Quantum Fiber Website User Agreement

Effective September 1, 2024

If you do not wish to be bound by this Agreement, you should not access, subscribe to, or otherwise use a Quantum Fiber Website. Quantum Fiber may modify this Agreement at any time upon posting of the modified terms at q.com/legal.

The following terms and conditions apply to your use of and access to any website or application owned or operated by Quantum Fiber or its subsidiaries, affiliates, and licensors (each, a "Quantum Fiber Website"), which are designed to tell you more about our company and its products, services, equipment, third-party-provided products and services, software, and any other services (collectively, "Quantum Fiber Products"). The terms "we" or "us" or "our" refer to Quantum Fiber, and the terms "you" or "your" refer to you, the person using or accessing the Quantum Fiber Website. The term “Quantum Fiber” is the tradename used to refer to the affiliates of Lumen Technologies, Inc. that create and maintain Quantum Fiber Websites and provide Quantum Fiber Products. Lumen Technologies, Inc does not create or maintain Quantum Fiber Websites or provide Quantum Fiber Products.

You should carefully read this Agreement. By using or accessing a Quantum Fiber Website, you agree to these terms and conditions, including all additional Quantum Fiber policies incorporated by reference and/or described below (collectively, this "Agreement"). To use a Quantum Fiber Website, you represent that you are at least 13 years old (with legal parental or guardian consent) or an adult of at least 18 years of age and fully competent to enter into this Agreement.

BELOW ARE IMPORTANT PROVISIONS IN THIS AGREEMENT THAT AFFECT YOUR RIGHTS UNDER CERTAIN CIRCUMSTANCES:

  • SECTIONS 8 AND 9 CONTAIN LIMITATIONS ON QUANTUM FIBER’S LIABILITIES AND WARRANTIES, INCLUDING LIMITATIONS ON THE DAMAGES YOU MAY RECOVER FROM QUANTUM FIBER FOR ISSUES YOU MAY ENCOUNTER FROM THE USE OF ANY CENTURYLINK WEBSITE.

  • SECTION 12 CONTAINS MANDATORY DISPUTE RESOLUTION PROCEDURES. THESE PROCEDURES LIMIT THE AMOUNT OF TIME YOU HAVE TO RAISE ANY DISPUTE WITH QUANTUM FIBER OR FILE ANY LAWSUIT AGAINST QUANTUM FIBER AND CONTAIN PRE-LAWSUIT DISPUTE RESOLUTION REQUIREMENTS THAT MUST BE MET BEFORE FILING ANY LEGAL ACTION. THESE PROCEDURES ALSO REQUIRE THAT ANY LAWSUIT OR CLAIM BE PURSUED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS OR COLLECTIVE ACTION, AND BE RESOLVED BY A JUDGE, NOT BY A JURY.

Quantum Fiber Products, like Internet and voice services, are provided to you subject to separate, specific terms and conditions for each Quantum Fiber Product (“Quantum Fiber Product Agreements”), which govern in the event of any inconsistency with this Agreement.

  1. Registration and Information Provided. On Quantum Fiber Websites, you agree to provide information which is accurate, complete, and not misleading, and update all such information to maintain its accuracy and completeness. Quantum Fiber may restrict, suspend, or terminate your access to Quantum Fiber Websites without notice, including if we determine or reasonably suspect, in our sole discretion, that you have provided inaccurate, incomplete, or deceptive information. In addition to Quantum Fiber-specific information and content related to Quantum Fiber Products, Quantum Fiber Websites contain information and services offered by or available through third parties that may not be affiliated with Quantum Fiber. Quantum Fiber is neither responsible for nor has an obligation to review, sponsor, or evaluate anything related to such third parties or content contained on any third-party website accessible from a link on a Quantum Fiber Website. Such third-party websites are provided for your convenience and accessibility of such links and websites does not imply affiliation or endorsement by Quantum Fiber of such websites and any content or services provided or described there. You may access such websites at your own risk, and should review and understand all applicable policies governing such websites.

