be required to bill you certain fees, which may include, but are not limited to, activation fees; Service fees; usage charges; international usage charges; advanced feature charges; premium services/Add-ons, Equipment purchases; regulatory recovery fee; Emergency 911 Cost Recovery Fee; 911 fees; Federal Universal Service Fee; federal, state, and/or local taxes; disconnection fees; and shipping and handling charges. The amount of such fees and charges shall be published on our Website and may change from time to time.

(i) Interruptions of Service: You acknowledge that Services are provided on a best efforts basis using the public network and third-party networks. Therefore, we will not provide any credits for interruptions of Service.

(ii) Billing Disputes: If you dispute any charges on an invoice from us, you must notify us in writing within 30 days after our notification to you of the invoice (or within any greater period required by law); otherwise, you will be deemed to have waived any right to contest such charges. During the period of a billing dispute, our receipt and acceptance of a partial payment shall not be construed as a payment in full of the contested amount, as set forth below. All notices of disputed charges should be sent to: ooma, Inc., c/o Billing Department, 1840 Embarcadero Road, Palo Alto CA 94303.

• (b) Payments: We accept payment only by credit or debit card. Your purchase of Equipment or activation of Services from us authorizes us to charge your credit or debit card. This authorization will remain valid until 30 days after we receive written notice of your intent to terminate our authority to charge your credit or debit card. If you provide such notice, we will charge your credit or debit card for any applicable termination fee and any other outstanding charges and terminate your Services.

(i) Collection: If your Services are terminated, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorneys' fees.

(ii) Notices: You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive ten days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing, we are not obligated to do so. We may change or cease our messages at any time without notice to you.

(iii) Late and Partial Payments: We may add late-payment charges to any past-due amounts at the lower of 1.5% per month of the past-due amounts or the maximum rate allowed by law. Our acceptance of late or partial payments (even if marked "paid in full" or with other restrictions) shall not waive any of our rights to collect the full amount of the charges. If charges cannot be processed through your credit or debit card, we may add a processing fee of $15 or any lesser amount if limited by state law.

5 Use of Equipment and Services

• (a) Residential Use: We provide the Equipment and Services to you solely for residential use. The use of the term "unlimited" in conjunction with ooma's service offering as it appears on ooma packaging, in sponsored advertising, on the ooma Web site, and in third party marketing materials, refers to normal residential phone usage as defined herein. You agree to use the Equipment only in a manner consistent with normal residential usage patterns. You are prohibited from using the Equipment or any Services for auto-dialing, continuous, or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), voicemail broadcasting, or fax or voicemail blasting or with regular, consistent activity that could be considered commercial or for-profit in nature ("Prohibited Use"). You agree we have the right to terminate your service if we conclude you are using the service for a Prohibited Use. In addition you agree that any usage of more than 3,000 minutes per month will be deemed dispositive proof of Prohibited Use. In the event you engage in Prohibited Use, ooma reserves the right to terminate service without notice or, at ooma's sole discretion, to charge you at a rate specified on our Web site for calls that exceed the 3,000-minute per month limitation. This rate may be modified on our Web site from time to time.
• (b) Unlawful Use or Inappropriate Use: You shall use the Equipment and Services only for lawful purposes. You shall not use the Equipment or a Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or in any similar manner. If we believe that you have used the Equipment or any of our Services for unlawful or inappropriate purposes, as described above, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to those authorities. In addition, we will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, in order to protect our rights and property, or where we believe that failure to disclose the information may lead to imminent harm to you or others.
• (c) International Usage: The ooma system has been designed to support installation and use in the US with a high-speed internet connection. The ooma system provides residential US calling and low-cost international calling rates, as published on our Web site. We cannot guarantee installation or use of the ooma system outside the US. We currently only provide US phone numbers. We cannot ensure that all of ooma's features will work outside the US. If you choose to install and use the ooma system overseas, you will be subject to all associated fees, taxes, surcharges, and legal penalties, as described more fully in Paragraph 3(a) above.
• (d) Tampering and Theft: You agree:

  (i) You will not open the housing of the Equipment or tamper with the components of the Equipment in any manner, including changing physical or electronic identification information or any other reverse engineering;

  (ii) You will not modify software to access a Service you have not subscribed to or to make use of the Services in a manner inconsistent with its intended purpose;

  (iii) You will not use the Equipment or any Services in any manner to avoid ooma's charges or its policies;

  (iv) You will not make any effort to compromise the integrity or privacy of the communications of others; and

  (v) You will use your best efforts to prevent others from doing any of the above. You agree to notify us immediately if the Equipment or any of our Services are being stolen, fraudulently used, or are otherwise being used in an improper manner.

