Digital Promise Global - Soundview Academy for Culture and Scholarship

Memorandum of Understanding

1.You will receive a wireless device and service at no charge i n order to facilitate your participation i n the Verizon Innovative Learning Schools program. The wireless device and service have been donated by Verizon Wireless and are provided to you by the Grantee under the terms and conditions of this Agreement. This Agreement may be terminated at any time by Verizon Wireless for any reason. The term of this Agreement shall be from the date of execution by you until you are no l onger an active participant i n the program.

2.The wireless device is intended for your use alone, solely for purposes of the program, and it cannot be sold or transferred to any other person or entity. Verizon Wireless will provide voice and/or data service solely to facilitate your participation in the program; however, if you have excessive usage, make international calls/text messages with your wireless device, stream games, or stream audio/video other than in connection with the program, your service may be limited, slowed or terminated without notice. At the end of your participation in the study, Verizon Wireless will discontinue wireless service to the device and you agree to return the device to Grantee.

3. Information about your use of the wireless device and service, including, but not limited to, details of when you used data services or placed calls and to whom is the information of the Grantee, as the customer of record for the device and service. Therefore, this information may be accessed by and shared with Grantee, and those parties to whom Grantee authorizes, including the Verizon Corporate Resource Group LLC (“VCRG”). No personally identifiable information or content will be accessible by VCRG.

4.Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”) or its vendors and suppliers shall have no liability whatsoever for End User’s losses, claims or damages for any cause whatsoever, i ncluding direct, i ndirect, special, consequential, treble or punitive damages, or for l imitations i n service, i ncluding but not l imited to, any failure or disruption of services provided hereunder, regardless of the form of action, whether i n contract or i n tort or otherwise. This l imitation i ncludes l osses, damages, claims or expenses of any kind arising out of the use or attempted use of the services, or i nability to access l ife support or monitoring systems or devices, 911 or E911 or other emergency call or service. You shall not be deemed a third-party beneficiary of any contract between the Grantee and Verizon Wireless.

5.END USER AGREES THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:

(i) ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT, OR TO ANY DEVICE OR SERVICE PROVIDED UNDER OR IN
CONNECTION WITH THIS AGREEMENT WILL BE SETTLED BY INDEPENDENT
ARBITRATION INVOLVING A NEUTRAL ARBITRATOR AND ADMINISTERED BY THE
AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER WIRELESS INDUSTRY
ARBITRATION (“WIA”) RULES, AS MODIFIED BY THIS AGREEMENT. WIA RULES AND
FEE INFORMATION ARE AVAILABLE FROM THE AAA at www.adr.org. ARBITRATION IS
NOT A COURT PROCEEDING. THE RULES OF ARBITRATION DIFFER FROM THE
RULES OF COURT. THERE IS NO JUDGE OR JURY IN AN ARBITRATION
PROCEEDING. THIS ARBITRATION CLAUSE SHALL APPLY TO ANY CLAIMS THAT
END USER MIGHT SEEK TO ASSERT AGAINST GRANTEE OR VERIZON WIRELESS
AND TO ANY CLAIMS THAT GRANTEE OR VERIZON WIRELESS MIGHT SEEK TO
ASSERT AGAINST END USER. VERIZON WIRELESS IS A THIRD-PARTY BENEFICIARY
OF THIS AGREEMENT FOR SUCH PURPOSE.

(ii) The Federal Arbitration Act applies to this Agreement. EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, END USER WAIVES ANY RIGHT TO PURSUE ON A CLASS BASIS ANY SUCH CONTROVERSY OR CLAIM AGAINST GRANTEE OR VERIZON WIRELESS, OR ANY OF THEIR AFFILIATES OR PREDECESSORS IN INTEREST. If multiple claims are joined in one action, some of which would not be subject to arbitration, the latter claims must be stayed until any claims in that action that are subject to arbitration have been resolved. If claims are asserted against multiple parties, some of whom are not required to arbitrate, the claims subject to arbitration must be severed; However, End User retains his/her right to file a complaint with any regulatory agency or commission.

(iii) No arbitrator has authority to award relief in excess of what this Agreement provides, or to order consolidation or class arbitration, except that an arbitrator deciding a claim arising out of or relating to a prior agreement may grant as much substantive relief on a non-class basis as such prior agreement would permit. In all arbitrations, the arbitrator must give effect to applicable statutes of limitations and will decide whether an issue is arbitrable or not. In a Large/Complex Case arbitration, the arbitrators must also apply the Federal Rules of Evidence and the losing party may have the award reviewed by a review panel consisting of three (3) arbitrators.

Please initial each line below to confirm your understanding and agreement: