Terms & Conditions

DISCLOSURES:

IMPORTANT NOTICE: By accepting these Terms of Service and using the products and services provided to you, you are bound by the terms and conditions listed hereafter and any wireless carrier “Service Agreement”, “Acceptable Use Policy”, or related document which governs a user’s responsible use of network resources and services as referenced by the wireless carrier on their website. Additional terms and conditions may also apply. A minimum summary is referenced below for your benefit.

Service Available for US Residents Only

SERVICE DESCRIPTION

1. You (“you” or “Member”) are being provided an Internet access service (“Service”). You are not being provided with any applications (such as Internet telephone or cable TV) that might be provided with INTERNET service by other vendors. We are not involved in the creation or the provisioning of the Service. The Provider provides the Service over its wireless network, using cell sites and frequencies licensed by the FCC. The Service is not available in all locations and you will only be able to access the Service when within the operating range of the Provider’s network, which may change from time to time in the sole discretion of the Provider. The Service may be disrupted or unavailable from time to time due to maintenance, emergencies, inclement weather or other factors outside of our control, or any of our partners’ control. The Service and the related equipment needed to use the Service (“Equipment”) may not function in the event of a power failure or disruption, and you may be required to reset or reconfigure your modem or other hardware to use the Service thereafter. We and our partners assume no liability with regard to any failure or lack of performance of the Service.

2. Use of the Service is subject to the Provider’s then-current(i) acceptable use policy (the “Provider AUP”) and incorporated herein by reference; and (ii) end user terms and conditions (the “Provider T&C”). The Provider reserves the right to change its AUP or T&C at any time.

3. THE SERVICE MAY BE SUBJECT TO USAGE LIMITS ESTABLISHED BY THE PROVIDER, WHICH ARE NOT CONTROLLED BY US OR ANY PARTNER AND ARE SUBJECT TO CHANGE. WE MAY NOT RECEIVE ADVANCE NOTICE OF ANY SUCH CHANGES FROM THE PROVIDER AND IN SUCH CASES WILL NOT BE ABLE TO GIVE YOU ADVANCE NOTICE THEREOF.

MODEM OWNERSHIP

EQUIPMENT PROTECTION AND LIABILITY

AllNet Wireless & Tech’s Internet Equipment Protection plan are covered against accidental damage, theft, and other unforeseen issues. This plan ensures that customers are not financially responsible for damages, as AllNet Wireless & Tech will handle repairs or replacements as needed.

Standard Customers: Customers who do not have AllNet Wireless & Tech’s Internet Equipment Protection plan are financially responsible for any damage to the modem. In the event of damage, loss, or malfunction not covered under warranty, the customer must replace the modem at its full retail cost. This ensures that the Company can maintain the quality and reliability of its services without incurring undue expenses.

MODEM RENTAL FEE/ ADDITIONAL FEES

MODEM OWNERSHIP & RENTAL OPTIONS

AllNet Wireless & Tech has a monthly rental fee structure that is optional for all customers. This change is optional and only applies to customers that don’t have the funds to pay upfront for the sign up fee.

  • Modem Rental Options:
    • One-time sign up fee: This option covers the basic modem cost after you pay it you own the modem.
    • Modem Rental Charge: This charge is optional to customers that are unable to pay the full price sign up fee.
      (Please contact us for more information about this option.)

MODEM ACTIVATION

Customers are required to activate their modem within 14 days of delivery. Failure to activate within this timeframe may include, but not limited to collection actions and legal consequences, including reporting the outstanding issue to credit bureaus which could negatively impact the customer’s credit score. Additionally, fees will be assessed as part of the collection process.

AMENDMENTS TO TERMS

AllNet Wireless & Tech may update or amend these Modem Ownership and Rental Terms as necessary. Customers will be notified of significant changes through their registered email address or account notifications. Continued use of the modem and internet services after such changes constitutes acceptance of the revised terms.

SECURITY AND PRIVACY

All modem interactions and data transmissions are subject to the AllNet Wireless & Tech’s privacy policies and security protocols. Customers must not attempt to modify or bypass security features of the modem, as doing so may compromise the integrity of the network and result in immediate termination of service.

