Residential Terms of Service

Last modified: 9th January 2018

Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Disputes section below if you wish to opt out of this provision.

Welcome to Yomura Fiber

Thanks for using Yomura Fiber’s fiber and phone products, equipment and services (collectively, the “Services”). The Services are provided by Yomura Fiber Georgia, Inc., located at 3422 Old Capitol Trail # 503, Wilmington, DE 19808, United States, or one of its subsidiaries (Yomura Fiber Holdings, Inc. and its subsidiaries are collectively referred to herein as “Yomura Fiber” and sometimes “we” or “us”).

The Yomura Fiber “Terms of Service” (or just the “Terms” and sometimes “Policies”) means the terms specified herein and below.

By agreeing to the Terms, you represent that you are at least eighteen (18) years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may use the Services.

By signing up for or using the Services, you agree to these Terms.

Communicating Electronically with Yomura Fiber

We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically.

You consent to receive electronically all Communications that we may provide you in connection with your Yomura Fiber account and your use of the Services. Communications include:

  1. Agreements and policies related to the Services, including updates to those agreements and policies;
  2. Payment authorizations and transaction receipts or confirmations;
  3. Questionnaires and marketing materials relating to Yomura Fiber products and services or those of our affiliates;
  4. Account statements and history; and
  5. All other communications or documents related to or about your account, your purchases, changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services.
  6. Communications will be considered to be received by you upon delivery in any of the following manners:
    • posting them to your online account;
    • posting them on or in the Yomura Fiber website;
    • emailing them to the email address associated with your account;
    • communicating them to you via text message;
    • communicating them to you via a mobile application; or
    • otherwise communicating them to you via the Services.

To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:

  1. A computer or mobile device with Internet or mobile connectivity;
  2. A current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
  3. Software capable of opening PDF documents;
  4. Access to the valid email address you used to create your Yomura Fiber account registration; and
  5. Sufficient storage space to save Communications or a printer to print them.

By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Yomura Fiber to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.

Consent to Receive Telephone Calls and Text Messages from Yomura Fiber and Its Affiliates

On occasion, Yomura Fiber or its affiliates may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to us. These communications may be about your Yomura Fiber account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by Yomura Fiber or its affiliates. These calls or SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded or artificial voices. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages.

If you do not wish to receive these optional calls and SMS text messages, you do not have to do so. Your consent to receiving these calls and SMS text messages is not required in order to purchase or receive any Yomura Fiber Services. To revoke your consent to receive telephone calls and SMS text messages, please let us know. The easiest way is by changing your settings in your Yomura Fiber account, or by calling our customer service team at +1 302 300 4006.

Eligibility for Yomura Fiber Services

You may apply for Yomura Fiber Services online at yomurafiber.com. Although we hope to make Yomura Fiber available to as many people as possible as quickly as we can, Yomura Fiber reserves the right to determine whether any Services are made available to a particular address or other location.

If Yomura Fiber determines that the address at which you receive Services is not a residential address, Yomura Fiber may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in any fee for the Services.

Yomura Fiber Installation

You agree to provide Yomura Fiber with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Yomura Fiber may install equipment on the exterior and interior of your residence (including but not limited to laying underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You also agree that Yomura Fiber may use, and that you have the necessary permissions to approve Yomura Fiber’s use of, existing facilities, including existing wiring in and around your residence, to complete the installation services.

If you rent or otherwise do not own your residence, you represent and warrant that you are authorized by the property owner and/or manager/agent to order Yomura Fiber installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Yomura Fiber to perform installation services. If Yomura Fiber incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Yomura Fiber to install the equipment required for the Services, you are responsible for reimbursing Yomura Fiber for those costs and losses.

Acceptance of these Terms does not guarantee that Yomura Fiber will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.

Construction And Installation Fees

Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). We will only charge you if we notify you of a construction or installation fee during the online sign-up process. Yomura Fiber may allow some users to pay construction fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire construction fee, you agree to pay the outstanding construction fee balance as of the date of such change, cancellation or termination. Construction fees are subject to change.

Yomura Fiber Equipment

Yomura Fiber may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Yomura Fiber may charge you a fee for replacement equipment. Equipment fees are subject to change.

Unless explicitly stated otherwise on our website, Yomura Fiber owns all equipment provided by Yomura Fiber in connection with the Services. From time to time, Yomura Fiber may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment.

You authorize Yomura Fiber to install software upgrades on any equipment provided by Yomura Fiber. You also agree not to use the Yomura Fiber-owned equipment for any purpose other than using the authorized Services.

