Westcom Broadband, Inc.
Customer Service Agreement

About This Document

This document is your Terms of Service Agreement (“Agreement”). It is an agreement made between you and Westcom Broadband, Inc. ("Westcom"), explaining the rights and responsibilities of Westcom and Westcom’s customers.

By ordering Internet service from Westcom and by using provided Equipment or Service, you accept the terms and conditions contained in this Agreement and agree to comply with its requirements. Westcom is also bound by this Agreement, although we have the right to update this Agreement and other policies.

We have done our best to make this document and the other Westcom policies understandable. However, sometimes it is necessary to include strict legal language.

Definitions

"Customer" or "you" ("your," "yourself") means a person, a corporation, or a legal entity who contracts to use the Westcom Service, agreeing to pay for service and installation of equipment.

"User" means you (the customer) and anyone else who uses your Westcom service and equipment.

"Service" means basic network access from your premises to the Internet and transport of data via a wireless modem as provided by Westcom.

"Equipment" means certain software and hardware (e.g. wireless modem, antenna (if necessary), power supply, electrical surge protector, mounting bracket, mast, Cat5 cable, and any other Westcom-supplied equipment) necessary to provide the Service.

"Westcom" or "we" ("us," "our") means Westcom Broadband, Inc., a Washington state corporation located on the web at http://www.westcombb.com.

“Activation” means installation of basic Equipment in a standard customer environment and commencement of service at Westcom’s data center.

Scope of This Agreement

This Agreement shall be governed by, construed under, and enforced in accordance with, the laws of the state of Washington. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement, which incorporates by reference the Westcom Broadband Acceptable Use Policy (AUP) embodies the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. Westcom may amend the terms and conditions of this Agreement by giving you thirty (30) days’ notice. This notice may be in writing or may appear online at http://www.westcombb.com. This Agreement is subject to modification by any authorized regulatory agency at any time. Westcom may assign this Agreement without limitation, but you may not assign this Agreement without Westcom’s prior written consent. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.

Your Responsibilities

You agree to purchase Internet service from Westcom, in accordance with the terms and conditions of this Agreement.

You have certain responsibilities as a party to this Agreement. Another section describes Westcom’s responsibilities.

• You acknowledge that you accept this Agreement on behalf of yourself, your users, and all persons who use the Equipment and/or the Service through your computer.
• You have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement.
• You acknowledge and agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service and/or Equipment by you or by another user of your computer.
• You agree to use your Westcom wireless broadband service from your own premises (and not to share with other premises).
• You agree to provide Westcom with accurate and complete billing information, including your legal name, address, and telephone number. If your address, phone number, name, or other billing information changes, you will notify us of the changes within 30 days or before your next billing cycle – whichever comes first.
• By ordering and paying for a Westcom account, or by using the Westcom service, you affirm that you are 18 years of age or older, or that you have parental or guardian consent to use the service.
• You agree not to operate any servers in your home such as web servers, MP3 servers, video servers and the like which would degrade the network with heavy data traffic or by allowing multiple external users to connect to your equipment over the internet unless you have prior written consent from Westcom.

What happens if you break this Agreement ("default")

If you default (break this Agreement), Westcom may temporarily suspend or permanently close some or all of your Service. Westcom alone makes this decision. Suspending or closing your service does not limit Westcom’s remedies or incur any liability to you (that is, we do not have to credit you for down time if you lose access because you defaulted). "Default" means failure on your part to comply with this Agreement. This includes getting behind on payments and breaking the provisions of this Agreement or the associated policies, but is not limited to these situations.

If you use your own equipment with Service provided by Westcom in violation of any of the provisions of this Agreement, Westcom will notify you and take such action as is necessary for the protection of the Service for use by its other customers. This may include discontinuing your Service. You will, however, still be responsible for any remaining payments remaining per this Agreement

Westcom reserves the right to charge a reconnect fee for any discontinued Service that is subsequently reconnected.

Westcom’s Responsibilities

Westcom has certain responsibilities as a party to this Agreement. Another section describes your responsibilities.

