Legal

Ooma Terms & Conditions for Comcast

These Terms & Conditions (the “Terms”) serve as a binding agreement between you (“Customer” or “you”) and Ooma, Inc. and its affiliates and/or subsidiaries (“Ooma” or “us”) and govern the use of the Ooma Services and Equipment specified in the order form entered into between you and Comcast (“Sales Quote”). By using such Ooma Services and Equipment, you represent and warrant that you have read these Terms and understand, agree to, and accept all terms and conditions contained herein.

THIS AGREEMENT DESCRIBES LIMITATIONS THAT E911 SERVICE MAY HAVE IN COMPARISON TO TRADITIONAL 911 SERVICE. IF YOU ARE UNCOMFORTABLE WITH THESE LIMITATIONS, CONSIDER USING AN ALTERNATIVE MEANS OF ACCESS TO TRADITIONAL 911 OR E911. WE STRONGLY RECOMMEND THAT YOU HAVE AN ALTERNATIVE MEANS FOR PLACING EMERGENCY CALLS AVAILABLE AT ALL TIMES.

Definitions
1. “AirDial^® Service” is a fixed-location solution for replacing traditional landlines, also known as POTS (Plain Old Telephone Service) lines, using Voice over Internet Protocol (“VoIP”) with the cellular network and/or the wireline data network.
2. “Content” includes e-mail, text, photos, videos, games, music, graphics, sound, applications and other materials that may be accessed or sent by using certain Customer Equipment or Services.
3. “Customer Equipment” means all equipment and facilities necessary for the installation of the Equipment and Services, excluding any Ooma Equipment or Third-Party Equipment.
4. “End User” means the final user of the Services for its own internal purposes, including Customer’s employees, invitees, contractors, agents and third parties, whether or not authorized by Customer.
5. “Equipment” means all physical equipment in the Sales Quote, including Ooma Equipment, Customer Equipment, Third-Party Provider Equipment, and Third-Party Equipment.
6. “IP Rights” means any and all intellectual property rights arising in the U.S. or any other jurisdiction throughout the world, in each case whether registered or unregistered, and including all applications for such rights and renewals or extensions thereof.
7. “Law” means any applicable statute, law, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.
8. “MSISDN” means the Mobile Subscriber Integrated Services Digital Network Number (currently 10 digits) assigned by Ooma to a SIM that uniquely identifies a SIM, used to provide access to the AirDial Service.
9. “Ooma Equipment” means Ooma equipment purchased or rented by Customer.
10. “Services” means the services provided to Customer by Ooma in accordance with the terms of this Agreement.
11. “Service Locations” means the Customer locations at which the Equipment and Services are to be used.
12. “SIM” means subscriber identity module.
13. “Third-Party Equipment” means the equipment purchased or leased by Customer from a third-party other than Ooma.
14. “Third-Party Provider Equipment” means the equipment provided to Ooma by a third-party provider for inclusion in products provided by Ooma to End User Customers.
Licenses
1. Equipment License. Ooma grants Customer a limited, revocable, non-transferrable, sublicensable only to its End Users, non-resellable license and right to use firmware or software embedded in the Ooma Equipment in object code form strictly in accordance with this Agreement. Ooma does not grant any license to use the firmware in any other manner, and you expressly agree that the Ooma Equipment is exclusively for use in connection with the Services described in this Agreement.
2. Software License. Upon activation of the Service, Ooma grants Customer a limited, revocable, non-transferrable, sublicensable only to its End Users, non-resellable license and right to use Ooma’s software and applications strictly in accordance with this Agreement. Ooma does not grant any license to use its software, applications or firmware in any other manner.
User Guidelines and Policies
1. User Guidelines. Customer must, at all times, comply with the guidelines set forth in this Section and in the applicable product-specific terms and conditions (the “User Guidelines”). If Ooma has reason to believe Customer is violating the User Guidelines or making improper use of the Services, Customer will cooperate in any resulting investigation by Ooma, third parties, or government authorities and any government determinations will be binding on Customer. If Customer fails to cooperate in any investigation, Ooma may suspend the Service without further liability to Ooma. Further, Ooma may modify or suspend the Service as necessary to protect its networks or customers, or to comply with any Law. Customer may be subject to fines and other penalties passed through Ooma by governmental authorities, carriers or other third parties. It is Customer’s sole responsibility to ensure its End Users agree to these Terms and User Guidelines. Customer authorizes Ooma or a third party working on Ooma’s behalf to monitor any Content of Customer and its End Users to ensure compliance with Law and these Terms.
