TERMS AND CONDITIONS FOR BROADBAND INTERNET SERVICE
THESE ARE THE TERMS AND CONDITIONS OF YOUR BROADBAND INTERNET SERVICE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE SERVICE TERMS AND CONDITIONS, PLEASE CALL 1-866-926-CARE (2273) IMMEDIATELY TO CANCEL YOUR BROADBAND INTERNET SERVICE.
TERMS AND CONDITIONS FOR UNION WIRELESS CUSTOMERS
Union Telephone Company (d/b/a and herein “Union Wireless”) and Customer (“You”) mutually covenant and agree that the following Terms and Conditions shall apply to your Union Wireless Broadband Internet Service accounts.Union Telephone Company (“Union Wireless”) and Customer (“Customer”, “you” and “your”) mutually covenant and agree that the following Terms and Conditions (“Agreement”) shall apply to your Union Wireless Broadband Internet Service accounts.
- UNION WIRELESS,, with corporate offices located in Mountain View, Wyoming, is the provider of the Telecommunications Service.
The Laws of the State of Wyoming and any applicable Federal law shall govern the Agreement. Exclusive venue and jurisdiction for any suit or arbitration arising out of, or related to the Agreement, shall be in the appropriate forum in Uinta County, Wyoming.
“Force Majeure Event” means an unforeseeable event beyond the reasonable control of a party, including without limitation: an act of God; fire; flood; sabotage; cable cuts; acts of terror; electrical power surge; power shortage or power failure; material shortages or unavailability or other delay in delivery not resulting from Union Wireless’s failure to timely place orders therefore; lack of, or delay in transportation; government codes, laws, regulations, ordinances, rules or restrictions; war or civil disorder; or, failures of suppliers of goods and Services.
“Late Charge” means a fee of up to the maximum amount allowed by law assessed each month in which any portion of a payment due is not received by, or immediately available to, Union Wireless by such payment’s due date.
“MRCs” means monthly recurring charges
“NRCs” means non-recurring, one-time charges.
“Regulatory activity” means any regulation and/or ruling, including modifications thereto, by any regulatory agency, legislative body or court of competent jurisdiction.
“Service” or “Services” means Broadband Internet Service and associated value-added Services you receive from Union Wireless as well as installation, repair, support and provisioning. Additional Services described in the Service Description section below.
“Taxes” means foreign, federal, state and local taxes, surcharges, other similar charges, and any other fees that may be passed from Union Wireless to Customer.
Your acceptance of these Terms and Conditions represents your agreement to be contractually bound to the Agreement which governs your Broadband Internet Service. You represent and warrant that your use of the Broadband Internet Service will comply with Union Wireless’s Acceptable Use policy. If you are a new subscriber, your enrollment in, activation of, use of, or payment for Service or equipment, whichever occurs first, is an implicit acceptance of the Agreement . You are expressly advised to read the Terms and Conditions in their entirety. Understand that should you choose not to read the Terms and Conditions, the Agreement is legally binding upon you. In addition to your agreement to be bound by the Terms and Conditions, your acceptance of Broadband Internet Service is your affirmation that you understand and agree to the prices and charges quoted to you during the ordering process and any and all other terms and conditions provided to you during the ordering process, all of which are incorporated here by this reference. You further represent that you are of legal age to enter into agreement and to be bound thereby. If you do not agree to all the terms and conditions in this agreement (including future revisions), do not use the Service or equipment, call Union Wireless at 1- 866-926-CARE (2273) (consumer/residential accounts), 1- 866-686-3231 (Business & Government accounts) to cancel the Service immediately, and return the equipment to Union Wireless according to the return policy & procedure found in the equipment box (black and white card).
Your account billing start date is determined by Union Wireless and is not dependent on whether you have completed installation or used the Broadband Internet Service. Your Broadband Internet Service will be provided on a month-to-month basis until terminated.