• Westcom agrees to provide you with the Service and the Equipment, providing that you comply with all of the terms and conditions of this Agreement. Westcom also agree to maintain the Equipment provided by Westcom, and repair or replace it if necessary.
• We will do our best to provide uninterrupted Internet connectivity. However, like any other Internet service provider, the Service may experience temporary slowdowns or interruptions caused by:
• Overload
• Abuse
• Equipment failure, modifications, upgrades, relocations, or repairs, and similar activities necessary for the proper operation of the Service
• Disasters (please read about "force majeure")
• Westcom will provide basic instructions on how to use the Service. These instructions appear on the Westcom website. You may also obtain technical support for the Westcom provided Equipment or Service either via phone or email as designated by your service plan. Technical support is strictly limited to Westcom provided Equipment or Service as described in the Activation section of this Agreement and does NOT include support for anything beyond the physical Internet connection ( downstream from the Westcom provided Cat5 and POE power supply dongle that plugs into your PC or network device), including but not limited to your Ethernet card, maintaining your network settings or network router, support of your PC and related software, viruses, hackers, etc . If support is needed for non-Westcom provided equipment or service, Westcom can provide support (for a fee) based on time and materials. Contact Westcom for details at support@westcombb.com.
• If Westcom wireless broadband Service cannot be made to work initially at your location because of distance, hills, trees, or any other cause, you will be refunded 100% of your money. If Westcom wireless broadband Service cannot be made to work at your location after 1 or more months of service, you will be refunded the pro-rated amount of the payment you have made to us, subject to this Agreement. You must return the equipment in good condition. Westcom has no other liability if your location proves impossible for Service.

Force Majeure (Disasters, Etc.)

Neither you nor Westcom is liable for any delay or failure in performance of any part of this Agreement caused by any event beyond your (our) control and without your (our) fault or negligence.

These events include, but are not limited to, the kinds of situations known legally as "Force Majeure." Force Majeure refers to a number of situations that could affect you and Westcom in performing your obligations:

• acts of civil or military authority
• terrorist acts
• nuclear accidents
• inability to secure transportation facilities, hardware or software products, or services of other persons
• government regulations
• riots
• strikes
• acts or omissions of transportation or common carriers
• embargoes
• insurrections
• extended power blackouts
• natural disasters
• epidemics
• fires
• severe weather conditions
• environmental disturbances
• war
• explosions
• legal and/or regulatory constraints

If a Force Majeure condition occurs, the party injured by the other party’s inability to perform has two options (detailed below). You (we) have 30 days to choose which one. If you do not inform Westcom (or vice versa) of your selection within 30 days of being notified of a Force Majeure situation, the second option goes into effect.

• You or Westcom, whichever is the injured party, may terminate the Agreement if such Force Majeure condition results in a delay or failure to perform which continues for more than 30 calendar days
• Westcom may suspend the Service for the duration of the delaying cause and buy or sell a similar service. You may deduct the time you have contracted for with some other provider from the time you contracted for with Westcom. Then, after the emergency is over, you may resume Westcom service under your original Agreement. Westcom is not liable for any costs incurred by you from using another provider.

Setting Up Your Service

Activation

The Activation fee for your service plan includes basic Equipment and labor to get your computer online. Equipment includes a wireless modem (subscriber module), an external antenna (if needed), a mounting bracket for the wireless modem, a mast, a power supply, a surge protector (if needed), and up to 50’ of Cat5 cable. Installation includes mounting the bracket, hardware and wireless modem on your building, running up to 50’ of Cat5 cable on the exterior of your building to a location where you would like the cable to come into your building, the drilling of a hole (up to 10” thick), taking the cable through the hole and into the room on the other side of the hole that was drilled and terminating the cable end to an RJ-45 data grade connector into the power supply. This power supply has a short Cat5 cable terminated with an RJ-45 data grade connector. This concludes Westcom provided Equipment or Service. This means there will need to be an available AC power outlet in the room where the Cat5 cable comes into the building. There must also be an outside electrical ground near the location of the hole where the external surge suppressor (if needed) can be mounted and grounded.

During the initial activation when service is first setup, Westcom will then connect the Cat5 to an Ethernet port on your computer and configure the network settings on your computer such that you may access the Service. Most newer computers come with an Ethernet port, however if your computer does not have one, you may install one yourself or have Westcom install it (for an additional fee). Note that after the initial activation, you will be responsible for everything downstream from the Westcom provided power supply (described in the paragraph above), including but not limited to your Ethernet card, maintaining your network settings and network router, and support of your PC and related software. If support is needed for non-Westcom provided equipment or service, Westcom can provide support (for a fee) based on time and materials. Contact Westcom for details at support@westcombb.com.