  2. Account Security. You agree to keep confidential all passwords, user IDs, IP addresses, account identifiers, and other Quantum Fiber Website-entry materials (collectively, "Your Identifiers"), and you are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur on Quantum Fiber Websites related to Your Identifiers, your Quantum Fiber account information, credit card/debit card/account numbers, or bank or financial institution information. You agree to immediately notify Quantum Fiber if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of Your Identifiers by calling the customer service number listed on your invoice. You also agree to periodically change your passwords. You authorize Quantum Fiber to provide information about and to make changes to Your Identifiers upon the direction of any person able to provide information we deem sufficient to identify you. There is a risk that other users may attempt to access Your Identifiers on your behalf, such as through the public Internet. You acknowledge this risk as inherent to the nature of using and accessing Quantum Fiber Websites and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.

  3. Applicable Policies. You agree to comply with applicable Quantum Fiber policies, including the Quantum Fiber Acceptable Use Policy, Quantum Fiber Privacy Notice, and all Copyright Notices, all as posted to q.com/legal and incorporated by this reference, when you use Quantum Fiber Websites. If you do not agree with the terms of any of these policies, do not use Quantum Fiber Websites. Quantum Fiber Websites utilize, in whole or in part, the public Internet and third party networks to transmit information, including Your Identifiers and information related to you. You acknowledge and understand that Quantum Fiber cannot guarantee that Quantum Fiber Websites and related transmissions of information will be completely secure or without threats or breaches. Quantum Fiber may, but is not obligated to, monitor the Quantum Fiber Websites for various purposes, and Quantum Fiber and its third-party vendors may access and use information regarding your use of and performance of Quantum Fiber Websites to perform maintenance, support, and other service-quality activities.

  4. Copyrights. The content, names, images, text, programs, graphics, and other materials found or displayed on a Quantum Fiber Website (collectively, "Materials"), and any software accessed or downloaded to enable such items ("Software") are protected by applicable copyright and trademark laws and are the sole property of Quantum Fiber, its subsidiaries or affiliates, or third-party content providers with whom Quantum Fiber has a relationship. Quantum Fiber reserves all rights related to Materials and Software. Any use of Materials and Software outside or beyond your permitted use of a Quantum Fiber Website is strictly prohibited without the express written consent of Quantum Fiber. Any unauthorized use of Materials or Software which violates copyright or trademark laws may result in criminal or civil penalties. Subject to this Agreement, you are granted a limited, non-sublicensable right to access the Quantum Fiber Website, Materials, and Software for your personal, non-commercial use. However, Software may not be downloaded or otherwise exported or re-exported into any country for which the United States maintains an embargo on such exports or to any person on lists identified by the United States, including any United States agency or department which controls such exports. By downloading or using the Software and any related information or technology, you agree to these restrictions and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you believe your work has been copied and posted, stored, or transmitted to the Quantum Fiber Websites in a way that equals copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) according to the Copyright Notices posted to q.com/legal.

  5. Trademarks and Service Marks. Trademarks used or displayed on Quantum Fiber Websites are owned by Quantum Fiber or third parties with whom Quantum Fiber has a relationship and who provide products and services on or through the Quantum Fiber Websites. Quantum Fiber's trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks may not be copied, used, or modified in any form or manner. Trademarks, service marks, trade names, company name, graphics, logos, scripts, headers, icons, or other marks of any other companies or entities that appear on a Quantum Fiber Website are the property of their respective owners and such owners may not be affiliated with Quantum Fiber. You will not use any meta tags or any other hidden text using any Quantum Fiber name, trademark, or service mark.

  6. Content Provided to Quantum Fiber.
    1. Order Information. Quantum Fiber may establish and implement processes and procedures impacting orders that are placed on, through, or with the assistance of Quantum Fiber Websites, including requiring you to validate information or placing limits on the quantity, nature, or type of Quantum Fiber Products available to you. In its sole discretion, Quantum Fiber may cancel or reject orders for Quantum Fiber Products at any time.