  1. Prohibited Uses. Customer shall not resell, transfer, or make a change to the Services or Ooma Equipment without the advance written permission of Ooma. Customer shall not interfere with other users, the Services, or equipment of the network, or use the Services in any way for (or as part of) any commercial service or application distributed or sold by Customer. Customer may not attempt to, in conjunction with any device, software program, or service, circumvent technological measures employed to control access to the Services. Neither Customer nor any End User of the Services may use the Services in any of the following ways:
    1. in any fraudulent, malicious, deceptive, dishonest, abusive, obscene, threatening, harassing, tortious, improper, defamatory, libelous, slanderous, or indecent manner that may result in civil or criminal liability or otherwise violate any Law;
    2. to harvest or otherwise collect information about others, including without limitation email addresses or personally-identifiable information, without their consent;
    3. to intentionally transmit or store any material that contains viruses, malware, or any other programs or materials that may be harmful or dangerous;
    4. to violate the foreign or domestic IP Rights or proprietary rights of any party;
    5. to violate the right of privacy, personality, or publicity of any party;
    6. to violate any Law regarding the transmission of technical data or information or software through the Services; or
    7. in any manner that interferes with Ooma’s ability to provide products or services to other customers;
  2. Prohibited Acts. You represent, warrant, covenant, and agree that neither you nor any End User shall do any of the following:
    1. transmit, upload, distribute, or store any programs or materials that may be harmful to the operation of the Services or another party’s computers, devices, equipment, systems, or networks;
    2. interfere with or disrupt networks or systems connected to the Services;
    3. sell, resell, distribute, lease, export, import or otherwise grant or purport to grant rights to third parties with respect to the Services, and any related software or hardware without Ooma’s prior written consent;
    4. use any Ooma mark without Ooma’s express, prior written permission;
    5. display or use of any third-party mark without the prior, written consent of the third party;
    6. undertake, direct, attempt, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Services or any associated software and hardware;
    7. defeat, disable, or circumvent any firewall or similar protection mechanism related to the Services;
    8. intercept, monitor, modify, or redirect any communication or data used by Ooma, or causing any product to connect to any computer server or other device not authorized by Ooma;
    9. allow any third party to use any software commands for maintenance or repair of any software or hardware used with the Services; or
    10. violate or interfere with Ooma’s IP Rights.
Equipment
1. Shipment and Delivery. Ooma will select the method of shipment for the Ooma Equipment, and will deliver the Ooma Equipment to the address specified in the Sales Quote or as otherwise directed by Comcast. Ooma does not assume responsibility for shipping and handling fees.
2. Theft of Equipment or Service. Customer shall notify Ooma immediately if the Ooma Equipment or Services are stolen or being used in an unauthorized manner. Failure to do so in a timely manner may result in the disconnection of the Ooma Equipment and Services and additional charges to you. Customer is liable for all costs and damages (including reasonable attorneys’ fees) related to the unauthorized use of Ooma Equipment and Services. Ooma reserves all rights at Law and in equity to proceed against anyone making or allowing the unauthorized use of Ooma Equipment or Services.
3. Network, Circuit Connection and Equipment. The Services require the ability to transmit data through public and private third-party networks and carriers (“Third-Party Networks”). Use of Third-Party Networks may require approval of the owners or operators of such Third-Party Networks and will be subject to any terms and conditions they may establish. Ooma does not own or control the Third-Party Networks and is not responsible or liable for the performance or non-performance of the Third-Party Networks, or within interconnection points between the Service and the Third-Party Networks. Circuit installation charges only include access to the building entry point. Any additional charges required by the Third-Party Networks to connect the circuits from the building entry point to the telecommunications room are the Customer’s responsibility. Customer may not sell, lease, license, rent or assign access to Third-Party Networks or any Ooma Equipment without the express written consent of Ooma. This Agreement does not create an ownership interest in the Services, including ancillary wires, lines, circuits or any other products or services provided by Ooma.
4. Usage Analysis. Ooma may store, analyze and use, on an aggregate basis, to the extent applicable, its customers’ calling destinations and patterns, product and feature usage, online activity, and other information (i) to customize products or services that Ooma may market to Customer and others; and (ii) to comply with Laws. Customer also agrees that Ooma may publicly disclose such aggregate information about its customers, including Customer.
5. Information Accuracy. Ooma attempts to describe its products, services, pricing and availability accurately but does not warrant that information on its website, packaging, brochures, flyers, advertising, email communications and other marketing materials is correct, up-to-date, and error-free.
Phone Numbers
1. Assignment of Numbers. Customer may have the option to choose or be assigned a phone number. This phone number may or may not be in Customer’s local calling area. If the phone number is not in Customer’s local calling area, others in Customer’s local calling area may incur charges when calling Customer and toll charges may be different than at Customer’s former number. Ooma may, from time to time, need to change a telephone number assigned to Customer. Ooma will not be liable for any damages should Customer need to be assigned a new phone number.
2. Number Porting. You must provide a complete list of phone numbers to be ported for use with our Services. Any omitted numbers may result in those numbers not being ported at the time of Service activation. Ooma will use reasonable efforts to facilitate the transfer of Customer’s phone number(s), if requested. Number porting is subject to availability and coverage will vary from time to time. Ooma relies on third parties outside of Ooma’s control for number porting. Ooma will not be liable for any change in availability, delay or failure in the processing of a number transfer, or for the unauthorized transfer of a number Customer uses with the Ooma Service.
3. Post-Termination Number Porting. Customer is responsible for promptly arranging to have its phone numbers ported to another service provider following termination of the Services. Customer must notify Ooma by emailing enterprisesupport@ooma.comof the number(s) ported to another service provider in order for Ooma to close the Customer account. To complete the number porting process, Ooma relies on the third parties outside of Ooma’s control. Customer agrees that Ooma will not be liable for any change in availability, delay, or failure in the processing of a number transfer. Customer is responsible for any fees or costs associated with porting its number(s) to another service provider.
Calling and Messaging Terms
1. Unauthorized Calling and Messaging. Customer is solely responsible for selection, implementation, and maintenance of security features for protection against unauthorized calling and messaging, such as firewalls and passwords. Customer agrees to notify Ooma promptly if it becomes aware of any fraudulent or unauthorized use of its account. Ooma shall not be liable for any damages whatsoever resulting from fraudulent or unauthorized use of Customer’s account and the payment of all charges to Customer’s account shall be and remain the sole responsibility of Customer.
