The URL can be used to link to this page

Home My WebLink About2013-351 CONT & 2nd Addendum - US Cellular • CITY PPCOp~~H U.S. Cellular, Addendum 1 to City of Ashland Request for Proposal Proposal and Cellular Service Agreement Between U.S. Cellular® And City of AShland TJ Smith Business Sales Executive 541-324-9400 TJ.Smith@uscellular.com Chad Rosanelli Business Area Sales Manager 541-774-2963 Chad.Rosaneiii@uscellular.com CONFIDENTIAL Offer expires 06-30-2013 uscellular.com *.U.S.Ceffular TABLE OF CONTENTS Agreement Overview .............................................................................................3 Executive Summary ...............................................................................................3 U.S. Cellular® Information .....................................................................................4 Technology and Network ......................................................................................5 Summary of U.S. Cellular Features & Benefits ...................................................7 Local Service and Support ....................................................................................7 Recommended Rate Plans ..................................................................................10 Equipment Pricing ...............................................................................................11 Partner Employee Discount Program ................................................................11 Terms of Agreement &Signature Page ..............................................................12 Terms and Conditions ........................................................................................13 usceilular.com U.S. Cellular. AGREEMENT OVERVIEW United States Cellular Corporation ("U.S. Cellular") is proud to offer this Cellular Service Agreement ("Agreement") to City of Ashland with its principal place of business at Ashland Oregon. U.S. Cellular is a financially sound wireless provider that offers an advanced wireless network. U.S. Cellular will continue to seek opportunities to maintain U.S. Cellular's standing as a leader in the industry. U.S. Cellular will provide City of Ashland with cost effective rate plans, products and services based on their business needs, and unmatched customer service and support. EXECUTIVE SUMMARY City of Ashland Business Objectives Wireless communication is essential to the overall productivity of City of Ashland. During our meeting, we determined the following priortites as crucial to your business effectiveness: • Reliable Network • Specialized Service Structure • Competitive Price The U.S. Cellular) Solution • Highest network quality of any National Carrier • Local U.S. Cellular@ Business Representative, Sales Support and Retail locations • Special promotional pricing for City of Ashland uscellular.com U.S. Ceffular I.I.S. CELLULAR@ INFORMATION The Company At U.S. Cellular, we're not just in the business of connecting calls, we're in the business of connecting people. We believe pride and respect aren't just words, they're words to live by. And we believe the most important thing about your phone is the person on the other end, and we'll work harder than anyone to keep you connected to them. This is U.S. Cellular and we believe in something better. The 8,000 associates of U.S. Cellular believe it's okay for customers to expect more from their wireless carrier. Founded in 1983, the Chicago-based company serves 5.2 million customers across the country. There are more than 400 U.S. Cellular operated retail stores and 1,300 locations representing relationships with agents, dealers and non-company retailers. Additionally, U.S. Cellular provides its customers with superior support through its state-of-the-art Customer Care Centers, located in Tulsa, Okla.; Cedar Rapids, Iowa; Waukesha, Wis.; and Knoxville, Tenn\. With 2012 service revenues of $4 billion, U.S. Cellular maintains one of the industry's highest levels of customer satisfaction by emphasizing customer support, quality network coverage and comprehensive range of wireless products and services. Over the past several years, the company has received 33 awards that recognize its unique company culture, reliable network and outstanding wireless service. For the 10th reporting period in a row, we received the J.D. Power and Associates award for overall call quality in the North Central Region, which includes Illinois, Indiana, Wisconsin, Michigan and Ohio. U.S. Cellular focuses on creating a personal connection with customers that extends beyond our award-winning network and is responding to an issue that is important to communities and affects us all - children's