Arbitration Association’s official website<\/a> or by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.<\/p>If the arbitrator’s award exceeds $25,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.\u00a0\u00a0The parties may agree that arbitration will be conducted solely\u00a0on the basis of\u00a0the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.<\/p>
SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND\u00a0VIYA\u00a0ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.<\/p>
Unless\u00a0Viya\u00a0and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the\u00a0U.S. Virgin Islands.\u00a0\u00a0The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim.\u00a0\u00a0The parties agree that the arbitrator must give effect to the terms of these\u00a0Terms of Use.<\/p>
SUBSCRIBER AND\u00a0VIYA\u00a0AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING.<\/p>
Furthermore, unless both Subscriber and\u00a0Viya\u00a0agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be\u00a0null and void\u00a0and rendered of no further effect with respect to the specific claim at issue.<\/p>
Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify\u00a0Viya\u00a0in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber’s written notification to Spectrum must include Subscriber’s name, address, and\u00a0Viya\u00a0account number as well as a clear statement that Subscriber does not wish to resolve disputes with\u00a0Viya\u00a0through arbitration. Subscriber’s decision to opt out of this arbitration provision will have no adverse effect on Subscriber’s relationship with\u00a0Viya\u00a0or the delivery of Services to Subscriber by\u00a0Viya.<\/p>
Severability. If any clause within these arbitration provisions\u00a0is found\u00a0to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.<\/span><\/p>NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.<\/p>
For purposes of the foregoing sentence only, in the event such waiver\u00a0is found\u00a0to be unenforceable, it shall be severed from these\u00a0Terms of Use, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.<\/p>
EXCLUSIONS. SUBSCRIBER AND\u00a0VIYA\u00a0AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:<\/p>
(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY\u00a0VIYA\u00a0ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.<\/p>
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.<\/p>
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.<\/p>
The foregoing arbitration provisions shall survive the termination of these\u00a0Terms of Use.<\/p>
SUBSCRIBER HAS ONE YEAR TO BRING A CLAIM AGAINST\u00a0VIYA, UNLESS SUBSCRIBER OPTS OUT. Subscriber must bring any claim against\u00a0VIYA\u00a0within one (1) year after the date on which the claim arose or, unless applicable law provides\u00a0that\u00a0the normal statute of limitations for that claim may not be shortened by agreement. If Subscriber does not bring a claim within this period, Subscriber waives,\u00a0to the fullest extent\u00a0permitted by law, all rights Subscriber has to such claim and\u00a0Viya\u00a0will have no liability with respect to such claim.<\/p>
Subscriber may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, Subscriber must notify\u00a0Viya\u00a0in writing by sending a letter to\u00a0Viya\u00a0addressed to\u00a0Counsel,\u00a0Viya,\u00a04611 Tutu Park, #200, St. Thomas, VI 00802, within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber’s written notice must include Subscriber’s name, address, and\u00a0Viya\u00a0account number as well as a clear statement that Subscriber does not wish this Section to apply.\u00a0This Section shall survive the termination of these\u00a0Terms of Use.<\/p>
YOU HEREBY IRREVOCABLY WAIVE\u00a0ANY AND ALL\u00a0RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND YOUR USE OF THE SITE.<\/p>
Entire Agreements; Changes<\/h2><\/li><\/ol> These Terms constitute the entire agreement between you and Viya regarding your use of the Site. Viya may revise these Terms at any time without notice. By continuing to use the Site, you agree to\u00a0be bound\u00a0by the then-current version of these Terms.\u202f For purposes of these Terms, the\u00a0term \u201cViya\u201d shall mean Virgin Islands Telephone Corp.; Innovative Long Distance, Inc.; VI\u00a0PowerNet\u00a0LLC; Caribbean Communications Corp.; St. Croix Cable TV, Inc.; and\u00a0Vitelcom\u00a0Cellular, Inc., as well as all affiliates that control, are controlled by, or are under common control with these entities.<\/p>
Contact Us<\/h2><\/li><\/ol> If you have any questions about these Terms, please contact us at 340-777-VIYA (8492).<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"
Home \/ Our company \/ Terms of Use Viya’s Terms of Use Please read these Terms\u00a0of Use (\u201cTerms\u201d)\u00a0carefully before\u00a0proceeding.\u00a0This is an agreement between you and Viya and by accessing this website or any services accessible through the Site (collectively\u00a0\u201cSite\u201d)\u00a0you agree to be bound by these\u00a0Terms. If you do not agree to comply with these Terms, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":30838,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"yoast_head":"\n
Terms of Use - VIYA<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n\t \n