2. Reasonable Use Policy. In additional to any additional use policies in these Terms, Customer must abide by the Reasonable Use Policy set forth in this Section and not use the Services in a manner constituting abusive or excessive use. Ooma’s Services are for normal, reasonable business use and consistent with the types and levels of usage by typical customers on the same business calling plan. “Normal Use” refers to the calling patterns of at least 95% of Ooma’s enterprise customers on the same business calling plan. A Customer’s aggregate usage may be considered outside of Normal Use if it involves: (i) an excessive number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; (ii) an excessive number of inbound domestic toll-free calling patterns during a month; (iii) other abnormal calling or messaging patterns indicative of an attempt to evade enforcement of this Reasonable Use Policy; or (iv) A Prohibited Use, as set forth below.
3. Excessive Use of Unlimited Plans. Unlimited voice plans are to be used for normal voice and/or text message-related communications with aggregate usage that falls within the range of Normal Use. Use of unlimited “paperless facsimile” service must also fall within the normal range of similarly-situated business customers and shall in no event exceed 500 transmitted pages sent or received per month. In addition, Customer agrees that it will not employ methods or use devices to take advantage of unlimited plans by using the Services excessively or for means not intended by Ooma.
4. Additional Prohibited Uses. Neither Customer nor any End User of the Services may use the Services in any of the following ways (a “Prohibited Use”): (i) to intentionally send or transmit unsolicited or “junk” or “spam” advertisements, communications, or messages (commercial or otherwise) without consent, including without limitation through email, voicemail, SMS, text, facsimile, or internet facsimile; (ii) to intentionally send SMS / MMS Content, whether sent via a mobile app, desktop app, API, third-party provider, or third-party platform, in a manner not compliant with the CTIA messaging guidelines, the Short Code Monitoring Handbook, T-Mobile’s Code of Conduct, AT&T’s Code of Conduct, or The Campaign Registry registration requirements, to the extent applicable; (iii) to intentionally engage in blasting or broadcasting bulk communications, advertisements, or messages (e.g., sending hundreds of messages simultaneously), including without limitation through email, voicemail, SMS, text, facsimile, or internet facsimile; (iv) to perform auto-dialing, “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls), or sequential number dialing in violation of applicable Law; (v) to transmit any communication that would violate any applicable Law, including but not limited to the Telephone Consumer Protection Act, the Junk Fax Prevention Act of 2005, or the rules governing the DoNotCall Registry Rules; (vi) to transmit misleading or inaccurate caller ID information or email/SMS address or header; or (vii) engage in or allow trunking or forwarding of your Ooma telephone or facsimile number to (an)other number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
Additional Equipment and Service Terms
1. Call Blocking. Ooma may choose to block toll calls or charge Customer for reimbursement of charges associated with calls if such calls result in atypical termination costs and/or surcharges, including, but not limited to, calls to “free” phone conferencing services, “free” call management services, phone chat services, 900 numbers or the international equivalent of any of the foregoing, or recorded messages (such as those promoted in connection with reality TV shows, radio contests, or celebrity-sponsored recordings).
2. May Not Support x11 Calling. The Ooma Equipment, if not connected to a landline, may not support 311, 511 and/or other x11 services (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in the Terms, and 711, which is used to access telecommunications relay services).
3. No 0+ or Operator Assisted Calling. If not connected to a landline, the Ooma Equipment does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls).
4. Transcripts; Recordings. Certain features of the Services may allow Customer or End Users to record or transcribe calls or other communications. Notice and consent requirements vary from jurisdiction to jurisdiction. Customer should, and should require all End Users to, consult with an attorney prior to recording or transcribing any communication as some jurisdictions require prior consent of some or all parties. Customer represents, covenants, and warrants that it will review all applicable Laws before it uses or allows use of the Services to record or transcribe any calls or other communications and will at all times comply with all applicable Laws. Customer agrees to inform all its End Users that they are obligated to comply with all Laws relating to their use of any recording or transcription feature. It is the sole responsibility of Customer and Customer’s End Users to comply (and ensure compliance) with all Laws related to recording or transcription features. Ooma disclaims all liability arising from any violation of such Laws.
5. Voice-to-Text Limitations. Some Ooma Services provide a function that allows voicemails to be converted to text. This voice-to-text conversion may not be accurate. Customer is responsible for verifying the accuracy of the conversion. Certain Services utilize human-aided conversions and, as a result, the privacy of messages and their content cannot be guaranteed. Customer hereby releases all claims against Ooma and its third-party providers with respect to the voice-to-text service.
6. Service Distinction. Ooma’s Equipment and Services are subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect Customer’s rights of redress before regulatory agencies.
7. HIPAA. The Services are not designed, intended, or recommended for use for “protected health information,” as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and similar regulations (such laws and regulations, “HIPAA”; such information, “PHI”). Customer represents and warrants that neither the Services nor any ancillary product or service that is a part thereof will be used for such purpose. OOMA SPECIFICALLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES OR THE OOMA EQUIPMENT COMPLY WITH HIPAA OR ANY OTHER SIMILAR LAW OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA OR ANY OTHER LAW.
8. Third Party Service Providers. Subject to the terms of this Agreement, the Ooma Equipment may be used with services and products from third party providers pursuant to any terms that such providers may require. Ooma has no obligation to support such services or for problems they cause. Customer has no contractual relationship with any third party provider to Ooma and is not a third party beneficiary of any such agreement. Such third party providers make no representations or warranties regarding their services or products, and shall have no legal, equitable, or other liability of any kind to you. You must comply with any terms and conditions of any third party provider, including if applicable, those located at https://www.ooma.com/teal/.
