Wi-Fi Internet Terms & Conditions
This agreement ("General Terms") sets out the terms and conditions on which wireless internet access (“the Service”) is provided to You, individually, and You, on behalf of any other person who uses the Services ("You" or "Your" or "Subscriber"), a customer of Advantage Electric & Communications, inclusive of any parent or partner companies ("Us" or AECWIFI) for the King of the Hammers event at Johnson Valley, CA (the "Event").
1. Payment: You must have prepaid the service fee and equipment deposit to use our service. You are purchasing internet service for the Event. Payment methods, including Credit Card, Debit Cards and will be stored by a third party payment processor for future use by you or for equipment charges. If you do not return the equipment in a working order, you agree to pay a $120 dollar equipment charge. In the event collection activities are required, additional collection charges may be imposed.
2. AECWIFI's Property: All AECWIFI-provided equipment distributed to and/or installed for use in Your service location by or on behalf of AECWIFI ("Equipment") remains the property of AECWIFI. Equipment and Wiring installed at Your Service location is intended to remain at the specific Service location and must not be used or relocated off such premises without AECWIFI authorization. You must return all Equipment upon suspension of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with AECWIFI's then current schedule of charges for non-returned Equipment, which amount shall be due immediately. You agree to pay such charges whether the Equipment is lost (through theft or otherwise), damaged or destroyed.
3. Disruption of Service: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. In no event shall AECWIFI be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond AECWIFI's reasonable control.4. Equipment:
ALL EQUIPMENT, WIRING, AND CONVEYED DEVICES ARE PROVIDED "AS IS", AND AECWIFI HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.
AECWIFI SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT, WIRING, OR CONVEYED DEVICES.
5. Your Property: AECWIFI assumes no responsibility and shall have no responsibility for the condition or repair of any Conveyed Devices, or Subscriber-provided equipment/software. You are responsible for the repair and maintenance of Conveyed Devices, and any other Subscriber-provided equipment/software. AECWIFI is not responsible or liable for any loss or impairment of the Service due in whole or in part to a malfunction, defect or otherwise caused by Conveyed Devices, or Subscriber-provided equipment/software.
Notwithstanding anything to the contrary, You agree to allow AECWIFI and our agents the right (A) to install hardware in, (B) send software downloads to, and (C) install, access configure, maintain, inspect or upgrade Conveyed Devices, or any other Subscriber-provided equipment to the extent necessary to provide Service. You warrant that You are either the owner of such equipment or that You have the authority to give AECWIFI access to it.
6. Care of AECWIFI's Property and the Service: You agree that neither You nor any other person (except AECWIFI's authorized personnel) will: (A) open, tamper with, service, or make any alterations to the Equipment or Wiring; nor (B) remove or relocate any Equipment or Wiring from the service address of initial installation. Any alteration, tampering, removal, or the use of Equipment or Wiring which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of the Service and is prohibited.
7. Access to Your Premises: You authorize AECWIFI and its employees, agents, contractors and representatives to access and otherwise enter the your premises to install, inspect, maintain and/or repair the Equipment or Wiring and, upon the termination of Service, to remove the Equipment from the premises. AECWIFI's failure to remove its Equipment shall not be deemed abandonment thereof.8. Acknowledgments and Consent Regarding Recording of Communications and Contact Rights:
a. Recording of Communications. You acknowledge and agrees that all communications between You and AECWIFI may be recorded or monitored by AECWIFI for quality assurance or other purposes subject to applicable law.
b. Consent to Phone Calls and other Means of Communication. AECWIFI may call or text You or authorize others to call or text You on its behalf including but not limited to at any number You provide to AECWIFI for any purpose. You may not revoke Your consent to receive collection-related communications or any other non-marketing communication/notice pertaining to Your Service account (e.g., default, service message, etc.), including via calls, messages, texts, or any other means. You are responsible for charges for incoming text messages on Your wireless phone(s).
c. Other Notices. You authorize AECWIFI to provide other notices to You using any method AECWIFI determines appropriate, including by electronic means (for example, email or online posting).