• (d) Theft of Service. You shall not use or obtain the Equipment in any manner that avoids or violates ooma's policies and procedures, including in an illegal or improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Equipment is stolen or if you become aware at any time that your phone service is being stolen, fraudulently used, or otherwise used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Equipment, the fraudulent use, or unauthorized use of Services. Failure to do so in a timely manner may result in the disconnection of your Equipment and additional charges to you. Until such time as we receive notice of the theft, fraudulent use, or unauthorized use, you will be liable for all costs and damages (including reasonable attorneys' fees) related to the fraudulent or unauthorized use of Equipment and Services, whether or not it involves stolen equipment. ooma reserves all of its rights at law and equity to proceed against anyone who uses the Equipment illegally or improperly.
• (e) Assignment of Phone Number. If you are using your Equipment without a landline and have purchased a package that includes subscription to an incoming phone service, and you have requested a phone number for your Equipment, you will have the option to choose a phone number or we will assign you a new phone number. This phone number may or may not be in your local calling area. If the phone number is not in your local calling area, please be aware that others in your local calling area may incur charges when calling you and that the toll charges to call you from another calling area may be different than at your old landline number. The number assigned will be unique to the Equipment and will transfer with any sale of the Equipment. If, at any time, you cease to use the Equipment, please notify us immediately so that we can re-use your phone number. If, for whatever reason, you cease to use the Equipment for six months, we reserve the right to re-assign your phone number to someone else's equipment. In the event you wish to re-activate your Equipment, we will re-issue you a new phone number, and you may incur re-activation charges. If you select a second phone number during the introductory trial period and, at the conclusion of such trial period, you do not subscribe to a Monthly Service Bundle, this second phone number will be cancelled and re-assigned.
• (f) Services Distinctions. The Services and any telephone calls placed using the Equipment are provided on a best efforts basis. Things beyond our control may affect the Equipment, Services, and telephone connections, such as power outages, fluctuations in the internet, your underlying ISP, or high-speed Internet service. Other things may affect Equipment and Services, such as maintenance. ooma will act in good faith to minimize disruptions to your use of and access of the Equipment. Important distinctions exist between a telecommunications service and our Equipment and Services, and our Equipment and Services are subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
• (g) Ownership and Risk of Loss. You will own the Equipment and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you. If the Equipment is damaged, lost, or stolen you will no longer be able to make unlimited local and domestic long-distance calls and will be required to purchase new Equipment.
• (h) No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Equipment, if not connected to a landline, does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Equipment, if not connected to a landline, may not support 311, 511 and/or other x11 services in one or more (or all) service areas (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement, and 711, which is used to access telecommunications relay services). To keep all of these Services, please have your Equipment configured with a landline.
• (i) No Directory Listing. If you do not connect your phone to a landline and receive a phone number from us, it will not be listed in any telephone directory. As a result, someone with your phone number may not be able to utilize a reverse directory to lookup your address.

6 Termination of Services

• (a) By You: You may terminate any or all Services by calling our Customer Care Department at the number posted on the Website. You may make the termination effective at any time after 5 working days from your termination request, except for Services where a minimum initial term is specified. You may make the termination effective on any date after the minimum initial term for any Services plus 5 working days.
• (b) By Us: We may terminate any or all of your Services or use of your Equipment at any time if any charge by us to your credit or debit card is declined or reversed, if your credit or debit card expires or is cancelled and you have not provided us with a valid replacement credit or debit card, or if you otherwise fail to pay charges, taxes, or fees. We may terminate your use of the Equipment or of any or all Services if you fail to pay undisputed charges after they are due or within 5 business days after we have notified you that, in our sole but reasonable discretion, such disputed charges are valid and should be paid. We may terminate or modify your use of the Equipment or of any or all Services immediately if we determine, in our sole and absolute discretion, that you violated any of your obligations in Paragraph 5 or that you violated the license granted in Paragraph 1(c). We may terminate any element of the Services provided to you (but not your use of the Equipment for unlimited calling) for any other reason or no reason by providing notice to you of at least 10 working days.
• (c) Responsibility for Charges and Reconfiguration of Telephone Line: You will be required to pay for all service charges, taxes, and fees through the date of termination. You will also be required to pay any termination charges for a terminated Service, unless we terminate the Services pursuant to the last sentence of the preceding subparagraph. You will be responsible for arranging with your local telephone service company for any reconfiguration of your local telephone service line and for paying any charges from your local telephone service company for such reconfiguration. If you terminate our Instant Second Line Service, you must remove the "call forward on busy" feature on your telephone service line or redirect the call-forwarding to a different telephone number.