If you have a unique situation where you need more than these basic services (wireless modem must be installed in a challenging location, >50’ of CAT5 cable, setting up a router, etc), Westcom will provide a quote for these services and/or hardware.

All the Equipment remains the property of Westcom and must be returned in good working condition when Service is terminated, otherwise you will be responsible for full retail replacement costs.

Paying for Your High-Speed Broadband Internet

Price

You will pay Westcom the monthly rate and other fees and charges associated with your service plan and activation fee, including applicable sales taxes, as established by Westcom.

Westcom reserves the right to modify the rates, fees and charges at any time.

You have the right to be notified of price changes at least 30 days before the new rate takes effect.

You acknowledge that you may incur additional charges while using the Service (e.g. If you make purchases over the Internet, those transactions are between you and the seller, and have nothing to do with your relationship with Westcom).

Billing/Payment

You will be paying for Service from the 1 st of the month to the end of the month. Each month you will be billed for the following month of Service (you are being billed in advance for each month of Service). Westcom will send the monthly statement (your bill) by email or US mail on approximately the twentieth (20 th) of every month for the following month. Your payment will be due by the tenth (10 th) of the month for the month of service you are being billed. If you pay by mail, payments must be post marked by the tenth (10 th) of the month to be considered on time. If you have automatic payment setup (either credit card or a bank account), Westcom will charge your account on or after the first (1 st) of every month for the month you are being billed. For example, you will be billed on January 20 th for February service. If you pay by check, your payment is then due by the 10 th of February. If you are setup for automatic payment with a credit card, your card will be charged on or after the first of February.

Your First Bill

If you signup on or before the 20 th of the month, your first bill will include your activation fee, the pro-rated amount of service for first month and the first full pre-pay month of service. If you signup after the 20 th of the month, your first bill will include your activation fee, the pro-rated amount of service for the first month, the first full month of service and the following month’s pre-pay of service.

Activation Fee

You will be charged for your activation fee (per your service plan) on your first (1 st) monthly statement. You may pay it all the first month or make payments for up to 1 year. The minimum amount due each month is one-twelfth (1/12 th) of the activation fee. There will be an additional $3 service fee charged each month for making payments on the activation fee. There will be NO service fee if the activation fee is paid 100% the first (1 st) month.

Forms of Payment

You may pay for your Westcom Service by check, money order, cashier’s check, or a Visa / MasterCard debit or credit card. You may also have automatic payment setup (Visa / MasterCard debit or credit card). If you have automatic payment setup, Westcom's billing software will automatically charge your account on or after the first (1 st) of each month. If payment is refused, automatic payment may be cancelled and you will be notified via US mail or phone that your payment is still due. You are still under obligation to get your payment in by the tenth (10 th) of the month. If your payment is not received by the tenth 10 th of the month (as stated above), your payment will be considered late.

If your account becomes overdue, you will receive a notice by mail or email and your account may be temporarily suspended until payment is received. If you have not paid for 30 days, we reserve the right to close your Service. You will still owe Westcom for any unpaid balances per this Agreement and you are obligated to return all Equipment back to Westcom or you will be billed for the cost of the Equipment.

Westcom will charge $15 for the first month a payment is late, then $25 for each month thereafter. If your account is closed, there will be a $50 reactivation fee. A service charge of $45 will be assessed for each check that is returned to Westcom for insufficient funds. Any unpaid balance will also accrue interest at 12% per year in addition to the late fees. If the account goes to collections, you are also responsible for all collection fees and/or attorney fees in addition to the late fees and interest described above.

Westcom does not issue refunds for partial months.

Term

This Agreement becomes effective on the date in which you sign this Agreement. However billing does NOT start until your Westcom Service is installed and activated. You will not receive your first bill from Westcom until the first billing cycle which is the 20 th of every month (see “Your First Bill” above). You are bound by the terms of this Agreement for the length of your initial term. After this, the agreement will be on a month-to-month basis unless otherwise agreed upon.

Credit for down time

Although we will make every effort to maintain your Service at all times, you have the right to be credited for Service if Westcom is unable to deliver Service for more than a continuous twenty-four (24) hour period of time. In such a case, we will credit you with 1/30 of the monthly charge for each continuous twenty-four (24) hour period from the time until Service is restored.

