TERMS OF SERVICE
|PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
May 9, 2021
BY USING THE SERVICES, AS DEFINED HEREIN, YOU ACKNOWLEDGE THAT (i) YOU ARE AN ADULT (18 YEARS OR OLDER) AND (ii) YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH BELOW AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND AS AMENDED BY TRAILRUNNER, LLC (‘COMPANY”) FROM TIME TO TIME. BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT COMPANY WILL COMMENCE PROCESSING SUCH ORDER AND WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, COMPANY WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES. THESE TERMS AND CONDITIONS ARE SUBJECT TO REVISION FROM TIME TO TIME BY COMPANY.
The latest version of these terms and conditions will be posted on the Trailrunner (www.mytrailrunner.com) website for your review.
|Terms and Conditions.|
|1)||Service: You agree to purchase 4G LTE wireless network access services (“Services”) from COMPANY. Services by COMPANY are for your use only, and not for resale or sharing with persons outside your premises. In the event you attempt to resell or share the Services, COMPANY may, at its sole discretion, increase the fees associated with the Services or terminate the Services.|
|2)||Rates: The rates for 4G LTE Wireless services (“Rates”) are set forth on the www.mytrailrunner.com COMPANY website. The Basic Unlimited Plan for $59.95 per month and the Business Smart Plan for $24.95 per month are both available beginning July 1, 2021. The Off-Season Zero Plan for $19.95 per month and the Off-Season Basic Plan for $39.95 a both are also available beginning July 1, 2021 and require six months or more in the Basic Unlimited Plan. Beginning on December 1, 2020, all previous plans, including the LiTE and LTE Essential plans, are only available to customers who were signed up for them as of that date, and will not be available for new customers. Customers who signed up for service before December 1, 2020 and have the LiTE plan for $29.95 and LTE Essential plan for $49.95 can upgrade and downgrade among packages as preferred and pro-rated upgrade charges and downgrade credits apply. In addition to the monthly charge, there will be a one-time non-refundable activation charge of $100 for every new subscriber when their service is turned up. The Rates will be in effect for the initial term that you have selected and may thereafter be changed by us by giving you written or e-mailed notice of rate increases at least thirty (30) days before their effective date. In addition to the package rates, all required federal, state, county, and local taxes, fees and related charges applies.|
|3)||Payment Terms: Charges for the Services will begin when the Services are installed. Payments for Services will be made monthly. You may pay by eCheck or any major credit card or debit card. All refunds are handled on a case by case basis. For any questions/disputes/concerns please contact us at: email@example.com|
|4)||Default and Remedies: You will be in Default of this Agreement 1) if payment for any Service has not been made within two (2) days after we have sent you a notice via e-mail that such payment is overdue and 2) for any other breach of this Agreement that is not remedied within ten (10) days after notice of such breach; or 3) for any breach of our Acceptable Use Policy for our Internet Access Service. If you are in Default of this Agreement, we may terminate all Services under this Agreement without further notice to you and you will be charged an early termination fee as set forth in Section 4 below plus the amount of overdue charges due to COMPANY, if any. Late payment will result in a fee of $25.00 which will apply in the case of expired credit & debit cards or returned bank drafts (eChecks).|
|5)||Termination Charges and Equipment Ownership:You must notify us in writing of your intention to terminate the Services and you will be responsible for all service charges that would have been incurred for the next regularly occurring monthly billing cycle. Notice of termination should be submitted via our portal. For all plans other than the Business Backup Plan, COMPANY retains ownership of the modem, antenna and power adapter installed (collectively, the “Equipment”). You have not purchased the Equipment. COMPANY is entitled to remove the Equipment if Services are terminated by you or by COMPANY. You agree that COMPANY may have access to your property to retrieve the Equipment following termination of Services. If access to the Equipment is denied or the Equipment is not at the specific location, you will be charged with the payment method on file for the Equipment at the following rate: router $370.00, access point $100.00, antenna $100.00, and power adapter $25.00. Any additional equipment you purchase, you will retain after termination. In the event you terminate the Services and then purchase the Services again within one year you will be charged a $400 equipment reinstallation fee. In the event your Services are terminated within a period of six (6) months or less of installation, you will be charged a fee of $300 using the payment method on file for the Equipment to be uninstalled. ($300 will be for outdoor unit uninstalls, $50 for the return of an indoor unit, unless your upload speed is consistently less than or equal to 1 mbps.)|
|6)||Limited Warranty – Wireless Service: THE ONLY WARRANTIES MADE BY COMPANY WITH REGARD TO THE SERVICES AND EQUIPMENT ARE THOSE EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS. In addition, there are certain limitations that may affect your use of the Services.|
|7)||Quality of Services: You understand and acknowledge that the actual transmission speeds may vary from the transmission speeds that you might otherwise expect, due to factors such as the line-of-sight (LOS), distance to transceiver, and other operational characteristics of the facilities and equipment used in the 4G LTE Wireless Service. It is possible that there may be other operational impediments that may preclude or delay the actual installation, repair and maintenance of 4G LTE Wireless Services to your premises. We reserve the right to terminate this Agreement without liability to you if we are not able to provide, repair or maintain 4G LTE Wireless Services to your premises. We will use commercially reasonable efforts to provide installation, repair and maintenance services. If you experience a substantial reduction in transmission speed or significant interruption of service, please notify us and we will undertake commercially reasonable efforts to restore the 4G LTE Wireless Service. We will not be responsible for service issues relating to your computer, network or software. Any problems related to, or caused by, your computer, software or network are your sole responsibility.|