9. Reliability of Services. The Services are not error-free or 100% reliable and/or available. Proper functioning relies and is dependent on, among other things, the transmission of data through broadband internet access and cellular service, for which neither Ooma nor any wireless or data carrier is responsible. That access may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). Service Interruptions may result in the Services being unreliable or unavailable. Ooma cannot and does not guarantee that Customer will receive notifications within any given time, or at all.
10. Privacy & Security. Ooma has used commercially reasonable efforts to minimize the risk of any loss in privacy when using the Services. However, that Ooma cannot guarantee that Customer’s communications are completely secure, including those using the public internet or Third-Party Networks. It is your responsibility to protect the security of your personal information, login information, Content and unique identifiers (including associated passwords). Please refer to our Privacy Policy at https://www.ooma.com/legal/privacy-policy/ for additional information.
11. International Usage.The Ooma Equipment and Services have been designed for use in the U.S. Ooma cannot guarantee installation, performance, or use of Ooma Equipment and Service outside the U.S. If Customer installs or uses Ooma Equipment or Services outside of the U.S., Customer is solely responsible for any violation of any Laws, export laws, tax laws, tariff agreements, U.S. or foreign regulatory rules, U.S. or local laws, or violation of your internet provider’s terms of service. Customer is solely responsible for any taxes, fees, penalties, or surcharges associated with use of the Ooma Equipment and Services outside of the U.S. Ooma reserves the right to suspend Service to any non-U.S. based system at any time.
12. SIM Cards. By activating the SIM card we provide you in connection with any Ooma Service, you agree we or the applicable third-party provider own the intellectual property and software on the SIM card, that we may change the software or other data on the SIM card remotely and without notice, and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. You will comply with all terms and conditions governing your use of third-party provider software.
13. Our AirDial Service and Equipment may allow you to access Content or send Content elsewhere. We have no control over the Content that you access on your Equipment. You are solely responsible for evaluating the Content accessed by you or anyone through your Equipment or AirDial Service. Content may be (i) unreliable or inaccurate; (ii) offensive, indecent, or objectionable; and/or (iii) unsuitable for children or minors. Content from third parties may harm your Equipment or its software. We are not responsible for any Content, any damage caused by any Content that you access through your AirDial Service, or that you load onto your Ooma Equipment. Content stored on any Ooma Equipment, transmitted over third-party networks, or stored by Ooma may be deleted, modified, or damaged.
14. Data. Ooma may throttle data speeds to manage overall data usage. Overage charges may apply for excessive data use.
15. New Versions of Software.Ooma has no obligation to, but may at its sole discretion, provide updates or upgrades to its firmware, software or applications. Ooma may change the software, applications or programming of your Ooma Equipment remotely, without notice.
16. Safety or Critical Uses. Depending on your service plan, Ooma Services or Equipment may or may not be combined with interconnected VoIP. If AirDial Service is not combined with interconnected VoIP, you may not use AirDial Service to make voice telephone calls, including calls to 911. AirDial complies with the following Underwriters’ Lab standards: (i) UL 864 (control units and fire alarms); (ii) UL 2054 (battery safety); and (iii) UL 62368-1 (safety requirements for electrical and electronic equipment). Ooma makes no warranty or representation regarding compliance with any other life safety or critical use standards or requirements, nor its continued compliance with any of the foregoing. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE EQUIPMENT AND SERVICE MEETS ANY APPLICABLE REGULATORY REQUIREMENTS, INCLUDING BUT NOT LIMITED TO THOSE APPLICABLE TO FIRE PANELS. In addition, Ooma makes no warranty or representation regarding the use of Ooma Services or Equipment with any third-party products or service. CUSTOMER ACKNOWLEDGES THAT THE EQUIPMENT AND SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, CUSTOMER ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES WILL OOMA DISPATCH EMERGENCY SERVICES IN THE EVENT OF AN EMERGENCY. CUSTOMER AGREES THAT CUSTOMER WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.
17. AirDial Limitations. Ooma is not an alarm company and is not responsible for the functionality of Customer alarm and other systems connected to the AirDial Service. Ooma recommends Customer regularly test the Equipment and Services for proper operation with its alarm or monitoring provider. Although the AirDial Service may be used to support elevator lines and fire/alarm/life safety lines, limitations may apply and be encountered at certain deployment areas and service applications. Wireless devices such as Ooma AirDial depend on radio transmissions and will not function when not in range of the required radio signal. Even within the appropriate service area, the availability and quality of your Service may be affected by factors beyond our control, such as network capacity, terrain, power failures, surrounding structures, or weather.
18. Right to Change. Unless otherwise prohibited by applicable Law or as otherwise expressly modified in writing, we can change this Agreement or any other terms and conditions of your Services at any time, with or without notice. Changes may include features, prices, fees, rates, new or modified policies, and usage limits. Ooma may, without prior notice, discontinue features of the Service to you or to users generally or the Services themselves. To the extent notice is provided, it may appear on the Ooma website, on your account web page, or other form of communication. The changes will become effective and will be deemed accepted by Customer immediately upon Customer’s continued use of the Service.
19. Maintenance; Repair. Customer, at its own expense, shall maintain and repair any Ooma Equipment. Customer bears all risk of loss, damage, and theft of Ooma Equipment. If any Ooma Equipment is stolen, lost, or damaged, you must immediately notify Comcast and must pay the replacement cost plus $50. This obligation does not apply to any damage covered by the manufacturer’s warranty.