Using Yomura Fiber Services

You agree not to misuse the Services, which includes using the Services for purposes that violate any of the Policies contained herein, are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else. You agree not to use or allow third parties to use the Services provided to you for any of the following purposes:

  1. To use any Yomura Fiber equipment for anything other than its intended purpose.
  2. To violate or encourage the violation of the legal rights of others.
  3. For any unlawful, invasive, infringing, defamatory or fraudulent purpose.
  4. To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature.
  5. To operate servers for commercial purposes. However, personal, non-commercial use of servers that comply with this Policy is acceptable, including using virtual private networks (VPN) to access services in your home and using hardware or applications that include server capabilities for uses like multi-player gaming, video-conferencing, and home security.
  6. To generate or facilitate sending unsolicited bulk commercial email via the Services.
  7. To make the Services available to anyone outside the property to which the Services are delivered, to resell the Services directly or indirectly, except as explicitly approved by Yomura Fiber in writing, or to create substitute or related services through the use of or access to the Services (for example, to provide wi-fi services to third parties outside of your residence).
  8. To interfere with the use of the Services or the equipment used to provide the Services by customers or other authorized users.
  9. To alter, disable, interfere with, or circumvent any aspect of the Services, including but not limited to security features of the Services.

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY YOMURA FIBER AND ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM ANY CLAIM, SUIT OR ACTION ARISING FROM OR RELATED TO THE USE OF THE SERVICES OR VIOLATION OF THESE TERMS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM CLAIMS, LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES.

If you are using the Services in a residence or other location you do not own or control (such as a hospital, hotel, etc.), you might have agreements related to the Services with property owners, managers, agents or other third parties outside these Terms; Yomura Fiber is not a party to such agreements and therefore is not responsible for nor bound by such agreements.

Resale and Redistribution

The Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your residence.

Security

Yomura Fiber makes an effort to keep its network secure, but no network security is perfect. While Yomura Fiber may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Yomura Fiber is not responsible for any damages to users of the Services that may be caused by unauthorized third parties. Yomura Fiber has no control over and expressly disclaims any liability or responsibility whatsoever for (i) the content of any information transmitted or received by you through the Services, or (ii) Service interruptions attributable to your network, to failures of the your equipment, or to any other such causes. YOU UNDERSTAND AND AGEE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SECURITY, CONFIDENTIALITY AND INTEGRITY OF INFORMATION YOU TRANSMIT OR RECEIVE USING THE SERVICES.

Privacy

Yomura Fiber takes your privacy seriously. You understand and agree that information provided to and collected by Yomura Fiber in connection with the Services is subject to the Yomura Fiber Privacy Policy and the Yomura Fiber Privacy Notice. You can learn more about Yomura Fiber’s collection and use of Fiber data here: https://yomurafiber.com/legal/privacy-policy/

Billing and Payment

You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your Yomura Fiber account.

Yomura Fiber will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Yomura Fiber account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. Yomura Fiber will bill one-time charges, such as video content purchases, in the billing cycle following your authorization of such charges.

You authorize Yomura Fiber to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Yomura Fiber will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Yomura Fiber may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. You agree that Yomura Fiber is not responsible for any third party charges you may incur in connection with your Yomura Payments account, credit card or other payment method.

You may need to utilize Yomura Payments for certain payment transactions related to the Services. Your use of Yomura Payments is subject to the Yomura Payments Terms of Service and Yomura Payments Privacy Notice, which you must accept before using Yomura Payments services.

Changing and Canceling Services; Termination

You may change or cancel the Services at any time, but you may be required to pay for certain construction fees that may have been waived when you signed up for the Service. (As noted above, any construction fee would have been disclosed to you during sign-up.) You may also be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay a replacement fee.

When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes.

If you request cancellation of all your Services, your Services will be available until the cancellation date you select. With the exception of promotional rate contracts or fixed term contracts, once your service is disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your Yomura Fiber account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded to the last used payment method in your Yomura Fiber account.

Promotion rate contracts or fixed term contracts are non-refundable, the contracted services will be provided for the duration of the contracted term. In the event of early termination, there will be no credit or refund for the remaining portion of the current billing cycle.

If your Services included free or paid-for subscriptions to services other than those provided by Yomura Fiber, Yomura Fiber will stop covering the costs of those services at the time your account is terminated or suspended. It will be up to you to work with the provider of those services to determine whether you wish to continue subscribing to those services and how you will pay for them.

Yomura Fiber reserves the right to terminate some or all of the Services it provides to you at any time and for any or no reason, in its sole discretion without notice.

Commitment to Online Safety

Yomura Fiber is committed to online safety for minors, and Yomura Fiber complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org.

Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY YOMURA FIBER OR AN AGENT THEREOF, NEITHER YOMURA FIBER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY YOMURA FIBER, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON­INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND EXCEPT AS EXPRESSLY SET FORTH HEREIN EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, ORAL OR WRITTEN AND NO REPRESENTATIVE OF YOMURA FIBER IS AUTHORIZED TO GIVE ANY ADDITIONAL WARRANTY.

You expressly understand and agree that the Services may be unavailable from time to time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Yomura Fiber’s reasonable control. Temporary interruptions in the Services for such reasons, as well as all interruptions caused by you, or by force majeure events, will not constitute failures by Yomura Fiber to perform its obligations hereunder.

