Effective: Dec 12 2024
Your order for internet service (“Services”) is subject to the terms (“Terms”) of this Agreement. These Terms, those terms incorporated by reference, and the details you agree to in your online order (“Order”) form the entire agreement (“Agreement”) between you (“customer” or “user”) and Backcountry Broadband LLC (“Backcountry Broadband”).
No Resale or Unauthorized Agency. You may not resell access to the Services to others as a stand-alone, integrated or value-added service under this Agreement (whether acting as an agent, introducer or in any other capacity), unless authorized by Backcountry Broadband in writing. A violation of this Section may result in Service termination.
You authorize Backcountry Broadband to charge your approved payment method for:
Monthly Service Fee. Backcountry Broadband will automatically charge your approved payment method for the second and all subsequent monthly service fees on the anniversary of the Payment Due Date; and
Purchased Equipment and Upgrades. One-time charges, such as upgraded routers or wireless access points, ; and
Unreturned Equipment. Network equipment, including modems and routers, may be provided to you to ; and
Late Payment Fee. A Late Payment fee of $40 will be applied to any unpaid bills 10 business days after their due date.
a) Limited Warranty. Backcountry Broadband Services are subject to the following Limited Warranty.
b) DISCLAIMERS. EXCEPT AS SET FORTH IN THIS SECTION (LIMITED WARRANTY), BACKCOUNTRY BROADBAND PROVIDES THE BACKCOUNTRY BROADBAND SERVICES “AS IS,” WITHOUT ANY EXPRESS WARRANTY, CONDITION OR REPRESENTATION. BACKCOUNTRY BROADBAND DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
c) LIMITATIONS OF LIABILITY. BACKCOUNTRY BROADBAND WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE, INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES OR DAMAGES RESULTING FROM THE INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES. BACKCOUNTRY BROADBAND’S LIABILITY UNDER THESE TERMS FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BACKCOUNTRY BROADBAND UNDER THESE TERMS OVER THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES OR BACKCOUNTRY BROADBAND EQUIPMENT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER BACKCOUNTRY BROADBAND WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT.
d) ASSUMPTION OF RISK. YOU AGREE THAT YOUR USE OF THE SERVICES AND THE BACKCOUNTRY BROADBAND, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION-CRITICAL OR SAFETY-OF-LIFE SERVICE.
General. Customer agrees to comply with all laws and regulations applicable or related to the performance of obligations under this Agreement.
Privacy. Backcountry Broadband processes personal information as described in its Privacy Policy, as amended from time to time.
Acceptable Use Policy. You agree not to use, or permit others to use, the Services in ways that (a) violate any applicable law or applicable regulation, (b) violate the Backcountry Broadband Acceptable Use Policy, or other policies available on the Backcountry Broadband Customer Portal, (c) infringe the rights of others, or (d) interfere with the users, Services, or Backcountry Broadband Equipment, of the Backcountry Broadband network or other networks. You are responsible for complying with the terms for any third-party services (e.g., video streaming or gaming apps) that you subscribe to using Backcountry Broadband Services.
International Trade Laws. You must comply with all applicable export control, economic sanctions, customs/import, anti-money laundering, and anti-corruption laws and regulations (collectively, “International Trade Laws”). You acknowledge that you are only authorized to access Services at the location identified on your Order or otherwise authorized by Backcountry Broadband.
Security Measures. You acknowledge that Backcountry Broadband administers and enforces cybersecurity policies and procedures to identify and respond to incidents involving Backcountry Broadband data, mitigate the effects of any such incidents, document their outcomes, and notify appropriate stakeholders (including authorities and affected data subjects, as appropriate).
You agree to compensate and hold harmless Backcountry Broadband against all claims, liability, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or related to these Terms, any and all uses of your account, and your use of the Backcountry Broadband Network, Equipment, and Services. This includes, without limitation: (a) responsibility for all such consequences resulting from actions by you or any user of your account in violation of these Terms, the Acceptable Use Policy, or any law or regulation; (b) negligent, reckless or intentionally wrongful act by you or any user of your account; and (c) any breach by you of any of the covenants contained in these Terms.
Transfers and Assignments. You may not assign, sell, or transfer this Agreement, software installed on the Backcountry Broadband Equipment, or access to Services without Backcountry Broadband’s consent. Unauthorized transfers or assignments will be null and void. Backcountry Broadband may terminate this Agreement for cause if you attempt to transfer Services or this Agreement. You are liable for any charges or fees incurred by the use of the Services and Backcountry Broadband by anyone else. Backcountry Broadband can assign its rights and obligations under these Terms, in whole or in part, to any individual or entity we choose, at any time, without notice to you, in our sole discretion, and Services may be provided by one or more legally authorized Backcountry Broadband affiliates.