    2. Content You Submit to Quantum Fiber. Some Quantum Fiber Websites permit you to post content, including data, photos, text, audio, video, graphics, and ideas (collectively, "User Content"). You represent and warrant that you own or have control over all rights to the User Content you provide on a Quantum Fiber Website, there is no confidentiality obligation or expectations of any kind, and such User Content does not violate the terms of this Agreement. You will indemnify Quantum Fiber for all claims resulting from the User Content you provide on a Quantum Fiber Website. You agree to provide Quantum Fiber with a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all such provided User Content, in whole or part, worldwide and/or to incorporate it in other works in any form now known or later created, and create and exercise the same rights with respect to such other works. You also permit any user of a Quantum Fiber Website to access, display, save, distribute, reproduce and prepare derivative works of such User Content. You grant Quantum Fiber the right to use your name in connection with the User Content, including the right to use your name in advertising and marketing materials. Any use by Quantum Fiber of User Content shall not require permission from you or payment to you or any other party. No compensation will be paid to you by Quantum Fiber or any third party related to any type of use, distribution, or publishing of such User Content in any way or forum. Quantum Fiber has no duty or obligation to validate, use, access, post, or distribute such User Content, and Quantum Fiber has no duty or obligation regarding confidentiality of any User Content. Quantum Fiber, in its sole discretion, may remove, refuse to use or access, or not permit others to use or access at any time without notice. You accept full responsibility and any liability for User Content you access, upload, transmit, transfer, or view by or through a Quantum Fiber Website and the Internet, and Quantum Fiber has no responsibility, accepts no liability, and does not endorse such User Content, including any statements, positions, opinions, advice, suggestions, errors, defamatory content, slander, libel, inaccuracies, obscenity, profanity, or pornography that may be contained in User Content. Quantum Fiber values any feedback you may have about a Quantum Fiber Website. However, if you send us any type of communication concerning the Quantum Fiber Website or any Quantum Fiber Product, the content of your communication will be treated as nonproprietary and nonconfidential (even if marked confidential or similar denotation) and will become Quantum Fiber property to use, reproduce, disclose, and distribute for any purpose whatsoever, without limitation to the extent permitted by applicable law and without compensation to you.

  7. Access to and Permissible Use of Quantum Fiber Websites. You agree not to use any Quantum Fiber Website for any unlawful, abusive, or fraudulent purpose, including without limitation, using a Quantum Fiber Website brand, avoids your obligation to pay for Quantum Fiber Products, constitutes a criminal offense, gives rise to a civil liability, or otherwise violates any law or regulation. Quantum Fiber will make reasonable attempts to provide uninterrupted service, but there may be instances where a Quantum Fiber Website is delayed, impaired or impossible (collectively, "Technical Issues"). Should you experience any Technical Issues, you are to promptly contact Quantum Fiber. Quantum Fiber will not be liable to you for any loss of information, blockages or delays affecting data, information, notifications, purchases, deliveries or any other aspect of a Quantum Fiber Website due to Technical Issues. You will use Quantum Fiber Websites in a manner consistent with this Agreement, and not take any of the following actions with respect to any Quantum Fiber Website or use a Quantum Fiber Website to provide, post, transmit, email, link or otherwise make available any content in a manner that:

    1. uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from a Quantum Fiber Website or otherwise monitors or copies any portion of a Quantum Fiber Website or a Quantum Fiber Product;
    2. contains software viruses, worms, time bombs, corrupted files, trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
    3. disrupts, interferes or inhibits any other user from using or enjoying a Quantum Fiber Website or other affiliated or linked websites, material, contents, products and/or services, including Quantum Fiber Products;
    4. creates a false identity for the purpose of misleading others;
    5. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
    6. uses any Quantum Fiber domain name as a pseudonymous return email address;
    7. constitutes or contains any offer for unsolicited or unauthorized advertising or offers for goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose, including junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
    8. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    9. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any content or a Quantum Fiber Website;
    10. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of a Quantum Fiber Website, use of a Quantum Fiber Websites, or access to a Quantum Fiber Website;
    11. publishes, publicly performs or displays, or distributes to any third party any content, including reproduction on any computer network or broadcast or publications media;
    12. systematically collects and uses any content including the use of any data mining, or similar data gathering and extraction methods;
    13. makes derivative uses of a Quantum Fiber Website or any content on a Quantum Fiber Website;
    14. uses, frames, or utilizes framing techniques to enclose any portion of a Quantum Fiber Website (including images found at a Quantum Fiber Website or any text or the layout/design of any page or form contained on a page);
    15. is unlawful and/or, in Quantum Fiber's sole discretion, is harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
    16. infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights, or attempts to remove any proprietary notice or labels from any content on a Quantum Fiber Website;
    17. advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
    18. is deceptive in any way, including any offers to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
    19. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
    20. contains a charity request, petitions for signatures, chain letters or letters relating to any type of scheme or program; and/or
    21. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate a Quantum Fiber Website. For purposes of this Agreement, "reverse engineering" includes the examination or analysis of a Quantum Fiber Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of a Quantum Fiber Website's underlying technology.

  8. Disclaimer of Warranties. Quantum Fiber makes no warranty, guarantee, or representation that your use of any Quantum Fiber Website will be protected from viruses, security threats, or other threats or vulnerabilities. Quantum Fiber also does not warrant that information on Quantum Fiber Websites, including information related to Quantum Fiber Products, is accurate, complete, or current. It is possible that pricing or service capabilities described for Quantum Fiber Products on Quantum Fiber Website have changed. In all such instances, Quantum Fiber will make reasonable efforts to address the error as soon as practicable. Quantum Fiber Websites and all related information, content, and supporting systems are made available to you "as is", "with all faults", and "as available" and Quantum Fiber does not warrant, in any way, the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, noninfringement, merchantability, or fitness for a particular purpose of such items. You access Quantum Fiber Websites at your own risk. You understand and agree that you are solely responsible for any damages to your computer system or loss or theft of data or information that results from your use of Quantum Fiber Websites or downloading of any material accessed from or otherwise provided through a Quantum Fiber website. Quantum Fiber does not guarantee that Quantum Fiber Websites or any of its websites will be error-free, continuously available, or free of harmful components, including, without limitation, viruses, worms, trojan horses, or other programs that are capable of disabling, damaging, interfering, altering, intercepting, or otherwise impacting or affecting a Quantum Fiber Website or any Quantum Fiber systems, network, or services, or your computer, mobile device, supporting equipment, or any other hardware, software, network, or other systems.

  9. Limitations of Liability.
    1. General. UNDER NO CIRCUMSTANCES WILL QUANTUM FIBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS, LICENSORS, SUPPLIERS AND CONTRACTORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING (EXCEPT THIS LIMITATION SHALL NOT APPLY TO A PARTY WHOSE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT CAUSED YOUR DAMAGES OR LOSS):

      1. ANY ACT OR OMISSION BY YOU OR ANOTHER PERSON OR ENTITY,
      2. ANY FAILURE OR DELAY IN MAKING QUANTUM FIBER WEBSITES AVAILABLE TO YOU FOR ANY REASON AT ANY TIME,
      3. ANY CONTENT OR INFORMATION ACCESSED WHILE YOU USE QUANTUM FIBER WEBSITES,
      4. ANY LOSS OR LACK OF PRIVACY AS TO, USE OR MISUSE OF, THEFT OF, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF ANY OF YOUR SOFTWARE, FILES, INFORMATION, OR DATA, INCLUDING YOUR IDENTIFIERS, ACCOUNT INFORMATION, AND PAYMENT INFORMATION,
      5. ANY TRANSACTION PERFORMED OR ATTEMPTED TO BE PERFORMED ON OR THROUGH A QUANTUM FIBER WEBSITE,
      6. ANY CONTENT OR INFORMATION CREATED OR ACCESSED WHILE YOU USE QUANTUM FIBER WEBSITES,
      7. ANY OTHER CAUSE OF ACTION RESULTING FROM YOUR USE OR ATTEMPTED USE OF QUANTUM FIBER WEBSITES IN ANY MANNER.

      THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), AND REGARDLESS OF WHETHER QUANTUM FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE, TO DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, LOSS OF OPPORTUNITY OR USE, LOSS OR MISUSE OF INFORMATION OR DATA, DIMINUTION IN VALUE, AND COST OF REPLACEMENT SERVICES. IN THE EVENT APPLICABLE LAWS IN CERTAIN STATES DO NOT PERMIT APPLICATION OF THIS LIMITATION OF LIABILITY OR LIMIT ITS APPLICABILITY, YOU AGREE THE AGGREGATE LIABILITY OF QUANTUM FIBER IN SUCH INSTANCES FOR LIABILITY THAT WOULD HAVE OTHERWISE BEEN LIMITED BY THIS SECTION WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE MINIMUM AGGREGATE LIABILITY ALLOWED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION ALSO ARE SUBJECT TO SECTION 12(b)(ii)(C).

  10. Indemnification. You agree to indemnify, defend and hold harmless Quantum Fiber, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, made by a third party arising from or in connection with any violation of this Agreement or applicable law by you, any violation of any rights of a third party by you, and any information or content that you submit, use, post, transmit, or make available to Quantum Fiber, including provided through a Quantum Fiber Website.

  11. Governing Law. This Agreement and any disputes, claims, actions, and lawsuits arising out of or related to this Agreement shall be governed by the law of the state in which you receive the Services that are the subject of the dispute, claim, action or lawsuit.

  12. Dispute Resolution.

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS (AS OPPOSED TO ON A CLASS, REPRESENTATIVE, MASS, COLLECTIVE, CONSOLIDATED, OR COORDINATED BASIS), THROUGH PRE-SUIT DISPUTE RESOLUTION, AND IF APPROPRIATE, BY COURT ACTIONS DECIDED BY A JUDGE (NOT BY A JURY). IT LIMITS YOUR TIME TO NOTIFY QUANTUM FIBER OF A DISPUTE AND LIMITS YOUR TIME TO FILE ANY CLAIM, DISPUTE, ACTION, OR LAWSUIT. THIS SECTION GOVERNS ALL DISPUTES, CLAIMS, ACTIONS, OR LAWSUITS BETWEEN YOU AND QUANTUM FIBER ARISING OUT OF OR RELATING TO THIS AGREEMENT, SERVICES, SOFTWARE, AND/OR EQUIPMENT, REGARDLESS OF THE LEGAL THEORY.

    1. Pre-Filing Requirements. Before filing or commencing any lawsuit, claim, or action in any court, you must first present any claim or dispute to Quantum Fiber in writing in a manner reasonably sufficient to allow Quantum Fiber a fair and adequate opportunity to resolve the dispute without litigation (“Notice of Claim”). Any Notice of Claim should be emailed to legalaffairs@lumen.com or mailed to Lumen Technologies, Attn: Litigation Department, 931 14th Street, Suite 900, Denver, CO 80202.

      THESE PRE-FILING REQUIREMENTS ARE MATERIAL TERMS OF THIS AGREEMENT PROVIDING YOU AND QUANTUM FIBER WITH SUBSTANTIVE, NOT MERELY PROCEDURAL, RIGHTS. YOUR FAILURE TO ABIDE BY THEM MAY BE GROUNDS FOR DISMISSAL OF ANY LAWSUIT.

      1. Notice of Claim Must Be on an Individual Basis. Your Notice of Claim must be on your own individual behalf and shall not be made on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that any Notice of Claim must be on an individual basis, it is a violation of this agreement for two or more claimants to include claims in a single Notice of Claim or attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Quantum Fiber account.