14-Day Money Back Guarantee

Each AllNet Wireless & Tech’s Internet modem’s are covered by a 14-day Money-Back Guarantee. This guarantee period begins on the date the equipment is marked as delivered by the shipping carrier.

Please note that the Money-Back Guarantee period is not a free trial. All monthly invoices remain due and payable in accordance with the billing terms set forth in the applicable sections of this Agreement.

If the Device (modem) does not meet the customer’s expectations, a refund of the Sign Up Fee or Modem Rental Fee and the Subscription Service Plan will be issued upon a successful return back to AllNet Wireless & Tech’s Return Processing Center.

Devices returned outside of the 14-day Money-Back Guarantee period are not eligible for a refund. Additionally, if the modem is not returned in acceptable condition, even within the 14-day money back guarantee, a refund may not be granted and additional fees can occur, including the full retail cost of the modem, will be assessed. Please visit the modem replacement page for more details.

Please note that shipping charges are non-refundable.

CANCELLATION POLICY

To initiate the cancellation process with AllNet Wireless & Tech, customers are required to visit the AllNet Wireless & Tech website at www.allnetwirelesstech.com and initiate a return request, this link can be found at the bottom of our home page. A Customer Service Agent will assist by providing detailed Return Merchandise Authorization (RMA) instructions and guidance on the cancellation process.

After submitting the form, an e-sign document will be sent via email. The e-sign document must be signed to confirm the cancellation and to receive a prepaid return label for the AllNet Wireless & Tech’s Internet modem. If the e-sign document is not signed, the cancellation will be considered invalid. Please ensure all steps are completed to finalize the cancellation.

The cancellation of any subscription can only be completed once the device(s) have been returned and processed at AllNet Wireless & Tech’s Return Processing Center. The tracking information confirms that the equipment has been received by the shipping carrier. The customer is responsible for the modem until it’s back in AllNet Wireless & Tech’s possession. Customers have 14-days to return the AllNet Wireless & Tech Internet Modem. If the modem is not returned within the 14-days, billing for subscription plans, modem rental fees, and purchased add-ons will resume as agreed upon.

Important Steps:

  • Do not ship any equipment back without first starting your return request and receiving your RMA instructions. You may incur additional fees, up to the full retail value of the modem, for returning an unauthorized cancellation.
  • RMA numbers must be included with all returns. Shipments without an RMA number will not be accepted and will be refused.
  • Failure to follow the formal cancellation process may result in delays and continued billing.

RETURN OF EQUIPMENT

Upon termination of service, customers are required to return all modems and related equipment in good working condition. The return process includes the following steps:

  • Packaging: The modem and all accessories must be securely packaged to prevent damage during shipping.
  • Shipping: The equipment must be shipped to the designated Return Processing Center’s address a return label will be provided to you and the cost of the return label may be subtracted from your refund.
  • Confirmation: Customers are responsible for providing proof of shipment and ensuring the equipment is received by the Company.

Failure to return the equipment in a timely manner or in good working condition may result in additional fees as outlined in the Company’s Return Policy.

Cancellation Refunds

Please allow 5-7 business days for AllNet Wireless & Tech to process the returned modem and verify its condition. Refunds may take up to 14 days to reflect on your original payment method.

14-DAY GRACE PERIOD TO RETURN

Upon receiving your Return Merchandise Authorization (RMA) instructions, your AllNet Wireless & Tech’s Internet subscription will be temporarily paused for a period of two (2) weeks, referred to as the 14-Day Grace Period. During this time, it is imperative that AllNet Wireless & Tech receives your returned modem.

If the modem is not received within the 14-Day Grace Period, your subscription will automatically resume, and you will be billed for service as agreed upon.

Please note that if the modem is returned after the expiration of the Grace Period, no refund will be issued for your membership or subscription fees, even if your original cancellation request and AllNet Wireless & Tech’s authorization of such request falls within the 14-Day Money Back Guarantee.

Subscription Plan Policy

Each modem provided by AllNet Wireless & Tech is associated with its own subscription service plan. If you have multiple modems under your account, you are responsible for returning each modem to avoid continued billing. This applies to both functional and non-functional modems.