20. Remedies. If you do not timely return Ooma Equipment on the terms set forth in your Sales Quote or have defaulted in any payment obligations, you must pay the replacement cost plus $50 and/or Comcast may take possession of all or any of the Ooma Equipment on behalf of Ooma without demand, or legal process, wherever each piece of Ooma Equipment may be located, and you hereby waive any and all damages occasioned by that taking of possession.
21. Not a Sale or Fixture. You acknowledge that your monthly payments for the use of Ooma Equipment do not constitute a sale of equipment subject to a security interest under Article 9 of the UCC to secure the purchase price of the applicable Ooma Equipment. Ooma is entitled to all deductions, credits, and other tax benefits that are provided in the Internal Revenue Code of 1986, as amended, to the owner of property. You agree to not take or omit to take any action that results in the disqualification of Ooma Equipment for all or any portion of tax benefits. Each item of Ooma Equipment will remain at all times personal property and not a fixture under applicable law, even if the item of Ooma Equipment may be or becomes attached to real property or any improvements.
AirDial Acceptable Use Policy
1. You cannot use the AirDial Service: (1) with server devices or host computer applications or other systems that drive continuous, heavy traffic or data sessions or automatically consume unreasonable amounts of network capacity; (2) to continually or repeatedly dial telephone numbers associated with free conference calls, free chat lines, or similar or related services; (3) any other unauthorized, wrongful, or misappropriated use of Service (including cloning, compromised SIM algorithm, and subscription fraud) on a MSISDN or SIM assigned to you, whether or not the MSISDN or SIM is currently active; (4) using the Service without permission on a stolen or lost device; (5) installing any amplifiers, enhancers, repeaters or other devices that modify or otherwise affect the radio frequencies used to provide the Service without express permission from Ooma; (6) using the Service for monitoring of third parties without their permission, including location-based tracking of individuals; (7) using the Service to provide life-sustaining medical care or monitoring; (8) using Equipment modified from its manufacturer’s specifications; or (9) any other unintended use as we determine in our sole discretion.
2. You cannot use data services in a manner that is unlawful or unduly interferes with the use of third-party cellular data networks. The AirDial Service may not be used to disrupt e-mail use by others using automated or manual routines, including, but not limited to “auto-responders” or cancel bots or other similar routines; or for activities adversely affecting the ability of other people or systems to use either the third-party cellular data network or other parties’ Internet-based resources. You must also comply with AT&T’s acceptable use policy located at com/aup. We may limit, suspend, constrain, or terminate your AirDial Service for prolonged inactivity or for use that violates this policy or for any heavy, continuous data usage or usage that adversely impacts network performance, hinders access to networks, or that we determine at our sole discretion is necessary to protect our or third-party networks from harm or degradation.
3. You may not subscribe to AirDial Service for personal or household use or if you are eligible to participate in any Universal Service Fund program (i.e., E-Rate, Rural Health Care, or other programs).
4. You must meet one of the following requirements of an active, valid business in order to subscribe to AirDial Service: (i) have a Federal tax ID registered with the IRS (for clarity, a social security number is not considered a registered Federal tax ID for purposes herein); or (ii) be a sole proprietor listed in Dunn & Bradstreet (or similar business listing agency).
5. You agree we have the right to terminate your AirDial Service and that you me be charged applicable usage and service fees if we conclude at our sole discretion you are using such AirDial Service for a prohibited use, including but not limited to the use of AirDial Equipment for voice applications if your service plan does not provide for it. You further acknowledge that you may incur additional charges if your use of voice or data in the AirDial Service exceeds the amount provided in your service plan.
EMERGENCY 911 SERVICES
1. Description of Emergency Dialing Capabilities. Ooma E911 Service (the “E911 Service”) is a mandatory component of the Services and is only available in certain areas. Most Customers have access to either Basic 911 Service or Enhanced 911 Service, as defined below. E911 Service is different in important ways from traditional landline 911 and cellular/wireless 911, depending upon where Customer is located, and the device used.
2. How it Works. When a Customer dials 911 from a device connected to or used with the Services (a “Ooma device”), the Ooma phone number and the registered address Customer has provided to Ooma is sent to the local emergency center serving the location of your registered address to enable emergency operators to send help and to call the Customer back, if necessary (“Enhanced 911 Service”). In some areas, emergency operators have access to this information; however, in areas where only Basic 911 Service is available, the emergency operator answering the call may not be able to see your Ooma telephone number or your registered address. Customers in locations in which the emergency center is not equipped to receive the Customer’s telephone number and/or address have what is called “Basic 911 Service.” Customer should always be prepared to provide the emergency operator with Customer’s telephone number and location including with E911 Service. Until the Customer provides that information to the emergency operator, the emergency operator may not be able to dispatch help or return the Customer’s call if the call is dropped or disconnected, or if the Customer is unable to speak. As local emergency centers become capable of receiving Customer’s address and call back information, Ooma will automatically upgrade customers with Basic 911 service to Enhanced 911 Service. Ooma will not provide notice of the upgrade. Ooma does not control whether the emergency operator receives Customer’s telephone number and address.
  1. No Access to Enhanced or Basic 911 Service. Certain Customers do not have access to either Enhanced 911 Service or Basic 911 Service. In such situations, the Customer’s emergency call is sent to a national emergency call center. The emergency call center will ask the Customer for his/her name, telephone number and location and will then contact the local emergency center 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 911 network. Until Customer provides its number and location, the emergency call center may not be able to call back or dispatch help if the call is disconnected.
