Skip to content
thinkVoIP

Terms of Service

1. Definitions

Key terms used in this Agreement:

  • Activation — When Customer's Service becomes available for use.
  • Activation Date — Date services are installed and activated.
  • Affiliate(s) — Entities controlling, controlled by, or under common control (more than 50% voting equity).
  • Non-THINK Equipment — Equipment owned or leased by Customer.
  • Customer Site [Location] — Geographical location where services are provided.
  • E911 Disclosure — Provisions at thinkvoipservices.com/e911.
  • Renewal Service Term — Annual renewal after Initial Service Term.
  • Sales Quote — Accepted quotation incorporating these Terms.
  • Service/Services — Products provided per Sales Quote terms.
  • Software — Proprietary software owned or licensed by THINK.
  • Taxes and Fees — All jurisdiction-imposed taxes on service provision and use.
  • THINK — Think VoIP Services, LLC (a Florida limited liability company).
  • THINK Equipment — Equipment sold, leased, or provided by THINK.

2. Sales Agreement

Services described in a "Sales Quote" including price and location become binding upon execution. Customer authorizes automatic monthly payment via credit card or ACH. Additional Services may be added via addendum or change order subject to THINK acceptance. Additional Customer Sites require new Sales Quotes.

3. Terms, Conditions and Policies

These Terms incorporate all additional provisions at https://thinkvoipservices.com/terms-of-service. THINK may alter Terms prospectively with 30-day notice via email. Customer has 30 days to notify THINK of material adverse impact. If THINK cannot reach mutually agreeable resolution, Customer may terminate affected Services without liability within 30 days. Exceptions include alterations required by law, regulation, or security/operability concerns.

4. Equipment Provision and Requirements

a) Non-THINK Equipment

Customer represents ownership or right to use Non-THINK Equipment and bears full responsibility for installation, maintenance, repair, and operation. THINK suggests equipment suppliers; manufacturers are responsible for defects, Customer for compliance with supplier terms.

b) THINK Equipment

Customer shall not repair, modify, or encumber THINK Equipment. Relocation requires 10 days' notice. Equipment must be in reasonably secure location under customary, reasonable conditions. Customer bears all costs for damage or loss from misuse or improper location.

(i) THINK repairs or replaces defective THINK Equipment (new or refurbished, at THINK's discretion).

(ii) ALL EQUIPMENT SALES ARE FINAL — no returns permitted. Manufacturer warranty returns require Return Materials Authorization (RMA) and warranty claim confirmation.

(iii) Upon Service termination, Customer pays remaining amounts owed for purchased THINK Equipment and remaining lease payments. THINK may charge balance in one lump sum on final invoice.

5. THINK Provided Software

a) Non-Exclusive License

THINK grants limited, revocable, non-exclusive, non-assignable, non-transferable license for object code only, solely for Services use. License terminates upon Agreement or Service termination. Sublicensing, assignment, or transfer attempts are void.

b) Software Upgrades and Modifications

THINK may update or upgrade Software without materially, adversely altering features or functionality.

c) End User Licenses

Third-Party Software use governed by separate copyright notices and license provisions. Customer complies with all end user license agreements; licenses terminate upon Service expiration or Agreement termination.

d) Intellectual Property Protection

All Equipment, Software, materials protected by trademark, copyright, patent laws; all rights reserved. Customer grants no IP rights except expressly stated. Customer warrants ownership or secured rights for third-party devices used with Services. Customer indemnifies THINK from third-party claims from Customer's third-party device use (unless THINK's gross negligence or willful misconduct). Customer shall not violate, circumvent, reverse-engineer, decompile, disassemble, or tamper with Services security technology.

6. Service Term and Service Cancellation

a) Service Term; Notice of Cancellation

Service Term begins on Activation Date.

i. Month-to-Month Services

Termination after first full month requires written 30-day notice. Effective upon month completion.

ii. Fixed Term Services

Services auto-renew each period (equal duration) unless non-renewal written notice provided 90 days pre-expiration. Services continue through termination effective date; Terms apply through such date.

b) Early Termination Charges

i. Customer Cancellation Prior to Activation Date

Cancellation effective upon paying THINK's incurred costs plus three months projected monthly recurring and commitment charges. THINK authorized for automatic charging.

ii. Customer Cancellation After Activation Date

Customer acknowledges THINK incurs significant costs; fair, reasonable cancellation fees apply; Customer waives unreasonableness or penalty challenges.

