This agreement ("Agreement") is between Advanced Communications & Data Telecom, Inc. and ACD.net, Inc. ("ACD") and an end-user ("End User") of the Advanced Communications & Data Voice and Video Communications Service ("Advanced Communications & Data VoIP"). Any Advanced Communications & Data VoIP services or products ("Services") provided by Advanced Communications & Data to End User shall be governed by the terms and conditions herein. By activating the Services, End User acknowledges receiving, reading and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age to enter into this Agreement.

1. Terms And Conditions: The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY ACD, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON ACD. No waiver or amendment to this contract or these terms and conditions shall be binding on Advanced Communications & Data unless made in writing expressly stating that it is such a waiver or amendment and signed by a representative of ACD.
2. Term: Service is offered contracted basis outlined in your agreement. The term begins on the date that Advanced Communications & Data activates your Service and continues in whole months after the initial month. Subsequent terms of this Agreement automatically renew on a monthly basis after your contracted term without further action by you unless you give Advanced Communications & Data written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges including toll charges, plus any disconnect fees or early termination fees, all of which immediately become due and payable. The expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement or any other services in the agreement.
3. 911 & Service Requirements: 
   1. 911: Advanced Communications & Data 911 service is different from traditional 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located when using your Advanced Communications & Data service.
      
      Most of our customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911 your Advanced Communications & Data telephone number and registered address is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911 or limited E911 service, when you dial 911, local emergency operators answering the call may not see your Advanced Communications & Data telephone number or your registered address because the emergency center may not be equipped to receive, capture or retain your Advanced Communications & Data telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. As additional local emergency centers become capable of receiving our customers' information, we will automatically upgrade customers with basic 911 to E911 service. We will not notify you of the upgrade.
      
      Certain customers do not have access to either basic 911 or E911. If you don't have access to basic 911 or E911, your 911 call will be sent to the Advanced Communications & Data national emergency call center. A trained agent at the emergency call center will ask for your name, telephone number, and location, and then transfer you to the local emergency center nearest to your location. Your 911 call will also be sent to the Advanced Communications & Data national emergency call center if there is a problem validating the registered address provided by you, you are located in an area that is not covered by the landline 911 network or you use a Wi-Fi, ACD.net, softphone or some other portable device.
      
      For each phone line, you must provide a registered address where you will be using our service at the time you subscribe. Additionally, if you move your device to another location, you must update your address. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. For purposes of 911 dialing, you may register only one location at a time for each phone line. Regardless of what address you register for a portable device (e.g., WiFi, or SoftPhone), emergency calls you to make from these devices will be routed to the Advanced Communications & Data national emergency call center.
   2. Electrical Power: END-USER ACKNOWLEDGES THAT THE 911 SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER WHEN SERVICE IS TERMINATED BY SIP, OR AN IAD (INTEGRATED ACCESS DEVICE.)
   3. Internet Access: END-USER ACKNOWLEDGES THAT THE SERVICES WILL MAY NOT FUNCTION IF THERE IS AN INTERRUPTION OF END USER'S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE WHEN USED TO DELIVER SERVICE.
   4. Non-Voice Systems: END-USER ACKNOWLEDGES THAT THE SERVICES ARE NOT INITIALLY SETUP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS, FAX MACHINES, AND SATELLITE TELEVISION SYSTEMS. END USER HAS NO CLAIM AGAINST Advanced Communications & Data FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES. YOU MUST INFORM US THAT YOU WILL BE USING THIS FEATURE FOR IT TO BE ACTIVATED.
