Verizon 5G Labs App Terms of Use

The Verizon 5G Labs App ("App") enables you to immerse yourself in events and performances through interactive experiences, as if you were there. Before using the App, carefully read this Terms of Use ("Agreement"), which is a legal agreement between you and Verizon ("Verizon", "we", "us", or "our"), and sets forth the terms and conditions under which you agree to use and we agree to provide the App. By using the App, you accept this Agreement, which may be modified by us from time to time. If you do not agree to this Agreement, then do not use the App.

Photosensitivity Notice. Some performances have flashing lights or patterns that may trigger seizures or other symptoms for photosensitive viewers. Viewer discretion is advised.

Privacy. Accepting this Agreement means that you also agree to our Privacy Policy, available at www.verizon.com/about/privacy, which may be updated from time to time and describes the information we collect, how that information may be used and shared, and the choices you have about certain uses of information. If you do not want us to continue collecting this information, please delete the App from your device.

Charges. The App is provided free of charge. Data charges may apply when you download and use the App over a cellular network. You are responsible for all data or service charges in connection with downloading and use of the App. When using the App outside of the US, Global Data charges will apply. Visit www.vzw.com/global for more information.

Ownership, Licenses, and Restrictions. The App and the content contained therein are the property of Verizon or its licensors. The App and all content, materials, and software incorporated therein are protected by copyrights, patents, trademarks, trade secrets, and other intellectual property laws and proprietary rights. You are granted a limited personal, noncommercial, nonexclusive, non-assignable, non-sublicenseable, and revocable license to access and use the App for its intended use. You may not sell, resell, reproduce, distribute, display, perform, record, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, translate, publish, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, disassemble the App or any software that is part of the App, attempt to disable or circumvent any digital rights management mechanism or other content protection measures, or otherwise use and exploit any part of the App. All rights not expressly granted to you herein are reserved. Your use of the App must comply with all applicable laws, rules and regulations. We may revoke this license at any time without notice.

Source code for parts of the App software may be available for use, modification, and distribution under certain open source licenses. Certain App software or technical information may be licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents.

You understand and agree that Verizon has no control over third party networks, web sites or apps that you may access in the course of your use of the App. The inclusion of any linked web sites or content from the sites does not imply endorsement by Verizon of the linked site or content. In no event shall Verizon be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites, or content or apps provided by a third party. Access to any of the third party web sites or apps linked to or from the App is entirely at your own risk and is solely governed by the terms and policies applicable to third party web sites or content providers, and not these Terms. Accordingly, you should carefully review the privacy policy and terms of use of such third party web sites and content providers.

Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Verizon's brand are the property of Verizon. Verizon does not grant any branding rights to you, and you may not remove or alter any copyright, trademark, or other intellectual property notices of the App.

Termination. We may limit, suspend, terminate, or discontinue the App or any of its features or content, at any time, for any reason, without notice.

Disclaimer of Warranties. THE APP AND ANY INCLUDED SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VERIZON OR ITS LICENSORS. VERIZON AND ITS LICENSORS MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE APP WILL BE UNINTERRUPTED, VIRUS FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE APP WILL MEET YOUR EXPECTATIONS AT ALL.

Limitation of Liability. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACK UP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification. You agree to indemnify, defend and hold Verizon harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the App; (b) Your alleged or actual breach of the Agreement; (c) Your alleged or actual violation of applicable rules, laws or regulations; (d) Your negligence or willful misconduct; or (e) Your alleged or actual infringement of the intellectual property or other rights of third parties. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify, and you agree to cooperate in that defense.

Export Compliance. The App may be subject to U.S. export control laws and regulations. You represent that you are not a citizen of an embargoed or sanctioned country nor are you a prohibited or restricted end user under applicable U.S. export laws, regulations and lists. You will not use, export or allow a third party to use or export the App in any manner that would violate applicable law, including, but not limited to, applicable export control laws and regulations. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the App.

Driving Safety. We are not responsible for use of the mobile phone while driving. Safe driving is your responsibility and should always be your first priority. Use of your mobile phone or other electronic devices while driving can cause distractions, even if you are using hands free devices.