A) Month-to-Month Customers — Pay unpaid monthly Service amounts plus two subsequent months' recurring charges as cancellation fee. One lump sum automatic charge upon cancellation.

B) Fixed Term Customers — Pay unpaid Service amounts plus remaining monthly recurring charges through Term end as cancellation fee. Within first 30 days: pay three months service (first full month invoice equivalent) plus hours-based installation and training fee (if unbilled). Within final three months: minimum two months Service payment plus current month payment. One lump sum automatic charge.

c) Discontinuation of Services

Upon termination or cancellation, Customer cannot use Services, THINK-provided phone numbers, logins, voicemail, or web services.

d) Cancellation Process

Only Account Administrators may cancel via direct THINK contact or email from designated Administrator address to help@thinkvoipservices.com. Effective upon THINK email confirmation. NO OTHER METHODS ACCEPTED.

7. Billing, Credit, and Payment

a) Billing and Payment Processing

i. Payment of Invoices

Monthly invoices due upon receipt. All fees due in advance first billing period day (except usage-based). Fees include Service Fees and non-recurring charges (activation, porting, ETF, third-party pass-through). Usage charges due in arrears first following month day. Initial equipment, setup, installation, first-month Service Fees due upon Sales Quote acceptance. Post-activation equipment payment due upon receipt. Non-payment may suspend account; Customer holds THINK harmless, waives damage claims from suspension, bears disconnection and reconnection service fees. Usage charge payment authorized via Customer's payment method each billing cycle.

(ii) Customer provides valid email, billing address, valid payment method on or before Sales Quote acceptance date. Customer updates contact information and payment method if changed or expired.

(iii) Late payments (more than 15 days past due) subject to 15% late fee or legal maximum, whichever higher.

b) Electronic Payments

Customer authorizes automatic THINK charging or debiting of supplied credit/debit card or checking account upon monthly invoice receipt or additional hardware/item posting. THINK may obtain updated account information from issuing financial institution. Customer pays denial or insufficient funds fees charged to THINK. Customer authorizes all applicable fees and charges from use, damage, Service cancellation, including remainder-of-term payments if early cancellation occurs.

c) Billing Disputes

Disputed invoices require undisputed amount payment plus email dispute notification on or before due date. THINK confirms receipt; resubmission required if no confirmation within 72 hours. THINK investigates (if timely), confirms or notifies of changes via email to:

Billing Disputes
316 SE 8th Street
Ocala, FL 34471

8. Minimum Monthly Service Commitment

a) Commitment Amount

Customer maintains minimum monthly service commitment equaling total monthly recurring charges in Sales Quote throughout Agreement term.

b) Monthly Commitment Shortfall Charge

If actual monthly charges fall below minimum commitment, THINK applies "Minimum Commitment Charge" equaling difference between minimum commitment and actual charges.

c) Application of Charges

Minimum Commitment Charge appears as separate line item, processed per billing and payment terms.

d) Commitment Adjustments

Modifications require written both-party agreement. Temporary suspensions, credits, adjustments don't reduce commitment unless specifically written-agreed.

e) Calculation Period

Based on calendar month billing cycles. Partial months prorated by service-active days.

9. Taxes and Fees

Unless Sales Quote states otherwise, prices exclude Taxes and Fees (Customer's sole responsibility). Monthly per-number fees charged (generally compliance-related, not direct regulatory charges). THINK charges recovery fees offsetting regulatory body fees (fraud protection, portability, privacy laws, associated legal fees).

10. Regulatory and Legal Changes

THINK may alter or cease Services if reasonably required complying with Applicable Laws. If adverse Service impact occurs, THINK notifies Customer (per Section 32); upon request, parties negotiate adjustments in good faith. If no 30-day agreement reached, THINK may increase charges (if applicable). Customer may terminate without ETF or early charges within 60-day notice receipt period. Failure objecting or terminating within 60 days waives objection rights; Customer pays amended Services until expiration or termination.

11. Usage of Unlimited Plans

Unlimited calling plans cover non-Toll Free U.S. and Canada calls.

12. Use of the Services

(a) Services offered and used only complying with Agreement terms and Applicable Laws. THINK absolutely discontinues Services if Customer use violates law or jeopardizes THINK, providers, or customers security or integrity.