REPLACEMENT MODEM

AllNet Wireless & Tech offers an optional Equipment Protection Plan that covers the cost of a one-time modem replacement. This upgrade must be purchased at the time of your initial order to qualify. If approved for replacement due to equipment failure, AllNet Wireless & Tech will also cover return shipping for the defective modem.

When a replacement is issued, the current modem subscription will pause for 14 days (the Grace Period). The defective modem must be returned within this timeframe using the prepaid shipping label we provide. If it is not returned on time, the original subscription will resume, and you will be charged for both the old and new modem’s subscriptions until resolved.

If the original modem is not returned within 30 days, AllNet Wireless & Tech will consider it stolen, and the full retail value of the modem will be invoiced to your account.

By accepting a replacement modem, you agree to these terms and commit to returning the original device on time.

MONTHLY INVOICES

As a AllNet Wireless & Tech Customer, you are required to pay your sign up fee and first month’s service when you place your order. This payment will be processed at checkout along with any applicable shipping fees and any optional add-on services you select. Your monthly subscription fee will be automatically charged to the credit card provided at checkout. Payments are collected on a recurring 30-day basis, billed in advance, using the card on file. You may update your payment method by logging in to your customer account and updating your payment method on file. We do not update payment details on your account over the phone or by email. You as the customer must login to your account and update your payment details.

Auto Renew

To maintain your service, a valid debit or credit card must always be on file for your auto renew, which is required for all AllNet Wireless & Tech’s subscriptions. By becoming a AllNet Wireless & Tech customer, you authorize AllNet Wireless & Tech to charge your debit or credit card automatically upon your subscription renewal.

Pausing your Subscription

AllNet Wireless & Tech offers an optional add-on to customers that would like to pause their subscription charges when their internet service is not in use. This option, called the Travel Add-On, costs $19.95 per month if you would like to pause your service and enroll in the Travel Add-On service please reach out to us at support@allnetwirelesstech.com to get this add-on attached to your subscription.

How Pausing Works:

  • With the Travel Add-On, you have the ability to pause your internet service at any time. During the pause, you will still be billed for the modem rental fee and the Travel Add-On fee, but not for the internet service itself.
  • You can pause your subscription for up to 3 months (90 days) at a time, with a maximum of 6 months (180 days) within any 12-month period.
  • When you’re ready to pause or resume service, you can do so by contacting us at support@allnetwirelesstech.com

NONPAYMENT

If your subscription payment is not collected on its due date, your service will be disconnected until AllNet Wireless & Tech is able to successfully collect payment. If you wish to start your service again, a one-time reactivation fee will be applied to your subscription. Payments can be made through the AllNet Wireless & Tech’s customer portal at www.allnetwirelesstech.com An invitation to AllNet Wireless & Tech’s customer portal is sent upon the creation of the Customer’s subscription to the email address on file. A debit or credit card is required to be on file and will automatically collect payment on your invoice due date. If AllNet Wireless & Tech is unable to collect payment on your invoice due date, AllNet Wireless & Tech will attempt to collect payment on a daily basis.

BANK FEES

Under no circumstances will AllNet Wireless & Tech be held liable for fees incurred by the Customer’s financial institution. Customers are responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by AllNet Wireless & Tech.

REACTIVATION FEE

If a subscription is disconnected due to nonpayment, a $30 non-refundable reactivation fee will be required to restore service. This fee, along with the full outstanding balance, must be paid before service can be reactivated. Reactivation requests will be processed as soon as the payment is successfully collected.

DEBT COLLECTION

AllNet Wireless & Tech reserves the right to transfer outstanding balances, including unpaid services or unreturned/damaged modems, to a third-party debt collection agency. Personal data will be shared with the agency solely for debt recovery purposes. If the modem is not returned in satisfactory condition, the customer will be charged the full retail value for replacement. Additional fees may be assessed once the debt is transferred to collections, and failure to resolve the balance may negatively impact the customer’s credit score through reporting to credit bureaus.

CREDIT CARD CHARGEBACKS & DISPUTES

If we charge your registered payment method for a valid subscription or modem-related cost under these Terms, and your bank or payment provider initiates a Chargeback due to a dispute, AllNet Wireless & Tech reserves the right to suspend your service until the chargeback is reversed or resolved.