AECWIFI's right to contact Subscriber as described in this Section survives the termination of these Terms of Service.
9. Assignment or Transfer: These General Terms and the Services and/or Equipment supplied by AECWifi are not assignable or otherwise transferable by You, without specific written authorization from AECWIFI.10. Termination and Expiration:
a. Termination by You: Unless otherwise terminated, these General Terms are valid from the date of registration through the end of the Event or as long as You continue use of the Service.
b. Termination for Bankruptcy: AECWIFI shall have the right to terminate these General Terms immediately in the event that You make an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against You under any law having for its purpose the adjudication of You as a bankrupt.
c. Termination for Breach: In the event of any breach of the Terms of Service by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of AECWIFI, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using any Service, these Terms of Service may, at AECWIFI's option, be terminated and the Equipment removed. Failure of AECWIFI to remove such Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to AECWIFI in the event that AECWIFI shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under these General Terms. AECWIFI may terminate these Terms of Service or AECWIFI may reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:
I. Subscriber violated these General Terms as to this or another AECWIFI account;
II. Subscriber threatened or harassed any AECWIFI employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.);
III. Subscriber's credit card issuer refuses a charge or any other payment method fails to compensate AECWIFI;
IV. There is a violation of the Terms of Service or other agreements with respect to any Service, as determined in the sole discretion of AECWIFI; or
V. The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of AECWIFI;
Subscriber further agrees that in the event of termination, AECWIFI shall have no liability to Subscriber.
d. Obligations Upon Termination: The Subscriber agrees that upon termination of the Terms of Service:
I. Subscriber will promptly return all Equipment to AECWIFI. In the event that Subscriber fails to return any Equipment within ten (10) days of the termination of the Terms of Service in addition to Equipment charges contemplated hereunder, Subscriber shall be liable to AECWIFI in accordance with AECWIFI's then current schedule of charges for non-returned Equipment.
11. AECWIFI's Right to Pursue Remedies and Subscriber's Indemnification Obligations. If Subscriber breaches the Terms of Service, AECWIFI has the right to seek compensation from Subscriber for such breach through arbitration or, if Subscriber has opted out of these General Terms' arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against AECWIFI that arises out of Subscriber's relationship with AECWIFI, the Services provided to Subscriber, the Terms of Service, or Subscriber's breach thereof or failure to comply therewith, Subscriber will indemnify, defend (at AECWIFI's exclusive election), and release AECWIFI from and against liability and reimburse AECWIFI for any losses that AECWIFI may incur, including reasonable attorneys' fees and costs, resulting from such claim. Subscriber's responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.
12. Equipment Security Deposit: Any security deposit required of Subscriber for the Equipment or AECWIFI's Service will be due before the Event. Such security deposits will be returned to Subscriber within sixty (60) days of termination of the Service so long as payment has been made for all amounts due on Subscriber's account and Subscriber has returned the Equipment undamaged. If AECWIFI is holding a deposit on Subscriber's account, AECWIFI has the right to apply the deposited amount against any outstanding balance or shortfall in payments.
13. Content and Services: All Services are subject to change in accordance with applicable law.
14. Disclaimer: AECWIFI assumes no liability for any program, services, content or information distributed on or through the Services and AECWIFI expressly disclaims any responsibility or liability for Subscriber's use thereof. Further, AECWIFI shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
15. AECWIFI's Reservation of Rights: AECWIFI reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, AECWIFI will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Subscriber, and AECWIFI will provide any prior notice of suspension or termination that is required by law.