|8)||Acceptable Use Policy: You understand and agree to the terms of the COMPANY Acceptable Use Policy, which is available for review on our website. The LTE Basic Unlimited Plan available on December 1, 2020 is unlimited data usage. The monthly bandwidth limit that will be maintained for certain customers with preexisting rights to plans (as described in Section 2 of these Terms) is: LiTE – 25GB, LTE Essential-125GB, LTE Premium-225 GB, LTE Premium Plus – 400GB and LTE Unlimited. We do not guarantee download speeds. Download speeds may vary based upon the overall use of our network, your individual use of the network or due to other factors. If you exceed your allotted monthly bandwidth, your service may be interrupted until the first day of the next month, when the bandwidth limits reset or you upgrade your Service package. You also understand and agree that you will be charged for service calls if you are responsible, as we determine in our sole discretion, for the need for the service (for example, if we have to perform a service call if your pet damages equipment). You will be charged $75 per hour for these calls, including for travel time, and the minimum charge will be $150 even if the call takes less than two hours.|
|10)||Warranties – Equipment: With respect to the Equipment owned by COMPANY, COMPANY will match the manufacturer’s warranty for as long as you subscribe to our Services. For equipment supplied by COMPANY that is owned by you, such as a wireless router, COMPANY will match the manufacturer’s warranty for thirty (30) days from the date of purchase except to the extent that applicable law may require a longer period. Warranty coverage by COMPANY shall not apply if: 1) Your equipment has been subjected to unusual physical stress, misuse, neglect, or abuse; 2) the Wireless Service or related equipment has been installed, repaired or altered by anyone other than our technical support technicians or our subcontractors or affiliates; 3) the Wireless Service or related equipment is used in violation of applicable law or in violation of instructions furnished by us, if any. Our sole liability and obligation in the event of a warranty claim is replacement of the defective equipment. The foregoing limited warranties shall be in lieu of and shall exclude all other express or implied warranties, including without limitation, warranties of merchantability, and fitness for a particular use or purpose. You also acknowledge and agree that you are responsible for, and shall pay to us, the following amounts for equipment that is damaged and that is not covered by a warranty, where such damage is caused by misuse, liquid, hardware alterations, and/or unreasonable wear and tear (which we have the right to determine, in our sole discretion): BEC Ridgewave 7000RUL-$425, BEC Ridgewave 6900RUL-$350, BEC 6500AEL 4G/LTE Router-$375, BEC 6300AEL 4G/LTE Router-$250, Zyxel Wireless Access Point 6804-$95 and D-Link DIR-619L-$40.|
|11)||Security: You acknowledge that you have read our Acceptable Use Policy and agree to have virus protection software and personal firewall software installed on you system, with all virus definitions up to date before connecting to our network and at all times connected thereafter. We reserve the right to suspend your Services without liability, including without refund of Service fees, if your computer(s) are found to be virus infected, or in any other condition or configuration, which is our sole judgment jeopardizes the security and/or stability of our network.|
|12)||Use of Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.|
|13)||Termination for Convenience: COMPANY reserves the right to terminate the Services upon notice to you for any reason and at any time.|
|14)||Limitation of Liability: NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MANAGERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, AND DISTRIBUTORS, INCLUDING, WITHOUT LIMITATION, ANY PARTY PROVIDING INTERNET ACCESS TO COMPANY OR ANY INCUMBENT LOCAL EXCHANGE PROVIDER OR OTHER PERSON PROVIDING ACCESS TO ITS FACILITES TO COMPANY (THE “COMPANY PARTIES”) BE LIABLE OR OBLIGATED IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OREQUITABLE THEORY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITIATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF EARNINGS, USE OR DATA, WHETHER ARISING DIRECTLY OR INDIRECTLY FROM OR RELATING TO THIS AGREEMENT OR USE, NON-USE, OR INSTALLATION OF THE SERVICES OR EQUIPMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU WOULD HAVE PAID COMPANY UNDER THIS AGREEMENT DURING THE PERIOD OF TIME THAT SUCH LIABILITY WAS INCURRED, OR FIVE HUNDRED DOLLARS ($500.00) WHICHEVER IS LESS. FURTHERMORE, COMPANY SHALL NOT BE LIABLE FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (II) ANY DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET; (III) ANY LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE, OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE SERVICE OR ANY EQUIPMENT OR RELATED COMPONENT; (IV) ANY LACK OF OR BREACHE OF SECURITY OF THE SERVICE, OR THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY OTHER USER’S DATA; (V) THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR OTHER MEANS OF ACQUIRING INFORMATION, PRODUCT OR MATERIAL ACCESSIBLE THROUGH THE SERVICES; (VI) ANY DELAYS, ERRORS, OMISSIONS, INTERRUPTIONS, VIRUSES, SPYWARE, SPAM, OR TRANSMISSION DEFECTS IN ANY INFORMATION, MATERIAL OR DATA TRANSMITTED THROUGH THE SERVICE; OR (VII) ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE OF THE SERVICE DUE TO EVENTS OR CAUSES OUTSIDE COMPANY’S REASONABLE CONTROL.