We will provide all relevant customer data—including order details, tracking information, communication history, payment fingerprints, and usage data—as evidence to support our case with the bank.

If you owe subscription payments or modem replacement costs for unreturned or damaged equipment, your account will be referred to a third-party collections agency, which may negatively impact your credit score. In addition, customers with unresolved chargebacks may be permanently restricted from making future purchases with AllNet Wireless & Tech until the dispute is fully resolved and all outstanding balances are cleared.

Review more on the Company’s chargeback policy here.

DISPUTE FEES

Any billing disputes initiated through a financial institution may result in the immediate cancellation of your subscription plan and account for which the disputed funds were withdrawn. A non-refundable chargeback fee of $30.00 will be applied for each dispute filed.

If you choose to return as a customer in the future, all outstanding fees, including the chargeback fee(s), must be paid before your service can be reactivated. AllNet Wireless & Tech reserves the right to deny future service until all disputes are resolved and balances are cleared.

DISPUTE PROCESS

If you dispute any charges through your financial institution or credit card provider, AllNet Wireless & Tech reserves the right to provide all necessary information to resolve the dispute. This may include, but is not limited to:

  • Customer emails, agreements, and order details
  • Communication history, including support tickets, live chat logs, and phone recordings (if available)
  • Device tracking and usage information

By using our services, you authorize AllNet Wireless & Tech to disclose this data to your financial institution to assist in their investigation. This ensures transparency and helps expedite the resolution of the dispute.

RATE CHANGES

AllNet Wireless & Tech may update or amend these Modem Ownership and Rental Terms as necessary. Customers will be notified of significant changes through their registered email address or account notifications.

If you do not wish to continue under the new rates, you may terminate your membership by contacting support@allnetwirelesstech.com. If no action is taken, your account will continue under the updated terms and the new rate will apply. Continued use of the modem and internet services after such changes constitutes acceptance of the revised terms. This Agreement supersedes any previous agreements or understandings between you and AllNet Wireless & Tech, whether written or oral, regarding your subscription.

REFERRALS

AllNet Wireless & Tech offers a Referral Program allowing users to refer friends, family, or others to purchase or subscribe to AllNet Wireless & Tech’s Internet services. For each verified referral, users may be eligible to receive a Referral Credit, redeemable for AllNet Wireless & Tech services.

  • Referral Credits have no cash value and cannot be redeemed for cash.
  • All credits are subject to verification and approval by AllNet Wireless & Tech.
  • AllNet Wireless & Tech retains sole discretion in determining eligibility and the amount of any Referral Credit.
  • The Referral Program may be modified, updated, or discontinued at any time.

REDRESS OPTION

If you have a complaint or concern about the Service, please reach out to us at support@mymicromit.com so we can work toward a resolution. AllNet Wireless & Tech is committed to addressing disputes promptly and transparently. This process governs dispute resolution and ensures that all efforts are made to resolve issues amicably.

If further resolution is required, both parties agree that any disputes will be handled in accordance with the procedures outlined in these Terms of Service.

CONGESTION MANAGEMENT

We do not own, operate, maintain, or control the Network/Service, and do not engage in network congestion management practices. The Provider uses network congestion management practices that may interfere with the speed or the availability of your Service. You should review the Provider’s disclosures for the network congestion management practices that may affect your use of the Service, including descriptions of congestion management practices; types of traffic subject to practices; purposes served by practices; practices’ effects on end-users’ experience; criteria used in practices, such as indicators of congestion that trigger a practice, and the typical frequency of congestion; usage limits and the consequences of exceeding them; and references to engineering standards, where appropriate.

SPEED OF SERVICE

Speed rates, which describe the rate at which data is transmitted on the network, depend upon the cellular service coverage and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly.

Plans may also have speed limits imposed by the network provider. AllNet Wireless & Tech’s Internet does not offer, disclose, or guarantee minimum speeds. All subscription plans are provided on an AS IS basis and throughput speeds are not guaranteed.