4. Equipment: To provide the Services, Advanced Communications & Data may provide Equipment to End User. All Equipment shipments are F.O.B. Advanced Communications & Data's facility. Advanced Communications & Data's liability for delivery shall cease, and title (if applicable) and all risk of loss or damage shall pass to End User upon delivery to the carrier. End-User will be provided a twelve (12) month manufacturer's warranty from the date of purchase of Equipment or Service. End-User shall be required to obtain authorization from Advanced Communications & Data to return any Equipment. Advanced Communications & Data will provide replacement Equipment only if the Equipment is deemed to be defective and covered under the warranty. Advanced Communications & Data will not cover replacement for lost, stolen or modified equipment. Equipment returned by End User that is not covered under warranty may be refused by ACD, and End User will be responsible to pay return shipping charges.
5. Billing Charges & Payment: 
   1. Payment: Upon purchase of the Service, End User must provide Advanced Communications & Data with a valid credit card number from an accepted issuer (Visa, MasterCard, or Discover). End-User authorizes Advanced Communications & Data to charge the credit card number provided by End User ("Credit Card") for all charges arising from End User's use of the Services. End-User agrees to notify Advanced Communications & Data of any change to the credit card information including, but not limited to, changes in account number, expiration date or billing address. Advanced Communications & Data shall not be responsible for any charges made by the Credit Card issuer to End User's Credit Card account for exceeding the credit limit, insufficient funds or other reasons.
   2. Credit Terms: All Services provided to End User and covered by the Agreement shall at all times be subjected to credit approval or review by ACD. End-User will provide such credit information or assurance as is requested by Advanced Communications & Data at any time. ACD, in its sole discretion and judgment, may discontinue credit at any time without notice.
   3. Billing: Advanced Communications & Data will provide End User with on-line service listing for the Services and bill all charges for End User's account to the Credit Card on or about the 1st of each month. Such charges shall include activation fees, monthly service fees, shipping charges, termination fees, equipment charges, toll charges, taxes, and any other applicable charges. Monthly service fees are paid in advance of each month's service; toll charges and any other applicable charges are billed at the end of each month's service. Advanced Communications & Data reserves the right to charge the Credit Card for toll charges at any time if End User's cumulative toll charges for the current month exceed two hundred and fifty dollars ($250.00). Billing for monthly service fees commences upon receipt of the equipment for the Services, and the first month’s monthly service fee shall be prorated to take into account any partial month that may occur as the result of the date monthly service fees are initiated.
   4. Late/Non-Payment: If any charges for the Services are due but unpaid for any reason including, but not limited to, non-payment or declined Credit Card charges, Advanced Communications & Data may suspend or terminate the Services and all accrued charges shall be immediately due, plus a late fee of the lesser of 1.5% per month or the maximum allowed by law accrued from the date of invoice until payment in full is received by ACD. If charges cannot be processed to the Credit Card, End User will be given 10 days email notice prior to suspension. No suspension or termination of the Services or of this Agreement shall relieve End User from paying any amounts due hereunder and leaves End User FULLY LIABLE to Advanced Communications & Data for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by Advanced Communications & Data in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees.
   5. Taxes: Prices for the Services do not include any customs duties, sales, use, value-added, excise, federal, state, local, public utility or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides Advanced Communications & Data with an appropriate exemption certificate. If any amounts paid for the Services are refunded by ACD, applicable taxes may not be refundable.
   6. Credits: End-User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.
   7. Discounts: From time to time in its sole discretion, Advanced Communications & Data may offer promotions or discounts of activation or other fees. Any promotion or discount codes must be entered by End User upon purchase of the Services. End-User shall not be entitled to a subsequent credit for such promotions or discounts, if not requested at the time of account creation or change of service.
   8. Billing Disputes: End-User must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice or End User waives any objection.
   9. Early Termination Fee: Unless otherwise stated in a written agreement, 75% of the remaining charges in agreement term plus any waived installation fees and full retail price of non-returned equipment. This is exclusive of any other Advanced Communications & Data services. A number transfer or "Port" to a new provider does not constitute written notice. Any services transferred will be terminated and we will select the most appropriate billing plan for any remaining numbers and/or services on your account, and you will continue to be responsible for all the charges and fees associated with the remaining services, including any cancellation fees applicable to the ported number.