- Service Description:
- Providing Service. Union Wireless will provide Broadband Internet Service via the network infrastructure that runs directly to your location. If you do not have a Union Wireless wireline telephone line, Union Wireless may be able to provide broadband to your location by other means, subject to restrictions. If the Service you purchase includes telephony, you will be provided with a Union Wireless telephone number to use with your Service. Union Wireless will terminate your Service if you move your local telephone Service to another company, move your local telephone Service to a wireless Service provider or otherwise terminate your Union Wireless local telephone Service. Charges may apply.
- Availability. may not be available in all areas or at the rates or speeds generally marketed. The speed(s) available at your location are identified during the ordering process. Service speeds are “up to” and Union Wireless will provision your line at the maximum speed it qualifies for within the speed range of the Service you selected from the available options. Availability of Service depends on availability and limits of Union Wireless wire centers and facilities. Service will not be provided using unsuitable facilities or if a provision of Service creates interference with other Services. Service is offered only to location(s) qualified by Union Wireless line qualification procedures. Some lines may not qualify for Service even if an initial test qualified such lines.
- Best Effort Service. Broadband Internet Service is a Best Effort Service. That means your Service is provided on a per -line basis, and the actual throughput and connection speed of your Service depends on many factors such as Internet traffic and congestion or bandwidth, distance of your location from certain Union Wireless data equipment, viruses or spyware, server speed of the Web sites you connect to, traffic and congestion on your home network or corporate LAN, and Windows PC settings, in addition to other factors. Uninterrupted or error -free Services are not guaranteed, and Union Wireless makes no warranty that Broadband Internet Service will meet your requirements, or that Broadband Internet Service will be timely or secure. Union Wireless provides no guarantee regarding throughput speeds with Broadband Internet Service.
- Moves. If you move to another location (including a move within the same building) you are not guaranteed to have Service at the new location. Your line must be re -qualified for Service at any new location and MRC’s and NRC’s applicable to new Service will apply
- Union Wireless Facilities and Equipment to Provide Service. Certain Union Wireless facilities and equipment used to provide you Broadband Internet Service may be located on your premises. These facilities and equipment are the property of Union Wireless and must be installed, relocated, rearranged, tested, inspected and maintained only by Union Wireless. You are responsible for damage to such facilities and equipment resulting from your negligence (including failure to reasonably prevent damage by others) or willful conduct. Devices that are damaged due to customer abuse or not returned within 10 business days after service termination are subject to a onetime charge equivalent to the list price of the modem in effect at the time of the charge. Any unauthorized attachments or connections may be removed or disconnected by Union Wireless and your Service may be suspended or terminated as a result. You agree to provide Union Wireless access to your premises at reasonable hours if necessary, to terminate or cancel Service or to maintain or remove the facilities and/or equipment. If construction is required to provide Services to your physical location, you, as property owner, grant Union Wireless a right of way and easement at no cost over, above, under and through your property for purposes of construction of Union Wireless’s network to your location to provide the Services. If you are not the owner of the property subject to construction, you agree as a condition precedent to Union Wireless providing the Services, to arrange with the property owner a non - exclusive right of way and easement in favor of Union Wireless for which you accept all liability and responsibility, at no cost to Union Wireless, to provide Services to your location. If such easement rights are not granted to Union Wireless, Services cannot be provided to your location and this Agreement will terminate. Union Wireless is not liable for defacement or damage to your premises resulting from the existence of Union Wireless facilities or equipment and associated wiring, or from installation or removal thereof, when such defacement or damage is not the result of Union Wireless negligence. You may be required to provide, install, and maintain, at your expense, certain items such as appropriate space and power, and rights or licenses, to receive Broadband Internet Service if such items are not already in place. These items may include, without limitation, suitable power, power wiring and outlets, housing, heat, light, and ventilation for the operation of Union Wireless’ network facilities, and any and all other items reasonably identified by Union Wireless as necessary to provide the Service.