education. We're committed to helping schools through our grassroots initiatives: Calling All Communities and Calling All Teachers. _ = _ _ - - usrellular.com U.S. Cellular. TECHNOLOGY AND NETWORK U.S. Cellularo has chosen CDMA (Code Division Multiple Access) 1XRTT and EV-DO rev. A•as the primary technology for delivering outstanding voice and data service (technology varies by market). It is one of the most secure technologies available for wireless communication in the world today. CDMA is a "spread spectrum" technology, allowing many users to occupy the same time and frequency allocations, in a given band/space. CDMA systems have been in commercial use since 1995. CDMA networks operate in the 800 and 1900 MHz frequency bands with the primary markets in North America. • Outstanding Voice and Call Quality CDMA filters out background noise, cross-talk, and interference so you can enjoy crystal-clear voice quality, greater privacy, and enhanced call quality. Qualcomm's CDMA variable rate vocoder translates voice into digital transmissions, zeroes and ones, at the highest translation rates possible (8kbps or 13kbps). This allows for crystal clear voice and also maximizes your system capacity. • Greatest Coverage for Lower Cost CDMA's spread spectrum signal provides the greatest coverage in the wireless industry, allowing networks to be built with far fewer cell sites than is possible with other wireless technologies. Fewer cell sites translate to reduced operating expenses, which results in savings to both operators and consumers. • Packet Data CDMA networks are built with standard IP packet data protocols. Other networks require costly upgrades to add new data equipment in the network and will require new data phones. Standard cdmaOne phones already have TCP/IP and PPP protocols built into them. • Mobile Broadband Implementation of EV-DO technology in nearly all markets supports faster data rates and even greater network capacity. Download speeds with an EV-DO compatible handset or internet air card can range from 600kbps - 1 mbps and upload speeds range from 400 - 500 kbps. The result is faster access to critical information. • Longer Talk Time, Longer Battery Life and Smaller Phones You can leave your phone on with CDMA. CDMA uses power control to monitor the amount of power your system and handset need at any time. CDMA handsets typically transmit at the lowest power levels in the industry, allowing for longer battery life which results in longer talk time and standby time. CDMA handsets can also incorporate smaller batteries, resulting in smaller, lighter-weight phones. Easier to carry. Easier to use. it ~`b s- ~sy - U.S. Cellular. Fewer Dropped Calls CDMA's patented "soft handoff," method of passing calls while customers travel across the network sharply reduces the risk of disruption or dropped calls. The process of soft handoff leads to fewer dropped calls as 2 or 3 cell sites are providing service for your call at any given time. Improved Security and Privacy CDMA's digitally encoded, spread spectrum transmissions resist eaves dropping. Designed with about 4.4 trillion codes, CDMA virtually eliminates cloning and other types of fraud. Greater Capacity CDMA allows the largest number of subscribers to share the same radio frequencies, helping service provider's increase their profitability. CDMA can provide more than three times the capacity of other digital platforms. Reduced Background Noise and Interference CDMA combines multiple signals and improves signal strength. This leads to the near elimination of interference and fading. Both electrical background noise (computer noise) and acoustic background noise (background conversations) are filtered out by using narrow bandwidth which corresponds to the frequency of the human voice. This keeps background noise out of your conversations. Rapid Deployment CDMA systems can be deployed and expanded faster and more cost effectively than most wire line networks. And because they require fewer cell sites, CDMA networks can be deployed faster than other types of wireless networks. Wide Product Selection CDMA is one of the two leading global wireless technologies. This enables service providers and customers to choose from a wide range of highly advanced, cost- competitive, CDMA-based products. ~ N 1 uscellular.corn US. Cellular. FEATURES & BENEFITS My Contacts Backup Download and register My Contacts Backup for free, so that if you ever need to replace a phone, you won't need to reload your contacts. Check out how easy it is to back up your contacts at uscellular.com/mycontactsbackup. Nationwide Long Distance No long distance charges when calling anyone nationwide, including calls to