6. Tolls: Every call to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then-applicable toll charges that are associated with the Plan. Every call to or from Equipment using the Services that originates or terminates with a SIP service provider that is not affiliated or associated with Advanced Communications & Data will also count as PSTN minutes and be subject to the then-applicable toll charges that are associated with the Plan. Calls to a phone number outside the United States to a non-Advanced Communications & Data account or IP partner will be charged at the current rates published on the Advanced Communications & Data web site. The duration of each call is to be calculated in thirty (6) second increments and rounded up to the nearest thirty (6) second increments with a minimum call duration of thirty (30) seconds.
7. Charges for Directory Calls: Advanced Communications & Data will charge $1.25 for each call made to Advanced Communications & Data directory assistance
8. Telephone Number: Any Advanced Communications & Data number ported to another carrier which is abandoned or no longer used must be returned or snapped back to Advanced Communications & Data's control.
9. Lost, Stolen, Altered, or Broken Equipment: End-User shall not modify the Equipment in any way without the express written permission of ACD. End-User shall not use the Equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End User is responsible for all lost, stolen or broken Equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the fair retail price of equipment, plus applicable shipping costs and taxes. End Users who have existing Equipment belonging to Advanced Communications & Data shall pay Advanced Communications & Data for any such lost, stolen or broken Equipment in an amount equal to the retail price of the Equipment fewer amounts End User had previously paid specifically for said Equipment. End-User shall immediately notify Advanced Communications & Data of any lost or stolen Equipment and shall cooperate with Advanced Communications & Data in all reasonable aspects to eliminate actual or potential unauthorized use of the Equipment. At Advanced Communications & Data's sole option, failure to report lost or stolen equipment in a timely manner will cause End User to be responsible for all service fees accrued until the time that Advanced Communications & Data is informed of the loss or theft and can effect a termination of the Services.
10. Prohibited Uses: Any use of the Services or any other action that causes a disruption in the network integrity of Advanced Communications & Data or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End-User understands that neither Advanced Communications & Data nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the Services. End-User agrees that it will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the network. End-User agrees and represents that it is purchasing the Services and/or the Equipment for its own internal use only, and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission of ACD. Advanced Communications & Data's Service Plans for residential subscribers that offer unlimited minutes of local calls ("Unlimited local Plans") are for the reasonable personal residential use of End User only. Such use shall not include certain activities including, but not limited to, any auto-dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with personal, residential and reasonable business use patterns. End-User agrees to notify Advanced Communications & Data if the usage of the Unlimited local Plans changes from personal residential use. Advanced Communications & Data reserves the right to immediately terminate or modify the Services of any End User using Unlimited local Plans if Advanced Communications & Data determines, in its sole discretion, that End User is not using the Unlimited local Plans for End User's reasonable personal residential use. Any usage in excess of five thousand (5,000) minutes per month shall be presumed to be inconsistent with these restrictions and shall be subject to the conditions above. The Advanced Communications & Data Plans are limited to persons whose primary residence is within the United States.
11. Commercial Use: End-User agrees that the use of the Service and/or Equipment for activities other than reasonable personal residential use will obligate End User to pay ACD’s higher rates for business services for all periods of such use, including past periods, in which End User used the Service for commercial or governmental purposes. Advanced Communications & Data reserves the right to immediately terminate or modify the Service, if Advanced Communications & Data determines, in its sole discretion that End User's use of the Service is for non-residential or commercial use. If End User subscribes to Advanced Communications & Data Virtual Office or another Business Plan, the Service and Equipment are provided to End User as a small business user. This means that End User is not to resell or transfer the service or device to any other person for any purpose, without express written permission from Advanced Communications & Data in advance. End-User agrees that Advanced Communications & Data Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. Advanced Communications & Data reserves the right to immediately terminate or modify the Service, if Advanced Communications & Data determines, in its sole discretion, that End User's Service is being used for any of the aforementioned activities.