- Non-essential underground utilities: You, the customer, are required to, and must perform, best -effort marking of non -essential underground utilities on site (e.g., and without limitation, electric dog fence, sprinkler systems, septic, etc) prior to install to prevent breaks. When accurate marking is completed prior to install, Union will repair any unintentional breaks at no cost to you. Failure to mark non -essential underground utilities places all repair and replacement responsibility on you.
- Account Usage and Identification. You may choose to set up an online account, including username and password and confirm your identifying information (collectively and together with other information about your account) upon completing the registration process. You are responsible for maintaining the confidentiality of the account information and are fully responsible for all activities that occur under your account including payment for all such activities. You agree: (A) that only you and your authorized designees will use your account information and that you will not transfer or disclose such account information to any other person; (B) to immediately notify Union Wireless of any unauthorized use on your account or any other breech of security; and, (C) to ensure that you exit from your account at the end of each session. “Authorized designees” means members of your family or business associates that you, at your own risk and responsibility, permit to access the Service using your account information. You hereby ensure that any such authorized designees will comply with this Agreement and you will be responsible for all use of the Service and any other Services accessed through the Services on your account, whether authorized by you or not. You agree to supervise any minor’s use of the Service through your account. Union Wireless will not be liable for any loss or damage arising from your failure to comply with this section. In addition, you agree that Union Wireless, in its sole discretion, may place restrictions on use of yourServices for violation of this Section, and Union Wireless’s Acceptable Use Policy. Union Wireless may immediately disrupt, suspend, or terminate your Services without notice for violations, suspected violations, or to prevent violations of this agreement.
Union Wireless will provide equipment, owned by Union Wireless, to deliver your Broadband Internet Service at no additional cost. However, if you terminate the Service, you must return UnionWireless’ equipment within ten (10) business days of cancellation or pay a onetime charge equivalent to the list price of the modem in effect atthe time of the charge. You may return theBroadband Internet Service equipment, in good working condition, to any Union Wireless retail location or by U.S. Mail or by nationally recognized overnight delivery service to: Union Wireless 850 North Highway 414, PO Box 160, Mountain View, WY 82939.
Once you have accepted the Service, if you are dissatisfied with the Service in any way, your sole remedy is to cancel your account. To cancel your account, you must call 1-888- 926-2273. You cannot terminate your Service online or via email. Union Wireless does not automatically monitor, and will not automatically cancel your Service.
Union Wireless reserves the right to suspend or terminate your Broadband Internet Service in the event it is used in a manner which violates any law, regulation, tariff or the Union Wireless Acceptable Use Policy or which endangers the Union Wireless network, the Broadband Internet Service or the use and enjoyment of other users. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be a material breach of this Agreement, and will result in cancellation of this Service. You agree to immediately notify Union Wireless of any unauthorized use of your account and/or breach or attempted breach of security of which you are aware. Union Wireless may also suspend or terminate your Service without notice and for any reason including, without limitation, if you fail to pay any charges when due or if Union Wireless believes you or someone using your account has violated this Agreement. When an account is terminated by you or Union Wireless the reactivation of the old account or acquisition of a new account will only be allowed by express approval of Union Wireless and is subject to applicable charges.
Union Wireless may also cancel your Service for any violation of prohibited data uses included in our Acceptable Use Policy, including without limitation: resale of Union Wireless’s Service; any activity that adversely affects the ability of other people or systems to access or use either Union Wireless’ Services or other parties’ internet-based resources; intentionally or knowingly uploading or sending data containing viruses, worms, malware, corrupt files, Trojan horses, time bombs, or any other similar data, programs or software, which may damage another user’s access device or Union Wireless’s network; or any other reason that in Union Wireless’ sole discretion harms Union Wireless, its Network or its other customers.
Union Wireless’ liability for damages, including but not limited to, damages caused by interruptions of the Service, for mistakes, omissions, delays, errors and defects in the provision of the Service, shall in no event exceed an amount equal to the pro-rata charges to you for the period during which the Broadband Internet Service is affected. Union Wireless shall not be liable for any special, incidental, consequential, punitive or exemplary damages of any kind, including, without limitation, loss of profits, loss of income or cost of replacement Services.