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT OF THE LAW, REGARDLESS OF WHETHER COMPANY WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, AND REGARDLESS OF ANY REMEDIAL ACTIONS THAT COMPANY MAY TAKE. IF YOU ARE DISSATISFIED WITH THE SERVICES OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH COMPANY, OR CLAIM AGAINST COMPANY, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND ANY LIABILITY WILL BE LIMITED AS SET FORTH HEREIN. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. THIS SECTION SHALL BE ENFORCED TO THE FULLEST EXTENT OF APPLICABLE LAW. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICES FOR SERVICE UNDER THIS AGREEMENT.
|15)||Disruption of Service. The Service(s) are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service(s) could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to your property; failure of any signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; pandemic; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service(s). In all other cases of an interruption of the Service(s), you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service(s) interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service(s) interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE(S). Any credits that we provide are at our sole discretion and in no event shall constitute or be construed as a course of conduct by us.|
|16)||Entire Agreement; Amendments in Writing; Severability: This Agreement, which includes all attachments, schedules, agreements and documents referenced herein, if any, constitutes the entire agreement between us concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. Any changes to this Agreement, or any amendment or supplement to the Agreement must be in writing and signed by COMPANY or uploaded by COMPANY to its website to be enforceable. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the original intent of the parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.|
|17)||Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement or the rights and obligations of the parties hereunder, other than your failure to make payments in accordance with this Agreement and any action to collect amounts due to COMPANY under this Agreement, which may be brought in any court of competent jurisdiction, shall be conclusively resolved by arbitration in Portland, Maine in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect on the date demand for arbitration is made before a single arbitrator appointed by the AAA. The arbitrator shall conduct an arbitration within sixty (60) days of the date the arbitrator is appointed and shall render a decision resolving the dispute within thirty (30) days of the arbitration, and the parties agree to abide by the decision of the arbitrator and any such decision shall be binding, non-reviewable and non-appealable, and may be entered as a final judgment in any court having jurisdiction. The costs and expenses of any arbitrator shall be borne fifty percent (50%) by you and fifty percent (50%) by COMPANY, provided that such arbitrator, as part of his/her decision, may award such cost (but not including attorneys’ fees which may not be awarded or apportioned by the arbitrator) to the prevailing party if such arbitrator believes that a party has not brought or prosecuted such a claim in good faith. The parties agree that binding arbitration shall be the sole remedy as to all disputes arising out of or related to this Agreement. The arbitrator shall be bound to apply these Terms and Conditions.|
|18)||Governing Law. This Agreement shall be governed by the laws of the State of Maine, without regard to choice of law principles.|
|19)||Assignment. We have the right to assign your agreement to purchase the Services from us, including your name, address, billing and payment history, and means of payment, including credit or debit card information, to a purchaser of our customer contracts. We will provide notice to you following the assignment and identifying the purchaser.|
|20)||Special Note regarding WiFi (IEEE 802.11 based wireless technology). By using WiFi you acknowledge that if you do not take proper security precautions your data may be at risk of loss, corruption, disclosure or theft. You also acknowledge that by having an unsecured access point (WiFi router) you may be sharing your connection, violating section 10 of this Agreement.|
|USE OF THE SERVICES PROVIDED BY COMPANYCONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS, AS THEY MAY BE AMENDED FROM TIME TO TIME IN THE FUTURE.|