Puerto Rico. Call Forwarding Transfer incoming calls to any other phone number when you're not with your wireless phone. Call Waiting Stay connected with one call while answering another. Caller ID Lets you know who's calling before you answer. Three-Way Conference Calling Add a third party to your current call. Voice Mail Our Voice Mail service answers calls when you can't. International Dialing International Dialing gives you direct access to over 200 countries. Consult a U.S. Cellular@ representative or visit uscellular.com/country codes for country rates and availability. International Text Messaging Text over 100 countries from your wireless phone. There is no extra fee for the text messages you send and incoming messages are still free. Consult a U.S. Cellular® representative for country availability. Directory Assistance Call Directory Assistance by dialing 411 from your wireless phone to get the phone numbers of the people and businesses you need. You can also get additional information like movie times and locations, restaurant listings and more. In addition to the Directory Assistance charge, airtime and toll charges may apply. uscellular.[om US. Cellular. LOCAL SERVICE AND SUPPORT STRUCTURE U.S. Cellular® provides specialized Support Teams for its business and government accounts. These individuals are some of U.S. Cellular's most experienced, tenured associates whose focus is to provide personalized and professional service. Dedicated Local BSE: U.S. Cellular provides a Business Sales Executive (BSE) to business and government accounts for personal and local sales representation. These representatives work closely with customers to understand their business needs and offer services and rate plans specifically suited to those needs. Ongoing service and support will be provided by the Business Account Manager assigned to your account. T.J. Smith (541) 324 9400 TJ.Smith@UsCellular.com Dedicated Local-BAM U.S. Cellular will provide a local Business Account Manager (BAM) to assist your business account by facilitating phone training for new users, fulfilling orders, delivering or shipping equipment, answering questions regarding products and services, and other field support. David Cooper (541) 680 5450 david.cooper@uscellular.com Business to Business Billing Support: City of Ashland will also have access to a specialized Business to Business Customer Service and Billing Support Team. Business Support - 1(800)819-9373 v. Z:z uscellular.com US. Cellular RECOMMENDED RATE PLANS U.S. Cellular® offers a variety of business rate solutions designed for City of Ashland specific needs. All of U.S. Cellular's Business plans include nationwide long distance calling as well as productivity tools such as voice mail, caller ID, call waiting, call forwarding, detailed billing (at your request) and 3-way calling at no additional charge. Voice Plan Recommendation Corp Custom 3 plan includes nationwide long distance calling as well as productivity tools such as voicemail, caller ID, call waiting, call forwarding, detailed billing (at your request) and 3-way calling at no additional charge. 91 lines at $6.00/line ($7.00 - $1.00 discount) _ $546.00 per month $0.07 per minute local usage $0.30 per minute roaming Texting packages: .25 per text 250 messages at $4.95 750 messages at $9.95 Unlimited picture and texting $19.95 %i _ - - uscellular.com . US. Cellular. EQUIPMENT/HANDSET PRICING City of Ashland will receive discounted equipment pricing that U.S. Cellular° will offer with a two- year service contract. The discounted pricing listed below applies to all new activations and eligible equipment upgrades." U.S. Cellular° handset offer: Model and/or Description List Price City of Ashland Samsung Chrono 2 $169.99 $0.01 Leather Case for Chrono 2 $19.99 Auto Charger $24.99 All handsets include a color screen, battery, wall charger and ear bud. U.S. Cellular reserves the right to substitute comparable models due to manufacturer's availability. "Lines of service on which the phone handset was purchased at least 22 months previously are eligible for upgrade at the discounted prices listed above. : 5qng.4 3'j = uscellular.com U.S. Cellular. TERMS OF AGREEMENT Under this Agreement, all lines will be under contract for a period of twenty-four months from the date of U.S. Cellular's execution of this Agreement. The Terms and Conditions of this Agreement, attached hereto and made a part of this Agreement as Exhibit A, shall control the provision of Service to City of Ashland. In the event of conflict or inconsistency between the terms of this Agreement and Exhibit A, the terms of this Agreement shall govern and control. • City of Ashland Activation Fees are Waived • Termination Fees - City of Ashland and U.S. Cellular agree that this is a 24 month agreement with no early termination fee. Should any line be disconnected within the 24 month contract period, City of Ashland agrees to return the cellular equipment (phone, battery, charger, ear bud, etc.) to U.S. Cellular within 30 days of disconnect. • Expiration Date of Contract: Twenty-four months from date of contract signing by U.S. Cellular. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized represe tives. UNITED STATE CEL AR CITY OF ASHLA D CORPO~ATI y e By: C ~ Name: Tj Smith Name: %f} i& i~Arj°» Title: Business Sales Executive Title c ts1 hOr yA` 02 Date: V Date: ' " 13 ed as f0 fOrrA W1 ll!~, Sees d SECOND ADDENDUM TO CITY OF ASHLAND CONTRACT FOR GOODS AND SERVICES This is the Second Addendum to City of Ashland Request for Proposal between the City of Ashland ("City") and U.S. Cellular. Recitals: A. The City of Ashland's Request for Proposal initially set forth underlying terms and conditions of the agreement of the Parties. C. U.S. Cellular provided its own Agreement including Exhibit A as a First Addendum. D. The parties desire to assure that this Agreement complies with state law in the event City funds are not available for appropriation to fund this Agreement. E. In the event of conflict or inconsistency between the terms of this Second Addendum and the U.S. Cellular Agreement which includes the First Addendum and Exhibit A, the terms of this Second Addendum shall govern and control. City and U.S. Cellular agree to the following Second Addendum: 1. Nonappropriations. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to, finance the costs of this contract. within the City's fiscal year budget. U. S. Cellular understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to U.S. Cellular, with no further liability to U.S. Cellular. 2. Except as modified above, all other terms of the City of Ashland Request for Proposal, the U.S. Cellular Agreement and First Addendum including Exhibit A shall remain in full force and effect. U.S. CELLULAR: CI YY-OF~ _ BY OSta/t BY Department He d Its / Date DATE/1 ~0(l Purchase Order # Acct. No.: (For City purposes only) 1- CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR GOODS AND SERVICES U.S. Cellular. EXHIBIT A TERMS AND CONDITIONS OF AGREEMENT These are the Terms and Conditions for Service between the customer ("you") and United States Cellular Corporation on behalf of its operating licensed affiliates doing business as U.S. Cellular in your Home Market, as defined below ("U.S. Cellular", "we" or "us"). "Service" refers to the telecommunication services/programs, including voice and data services, you purchase from U.S. Cellular. Your "Agreement" includes (1) these Terms and Conditions, (2) the Service Agreement ("Service Agreement") on which you applied for Service, (3) the terms and conditions (typically, but not exclusively, included in the applicable brochure or literature) applicable to each Service, and (4) if you purchase data services, the additional terms posted at www.uscellular.com/termsandconditions. Eligibility You are eligible for Service only if you or your employer has a billing address within U.S. Cellular's licensed market area. If you meet the eligibility requirement only through your employment address, you may only be eligible for certain rate plans. All accounts you have with us must be kept in good standing in order to be eligible for Service. If any account is not in good standing, all accounts are subject to suspension and/or termination. Term/Termination/Early Termination Fee This Agreement is effective on the day we activate your Service and continues until terminated in a manner as provided below. You may terminate Service at any time by notifying U.S. Cellular. Termination by you shall be effective immediately unless you request a later termination date. A request to port your number is a request by you to terminate Service immediately. Your monthly recurring Services and the applicable charges for those monthly recurring Services shall be prorated to coincide with the termination date. Depending on the amount of Service that you have used during the month of termination, such a proration may result in you incurring overage charges. U.S. Cellular may terminate or suspend your Service at any time without notice if you fail to perform any obligations of this Agreement including the restrictions and obligations set forth in the paragraphs regarding "Use of Service" and "Payment and Due Date." Additionally, U.S. Cellular may terminate this Agreement at any time without notice if we cease to provide Service in your Home Market. Upon termination for any