  2. E911 Service Fees. Customers are required to subscribe to the E911 Service and will be subject to monthly fees (the “E911 Service Fees”), which are in addition to any applicable state 911 tax based on Customer’s service address and in addition to the applicable Service Fees for the associated line(s). If the E911 Service Fees are not paid, the emergency communications district in Customer’s jurisdiction may seek to collect such amounts from Customer directly. Ooma reserves the right to adjust the E911 Service Fees.
3. Registered Location.
  1. Registered Location Required. Ooma initially assigns all extensions and Ooma devices to the physical street address on file for the Customer. Prior to activation of the Services, Customer shall: (i) register with Ooma all additional 911 locations where the Services are to be used; and (ii) assign each Ooma device to one of the registered 911 locations. In some cases, one extension may have multiple Ooma devices, and each such Ooma device needs to be assigned a 911 location. Failure to register a 911 location may result in the suspension or termination of Services. Customer may register multiple 911 locations per account and assign all active extensions and Ooma devices to such 911 locations. Individual End Users may assign and re-assign their current location(s) on an as-needed basis. Customer must ensure that the physical location(s) provided to Ooma are correct and immediately update the location(s) when Ooma device locations change. Customer must instruct each End User to notify Customer immediately each time such User changes its location. You will be liable for any charges incurred by Ooma due to your failure to provide accurate 911 locations. Customer will promptly assist Ooma in validating a 911 location address that has been rejected by the 911 provider. Ooma may terminate the account if Ooma is unable to validate a Customer’s address. Physical location(s) may not be a post office box, mail drop or similar address.
  2. Use of Service Outside United States or Canada. 911 service is available only in the 50 United States, the District of Columbia, and Canada, and is not provided in any US territory or in other international locations. Customer shall notify all users (i.e., business colleagues, employees, guests and others present at the physical location) that 911 may not be available outside the United States and Canada.
4. Service Outage
  1. Power Failure or Disruption. Emergency dialing may not function in the event of a broadband, power or ISP Service failure or disruption. If there is an interruption in the power supply, a power surge or a power failure, the Services and emergency dialing will not function until power is restored and may require Customer to reset equipment before making 911 calls.
    
    YOU ARE RESPONSIBLE FOR PROVIDING UNINTERRUPTED AC POWER AND BACKUP POWER TO THE EQUIPMENT. ANY POWER INTERRUPTION MAY RESULT IN A LOSS OF SERVICE INCLUDING 911 SERVICE.
  2. Service Suspension or Termination by Ooma. A Services outage or suspension (including, without limitation, suspension due to billing issues or delinquent or unpaid invoices) or termination of Services by Ooma will prevent ALL calls from being made through the Services, including 911 calls.
5. Backup. It is Customer’s responsibility to determine how to meet Customer’s emergency calling needs and to provide access to emergency calling services (such as maintaining a conventional landline phone or wireless phone as a backup means of completing emergency calls).
6. Automated Number Identification. Due to limitations at public-safety answering points (“PSAP(s)”), it may not be possible for the PSAP and the local emergency personnel to identify Customer’s telephone number (or the number assigned by Ooma) when Customer dials 911 to call Customer back if a call cannot be completed, is dropped or disconnected, or if a caller is unable to speak, and/or if the Services is not operational for any reason.
7. Labels. Customer agrees to notify any user or potential user of the Services of the 911 limitations described herein. Customer agrees to place a label on and/or near each telephone or other Equipment on which the Services may be utilized regarding the limitations or unavailability of 911 emergency dialing.
8. 911 Disclaimers; 911 Limitation of Liability. OOMA SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH 911 OR E911, INCLUDING WITHOUT LIMITATION FOR A) ANY LIMITATIONS DESCRIBED IN THIS SECTION; B) ANY SERVICES, POWER, OR NETWORK OUTAGE; C) FAILURES OF ANY THIRD PARTIES, INCLUDING 911 CALL CENTERS AND EMERGENCY RESPONDERS; D) DEFECTIVE OR MISCONFIGURED EQUIPMENT; E) NETWORK CONGESTION; F) THE SIMULTANEOUS USE OF ONE LINE WITH MULTIPLE PIECES OF EQUIPMENT; G) USE OF NONNATIVE PHONE NUMBERS; H) FAILURE OF EQUIPMENT TO RECEIVE CALLBACKS FROM EMERGENCY SERVICE PERSONNEL; OR I) ANY FORCE MAJEURE EVENT. IN NO EVENT SHALL OOMA BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO CUSTOMER’S (OR ANY END USERS’S) USE OF OR INABILITY TO USE E911 SERVICE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF OOMA’S LIABILITY ARE A MATERIAL TERM TO THE AGREEMENT, THAT IT WOULD NOT OTHERWISE ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS, AND THAT THESE LIMITATIONS ARE REASONABLE.
  
  BY USING THE SERVICES AND/OR OOMA EQUIPMENT, CUSTOMER ACKNOWLEDGES THE LIMITATIONS OF OOMA E911 SERVICE AS DESCRIBED IN THIS SECTION. CUSTOMER AGREES AND ACKNOWLEDGES THAT WHILE MOST OOMA SERVICES OFFER ACCESS TO E911 SERVICE, OTHERS MAY NOT. CUSTOMER ACKNOWLEDGES THAT IT HAS RECEIVED THIS E911 DISCLOSURE AND HAS READ, UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS OF THE E911 DISCLOSURE, AND ASSUMES THE RISKS ASSOCIATED WITH THE OOMA E911 SERVICE LIMITATIONS.