12. Changes to the Agreement, Services, or Plan: Advanced Communications & Data reserves the right to make changes to the terms and conditions of this Agreement, the Services and/or the Plan ("Change of Service"). In the event of a Change of Service, Advanced Communications & Data will post to the Web Site currently located at http://www.ACD.net/voip/termsandconditions.htm. Notice will be considered received by End Users and such changes will become binding to End Users, on the date the changes are posted to the Web Site (Change Date), and no additional notice will be required. Advanced Communications & Data will post all changes thirty (30) days in advance of the effective date of the change. If End User does not send Advanced Communications & Data notification of their desire to terminate this agreement or uses the Service after the Change Date, End User is deemed to have accepted and consented to the change of terms and conditions of the Service. If End User does not consent to the change of service and terminates this agreement, End User will be responsible for any sums due hereunder in addition to any applicable Termination Fee. End-User may request a Plan change at any time, subject to any applicable change of service fee and additional terms and conditions. In no case will an activation fee be credited after thirty (30) days from the initial purchase of the Services for a Plan change or cancellation. For a Plan change to a plan that requires a purchase of the Equipment, an equipment charge will apply. Advanced Communications & Data may decrease prices for the Services or Plans without providing any prior notice to End User.
13. Termination: End-User agrees to provide Advanced Communications & Data with ten (10) days notice of termination. End-User shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to ACD. In accordance with section 5.f, a termination fee may apply. Advanced Communications & Data reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End User's breach of this Agreement, End User's failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, ACD, Advanced Communications & Data's network or other End User's use of the Services. Advanced Communications & Data reserves the right to determine, at its sole discretion, what constitutes misuse of the Services and End User agrees that Advanced Communications & Data's determination is final and binding on End User. Advanced Communications & Data may require an activation fee to change or resume a terminated or suspended the account.
14. Privacy: Advanced Communications & Data utilizes the public Internet and third party networks to provide voice and video communication services. Accordingly, Advanced Communications & Data cannot guarantee the security of voice and video communications of End User. Advanced Communications & Data is committed to respecting an End User's privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User's relationship with ACD. Advanced Communications & Data will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User's prior permission is obtained, Advanced Communications & Data will only share the personal data End User provides with other Advanced Communications & Data entities and/or business partners that are acting on Advanced Communications & Data's behalf to complete the activities described herein. Such Advanced Communications & Data entities and/or national or international business partners are governed by Advanced Communications & Data's privacy policies with respect to the use of this data. Advanced Communications & Data reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Advanced Communications & Data or any company affiliated with ACD. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Advanced Communications & Data may disclose personally identifiable information.
15. Returns and Adjustments: No Equipment may be returned by End User for any reason without prior approval of ACD. All returns shall be in original packaging or equivalent. End-User shall be responsible for all costs related to shipping to Advanced Communications & Data any Equipment that is being returned. Any Equipment returned to Advanced Communications & Data without prior authorization for its return or proper packaging may be refused. In order to obtain an appropriate refund, upon cancellation End User must immediately obtain a return material authorization number from ACD, return to Advanced Communications & Data any Equipment provided hereunder, undamaged and in good working condition, in its original packaging and with its original content or otherwise will be immediately responsible for paying to Advanced Communications & Data an amount equal to the fair retail price of the equipment minus any payments End User had previously paid specifically for said Equipment.
16. Technical Support: Advanced Communications & Data provides technical support to End Users via telephone and e-mail for the Services and the Equipment provided hereunder. Support for other applications and uses is not provided or implied.
17. Breach: In the event of End User's breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse Advanced Communications & Data for all attorney, court, collection and other costs incurred by Advanced Communications & Data in the enforcement of Advanced Communications & Data's rights hereunder and Advanced Communications & Data may keep any deposits or other payments made by End User.