(b) THINK may unilaterally introduce additional Services or features (often trial-based), some requiring additional fees. Terms may include automatic re-enrollment unless Customer declines.

13. Restrictions on Use by Customer

a) Reselling/Transferring Use

Customer prohibited reselling or transferring Services without THINK written permission. Customer shall not interfere with other users, services, or network equipment. Customer cannot circumvent technological access control measures.

b) Fair Use

Calling plans intended typical, reasonable business use (non-call center, telemarketing, transcription, alarm monitoring industries). Call center, telemarketing, transcription, and alarm monitoring usage not provided; Services not intended for these industries or comparable usage. Exceeding typical, reasonable usage (considering simultaneous pickups, extension usage per THINK's sole discretion) triggers THINK email notice and usage reduction opportunity or excess usage fee payment. After 14-day notice period, THINK may terminate or suspend Services as Agreement-inconsistent.

c) Prohibited Use of the Services

Customer cannot use Services violating law, regulation, third-party IP or personal rights, or tortiously (including defamation). If THINK believes contravening use, THINK may act without advance notice as reasonably deemed necessary preventing such usage. THINK provides notice and corrective action opportunity (THINK's sole discretion timeframe).

14. Network Security

Customer prohibits third-party Service use. Customer implements commercially acceptable security measures preventing fraud or misuse, including login and password protection. Customer prohibited unauthorized device use, including MAC address duplication. Customer prohibited login or password third-party transfer or sharing. Customer solely responsible fraudulent or unauthorized use (unless THINK gross negligence or willful misconduct). Customer acknowledges THINK may take necessary steps (THINK's sole discretion) ensuring network security.

15. Customer Authorizations

Customer provides THINK all permissions, consents, authorizations necessary for Site access, Service activation, maintenance, inspection, repair.

16. Non-THINK Networks

THINK uses third-party utilities for Service provision. THINK lacks third-party utility control; while using commercially reasonable connectivity and security efforts, THINK disclaims third-party utility disruption or security responsibility. Customer waives third-party action claims against THINK.

17. Technological Limitations on Features

(a) Features (e.g., message transcription) offered for convenience; errors may occur. THINK disclaims feature accuracy warranties and resulting potential or actual liability.

(b) Where available, THINK provides caller ID with name but doesn't guarantee availability or accuracy.

(c) Voicemail and recorded calls retained until 5GB storage quota reached. Oldest messages purged as new messages store.

18. Internet Speed Requirements

Customer understands and acknowledges requiring high-speed internet connection (often 30Mbps or greater) with low latency, packet loss, packet jitter for intended Services operation. THINK doesn't provide such connections, controls, or is responsible for connection quality or problems. Customer contacts internet providers for connection problems. Customer solely corrects insufficient internet quality or speed.

19. Customer Administrators

Customer designates one or more account administrators with full administrative account control (pre-initiation or later). Full control enables account changes, service modifications, additions, deletions, telephone number porting. Administrators receive all THINK Service messages and notices. Administrator designation changes ineffective until THINK confirmation.

20. Customer Service Requests

THINK makes reasonable customer support efforts. Customers report issues via 844-767-1924 or help@thinkvoipservices.com. THINK customer support calls routinely recorded and stored; Customer acknowledges, waives recording objections or claims.

21. Maintenance and Changes to Services

THINK unilaterally alters Services features and functions, fixes, updates, upgrades (with or without Customer notification), provided changes don't materially, adversely alter features or functionality. Where THINK deems necessary, THINK repairs, maintains, upgrades, updates, enhances Services and THINK Equipment with or without prior notice. THINK may provide notice where practicable.

22. THINK Third Party Marketing

THINK arranges third-party prospective-customer marketing. Upon Terms acceptance, Customer is THINK customer.

23. IP Licenses from Customer

Customer information disclosure regarding THINK service alterations and improvements necessarily includes worldwide, irrevocable, royalty-free license using (partly or wholly) disclosed information.