9. Emergency Calling Indemnification. Customer shall protect, defend, indemnify, and hold harmless Ooma and its officers, directors, employees, affiliates, contractors and agents and any other service provider that furnishes Services to Customer, from and against any and all claims, lawsuits, losses, damages, liability, fines, penalties, costs and expenses, including, without limitation, attorneys’ fees and costs, arising from or related to any absence, failure or outage of the Services, including, without limitation, emergency 911 calling and/or inability of Customer or any user of the Services, to be able to call 911 or to access emergency service personnel.
Indemnification
1. Customer’s Indemnification of Ooma.Customer agrees to defend, indemnify and hold harmless Ooma and its officers, directors, employees, affiliates, agents, assigns and any other service providers who furnish services to Ooma or Customer in connection with the use of the Ooma Equipment and Services against any Losses arising out of or related to any third-party claim alleging: (i) any act, error, omission, fault, negligence, or misconduct of Customer or any of Customer’s End Users; (ii) Customer’s breach of this Agreement; (iii) any claim by any employee or invitee of Customer or Customer’s End Users other than a claim based on the gross negligence or willful misconduct of Ooma; (iv) any damages relating to, or arising from Customer’s or Customer’s End User’s use of the Services or Equipment, including the unauthorized or unintended use of the Services or Equipment and the transmission of any messages, content, images or other information; (v) any claims for infringement of any IP Rights arising from or in connection with the Customer’s or Customer’s End User’s use of the Equipment or Services or (vi) violation of any Law by Customer or Customer’s End Users.
Limitation of Liability; Disclaimers
1. Except as expressly provided in this Agreement, the Services and Ooma Equipment are provided on an “AS IS”, as available basis. Other than as expressly provided herein, OOMA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY IP RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY LAW. Ooma does not warrant that the Services or Ooma Equipment will meet the Customer’s requirements or that the operation of the Services or Ooma Equipment will be secure, uninterrupted or error-free. Further, Ooma does not warrant that all errors in the Services or Ooma Equipment can be corrected.
2. IN NO EVENT SHALL OOMA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS, OR LOST REVENUE. UNDER NO CIRCUMSTANCES WILL OOMA BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR CUSTOMER’S OR END USER’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN. OOMA IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY FOR, RELATED TO, OR ARISING OUT OF, CUSTOMER’S FAILURE TO (A) ENTER THE CORRECT INFORMATION WHILE PROGRAMMING THE EQUIPMENT, (B) TEST THE FUNCTION AND RANGE OF THE EQUIPMENT AND SERVICES, (C) CHARGE THE EQUIPMENT, IF APPLICABLE, (D) FAILURE TO INSTALL, CONFIGURE, MAINTAIN OR OPERATE THE EQUIPMENT IN COMPLIANCE WITH APPLICABLE REGULATORY OR LEGAL REQUIREMENTS, (E) PROVIDE BACKUP POWER, INTERNET OR CELLULAR SERVICE, OR (F) UNINTENDED USE OF THE EQUIPMENT OR SERVICES AS WE DETERMINE IN OUR SOLE DISCRETION. OOMA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES RESULTING FROM FORCE MAJEURE EVENTS; LOSS OF POWER TO CUSTOMER; INSTALLATION WORK PERFORMED BY CUSTOMER OR THIRD PARTIES; OR ANY ACT OR OMISSION BY CUSTOMER OR ANY PERSON USING THE EQUIPMENT OR SERVICES PROVIDED TO CUSTOMER; EQUIPMENT, NETWORK OR FACILITY FAILURE; AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR, OR OTHER THIRD PARTY, INCLUDING BLOCKING OF PORTS BY CUSTOMER’S INTERNET SERVICE PROVIDER OR OTHER IMPEDIMENT TO THE USE OF THE EQUIPMENT OR SERVICES CAUSED BY ANY THIRD PARTY; OR ANY OTHER CAUSE THAT IS BEYOND OOMA’S REASONABLE CONTROL. OOMA’S AGGREGATE LIABILITY FOR DAMAGES HEREUNDER, INCLUDING ACTS OR OMISSIONS RELATED TO THE SERVICES OR 911 DIALING, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO OOMA. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation set forth in this Section may not apply to Customer. However, and notwithstanding the provisions of this Section, neither party will be liable for breach of contract damages that the breaching party could not reasonably have foreseen on entry into this Agreement. No action arising out of this Agreement may be brought more than one year after the cause of action has arisen.
Governing Law
This Agreement and the relationship between Ooma and Customer are governed by the laws of the state 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 this Section, such action shall only be brought in Santa Clara County, California. Customer submits to the personal and exclusive jurisdiction of the courts located within the state of California and waives any objection as to venue or inconvenient forum.
Mandatory Binding Arbitration; Waiver of Jury Trial
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM OOMA. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Santa Clara County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Customer and Ooma further agree that each may bring suit in court to enjoin a breach of confidentiality or infringement or other misuse of IP Rights. Notwithstanding anything to the contrary in the Agreement, Ooma may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged breach of confidentiality or infringement of Ooma’s or any other person or entity’s IP or proprietary Rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS OOMA AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND OOMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Export Controls
Customer will comply fully with all relevant import and export Laws, conventions, and regulations, 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, Customer expressly agrees to not export, directly or indirectly, re-export, divert, distribute, transmit, or transfer any portion of the Equipment or Services or any direct product or technical data thereof to any destination, company, or person restricted or prohibited by U.S. Export Controls. Customer further represents and warrants that Customer (or if acting on behalf of a business, the business and its officers, directors and shareholders) are not listed on any Specially Designated Nationals or other denied parties list issued by any agency of the U.S. Government.