- Broadband Internet Service equipment and installation
- Union Wireless Provided Equipment: (i) the equipment to provide your Broadband Internet Service is Union Wireless property and you may not assign, rent, transfer the equipment or your rights or duties under this agreement to another without Union Wireless’ prior written consent; (ii) you agree not to mishandle, abuse, misuse, or improperly store or operate the Equipment, including using the Equipment with equipment electrically or mechanically incompatible with, or of inferior quality to, it; and, (iii) you agree that if the Equipment is damaged by you and/or nonoperational or malfunctioning for reasons other than a manufacturing defect or caused by a Force Majeure event at any time during the term of this Agreement or upon termination of this Agreement, Union Wireless may charge you the full retail cost of the modem in effect at the time of the charge. Replacement Equipment may not be the same model.
- Customer-Provided Equipment. If you use equipment from a third-party, you understand and acknowledge that Union Wireless will not be responsible or liable if you cannot access your Service, if Services do not function correctly or at all, or if customer equipment, software peripherals, data, or quipment is damaged. You will be liable to Union Wireless for damage to any equipment provided by Union Wireless caused by your use of third-party modem. The forgoing limitation of liability is in addition to, and shall not limit, any other limitation of liability set forth in this Agreement.
- Union Wireless does not represent, warrant, or covenant that installation of Broadband Internet Service Equipment will enable you to successfully access, operate, or use the Broadband Internet Service, nor that such installation will not cause damage to your computer, data, software, files or peripherals. Union Wireless shall have no liability whatsoever for any damage, or for the failure to properly install, access, use or operate the Broadband Internet Service equipment or Broadband Internet Services because of your installation. This limitation of liability is in addition to, and shall not limit, any other limitation of liability set forth in this Agreement.
Your use of the Service is at your sole discretion and risk. The site and Service and all related documentation, materials, information, alerts and Services included therein or related thereto, are provided “as is” and “as available” without warranties of any kind. Union Wireless expressly disclaims all warranties of any kind to the fullest extent allowable under law, whether express, implied or statutory (including, without limitation, any implied warranties for conditions of merchantability, fitness for particular purpose, title, noninfringement or misappropriation or intellectual property rights of a thirdparty, custom, course of dealing, trade, quite enjoyment or accuracy of informational content or results of system integration) and any warranties or conditions arising under any other legal requirement. Union Wireless makes no warranties regarding the security, accuracy, reliability, timeliness and performance of the Service. In addition, the warranty on Union Wireless equipment is limited to the manufacturer’s warranty, if any.
- Changes to Service of this Agreement.
Union Wireless is not obligated to give you notice of changes to this Agreement before it becomes effective. You should review the Agreement at the time it becomes effective for you. Subject to any applicable rules or laws, Union Wireless may:
- Change the following terms at any time, effective upon posting, located at http://unionwireless.com/legal-compliance.
- Change the following with or without written notice to you, including e-mail: (i) stop offering the Service and/or leased Equipment; (ii) modify the Service and/or any of the terms and conditions of this Agreement; and/or, (iii) reduce MRCs or NRCs. Please check such Web site and your e-mail regularly for changes.
- Upon 30-day notice to you:
(i) increase MRC’s and/or NRCs; or, (ii) change this Agreement or the Service in a way that directly results in a material and adverse economic impact to you. Union Wireless may reduce the foregoing notice period where commercially reasonable and/or if such change is based upon Regulatory Activity.
Except as specified in the Dispute Resolution and Arbitration; Governing Law provision below, your continued use of the Service and/or Equipment constitutes acceptance of those changes. You must immediately stop using the Service and Equipment and cancel your Service if you do not agree to thechanges. Any changes you make or other terms you add to this Agreement, or propose in any other documents, written or electronic, are void.
- Data Management and Security.