16. Indemnification: In requesting and accepting AECWIFI Services, Subscriber agrees to defend, indemnify, and hold AECWIFI, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, "AECWIFI Indemnitees") harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:
a. The installation, operation, provision, or other use of AECWIFI Services and/or Equipment;
b. Any violation of AECWIFI's Terms of Service, Acceptable Use Policy, or other published policies or requirements;
c. The negligence, willful misconduct, violation of a third-party's rights, or failure to comply with applicable law by (i) Subscriber, (ii) members of Subscriber's household, or (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber;
d. Libel or slander resulting from any use of the Services by (i) Subscriber, (ii) members of Subscriber's household, (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber;
e. Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i) Subscriber, (ii) members of Subscriber's staff, (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber, including that affected through combination of Subscriber's use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;
f. Any unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law; and
g. Any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use of the 911 or E-911 service features and the equipment associated therewith, or by the use of any Voice Services furnished by AECWIFI in connection with the 911 or E-911 service, including but not limited to, the telephone number, address or name associated with the telephone used by persons accessing 911 or E-911 service thereunder, and/or that which arises out of the negligence or other wrongful act of (i) Subscriber, (ii) members of Subscriber's household, (iii) Subscriber's guests, or (ii) any other person using the Services provided to Subscriber.
The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the AECWIFI Indemnitees. Subscriber agrees that AECWIFI Indemnitees are not liable for any damages or liability resulting from the loss of Services (whether Internet, Voice, or other Services), nor will Subscriber make any claims or undertake any actions against AECWIFI Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of AECWIFI Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of AECWIFI Indemnitees.
LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF AECWIFI AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).
UNDER NO CIRCUMSTANCES SHALL AECWIFI BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, AGENTS OR SUBCONTRACTORS OF AECWIFI, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. AECWIFI'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY AECWIFI OF ANY OBLIGATION AECWIFI MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER'S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY AECWIFI. IN NO EVENT SHALL AECWIFI'S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE GENERAL TERMS EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD.
SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST AECWIFI THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER'S FAILURE TO COMPLY WITH THESE GENERAL TERMS.
THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE GENERAL TERMS.
17. ARBITRATION: The following provisions are important with respect to the agreement between Subscriber and AECWIFI regarding AECWIFI's Services memorialized by these General Terms.
PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. These General Terms require the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute.
Subject to the "Exclusions" paragraph below, AECWIFI and Subscriber agree to arbitrate disputes and claims arising out of or relating to these General Terms, the Services, the Equipment, or marketing of the Services Subscriber has received from AECWIFI. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
THESE GENERAL TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these General Terms, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at "www.adr.org," by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND AECWIFI ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY
Unless AECWIFI and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of AECWIFI's main office.
The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual's claim.
The parties agree that the arbitrator must give effect to the terms of these General Terms.
SUBSCRIBER AND AECWIFI AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER'S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING
Furthermore, unless both Subscriber and AECWIFI agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from these General Terms, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. SUBSCRIBER AND AECWIFI AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY AECWIFI ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS.
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
SUBSCRIBER HAS ONE YEAR TO BRING A CLAIM AGAINST AECWIFI, UNLESS SUBSCRIBER OPTS OUT. Subscriber must bring any claim against AECWIFI within one (1) year after the date on which the claim arose or, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If Subscriber does not bring a claim within this period, Subscriber waives, to the fullest extent permitted by law, all rights Subscriber has to such claim and AECWIFI will have no liability with respect to such claim.
This Section shall survive the termination of these General Terms.
18. Force Majeure: AECWIFI shall not be liable for any failure of performance or equipment of any kind (including AECWIFI Equipment) due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over AECWIFI, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
19. Survival of Terms. In addition to the terms that are specifically noted in these General Terms as surviving termination of these General Terms, all representations, warranties, indemnifications, and limitations of liability shall survive these General Terms. AECWIFI's right to contact Subscriber shall also survive these General Terms unless Subscriber opts out in the manner described in these General Terms. All other obligations of Subscriber and AECWIFI under these General Terms also survive termination if they relate to the period before termination or, if by their terms, they would be expected to survive such termination.
20. Entire Agreement: These General Terms (including the Terms of Service incorporated herein by reference) constitute the entire agreement between the Subscriber and AECWIFI. No undertaking, representation or warranty made by an agent or representative of AECWIFI in connection with the sale, installation, maintenance or removal of AECWIFI's Services or Equipment shall be binding on AECWIFI except as expressly included herein. Subscriber agrees that, if any portion of these General Terms is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If AECWIFI fails to insist upon or enforce strict performance of any provision of these General Terms, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these General Terms.