reason, you are responsible for the payment of all charges. If your Service is reinstated, you may be charged a reactivation fee. 2 uscellular.com U.S. Cellular. Use of Service At least 50% of your monthly voice usage must be used in U.S. Cellular's licensed markets. No more than 200 MB of your data usage in any month may be used in U.S. Cellular's non-licensed markets. Service is furnished for your use only; you may not resell Service to third parties. You may not use the Service for any unlawful, improper, harassing or abusive purpose or in such a way that interferes with U.S. Cellular's network, business operations, employees or customers. U.S. Cellular may, in its sole discretion, block access to certain categories of numbers (e.g., 976, 900 and international designations) Payment and Due Date You are responsible for payment of all charges on your bill, including but not limited to telecommunications-related charges (such as monthly access, airtime, roaming, toll, long distance, directory assistance, application charges and data network usage); charges for other discretionary goods and services (such as ringtones, graphics, games and other on-line content) regulatory cost recovery charges (such as Universal Service Fund, Enhanced 911 and Wireless Number Portability); surcharges; and taxes. Regulatory cost recovery fees, surcharges, and taxes are subject to change without notice. Payments are late if not received by U.S. Cellular by the due date shown on the monthly bill. We may charge a late fee of up to $5.00 for each late payment or 1.5 percent a month or part thereof (18% annually or the highest rate permitted by applicable state law) for any amount not paid when due, whichever is greater. We may charge you a returned check fee for a check returned for any reason. You agree to reimburse U.S. Cellular for its costs, including reasonable attorneys' fees, collection fees and similar expenses incurred by U.S. Cellular with respect to collection of payment (except where prohibited by law). We will refund final credit balances of less than $1 only upon request. Coverage You understand that Service may be interrupted or unavailable due to atmospheric or topographical conditions, governmental regulations or orders, or system capacity limitations. Representations of coverage by U.S. Cellular or its agents are not guarantees: Lost or Stolen Phones You are responsible for all authorized charges on your phone. If you claim unauthorized charges on account of a lost or stolen phone, you must report your phone as lost or stolen immediately so that we may investigate your claim. We will investigate any claims of unauthorized charges within 30 days. You agree to cooperate with our investigation and to submit any relevant documentation that you have such as a police report or a sworn statement. You will not be required to pay any disputed charges while we usrellulaccom U.S. Cellular investigate. If we determine that the charges are unauthorized, we will credit your account. Deposits U.S. Cellular may require a deposit from you to guarantee payment of charges for Service and from time-to-time may increase the deposit based on your usage and payment history. Deposits will only be returned to you after a minimum of 11 consecutive months of satisfactory payment history. U.S. Cellular may apply deposits or payments to any charges you owe us on any account. Interest will not be paid on deposits unless required by law. Billing Practice Your monthly Service fee will be billed in advance and your usage charges not covered by your monthly Service fee will be billed in arrears. Each partial minute of airtime will be rounded up and billed as a full minute. You may be charged for calls that are not completed but ring longer than 59 seconds. For completed calls, you will be billed from the time you push the "send" button until you terminate your call by pushing the "end" button on your phone. "Application charges" include the non-recurring and/or monthly subscription fees incurred when you purchase data applications. "Data network usage charges" are the charges for transferring data (i.e., downloading applications, accessing the Internet, etc.) rendered in units of kilobytes or megabytes. Each partial kilobyte of data transferred will be rounded up and billed as a full kilobyte. Text, Picture and Video Messaging are billed per address/recipient. YOU MAY SEEK A CREDIT OR REFUND FOR ERRORS IN BILLING FOR UP TO 180 DAYS AFTER ISSUANCE TO YOU OF THE BILL ON WHICH THE ERROR IS CONTAINED BY CONTACTING U.S. CELLULAR AS PROVIDED ON YOUR BILL. YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL AND TO BRING, OR PARTICIPATE IN, ANY LEGAL ACTION RAISING SUCH DISPUTE IF