Data Management and Security. Subject to and in accordance with Union Wireless’ Acceptable Use Policy You are responsible for the security of your devices, peripherals, and data against outside intrusion. The Federal Trade Commission publishes information about computer security available at https://www.consumer.ftc.gov/articles/0009-computer-security.
You are responsible for the management and security of your data, including without limitation: backing up and restoring your data; managing file and print sharing; implementing procedures for accuracy of data and its transmission; and, implementing security such as anti-virus and firewalls. Union Wireless is not responsible or liable for management or security of your data in any manner whatsoever, including, without limitation, loss of your data or back-up or restoration of your data.
- Installation, Maintenance and Support.
You may choose on-site installation for a charge or select selfinstallation method. Charges may apply for certain maintenance, trouble isolation, support Services and if a technician is dispatched. Charges may be per technician, may vary depending on when Services are performed (e.g., time of day and weekday, holiday and weekend), and may include a minimum charge regardless of the actual number of hours worked. Union Wireless will notify you of any applicable charges in advance of your incurring such charges. If you report trouble, you must pay a dispatch charge if the trouble is not found in Union Wireless facilities. There will be no charge if the trouble is found in Union Wireless equipment. A dispatch charge will also apply if: (A) a customer requests a Service date change and fails to notify Union Wireless before the original Service date and a technician is dispatched; or, (B) Union Wireless technician is dispatched for maintenance or Service and no trouble is found in Union Wireless facilities (applies each time this happens). Any requested repairs to your facilities or equipment are not included in the dispatch fee and will be charged on a time and material basis.
- Billing. Billing. Charges are billed monthly with MRC’s and NRC’s billed in advance and usage and governmental charges billed in arrears. Your first bill will cover both the partial month of Service from the date your Service is activated up to the first day of your assigned bill cycle date, and your first full month of Service in advance. Depending on your Service, discount and promotions may not apply during the partial month of Service. However, you will receive all applicable Service discounts and promotions for the entire promotional period if applicable. You will pay all charges billed by the due date set forth in your billing statement, as well as any late charges.
You are responsible for providing all information necessary for Union Wireless to provide and bill your Service and Equipment. You affirm that the information you provide Union Wireless is correct and complete and that you will promptly notify Union Wireless whenever your personal or billing information changes. If you elect to pay by credit card you are solely responsible for directly updating, or notifying Union Wireless, of any changes to your credit card (including card number, expiration date, billing address or card status). You agree that any incorrect or false information may result in Service provisioning or delivery delays or suspension or termination of Service.
- Disputes. The billed rate will continue unless you promptly inform Union Wireless, in writing, that the billed monthly rate is incorrect. You will be charged a late fee on any amounts withheld that are not in dispute or ultimately determined to be correct. You will pay Union Wireless’ expenses incurred to recover withheld amounts, including reasonable attorney’s fees, costs and expenses, if you choose not to pay disputed funds which are determined to be correct charges.
(i) Bundled Discount. When you purchased the Broadband Internet Service, you agreed to a specific price. Similarly, some service offerings may offer a discount on the Service if you sign up for other Union Wireless services ("Bundle Discount"). You agree to maintain your Service and any bundled services for the applicable term of the Bundled Discount, as applicable. If you signed up for a Bundled Discount, the price under the applicable plans is valid until one of the following events occurs, at which time the price of your Service may revert to the then-existing price for such Service: (1) you drop one of the Union Wireless services that you were required to purchase to receive the special Bundled rate; (2) you change your current Service address to another Service address where Broadband Internet Service is not available; or, (3) Union Wireless exercises its right under this Agreement to terminate your Service for use of the Service that violates this Agreement and/or Union Wireless’s Acceptable Use Policy.