7 Changes to Agreement

• We may change the Terms and Conditions of this Agreement by providing direct notice to you using the email address you provided to us or by changing the Terms and Conditions posted on our Website. IF YOU CONTINUE TO USE THE EQUIPMENT OR USE OR PAY FOR ANY SERVICES AFTER SUCH CHANGES, YOU AGREE TO THE CHANGES IN THE AGREEMENT. Any increase in our prices shall not be effective sooner than 3 days after we provide direct notice to you or 15 days after we post any price increase on our Website. Any increases in fees or charges authorized by governmental agencies may become effective 3 days after posting on our Website. No changes can be made to this Agreement otherwise except by a written amendment signed by both you and us.

8 Warranties

• (a) Limited Equipment Warranty: We provide a limited warranty on the Equipment as to manufacturing defects for a period of ONE year from the date of purchase. This Limited Warranty does not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, does not apply to any defect caused by damage in transit, damage by a Retailer, damage from dropping, abuse, water damage, electrical or lightning, or from other types of customer handling. This warranty does not cover any voice quality problems related to the customer's high-speed Internet connection. Your sole remedy for any breach of this limited warranty is to obtain a repaired or replacement item of Equipment. You must include with the returned Equipment a letter stating that you are returning the equipment for warranty repair or replacement and state the nature of the defect. The capability to use the Hub device to make long-distance calls, as described and qualified in subparagraph 1(b), will continue with any Hub device obtained from us to replace the original Hub device under this warranty. This Limited Warranty does NOT cover cost of shipment. You must be registered with ooma as the primary account holder of record to exercise rights under this paragraph.
• (b) Option to extend Limited Equipment Warranty: During the first year of coverage, the customer has the option to extend the Limited Warranty for an additional TWO-year period for a one-time charge, as more fully described on our Web site and incorporated by reference herein. Separate terms and conditions apply to that extended limited warranty. Should the customer subscribe to a Monthly Service Bundle during the first year of service, the terms of the Limited Warranty will survive and extend from the first year of coverage for such continuous period of time as the customer continues to pay the fees associated for such Monthly Service Bundle. Any interruption in the customer's subscription to, or payment of associated service fees in connection with, the Monthly Service Bundle will result in immediate cancellation and suspension of coverage from the extended Limited Warranty.
• (c) Requests for Replacement Device: To request a replacement device under the terms of this paragraph, the customer is required to call and speak with a member of ooma Customer Support at 1-888-711-6662. The customer must provide a valid credit card (American Express, Mastercard, or Visa). ooma will ship a replacement device along with a shipping label to return the damaged or broken device. The customer is required to return the damaged or broken device within 14 days of receipt of the replacement device or the credit card on file will be charged. Should ooma determine that the damaged or broken device is not covered under the terms of this paragraph, the customer will have 14 days to return the replacement device or the credit card on file will be charged for the cost of the replacement device plus associated taxes and shipping fees.
• (d) No Other Warranties: OTHER THAN THE LIMITED EQUIPMENT WARRANTY EXPRESSLY SET FORTH ABOVE, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ON THE EQUIPMENT, USE OF THE EQUIPMENT, OR ON ANY SERVICE. THIS DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE EQUIPMENT OR ANY SERVICES WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA, OR INFORMATION, OR THAT THE FIRMWARE OR SOFTWARE IS ERROR FREE. ANY STATEMENTS AND DESCRIPTIONS CONCERNING THE EQUIPMENT OR SERVICES BY OOMA OR ITS AGENTS OR REPRESENTATIVES ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
• (e) Refunds: The refund policy may be modified from time to time as posted on our Website. Initially, there will be no refunds unless the Equipment is returned to us within 30 days of purchase (or as otherwise required by law), unless ooma agrees to a refund as part of warranty claim under Paragraph 8(a). The customer will be responsible for the cost of return freight charges, and the Equipment must be returned in "like new" condition in its original packaging. We reserve the right to charge a restocking fee as may be posted on our Website from time to time.