24. Default and Remedies

a) Default by Customer

If Customer fails payment when due or fails observing or performing material Agreement term, not curing within 30 days after email notice, THINK may: (i) terminate Agreement or Sales Quote wholly or partly; (ii) immediately suspend Services wholly or partly; and/or (iii) pursue available remedies.

b) Suspension of Services

THINK may suspend Services (wholly or partly) if: (i) Customer Service use violates Applicable Laws; (ii) Applicable Law requires suspension; (iii) Customer Service use poses security risk to Services or third parties; (iv) THINK reasonably deems suspension necessary; or (v) Customer fails payment.

c) Default by THINK

If THINK breaches material Agreement term (other than Customer-breach-subsequent non-performance), Customer may terminate applicable Sales Quote without ETF or early charges, only after THINK notice and 30-day breach-cure period from notice receipt.

25. Warranty Disclaimer

SERVICES, EQUIPMENT, SOFTWARE PROVIDED BY THINK ARE "AS IS" AND "AS AVAILABLE," UNLESS WRITTEN SPECIFICATION OTHERWISE. THINK MAKES NO WARRANTIES OR REPRESENTATIONS (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING SERVICES OPERATION OR THIRD-PARTY PRODUCT, SERVICE, OR SOFTWARE OPERABILITY COMBINATION. TO FULLEST PERMISSIBLE LAW EXTENT, THINK SPECIFICALLY DISCLAIMS EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, TITLE, PARTICULAR PURPOSE FITNESS, CUSTOMER NEEDS FITNESS, AND NON-INFRINGEMENT WARRANTIES. THINK DOESN'T WARRANT SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR THIRD-PARTY SERVICES (THINK SERVERS OR THIRD-PARTY ELECTRONIC COMMUNICATIONS INCLUDED) ARE VIRUS OR HARMFUL COMPONENT-FREE.

26. Limitation of Liability

NEITHER THINK NOR RELATED ENTITIES ARE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, REPLACEMENT COSTS, OR REVENUE, PROFIT, CONTENT, DATA, OR DATA USE LOSS, EVEN IF FORESEEABLE. THINK'S ALL-DAMAGES LIABILITY (THIS AGREEMENT RELATING TO, ARISING FROM, WHETHER LEGAL OR EQUITABLE) DOESN'T EXCEED CUSTOMER'S TOTAL AMOUNTS ACTUALLY PAID THINK UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING CLAIM-GIVING EVENT. PARTIES ACKNOWLEDGE AND ACCEPT THESE DISCLAIMER AND LIABILITY LIMITATION REASONABLENESS.

27. Indemnification

Customer agrees defending, indemnifying, harmlessly holding THINK from and against loss, damage, costs (including reasonable attorney's fees) from third-party claims arising from or relating to: (i) Customer or Service user act, error, omission, fault, negligence, or misconduct (Customer-authorized or not); (ii) Customer Agreement obligation, warranty, representation, or covenant breach; (iii) Customer customer, end user, or third-party claims relating to Services, Software, or THINK Equipment; or (iv) Customer, Customer employee, contractor, agent, or Customer customer Applicable Law violation.

28. Confidentiality

a) Confidential Information Definition

Each party ("Discloser") may disclose other party ("Recipient") confidential, proprietary information ("Confidential Information") — information appearing confidential or proprietary to reasonable person, including services, products, strategies, designs, finances, forecasts, plans, processes, systems, pricing, IP, techniques, technical data. Includes any information form (oral, written, electronic, etc.), whether specifically marked "confidential," and pre-execution disclosure.

b) Confidential Information Duties

Recipient shall: (i) protect Confidential Information from unauthorized use or disclosure (only expressly authorized), using equal-or-greater care standard as own confidential information (no less than reasonable standard); (ii) use Confidential Information only Agreement performance-necessary extent; (iii) disclose Confidential Information only to Representatives ("need-to-know" basis) bound by written agreement or employment policy maintaining Confidential Information confidentiality. Recipient promptly notifies Discloser of Confidential Information loss or unauthorized use or disclosure. Recipient liable for Representative NDA breach.

c) Exclusions

Confidential Information excludes: (i) publicly available information (without Recipient NDA breach); (ii) Recipient pre-disclosure knowledge (non-prior confidential relationship-resulting); (iii) lawfully rightfully acquired third-party information (lawfully-held, non-confidentiality-obligated); or (iv) Recipient independently developed information (without NDA violation). Additionally, Recipient may disclose Confidential Information if law, regulation, court, or governmental order requires, providing Discloser prompt written notice (law-permitting extent) and disclosing only legally-mandated Confidential Information portion.