YOU FAIL TO DISPUTE THE CHARGE ON YOUR BILL WITHIN 180 DAYS AFTER THE ISSUANCE OF THE BILL. WE MAY ALSO BACK BILL YOU FOR ANY ERROR THAT RESULTS IN AN UNDERBILLING TO YOU WITHIN 180 DAYS OF THE ISSUANCE OF THE BILL THAT SHOULD HAVE REFLECTED THE UNDERBILLED CHARGE. Billing Out of Area Calls. Billing for some calls made/received by you outside of the home U.S. Cellular switch to which your account is assigned at the time your service is established ("Home Market") may occur after the close of your regular billing cycle. Typically this occurs when you make/receive calls late in your billing cycle outside your Home Market such as when you are roaming on another carrier's network or are making/receiving calls on a U.S. Cellular network other than your Home Market. When this occurs, the minutes used, and associated :r. usceilular.com U.S. Cellular charges, will be applied against your monthly calling plan in the month that the usage appears on your bill rather than the month the calls actually occurred. Changes to Relationship We may amend the Agreement at any time by providing notice to you. If we make Material Changes to the Agreement that you do not agree with, you may cancel your Agreement without incurring an ETF, if applicable, by notifying us within 30 days after notice to you of the change. "Material Changes" shall be only those changes that result in an increase to the rates that we charge you for services under your Price Plan as specified in your Service Agreement. Changes to charges permitted to be collected by any governmental authority (such as for the Universal Service Fund) or which pass through the expense of taxes imposed on the.Service or which relate to other Services for which you are under no term commitment as well as other non-monetary changes to the Terms and Conditions shall not constitute Material Changes to this Agreement. If you use the Service after the 30-day period, you agree to be bound by any Material Changes. Privacy/Acceptable Use/Copyright U.S. Cellular strives to protect the privacy and intellectual property rights of our customers. We may collect, process and share personal information about you or your account consistent with our privacy policy, available at www.uscellular.com, without further specific notice to you. You can also view U.S. Cellular's acceptable use and copyright policies at www.uscellular.com. Credit Information You authorize consumer reporting agencies to periodically furnish U.S. Cellular with your consumer report. You authorize U.S. Cellular to periodically disclose your account information and payment history to consumer reporting agencies. Limits of Liability U.S. CELLULAR'S LIABILITY REGARDING YOUR USE OF THE SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES OR EQUIPMENT DURING THE AFFECTED PERIOD. THIS MEANS U.S. CELLULAR IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEYS' FEES. Disclaimer of Warranties U.S. CELLULAR MAKES NO WARRANTY REGARDING THE SERVICES, EQUIPMENT AND SOFTWARE AND DISCLAIMS ANY IMPLIED WARRANTY, VE. U.S. Cellular. INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY STATE LAW. U.S. CELLULAR IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. U.S. CELLULAR DOES NOT MANUFACTURE EQUIPMENT OR SOFTWARE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER UNLESS AND ONLY TO THE EXTENT THAT APPLICABLE STATE LAW IMPOSES WARRANTY OBLIGATIONS ON U.S. CELLULAR. Assignment U.S. Cellular may assign this Agreement without notice to you. You may assign this Agreement only with U.S. Cellular's consent. Entire Agreement This Agreement is the entire agreement between you and U.S. Cellular. This Agreement supersedes any inconsistent or additional promises made to you by any employee or agent of U.S. Cellular. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY PURSUANT TO THE WIRELESS INDUSTRY ARBITRATION RULES AS MODIFIED BY THIS AGREEMENT AND AS ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS' FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY t4 ' v r - _ usreliular.rom U.S. Cellular. I OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. U.S. CELLULAR EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS SERVICE AGREEMENT. FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG. Directory Information U.S. Cellular does not publish directories of our customers' phone numbers nor do we provide our customers' phone numbers to third parties for publication in directories. No Waiver; Severability U.S. Cellular's failure to enforce any right or remedy available under this Agreement is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force. Errors We reserve the right to correct any errors or omissions in the Agreement. ustellular.com