9 Limitations of Liability and Indemnification

• (a) Direct Damages: OOMA'S LIABILITY TO YOU ON ACCOUNT OF ANY ACT OR OMISSION OF OOMA RELATED TO THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO THE SERVICES OR 911 DIALING, SHALL BE LIMITED IN AMOUNT TO THE TOTAL OF OOMA'S CHARGES COLLECTED FROM YOU DURING THE SIX-MONTH PERIOD PRECEDING THE ACT OR OMISSION AND SHALL BE FURTHER LIMITED TO RECOVERY OF ACTUAL DAMAGES TO REAL OR TANGIBLE PERSONAL PROPERTY OR BODILY INJURY OR DEATH, PROXIMATELY CAUSED BY OOMA'S INTENTIONAL MISCONDUCT OR RECKLESSNESS. OOMA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES RESULTING FROM FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO), ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM, GOVERNMENT ACTIONS; LOSS OF POWER TO YOU; INSTALLATION WORK PERFORMED BY YOU OR BY THIRD PARTIES, OR ANY ACT OR OMISSION BY YOU OR ANY PERSON USING THE EQUIPMENT OR SERVICES PROVIDED TO YOU ; EQUIPMENT, NETWORK OR FACILITY FAILURE, SHORTAGE, UPGRADE, RELOCATION OR MODIFICATION; AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR, OR OTHER THIRD PARTY, INCLUDING BLOCKING OF PORTS BY YOUR ISP OR HIGH-SPEED INTERNET SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE EQUIPMENT OR SERVICES CAUSED BY ANY THIRD PARTY; OR ANY OTHER CAUSE THAT IS BEYOND OUR REASONABLE CONTROL.
• (b) Indirect, Consequential Damages: OOMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ASSIGNS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, OR THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE, OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
• (c) Indemnifications: You shall defend, indemnify, and hold harmless ooma, its officers, directors, employees, affiliates, agents, assigns, and any other service provider who furnishes services to you or us in connection with the use of the Equipment and Services, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney's fees) by or on behalf of you or any third party (other than your local telephone service company) relating to your use of the Equipment and Services and any violations of your obligations under this Agreement.

10 Mandatory Arbitration; No Jury Trial

• Any dispute or claim between you, any member of your household, or any of your guests and us arising out of or relating to use of the Equipment or Services will be resolved by arbitration before a single arbitrator in accordance with the American Arbitration Association's Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement. The arbitration will take place in San Mateo County, California. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, you and we agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any California court having jurisdiction. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You agree not to bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration.
• THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN CALIFORNIA AND TO CONDUCT ARBITRATION PROCEEDINGS THERE.

11 Export Controls

• You agree to comply fully with all relevant export laws and regulations of the United States, including, but not limited to, the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security (the "U.S. Export Controls"). Without limiting the generality of the foregoing, you expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of the Services or any direct product thereof to any destination, company, or person restricted or prohibited by U.S. Export Controls.

12 Copyright Infringement; Digital Millennium Copyright Act (DMCA) Notice

• Materials may be made available via the use of the Equipment and Services by third parties not within our control. We are under no obligation to, and do not, review content posted, published, or broadcast through our Services for illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to be posted, published, or otherwise broadcast through our Services. If you believe any of the materials we knowingly post, publish, or broadcast regarding our Services and Equipment infringe a copyright, you should provide us with written notice that, at a minimum, contains: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing, or to be the subject of infringing activity, that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows: ooma Legal Department, 1840 Embarcadero Road, Palo Alto CA 94303.

13 Miscellaneous

• (a) Form of Notice: Except as stated otherwise in this Agreement, when a notice is required from us to you, we may provide that notice by email to the email address provided by you when you established your account with us. You are responsible for keeping that email address up-to-date. When you are required to give us notice, you must do so, except as stated otherwise in this Agreement, by using the notice facility on your account page provided on our Website or by speaking with a member of our customer support team.
• (b) Survival: The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
• (c) No Third Party Beneficiaries: No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.
• (d) Governing Law: This Agreement and the relationship between you and us are governed by the laws of California without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Paragraph 10, such action shall only be brought in a court of competent jurisdiction in San Mateo County and you shall submit to the personal and exclusive jurisdiction of the courts located within the State of California and waive any objection as to venue or inconvenient forum.
• (e) Copyrights, Service Marks, and Trademarks: The Equipment and each of our Services and any firmware or software used to provide the Services or provided to you in conjunction with our Services, or embedded in the Equipment, and all Services, information, documents, and materials on our Website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All of our Websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively 'marks') are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
• (f) Entire Agreement: Certain materials on our Website are related to these Terms and Conditions. The related materials are those that are specifically referred to under the Terms and Conditions posted on our Website, and they are specifically incorporated into this Agreement by reference. Materials on our Website which are not specifically referred to in these Terms and Conditions are not incorporated into this Agreement. This Agreement, including any future modifications which may occur pursuant to Paragraph 7, and the charges for Equipment and Services, and other related materials found on our Website constitute the entire Agreement between you and us and governs the use of the Equipment and Services by you, members of your household, and guests. This Agreement supersedes any prior agreement between you and us and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
• (g) Severability; No Waiver of Rights: If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.