(d) Upon Agreement termination or expiration or Disclosing Party request, Receiving Party shall (Disclosing Party option) return or destroy (destruction-certifying) all Disclosing Party Confidential Information controlled or possessed, except law or regulation-required retention copies.

29. EMERGENCY 911 SERVICES

PURSUANT TO FCC REGULATIONS, CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES RECEIVING AND READING VOIP TELEPHONE SERVICES E911 LIMITATION PROVISIONS DETAILED IN THINK E911 DISCLOSURE, AND UNDERSTANDS AND ASSUMES ASSOCIATED RISKS AND LIABILITY. THINK VOIP SERVICES E911 DISCLOSURE AVAILABLE ANYTIME AT: https://thinkvoipservices.com/e911

FURTHER FCC INFORMATION: https://www.fcc.gov/consumers/guides/voip-and-911-service

30. Local Number Portability

a) Number Transfer on Service Activation

If Customer elects transferring existing phone number(s) from another carrier, these section terms apply:

(i) THINK notifies Customer's current telephone service provider of existing phone number(s) porting to THINK, representing Customer authorization.

(ii) Customer provides all necessary information to THINK and applicable service providers. Customer acknowledges necessary information accuracy is port request completion-essential; port completion may be outside THINK's control. THINK IS NOT RESPONSIBLE FOR DELAYED OR INCOMPLETE PORTS AND WILL NOT PROVIDE CREDIT FOR DELAYS.

(iii) Customer agrees and acknowledges until porting completion, only outgoing call service available.

b) Porting Number Used for Services

THINK cooperates with third-party telephony provider valid porting requests (Customer-authorized) to third-party providers. However, THINK receipt or compliance doesn't terminate this Agreement; Customer responsible for all Service charges and fees. THINK not responsible for un-portable numbers or un-elected Customer porting, and provides no refund based on porting (or inability), and Customer waives porting-related claims. If numbers cannot port or Customer doesn't elect porting, associated Customer numbers may be released; Customer waives related claims. Customer acknowledges and agrees possible One Hundred Dollars ($100.00) per-number porting fee maximum requirement.

31. Customer Compliance with Recording Laws

Customer responsible for federal and state electronic telephone conversation recording law review and compliance, and waives third-party violation-based claims from Customer such law violation.

32. Right to Review Customer Use

Customer expressly agrees THINK permitted reviewing and monitoring Services use ensuring Agreement compliance.

33. General

a) Assignment of this Agreement

Agreement not assignable or transferable without prior other-party written consent (other party's sole discretion). Notwithstanding, either party may assign to affiliate, subsidiary, or parent company or through merger, consolidation, all-equity-interest sale or substantially-all-asset sale upon other-party notice (no consent required). Assignment (even if permitted) doesn't relieve accrued-obligation party performance.

b) Force Majeure

If control-beyond-either-party circumstances (nature forces, God acts, fire, explosion, inclement weather) temporarily render covenant or agreement performance impossible, force majeure principles apply; performance temporarily suspends during force majeure period; provided either party may terminate without penalty if 15 or more consecutive day Services non-provision. However, service-payment obligations remain unaltered.

c) Intellectual Property and Publicity Limitations

Except expressly-granted herein, neither Party granted (express, implied, or otherwise) trademarks, copyrights, service marks, logos, trade names, patents, trade secrets, or other IP license or right without prior other-party written authorization.

d) Nonexclusive Agreement

Nothing prevents either Party entering similar other-person or entity arrangements.

e) Notices

Any THINK-required notice (except billing disputes per Paragraph 7) written, delivered as:

Think VoIP Services
Attn: Legal Department
316 SE 8th St
Ocala, FL 34471

f) Electronic Transmission; Counterparts

Documents may be executed and delivered electronically; upon receipt, transmission deemed original delivery. Parties consent Agreement document email acceptance.

g) Essential Purpose

Parties agree liability limitations and warranty disclaimers survive and apply despite essential-purpose failure findings, and Customer waives Agreement provision enforceability-contesting rights through such failure.

h) Survival and Modification

Agreement terms and conditions survive expiration or other termination unless specific provision otherwise notes. Modifications or additions ineffective without writing specifying modification status and duly-authorized party signatures, unless expressly-noted herein.

i) No Relationship of the Parties

Parties acknowledge independence and nothing creates partners, agents, or joint-venturers relationships.