(ii) Auto Pay Discount. Based on the Services purchased, you may be eligible for a discount from the Monthly Recurring Charges (MRC) from your monthly bill if you enroll in Union Wireless’s Auto Pay (AP) and Paperless Billing (described below) programs, subject to the following terms and conditions: (1) You must be enrolled in and maintain eligibility to participate in Union Wireless’s AP discount program as described herein; (2) Discount only applies to those accounts that are setup on Auto Payment via an ACH bank account and configured for paperless billing; (3) accounts that have Auto Payment removed from an account, a billing account changes from an ACH bank account, a payment is returned for insufficient funds, or paperless billing removed from an account will have the discount removed; or, (4) Union Wireless, at its sole discretion, chooses to modify or discontinue this discount.
- Auto Payment
Each month, you authorize Union Wireless to automatically charge or debit your designated ACH credit card/debit card or bank account, for the amount due on your bill. The Automatic Payment (“AP”) charge or debit will be made on the date that is specified in your monthly billing notice or your monthly bill, which Union Wireless will provide at least 10 days in advance of the AP payment date. You understand that when the charge or debit date for your AP payment falls on a weekend or holiday, Union Wireless will initiate the charge or debit on the next business day. While your AP service is being activated, it is your responsibility to keep your account(s) current and contact Union Wireless if you do not receive your bill notice. You authorize Union Wireless to treat your electronic signature as evidence of your consent to save your payment information and initiate electronic payment transactions from your designated ACH bank account. Your authorization via electronic signature has the same effect as a handwritten signature on a paperformatted contract. You agree to pay your Union Wireless bill until the AP enrollment is established. To cancel AP, you should access your account payment preferences at Union Wireless’ online billing portal, contact your local Union Wireless retail store, or call 1-866-926-CARE. You understand your participation in AP is subject to Union Wireless approval. (6) Union Wireless and participating financial institutions reserve the right to terminate your participation in this payment option at any time, as authorized by applicable law. (7) Union Wireless sets the criteria for AP eligibility and may, at any time and at its sole discretion, accept, deny or cancel AP. To cancel AP, you must access your account payment preferences at the Union Wireless online billing portal, contact your local Union Wireless retail store, or call 1-866-926-CARE.
- Paperless billing.
(1) If you request to receive your bill only electronically, you understand and agree that you will no longer receive a paper statement, and Union Wireless will send email notifications to the e-mail address you provide when you enroll, notifying you that your statement is available online. By agreeing to Paperless Billing, you are confirming to Union Wireless that you are able to access all information provided to you in electronic form. If you have more than one account with us, you will need to select a statement delivery method for each account. (2) You understand that there may be a time lag between when you stop receiving a paper bill and start receiving electronic Paperless Billing notifications. While your Paperless Billing service is being activated, it is your responsibility to keep your account(s) current and contact Union Wireless if you do not receive your bill notice. You agree that you are responsible for maintaining a valid e-mail address and agree to notify us of any change in your e-mail address (3) You further agree that all change in terms, notifications, legal and other notices (such as notices about changes to the agreements governing your account) that Union Wireless provides may be provided only throughelectronic means. (4) Union Wireless sets the criteria for Paperless Billing eligibility and may at any time and at its sole discretion, accept, deny or cancel Paperless Billing for your account and send a paper bill. (5) To cancel Paperless Billing, you should access your account payment preferences at Union Wireless’s online billing portal, contact your local Union Wireless retail store, or call sd1-866-926-CARE.
You agree to defend, indemnify and hold Union Wireless harmless from and against all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from: (1) any violation of applicablelaws, regulations, tariff or this Agreement by you (or anyone who uses your account, with, or without your permission); (2) the use of the Broadband Internet Service or the placement or transmission of any message, information, software or other materials on the Internet by you (or anyone who uses your account, with, or without your permission); (3) negligent or intentional acts, errors or omissions by you (or anyone that uses your account, with, or without, your permission); (4) injuries to or death of any person and damages to or loss of any property, which may in any way arise out of or result from your obligations under this Agreement or your use of the Broadband Internet Service, except to the extent that such liabilities arise from the gross negligence or willful misconduct of Union Wireless; or (5) claims for infringement of any intellectual property rights arising from your use of the Broadband Internet Service.