• The 24 hours must be continuous. You cannot add up shorter periods.
• To receive credit you must notify Westcom that your service is not working the same day it is not working.
• Most types of outage do not qualify for credit. Please read the next subsection for more information.

Events that don’t qualify for credit

Most temporary service outages do not qualify for credit.

• You will not get credit for problems in the Service caused by your own or others’ negligence or willful act (except as provided above) or for problems caused by weather or disaster-like situations. Please see Force Majeure. "Willful acts" include system failures caused by viruses, "hacking," "cracking," and other forms of remote malice.
• You will not get credit for loss of connectivity caused by technicians working to modify or repair Westcom's equipment.
• You will not get credit for interruptions of service less than continuous 24 hours long.
• You will not get credit for not using your Service.

If you believe that Westcom has billed you in error, you must contact Westcom in writing, by email at billing@Westcombb.com or by calling us within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges more than 60 days old.

Deposit

At this time Westcom does not require a deposit. However, we reserve the right to collect a deposit from you as security for your performance of all of your obligations under this Agreement. Some types of accounts may always require a deposit.

Closing or Changing Your Account

To modify or close your account with Westcom, you must notify us via email, fax, or letter with your signature on the request. This is to protect you from someone else making changes to your account.

ACCOUNT EARLY CANCELLATION: If you cancel your account before the end of your term, you will be responsible for the remaining months of service.

You agree that upon termination of this Agreement:

• You will pay Westcom in full for your use of the Equipment and the Service for the term of this Agreement or until the euipment is returned to Westcom, whichever is later. You will not receive a partial refund if you terminate service or return equipment part-way through a month. If you pre-pay, you will not receive a refund.
• You will return all of the Equipment to Westcom.  Not returning the equipment in good condition is considered a default and you will be responsible for the cost of all the Equipment. YOU are responsible for removing AND returning all of the equipment to Westcom, including but not limited to: Radio, Antenna, Dish, mounting bracket, all hardware, cable, power supplies, phone box, surge protector, etc.
• At Westcom's discrection, you may hire Westcom, for a fee, to remove the equipment. This may mean coming in your house and climbing on your roof to remove equipment. We will attempt to arrange a time that is convenient for you.

Closed accounts

Your activation, setup and installation fees are non-refundable.

Computer Equipment

Your own computer equipment

You are responsible for your own equipment that you use with the Westcom service. For this Agreement to be valid, your computer must meet minimum requirements (as determined solely by Westcom). It must:

• Be technically and operationally compatible with the Service. Westcom's responsibility for your Internet connectivity stops at the downstream end of the Westcom Equipment. You are responsible for providing equipment capable of receiving and transmitting electronic data through a standard port.
• Be compliant with applicable Federal Communications Commission rules and regulations.
• Be equipped with up-to-date antivirus, spyware and firewall software on PC’s connected to the Internet through Westcom.

Home networks and Reselling Service

You may access the Internet via Westcom from secondary computers on a home network within the limits of the Acceptable Use Policy and your service plan. Your home network is not part of your Westcom Service or Equipment. By accepting this Agreement, you explicitly acknowledge that Westcom will not provide technical support for equipment or software that is not part of the Westcom Service or Equipment.

Allowing someone to connect to your home network from outside your premises and use your Westcom service is strictly prohibited. If you do this, you will be liable for service charges, activation fees and other penalties for each computer that is connecting to your home network and we may close your account.

Giving someone outside your household your Westcom email name and password is called "account sharing" and is strictly prohibited.

You may not resell Westcom Service to anyone.

Backing up your data before installation or repair

There is an extremely remote possibility that the installation, use, inspection, maintenance, repair, and removal of the Westcom Equipment may result in damage to your computer. You therefore agree to back up all existing computer files by copying them to another storage medium before installation of the Equipment. Westcom has no liability whatsoever for any damage to or loss or destruction of any of your equipment, software, files, data, or peripherals.

Equipment supplied by Westcom

Westcom agrees to maintain the Equipment in working condition for the lifetime of this Agreement. In case of Equipment failure, Westcom will troubleshoot, diagnose, repair, or replace the Equipment as soon as possible

All equipment supplied by Westcom, except for any item that you buy and pay for in full, remains the property of Westcom and must be returned when Service is terminated. You may not mortgage, sell, transfer, lease, encumber, or assign all or part of the equipment.