Availability of service may vary and the speed of data may be reduced by things such as: data usage; proximity to and availability of service from your local tower; the number of users using the network; and overall traffic or congestion in the area. Speeds and service could be disrupted or become unavailable from time to time due to maintenance, modifications, or repairs of the Provider’s infrastructure; emergencies; inclement weather or environmental changes; power outages; and other factors outside of our control or any of our Partner’s control.

DATA LIMITATIONS

Service with AllNet Wireless & Tech includes up to unlimited data on Verizon-certified Modems with any AllNet Wireless & Tech Plan’s while within the C-band coverage area.

AllNet Wireless & Tech’s Internet includes up to unlimited data on Verizon-certified Modems with any currently provided AllNet Wireless & Tech’s Plan’s.

Data limitations may vary at the discretion of the providing network, and service may be subject to usage limits established by the Provider.

Prohibited applications include, but are not limited to, continuously streaming video, public/Guest Wi-Fi, and web hosting systems.

AllNet Wireless & Tech is not responsible for changes to the network made by the providing carrier, and has no control over possible network optimization changes enforced by the Provider. All offers, content, promotions & prices listed today are subject to change without prior notice.

APPLICATION-SPECIFIC BEHAVIOR

We do not own, operate, maintain, or control the Network/Service, and do not engage in the blocking or rate-control of specific protocols or protocol ports, nor do we modify any protocol fields or inhibit or favor any applications or classes of applications. The Provider may engage in one or more of those activities. You should review the Provider’s disclosures for application-specific practices by the Provider that may affect your use of the Service.

TECHNICAL SUPPORT

Technical Support is offered on all AllNet Wireless & Tech’s devices and subscriptions. Support may include shipping a replacement device. All Shipped Replacement devices will include a pre-prepaid shipping label for the return of the non-working unit, if applicable. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, nor will they provide any technical assistance or support for any third-party Software. AllNet Wireless & Tech’s Internet is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the member’s responsibility to initiate and be available for technical support during AllNet Wireless & Tech’s hours of operation. If a member wishes to utilize AllNet Wireless & Tech’s Internet support, the member must be available to help troubleshoot the connection or computer setup. AllNet Wireless & Tech’s Internet does not provide on-site technical support. Customers should understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of AllNet Wireless & Tech’s Internet and AllNet Wireless & Tech is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.

DOWNTIME CREDIT PRACTICE

Although rare, all cellular networks occasionally have localized tower outages which result in service disruptions. In the event this happens, downtime credit will be issued for all downtime experienced, if applicable. Credit will be issued from the first point of contact about a technical issue affecting the account. During this time, Customer dues are still owed, and credits will be applied once the issue is resolved. You must contact AllNet Wireless & Tech’s Internet support for any and all downtime credit requests.

PRODUCT DESCRIPTION AND SIZE

Please be aware that all photos of any products sold on AllNet Wireless & Tech are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to the photos offered on our Website, it is possible that some photos shown on our Website may not be entirely representative of the actual product in appearance. You may receive a used and/or refurbished AllNet Wireless & Tech modem. We quality check, test and verify each modem that is shipped. The quality of your modem will be equivalent to a brand new modem.

DEVICE ATTACHMENT RULES

The equipment used to access our service must be the original equipment provided by us to be used during the duration of your account with the AllNet Wireless & Tech. We will pass through or otherwise provide the warranties and technical support offered by the manufacturer and/or the Provider (if any).

PRIVACY POLICIES

We do not own, operate, maintain or control the Service and do not have network management practices that entail the inspection of network traffic. We do not store personally-identifiable traffic information, we do not provide personally-identifiable traffic information to third parties, or use that information for non-network management purposes. The Provider uses or may use network management practices that entail the inspection of network traffic; storage of network traffic data; and use of network traffic data for non-network management purposes, including disclosure of such traffic data to third parties. The current Provider discusses these matters generally in its “Open Internet Information”, which refers to the providers generally-applicable privacy policies that may be viewed online at their site.

SECURITY

We do not own, operate, maintain, or control the Service, and do not take any measures to assure the security of your use of the Service or the security of the network. The Provider may take action to guard your security in the use of the network and to safeguard the network. Please refer to the Provider’s open internet disclosures for additional information.