      2. Fair and Adequate Opportunity to Resolve the Dispute.
        1. Quantum Fiber commits to work with you in good faith to resolve any disputes you may have. For your individual Notice of Claim to provide Quantum Fiber a fair and adequate opportunity to resolve the dispute without litigation, your Notice of Claim must include:
          1. the Quantum Fiber Website(s) related to the claim or dispute, the approximate dates on which you visited those sites, and your general activities while visiting those sites (e.g., comparing Quantum Fiber products, paying for your Quantum Fiber Products);
          2. the Quantum Fiber account number(s) for the account(s) related to the claim or dispute, if any;
          3. a reasonable description of the facts underlying the claim or dispute;
          4. an estimate of your money damages and how those damages were calculated;
          5. a description of any relief sought other than money damages; and
          6. supporting documentation.
          In addition to the information provided in your Notice of Claim, you also agree to respond within a reasonable time to any request from Quantum Fiber for additional information to support or clarify your claim or dispute.
        2. If your individual Notice of Claim includes any claim based on any alleged false statement, fraud, deception, or misrepresentation, then your individual Notice of Claim also must identify:
          1. the content of any alleged false or misleading statement or advertisement;
          2. the approximate date(s) on which you received, heard, or read that statement or advertisement;
          3. how you received that statement or advertisement; and
          4. if the alleged false or misleading statement was made by a particular person, that person’s name or affiliation with Quantum Fiber (e.g., Quantum Fiber employee, Quantum Fiber-authorized service technician, or contractor).
        3. Using information, you provide pursuant to Sections 12(a)(ii)(A) and (B), (Quantum Fiber will use reasonable efforts to search for and identify records of your account history, if any, that might be helpful in resolving your dispute. Quantum Fiber will also attempt to contact you directly to discuss your dispute. If you do not provide the information required by Sections 12(a)(ii)(A) and (B), Quantum Fiber is not obligated to search its records.

      3. 60-Day Pre-Filing Period. If you and Quantum Fiber are unable to resolve your claim or dispute within 60 days after Quantum Fiber receives your Notice of Claim that meets the requirements of Sections 12(a)(i) and 12(a)(ii) (“60-Day Pre-Filing Period”), you may file a court action consistent with these Dispute Resolution Terms. If your Notice of Claim is deficient, incomplete, or defective because it is not made on an individual basis, as set forth in Section 12(a)(i), or because it does not include the information required by Section 12(a)(ii), then the 60-Day Pre-Filing Period will not begin until the first date on which Quantum Fiber has received information correcting those deficiencies or defects. Further, if your Notice of Claim otherwise meets the requirements of Sections 12(a)(i) and 12(a)(ii), but you fail to respond to a reasonable request from Quantum Fiber for missing or additional information about your claim or dispute, then the 60-Day Pre-Filing Period will pause and not begin again until you provide the requested missing or supporting information.

      4. Pre-Filing Tolling Period. Any deadline to file a lawsuit will be extended up to a maximum of 60 consecutive days after Quantum Fiber receives your Notice of Claim (“Pre-Filing Tolling Period”). If you fail to respond to a reasonable request from Quantum Fiber for missing or additional information, then the Pre-Filing Tolling Period will end 14 consecutive days after the date of Quantum Fiber’s request.

    2. WAIVER OF ANY RIGHT TO PROCEED ON A CLASS, REPRESENTATIVE, MASS, COLLECTIVE, CONSOLIDATED, OR COORDINATED BASIS. By this Agreement, both you and Quantum Fiber waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis.

      1. Examples of Class, Representative, Mass, Collective, Consolidated, or Coordinated Bases. Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this agreement for two or more claimants to (1) include claims in a single Notice of Claim; (2) pursue their claims in a single court action; or (3) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Quantum Fiber account.