If you lose or break the Equipment, or turn it over to someone else as described in the previous paragraph, you must pay Westcom the full retail cost of the repair or replacement. If Westcom spends money in the effort to get the equipment back, you must also pay those costs.

You will not modify, tamper with, or move the Equipment. If you need the equipment moved, call or send a request to Westcom and Westcom will relocate the Equipment for you at a time that you and Westcom agree on.

You authorize Westcom and its employees, agents, contractors and representatives to enter your premises in order to install, maintain, inspect, repair, and remove the Equipment. Westcom agrees to try and arrange a convenient time with you for these activities.

Limitation of Liability

WESTCOM SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED BY ITS, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF WESTCOM, NOR SHALL WESTCOM BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY YOUR OR YOUR USERS’ EQUIPMENT. YOU (THE CUSTOMER) AND YOUR USERS HEREBY RELEASE WESTCOM FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. WESTCOM’S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. WESTCOM SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR (THE CUSTOMER'S) OR YOUR USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE, OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL WESTCOM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF WESTCOM FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY YOU (THE CUSTOMER) UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. WESTCOM MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY, AND ANY OTHER WARRANTY IMPLIED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, WESTCOM SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THE FOLLOWING CIRCUMSTANCES:

• Eavesdropping. Westcom uses an encryption technology to transmit data. Even so, there is a slight risk that you could be subject to "eavesdropping." This means that other parties may be able to access, monitor, and/or decode your traffic. This risk of eavesdropping exists not only over Westcom’s network, but also on the Internet and all other electronic data networks. Because of this risk, you should not send any sensitive or confidential information, such as credit card numbers or other financial information, medical information, or trade secrets, over the network except via secure technologies such as SSL (secure, encrypted web pages). Any information you send over the network is sent at your sole risk. Email is not secure unless encrypted, and sometimes not even then.
• Home Networks. Your home network is not part of your Westcom service. Any security risks associated with your wireless or wired home network are independent of the Service. Westcom has no responsibility for the security or operation of computer equipment other than the Westcom Equipment.

Westcom has a right to claim economic damages from you if you violate the Westcom Agreement or its associated policies and cause Westcom significant economic harm.

Indemnity

You and your users shall indemnify and hold harmless Westcom from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys’ fees) to third parties, relating to or arising from the use of the Service by you, your users, or others using your access, whether or not you know of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where you or your users have used, connected, or combined the Service with the products or services of others), negligence, or tortuous behavior.

Intellectual Property

Ownership of Newly Developed Systems

All past, present, and future computer programs, software, drawings, diagrams, specifications, and other materials licensed or developed by Westcom or its suppliers, in connection with delivering the Service, whether or not developed at your specific request, remain the property of Westcom.  You do not acquire sublicense or rights in these items by virtue of this Agreement or the provision of the Service.

Service Marks and Trade Names

Except as specifically set out in this Agreement, nothing in this Agreement shall grant, suggest, or imply any authority for you to use the name, trademarks, service marks, or trade names of Westcom for any purpose whatsoever without the prior written consent of Westcom. If you intend to use Westcom’s corporate or trade name, logo, trademark, or service mark in any kind of published material, you must show the proposed use to Westcom and get Westcom’s approval in writing before you publish or release the material. This requirement covers advertising, sales promotions, press releases, or other publicity matter relating to this Agreement.

Dispute Resolution

Both you and Westcom desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, you and Westcom agree to use the following alternative dispute resolution procedure as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

At a written request, you and Westcom will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. Both parties intend that business representatives who are not lawyers conduct these negotiations. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may use alternative dispute resolution procedures such as mediation to assist in the negotiations.

Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in the arbitration described below without the concurrence of all parties. Documents identified in or provided with such communications that are not prepared for purposes of the negotiations are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration.

If the negotiations do not resolve the dispute within 60 days of the initial written request, the parties shall submit the dispute to binding arbitration before a single accredited arbitrator (pursuant to the Commercial Arbitration Rules of the American Arbitration Association). You or Westcom may demand such arbitration in accordance with the procedures set out in those rules. Discovery in such arbitration shall be controlled by the arbitrator. Westcom shall select an arbitrator.

The arbitration hearing shall be commenced within 120 days of the demand for arbitration. The arbitration shall be held in King County, Washington. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

You and Westcom will each bear your own costs of these procedures. Anyone seeking discovery will reimburse the other party for the costs of production of documents, which includes search time and reproduction costs.