Yomura Fiber shall not be liable to you for any delay in or failure of performance hereunder due to causes beyond Yomura Fiber’s reasonable control, including, but not limited to, acts of God, fire, flood, earthquake, ice storms, wind storms, or other sever weather events, explosion, vandalism, cable cut, power outage, terrorist acts, insurrection, riots or other civil unrest, national or regional emergency, a governmental authority’s failure to timely act, inability to obtain equipment, material or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction, action or request of any civil or military governmental authority.

Liability for our Services

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF YOMURA FIBER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, YOMURA FIBER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

WHEN PERMITTED BY LAW, YOMURA FIBER, AND YOMURA FIBER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Issues

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices here: dmca@yomurafiber 

Businesses

If you wish to subscribe to any Services on behalf of a business, please visit Yomura Fiber for Small Business for terms and more information. Additional terms of service apply to use of the Services by a business.

Disputes

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

Arbitration. Yomura Fiber and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:

  1. claims arising under any legal theory;
  2. claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
  3. claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services);
  4. claims that may arise after the termination of your use of the Services or any agreement between us; and
  5. claims brought by or against our respective subsidiaries, parent companies (whether or not it is a parent company at the time of the dispute), members, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Yomura Fiber.

This arbitration agreement does not preclude either you or Yomura Fiber from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Yomura Fiber on your behalf.

You agree that, by entering into this agreement, we are each waiving the right to a trial in a court or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Yomura Fiber should be sent to Yomura Fiber’s agent for service of process, at the following address (“Yomura Fiber Notice Address”) with a copy by email to legal@yomurafiber:

Yomura Fiber Georgia, Inc
3422 Old Capitol Trail # 503
Wilmington, DE 19808

Yomura Fiber will send notice to you at the e-mail and mailing addresses associated with your account. Your notice to Yomura Fiber must (a) provide your full legal name, mailing address, email address, and your Yomura Fiber account number; (b) describe the dispute in detail; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within sixty (60) days after the notice is received, you or we may commence arbitration pursuant to the terms hereof. Unless we agree otherwise, your demand for arbitration should be sent to Yomura Fiber at the Yomura Fiber Notice Address above.

Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless we agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence (or principal place of business if you are a small business). If the value of your claim is Ten Thousand Dollars ($10,000.00) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds Ten Thousand Dollars ($10,000.00), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Yomura Fiber and Yomura Fiber residential subscribers. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.

Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org). To the fullest extent permitted by applicable law, each party will pay all AAA filing, administrative, and arbitrator fees for any arbitration that he/she/it commences.

No class arbitration. The arbitrator may award declaratory 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. YOU AND YOMURA FIBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

30-Day Opt-Out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS IN THIS DISPUTES SECTION, YOU MUST NOTIFY YOMURA FIBER BY COMPLETING THIS ONLINE OPT-OUT FORM WITHIN THIRTY 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (OR SUCH LONGER PERIOD AS REQUIRED BY APPLICABLE LAW).

Future changes to arbitration provision. If Yomura Fiber makes any changes to this Disputes section of these Terms (other than a change to the address at which Yomura Fiber will receive notices of dispute), you may reject any such change by completing this online change rejection form. It is not necessary to reject a future change to this arbitration provision if you had properly opted out of this arbitration provision within the first thirty (30) days after you accepted these Terms. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.

Changes To These Terms

We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services, otherwise you are deemed to have agreed to such modified terms.

Miscellaneous

Entire Agreement. These Terms (including any and all other terms and policies referenced herein) constitute the entire agreement between you and Yomura Fiber regarding the Services. These Terms supersede all prior agreements, proposals, representations, statements and understandings, whether written or oral, concerning the Services and the parties’ rights and obligations regarding the Services. Any prior representations, promises, inducements or statements of intent regarding the Services that are not expressly provided for in these Terms are of no effect, including any language on Yomura Fiber’s website(s).

Governing Law; Interpretation. These Terms and all matters arising out of these Terms shall be governed by the laws of the State of Delaware , without regard to its conflicts of laws provisions. These Terms are deemed to have been explicitly negotiated by the parties, and the language in all parts of these Terms shall, in all cases, be construed according to its fair meaning and not strictly for or against either/any of the parties. If any provision of these Terms or the application thereof to any person/entity or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of these Terms and the application of that provision to other persons/entity or circumstances shall not be affected thereby, but shall instead continue in full force and effect.

No Waiver. No failure by either party to enforce any rights under these Terms will constitute a waiver of such rights. Nor shall a waiver by either party of any particular breach or default constitute a waiver of any other breach or default or any similar future breach or default. Yomura Fiber’s acceptance of any payment under these Terms will not constitute an accord or any other form of acknowledgement or satisfaction that the amount paid is in fact the correct amount, and acceptance of a payment will not release any claim by Yomura Fiber for additional amounts due from you.

Survival. Those provisions of these Terms that by their nature, in order to be given full force and effect, must survive the termination of the Services shall so survive.

Service not available in all areas.