- Limitation of Liability:
Union Wireless makes no guarantees or warranties, express or implied, including, without limitation, fitness for a particular purpose or use or merchantability. In no event shall Union Wireless be liable for special, consequential, indirect or treble damages, attorneys’ fees, or court costs in contract or in tort. Union Wireless’ sole and maximum liability exposure for any damage actually caused by Union Wireless shall be a refund of the amount paid by you to Union Wireless for the month in which your claimed loss occurred. This Agreement is not for the benefit of any third-party except Union Wireless’ parent company, affiliates, subsidiaries, and successors in interest.
- No Waiver:
In no case shall Union Wireless’ failure or refusal to enforce any of its rights under this Agreement, in any instance, be a waiver of Union Wireless’ right to enforce all of its rights in another instance. No waiver by Union Wireless of any right or obligation arising hereunder will be effective unless such waiver is in writing signed by Union Wireless.
- Confidentiality and Privacy:
You and Union Wireless are individually responsible for complying with the privacy laws to which each is subject. Neither you nor Union Wireless will disclose any confidential information pertaining to the other unless required or permitted to do so under applicable law or regulation. You may authorize Union Wireless to discuss and disclose your proprietary network information to your legally authorized agent and the authorization will be effective without need for further authentication or authorization until revoked by you. Such authorization or revocation must be directed to Union Wireless in writing, signed by you or your legally authorized representative.
- Returned Checks:
Union Wireless may charge you $25.00 for any returned or dishonored check.
- No Assignment:
You shall not assign this Agreement or any of your rights or duties under it without the prior written consent of Union Wireless. Union Wireless may assign this Agreement or any debt you owe Union Wireless without any prior notice to you.
- Entire Agreement::
This Agreement and any documents incorporated now, hereafter, or after notice to you in the future, including but not limited to the Terms and Conditions for Union Wireless Customers, constitute the entire Agreement between you and Union Wireless. You cannot rely on other documents or statements of a sales or customer care representative. No verbal or unwritten changes to this Agreement shall be of any force or effect unless in writing and signed by you or your legally authorized representative and Union Wireless.
You consent and agree that any dispute or claim arising out of or relating to Services, Equipment, or this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration. The only exceptions to arbitration are that either party may pursue claims: (1) in small claims courts that are within the scope of jurisdiction, provided the matter remains in such court and advances only individual (non-class, nonrepresentative, non-consolidated) claims; and, (2) in court if they relate solely to the collections of any debts you owe Union Wireless.
Dispute Resolution and Arbitration Procedures. Before commencing arbitration, you must first present any claim or dispute to Union Wireless in writing allowing Union Wireless the opportunity to resolve the dispute. If the dispute is not resolved in 60 days either party may proceed with an Arbitration demand. Arbitration is binding. Any Arbitration shall be confidential and neither you nor Union Wireless may disclose the existence of, content(s) of or results of any Arbitration except as may be required by law, or for purposes of enforcement of this Arbitration agreement.
(1) ) If any term or provision of this Agreement is ruled invalid, illegal or unenforceable, such term or provision will be construed as narrowly as possible to give effect to the original intent of the parties and the remaining terms and provisions will remain valid, binding and enforceable. (2) All terms and provisions of this Agreement that should by their nature survive the termination of this Agreement will so survive. (3) Union Wireless will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event, as defined in Section 3 hereof. (4) ) In the event of any inconsistency between this Agreement and other documents exchanged between you and Union Wireless related to the Service or Equipment, the provisions of this Agreement will control unless otherwise stated and agreed, in writing, between the parties.
NOTICE TO CUSTOMER: This document, when signed or when accepted by receipt of notice and continued usage of Service, creates a binding and enforceable agreement between you and Union Wireless. The terms and conditions of this Agreement together with pricing information provided to you are understood and agreed to be part of the Agreement. You authorize an investigation of your creditworthiness and the release of information regarding your credit experience. For new customers, this Agreement is not valid without signature.