j) Waiver

Party failure insisting strict term adherence on any occasion doesn't constitute waiver or deprive party strict adherence right to this or other Agreement terms. Any waiver requires written party-making waiver signature.

k) Severability

Any Agreement term or provision or Sales Quote invalidity or unenforceability doesn't affect other term or provision validity or enforceability.

l) Governing Law

Florida State laws govern Agreement (without conflict-of-laws principles reference). Parties acknowledge Federal Arbitration Act ("FAA") governing arbitration provisions interpretation, validity, enforceability.

m) Entire Agreement

This Agreement (exhibits, appendices, addenda, schedules, amendments included) encompasses parties' entire agreement, superseding all prior understandings or agreements (oral or written).

n) Communications Consent

During service term, Think routinely sends clients and employees communications (phone, email, SMS, MMS) regarding support, marketing, newsletters, general communications. By agreeing to service terms herein, you authorize and accept delivery via any and all transmission methods. Authorization for Think communication continues throughout service term and thereafter until expressly revoked.

34. Dispute Resolution; Binding Arbitration

a) Written Notice

If either Party disputes (except invoice disputes per Section 7), disputing Party provides written other-party notice per notice provisions above.

b) Good Faith Efforts to Resolve the Dispute

Parties use commercially reasonable efforts resolving dispute in good faith within 30 days notice receipt. Parties precluded pursuing or commencing court or arbitration proceedings within 30 calendar days notice receipt unless extraordinary circumstances exist (preliminary injunction or temporary restraining order sought).

c) Resolution in Small Claims Court

If parties cannot resolve in-good-faith within 30 calendar days and claim falls within applicable state law dollar limits and other jurisdictional requirements, either Party may seek small claims court dispute resolution in Services-provided states.

d) Binding Arbitration

If negotiations fail resolving within 30 calendar days and/or small claims court isn't valid (dollar limits or jurisdictional defects), any controversy or claim arising from or relating to contract or breach shall be American Arbitration Association ("AAA") (adr.org website) Commercial Arbitration Rules-administered arbitration settled, with arbitrator(s)-rendered award judgment entering any jurisdiction-having court. This arbitration agreement intended broadest Applicable Law meaning. Arbitration dispute doesn't prevent either party terminating Services per Terms (including early termination penalties).

e) Disputes About This Agreement to Arbitrate

Arbitrability disputes and/or arbitration agreement scope, enforceability, validity disputes arbitrator-decided.

f) Notice for Commencing Arbitration

If dispute resolution agreement isn't reached, initiating party ("claimant") files AAA Demand for Arbitration, administrative filing fee, and parties' contract applicable arbitration agreement copy. Further procedures found at AAA website (http://www.adr.org). Neither party discloses Customer or THINK settlement offers to arbitrator until post-prevailing-party-entitlement determination arbitrator.

g) Arbitration Proceedings

Arbitration conducted papers-solely or telephonic hearing (arbitrator-requested). If claim is $20,000 or greater, AAA rules determine hearing right.

h) Arbitration Fees and Costs

Each Party responsible for all self-incurred arbitration initiation and conducting fees and costs. Parties equally split arbitrator costs and expenses. Appeal or arbitration award-challenging judicial proceeding prevailing Party recovers reasonable attorneys' fees and costs, but not underlying-arbitration-associated fees and costs.

i) Waiver of Jury Trial

EACH PARTY HEREBY IRREVOCABLY WAIVES, TO FULLEST APPLICABLE LAW-PERMITTED EXTENT, ANY TRIAL-BY-JURY RIGHT IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THIS AGREEMENT. EACH PARTY (A) CERTIFIES NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PERSON REPRESENTED (EXPRESS OR OTHERWISE) THAT SUCH OTHER PERSON WOULDN'T, LITIGATION EVENT-OCCURRING, ENFORCE FOREGOING WAIVER AND (B) ACKNOWLEDGES IT AND OTHER PARTIES INDUCED THIS AGREEMENT OR OTHER LOAN DOCUMENT ENTRY BY, AMONG OTHER THINGS, THESE MUTUAL WAIVERS AND CERTIFICATIONS.

j) Severability of Arbitration Provisions

If any dispute resolution or arbitration provision term, covenant, or condition held invalid or unenforceable in any respect under governing laws, remaining dispute resolution or arbitration provision remains valid and enforceable to fullest law-permitted extent.