      2. Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. As consideration for the Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis in this Section 12, Quantum Fiber agrees that:

        1. Quantum Fiber will reimburse you for filing fees you incur for filing any lawsuit in small claims court, so long as your filing was consistent with these Dispute Resolution terms, regardless of whether you prevail on any claim in small claims court;
        2. If you both (1) prevail on a claim in court and (2) receive an award of actual damages that exceeds Quantum Fiber’s highest offer of settlement during the 60-Day Pre-Filing Period, Quantum Fiber will reimburse you for your reasonable attorneys’ fees, as well as any costs and expenses you or your attorney reasonably incurred for investigating, preparing, and pursuing your claims. The calculation of actual damages for purposes of this section excludes any award of attorneys’ fees, statutory minimum damages, statutory multiple damages or penalties, consequential damages, exemplary or punitive damages, and any other costs or expenses incurred in pursuing your claims;
        3. Nothing in this Agreement, including the limitations on liability in Section 9, will prevent or limit the recovery of statutory remedies; and
        4. Quantum Fiber will waive its right to any award of attorneys’ fees, costs, and expenses to which it might be entitled as a prevailing party in the lawsuit you filed, except that Quantum Fiber retains its right, as allowed by applicable law, to seek attorneys’ fees, costs, and expenses on the basis that your claim was frivolous or otherwise brought in bad faith or for the purpose of harassment.

        Your right to attorneys’ fees, costs, and expenses provided by this Section 12(b)(ii) is not intended to limit your rights to recover these items under applicable law (if any such rights exist). If applicable law entitles you to a greater award of attorneys’ fees, costs, and expenses than allowed under Section 12(b)(ii), you may recover that greater amount. However, you may not recover duplicative awards of attorneys’ fees, costs, and expenses under both Section 12(b)(ii) and applicable law.

      3. Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis not severable from Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. If a court deems Section 12(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action, then Section 12(b)(ii) (Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) shall also be unenforceable and severed from this agreement.

    3. Waiver of Right to Jury Trial. BOTH YOU AND QUANTUM FIBER WAIVE THE RIGHT TO A JURY TRIAL ON YOUR INDIVIDUAL CLAIMS. To the extent court action is appropriate under this Agreement, any trial of your claims and Quantum Fiber’s defenses or counterclaims shall be to a judge or court presiding without a jury (i.e., a “bench trial”), except as provided in Section 12(d).

    4. Waiver of Jury Trial Not Servable from Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. If a court deems Section 12(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action for any reason, the Waiver of Right to Jury Trial in Section 12(c) shall be unenforceable and severed from this agreement.

    5. Limitation on Time to File Any Claim, Dispute, or Lawsuit. YOU MUST NOTIFY QUANTUM FIBER OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED INVOICE. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.

  13. General.

    1. Notice. If we send you a notice, it will be considered given when deposited in the U.S. Mail or with overnight courier mail, addressed to you at your billing address or other address you have provided us, hand-delivered to you, or distributed via email to the then-current email address provided to us by you. Our notice to you will also be effective if provided on your invoice or by telephone, or, when posted online, the actual date such notice is posted to q.com/legal. If want to provide notice to us related to any matter other than a dispute covered by Section 12, you agree to notify Quantum Fiber customer service at the number listed on your invoice and provide all requested information, email us at legalaffairs@lumen.com, or send us mail addressed to Lumen Technologies, Attn: Litigation Department, 931 14th Street, Suite 900, Denver, CO 80202. You agree that Quantum Fiber may contact you via email at the email address you provide to us when you use Quantum Fiber Websites or any subsequent email address you provide us. You will provide us with any changes to your email address by updating that address in the manner prescribed to you by Quantum Fiber.
    2. Other. This Agreement, together with the other agreements, disclosures, and policies and posted information referenced herein, constitutes the entire agreement between you and Quantum Fiber with respect to Quantum Fiber Websites, and any other written or oral statements do not change this Agreement. Neither the course of conduct between you and Quantum Fiber nor trade practices will act to modify any provision of this Agreement. Quantum Fiber may assign its rights and duties under these terms to any party at any time without notice to you. All URLs listed in this Agreement include any successor URLs and content contained at such URLs are incorporated by reference. In the event any content contained at such URLs conflicts with this Agreement, this Agreement controls. If any provision of this Agreement is found to be unenforceable or invalid, this Agreement's unaffected provisions will remain in effect. If either you or Quantum Fiber fails to enforce or waives any requirement under this Agreement that does not waive that party's right to later enforce that requirement in the future.