18. Indemnification: End-User agrees to defend, indemnify and hold ACD, its affiliates and its vendors harmless from any claims or damages relating to this Agreement.
19. Disclaimer of Consequential Damages: IN NO EVENT SHALL Advanced Communications & Data OR ITS VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE SERVICES OR PRODUCTS PROVIDED HEREUNDER WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF Advanced Communications & Data OR ITS VENDORS OR OTHERWISE.
20. Warranty and Liability Limitations: Advanced Communications & Data MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Advanced Communications & Data NOR ITS VENDORS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Advanced Communications & Data's OR END USER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF END USER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Advanced Communications & Data's OR ITS VENDORS? NEGLIGENCE. ANY CLAIM AGAINST Advanced Communications & Data MUST BE MADE WITHIN 90 DAYS OF THE EVENT OF THE CLAIM OR 90 DAYS FROM THE TERMINATION OF SERVICE, WHICHEVER IS EARLIER AND Advanced Communications & Data HAS NO LIABILITY THEREAFTER. Advanced Communications & Data's LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND. Advanced Communications & Data MAY ELECT TO PROVIDE A REFUND IN LIEU OF CREDIT, REPLACEMENT OR REPAIR. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN ACD. IN NO EVENT SHALL Advanced Communications & Data's TOTAL LIABILITY HEREUNDER EXCEED THE AMOUNTS PAID BY END USER TO Advanced Communications & Data IN THE PRIOR TWELVE (12) MONTHS FROM DATE OF CLAIM.
21. Export Compliance: End-User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End-User agrees to comply with applicable local, state and federal regulations governing the locality in which the Equipment and Services are used.
22. Web Portal Discontinuance: Upon expiration, cancellation or termination of the Services, End User shall relinquish and discontinue use of any voice mail access numbers and/or web portals assigned to End User by Advanced Communications & Data or its vendors.
23. Number Transfer After Termination: If you request a port of a telephone number(s) associated your Advanced Communications & Data service after termination, Advanced Communications & Data may, at its sole discretion, release the number(s) to your new carrier, if the number is still under Advanced Communications & Data's control.
24. Copyright, Trademark, Unauthorized Usage of Device, Software, or Firmware:  The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Advanced Communications & Data's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Advanced Communications & Data are and shall remain the exclusive property of Advanced Communications & Data and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that Advanced Communications & Data will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by ACD, which Advanced Communications & Data reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Advanced Communications & Data against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
25. Notices: Advanced Communications & Data communicates with End Users primarily via email. Notices to End User shall be sent to the email address specified by End User at the time of registration for the Services or as subsequently specified by End User ("Email Address"). End-User is responsible for notifying Advanced Communications & Data of any Email Address changes. End-User agrees that sending a message to the Email Address is the agreed-upon means of providing the notification. Email is used to communicate important information about the Services, billing, changes to the Services and other information. The information is time-sensitive in nature. It is required that End User read any email sent to the Email Address in a timely manner in order to avoid any potential interruption in the Services provided hereunder.
26. Force Majeure (Events Beyond Our Control): Advanced Communications & Data shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties of Advanced Communications & Data as may occur in spite of Advanced Communications & Data's best efforts.
27. Governing Law / Resolution of Disputes: 
    1. Mandatory Arbitration: Any dispute or claim between End User and Advanced Communications & Data arising out of or relating to the Service or Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Lansing, Michigan and shall be conducted in English. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and the Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
       
    2. Governing Law: The Agreement and the relationship between you and Advanced Communications & Data shall be governed by the laws of the State of Michigan 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 Section 26.1, End-User and Advanced Communications & Data agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Michigan, to the extent possible in Santa Clara County, and waive any objection as to venue or inconvenient forum. The failure of Advanced Communications & Data to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End-User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
       
28. Entire Agreement: The terms and conditions of this Agreement constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This agreement shall be binding upon the heirs, successors, and assigns of Advanced Communications & Data and End User.