INSTALLATION

AllNet Wireless & Tech does not provide professional installation for its products/services. If a Customer requires a Professional Installation, it is their own responsibility to hire a third-party technician. Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through AllNet Wireless & Tech. AllNet Wireless & Tech may not provide nor is responsible for any special equipment not rented through AllNet Wireless & Tech.

LIMITATIONS OF SERVICE

If you have not purchased a dedicated subscription service(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. AllNet Wireless & Tech reserves the right to disconnect users for excessive or exorbitant usage. AllNet Wireless & Tech and the cellular service providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating AllNet Wireless & Tech’s policies. These parameters may be changed at any time at AllNet Wireless & Tech’s discretion. If you require a dedicated connection, you should notify AllNet Wireless & Tech.

Excessive Usage

AllNet Wireless & Tech’s customers are expected to use the service responsibly and in accordance with the guidelines established by our network providers. Excessive usage includes, but is not limited to, continuous streaming, public guest Wi-Fi usage, web hosting systems, or other activities that place undue strain on the network.

In the event a customer breaches these terms, AllNet Wireless & Tech reserves the right to suspend or terminate service. Further actions may include billing adjustments and referral to collections for any unpaid fees or equipment costs associated with the breach.

CIRCUMSTANCES BEYOND ALLNET WIRELESS & TECH’S CONTROL

AllNet Wireless & Tech will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or subscription plans.

TERMINATION

We may terminate this Agreement with you, and or any services we provide, at our discretion, at any time, or if we determine that you, or any user of your service, (1) have violated any applicable laws while using our Platform; (2) have violated any portion of this Agreement or any of our Platform policies; (3) if we believe that any of your current or future actions may legally harm AllNet Wireless & Tech, our business interests or a third party, at our discretion. (4) lie or steal from us (5) fail to pay your bill, or have a history of billing issues with AllNet Wireless & Tech (6) (a) harass, threaten, or use vulgar, or inappropriate language toward our representatives; (b) “spam,” or engage in other abusive messaging or calling; (7) modify or tamper with, in any way, a device that is property of AllNet Wireless & Tech; or (8) engage in any detrimental behavior including, but not limited to, data abuse, torrenting or other forms of misuse of any services offered by AllNet Wireless & Tech. Where we have terminated this Agreement with you at our discretion, where you have any ongoing subscriptions, we may refund you a prorated portion of any unused subscription fees that have been paid for. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.

TERMINATION BY CELLULAR SERVICE PROVIDER

If, in the Cellular membership Provider’s sole discretion, (a) a member is in breach of the Acceptable Use Policy; (b) a member’s use of the membership is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the membership, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a member acts in an abusive or menacing manner when dealing with The Cellular Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Cellular Service Provider receives an order from a court to terminate a member’s service; or (e) the Cellular Service Provider for any reason ceases to offer the membership, then the Cellular Service Provider at its sole election may terminate or suspend such member’s service immediately without notice. For a termination in accordance with this paragraph, the member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.

DISPUTE RESOLUTION

The parties hereto shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with these Terms of Service by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the matter shall thereafter be resolved by binding arbitration and each party hereto hereby waives any right it may otherwise have to the resolution of such matter by any means other than binding arbitration pursuant to this Section 26. Whenever a party shall decide to institute arbitration proceedings, it shall provide written notice to that effect to the other parties hereto. The party giving such notice shall, however, refrain from instituting the arbitration proceedings for a period of sixty (60) days following such notice. During this period, the parties shall make good faith efforts to amicably resolve the claim, dispute or controversy without arbitration. Any arbitration hereunder shall be conducted in the English language under the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted by a panel of three arbitrators: one arbitrator shall be appointed by each of party; and the third shall be appointed by the American Arbitration Association. The panel of arbitrators shall have the authority to grant specific performance. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. In no event shall a demand for arbitration be made after the date when institution of a legal or equitable proceeding based on the claim, dispute or controversy in question would be barred under this Agreement or by the applicable statute of limitations. The prevailing party in any arbitration in accordance with this Section 26 shall be entitled to recover from the other party, in addition to any other remedies specified in the award, all reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party to arbitrate the claim, dispute or controversy.