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 Ooma’s control. Ooma is under no obligation to, and does not, review content posted, published, or broadcast through the Services for illegal or impermissible content. However, Ooma respects the copyright interests of others. Ooma does not permit materials known by it to infringe another party’s copyright to be posted, published, or otherwise broadcast through our Services. If Customer believes any of the materials infringe a copyright, Customer should provide Ooma with written notice with: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed a representative list of such works at that site; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Ooma to locate the material; (d) information reasonably sufficient to permit Ooma to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material is not authorized; and (f) 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. DMCA notices should be sent to: Ooma Legal Department, 525 Almanor Ave., Suite 200, Sunnyvale, CA 94085.
Customer expressly consents to be contacted by Ooma, its agents, representatives, affiliates, third-party providers, or anyone contacting Customer on Ooma’s behalf for any and all purposes arising out of or relating to Customer’s Services or additional Services offered by Ooma, at any telephone number, or physical or electronic address Customer provides. Ooma may contact Customer in any way, including SMS/text messages, calls using prerecorded messages or artificial voice, and emails, calls and messages delivered using an automatic emailing system, automatic telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered. An agent or representative may leave a message in your voice mail, or via text or email. Customer warrants and represents that the telephone numbers and physical and electronic addresses provided to Ooma are correct. Customer represents that it is permitted to receive calls at each of the telephone numbers it has provided. Customer will promptly alert Ooma if it stops using or changes a particular telephone number or physical or electronic address.
Ooma may listen to and/or record phone calls between Customer and Ooma representatives for training, quality monitoring, or other purposes without further notice to you.
Ooma may provide third-party providers with information related to Customer’s account, including without limitation Customer’s name, phone number, physical and electronic address, rate plan information, and other customer proprietary network information (“CPNI”) in order for such third-party providers to (i) provide certain of the Services to you, (ii) contact you with respect to the Services, including customer satisfaction surveys, (iii) investigate abuse, fraud, illegal activity, or program compliance, and (iv) alert you to offers from such third-party providers of additional services, products or offers. CPNI includes information that relates to the quantity, technical configuration, type, destination, location and amount of use of a telecommunications service, you affirmatively consent to and authorize this use of CPNI by Ooma and its third-party providers. You have the right to withhold authorization of this disclosure and use of your CPNI without affecting the provision of any service(s) to which you currently subscribe. Your CPNI authorization is effective until revoked. You may terminate CPNI authorization from Ooma at any time by contacting Ooma customer support or otherwise opt-out of this provision by contacting customer service.
Notice
Notices to Ooma, or notices to you regarding breach or termination of this Agreement, must be in writing and will be deemed to have been given if delivered personally, by confirmed email or facsimile, or on the third day after mailing by first-class, registered or certified mail, postage prepaid to the other Party at the addresses provided in the Sales Quote or otherwise designated in writing.
Amendments to the Agreement
Other than as stated in Section 7(r), this Agreement may only be modified in a writing signed by both parties.
Force Majeure
Neither party will be liable for any failure or delay in its performance under the Agreement (except for any obligations to make payments to the other party hereunder), due to any cause beyond its reasonable control, including (but not limited to), acts of nature, strikes, war, invasion, insurrection, hostilities (whether or not war is declared), riots or other civil unrest, acts or threats of terrorism, cyber-attack (hacking and DDOS), natural disasters, pandemic, epidemic, quarantine restriction or state(s) of emergency, any action(s), order, Law, regulation or restriction of any governmental or regulatory body (including, but not limited to, the denial or cancellation of any necessary license or permit, actions, embargoes or blockades), network or facility failure, shortage, upgrade, relocation or modification; or any act or omission of any underlying carrier, service provider, vendor, or other third party, including blocking of ports by your high-speed internet service provider or other impediment to the usage of the Equipment or Services caused by any third party, provided that the delayed party (a) gives the other party prompt notice of such cause and (b) uses reasonable commercial efforts to correct promptly such failure or delay in performance.
Assignment
Customer may not assign its rights or delegate its duties under the Agreement either in whole or in part without the prior written consent of Ooma. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
No Waiver
No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted. Any such waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing waiver.
Entire Agreement
This Agreement, as incorporated into one or more written amendments, and its attachments and/or addendums, any applicable terms, rates, agreements, or policies referenced herein, and the Privacy Policy represent the entire agreement between the parties hereto, and it supersedes all prior written and/or oral communications that are applicable to Ooma’s provision of Ooma Equipment and/or Services. If the terms of this Agreement and any other written agreement contradict, the terms of this Agreement shall supersede and control. This Agreement expressly excludes any additional terms that Customer may present to Ooma at any time in any form, including without limitation terms and conditions of purchase or any other document issued by Customer. Without limiting the generality of the foregoing, no additional terms contained on any Customer website, in any “click-to-agree,” “shrink-wrapped” or similar purported agreement, in any boilerplate terms printed on any purchase order or any other correspondence, will be valid. Any such additional, inconsistent and/or conflicting terms presented by Customer (even if signed or otherwise accepted by Ooma) are expressly rejected by the parties, except to the extent such term expressly states that it amends this Agreement and refers to this Section.
Severability & Interpretation
In the event any court of competent jurisdiction determines that any of the terms and conditions of this Agreement are unenforceable or invalid, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby and full force and effect shall be given to such remaining provisions. Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import.