Arbitration. We hope to make you a happy customer, but if there's an issue that needs to be resolved, this section outlines what's expected of both of us.

You and Verizon both agree to resolve disputes only by arbitration or in small claims court. You understand that by this Agreement you are giving up the right to bring a claim in court or in front of a jury. While the procedures may be different, an arbitrator can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would. If the law allows for an award of attorneys' fees, an arbitrator can award them too. We also both agree that:

(1) The Federal Arbitration Act applies to this Agreement. Except for small claims court cases, any dispute that in any way relates to or arises out of this Agreement, or from any equipment, products and services you receive from us, or from any advertising for any such products or services, or from our efforts to collect amounts you may owe us for such products or services, including any disputes you have with our employees or agents, will be resolved by one or more neutral arbitrators before the American Arbitration Association ("AAA") or Better Business Bureau ("BBB"). You can also bring any issues you may have to the attention of federal, state, or local government agencies, and if the law allows, they can seek relief against us for you. This Agreement to arbitrate continues to apply even after you have stopped using the App or receiving service from Verizon.

(2) Unless you and Verizon agree otherwise, the arbitration will take place in the county of your billing address. For claims over $10,000, the AAA's consumer arbitration rules will apply. For claims of $10,000 or less, the party bringing the claim can choose either the AAA's consumer arbitration rules or the BBB's rules for binding arbitration or, alternatively, can bring an individual action in small claims court. You can get procedures, rules and fee information from the AAA (www.adr.org), the BBB (www.bbb.org) or from us. For claims of $10,000 or less, you can choose whether you'd like the arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person or by phone.

(3) This Agreement doesn't allow class for collective arbitrations even if the AAA or BBB procedures or rules would. Notwithstanding any other provision of this Agreement, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this Agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.

(4) If either of us intends to seek arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Verizon should be sent to Verizon Wireless Dispute Resolution Manager, One Verizon Way, Basking Ridge, NJ 07920. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration. We'll reimburse any filing fee that the AAA or BBB charges you for arbitration of the dispute. If you provide us with signed written notice that you cannot pay the filing fee, Verizon will pay the fee directly to the AAA or BBB. If that arbitration proceeds, we'll also pay any administrative and arbitrator fees charged later.

(5) We may, but are not obligated to, make a written settlement offer any time before the arbitration hearing. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If you don't accept the offer and the arbitrator awards you an amount of money that's more than our offer but less than $5,000, or if we don't make you an offer, and the arbitrator awards you any amount of money but less than $5,000, then we agree to pay you $5,000 instead of the amount awarded. In that case we also agree to pay any reasonable attorneys' fees and expenses, regardless of whether the law requires it for your case. If the arbitrator awards you more than $5,000, then we will pay you only that amount.

(6) An arbitration award and any judgment confirming it apply only to that specific case; it can't be used in any other case except to enforce the award itself.

(7) If for some reason the prohibition on class arbitrations set forth in subsection (3) cannot be enforced as to all or part of a dispute, then the agreement to arbitrate will not apply to that dispute or part of the dispute.

(8) If for any reason a claim proceeds in court rather than through arbitration, you and Verizon agree that there will not be a jury trial. You and Verizon unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

Applicable Law. The laws of the State of New York, excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising under this Agreement shall reside in the federal and state courts in New York County, New York.

Additional Terms Applicable to iOS Users. In the event Verizon provides you with the App via the Apple App Store, you may only use the App on iOS devices that you own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You acknowledge that: (a) Apple Inc. ("Apple") is not responsible in any way for the App, including without limitation for any maintenance or support for the App, and is not a party to this Agreement, which is between you and Verizon only; (b) Apple and its subsidiaries are, however, third party beneficiaries of this Agreement and shall have the right to enforce this Agreement against you in its capacity as a third party beneficiary to this Agreement; (c) Apple is not responsible for any claims made by you or a third party regarding the App, including intellectual property infringement claims, or your use or possession of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty, express or implied. If the App fails to conform to any warranty, you may notify Apple and Apple may, as your sole and exclusive remedy, refund the amount, if any, that you paid Apple for the App.

Updated 12/21/2021