Acts of Agency. You must create a Backcountry Broadband account and enter into this Agreement for the Services in your own name. You cannot use an agent or any other representatives to purchase the Services or deal with Backcountry Broadband, except where an agent or representative is (a) a household or family member, or personal caregiver, of the account holder, (b) an employee, director or officer of the account holder; or (c) any other person expressly approved by Backcountry Broadband. You warrant that you have not purchased Backcountry Broadband via a commercial third-party, are not acquiring the Service as part of bundled service offering provided by a commercial third-party, and have not and will not make payment to any commercial third-party in connection with the Services, except where expressly authorized by Backcountry Broadband. Backcountry Broadband reserves the right to seek information from you confirming these affirmations. Failure to follow the terms of this Section is a breach of this Agreement that may result in the termination of the Agreement for non-compliance.
For Services provided to the United States, this Agreement and any disputes between us arising out of or related to this Agreement, including disputes regarding arbitrability (“Disputes”) will be governed by and construed in accordance with the laws of the State of Colorado in the United States.
Please carefully read this Section (Agreement to Arbitrate), which applies to any Disputes between you and Backcountry Broadband.
Under these Terms, you and Backcountry Broadband each waive any and all rights to have a court or jury hear or decide any Disputes. Rather, Disputes will be settled by a single arbitrator in a binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the United States Commercial Arbitration Rules of the AAA. To learn more about the rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
Notice of Dispute. If you have a Dispute, before initiating arbitration, you must send a written notice to [email protected] describing your issue and your desired resolution. If your Dispute has not been resolved within 60 days of submitting a notice, you may initiate arbitration as described above.
Arbitration Costs and Fees. If you commence an arbitration against Backcountry Broadband pursuant to this binding arbitration clause, Backcountry Broadband will pay the arbitration fees and expenses imposed by the AAA directly. However, if the arbitrator finds your claim is frivolous or brought for an improper purpose, then Backcountry Broadband may seek reimbursement of any or all fees and expenses paid to AAA for the arbitration.
PROHIBITION ON CLASS ARBITRATION. YOU AND BACKCOUNTRY BROADBAND AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ACTION OR CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. ACCORDINGLY, YOU AND BACKCOUNTRY BROADBAND MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM AGAINST THE OTHER ON BEHALF OF ANY OTHER PERSON, AND NO OTHER PERSON MAY PURSUE A CLAIM ON BEHALF OF YOU OR BACKCOUNTRY BROADBAND AGAINST THE OTHER. AN ARBITRATOR MAY ENTER AN AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
Customer Support. Customer support is available for the Services via phone, email via [email protected], or the Backcountry Broadband Customer Portal. You acknowledge and agree that Customer support provided over the phone may be recorded for training and quality purposes.
Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
Eligibility. You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to enroll in Services.
Records. You should keep copies of these Terms and any sales receipt or other materials relevant to your purchase of the Backcountry Broadband Services for your records. Backcountry Broadband reserves the right to substitute, change, cancel, or add to any part of these Terms at any time upon notice to you and your continued use of the Services constitutes agreement to the updated Terms. Backcountry Broadband will notify you prior to materially changing its Terms. Visit the Backcountry Broadband Customer Portal for the most current Terms.
Electronic Delivery Policy, Customer Consent, and Notices. You consent to receive all agreements, updates, disclosures, policies, notices, and other information (collectively, “Notices”) provided by Backcountry Broadband or its affiliates via paper and/or electronic delivery at Backcountry Broadband’s sole discretion. Backcountry Broadband may deliver or display Notices to you by email or pop-up window, or by posting a message on the Services or the Backcountry Broadband Customer Portal. You may receive periodic texts, emails, or other communications from Backcountry Broadband, such as notices regarding expiration of your account and changes to these Terms.
No Waiver. No waiver by Backcountry Broadband of any breach of these Terms will be a waiver of any preceding or succeeding breach. No waiver by Backcountry Broadband of any right under these Terms will be construed as a waiver of any other right. Backcountry Broadband will not be required to give notice to enforce strict adherence of these Terms. A waiver must be provided in writing by an authorized representative of Backcountry Broadband to be effective.