ACCEPTABLE USE POLICY
Effective [7/12/ 2015]
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF
ANY AGREEMENT WITH Adept internet solutions llp
FOR PROVISION OF ITS SERVICES TO BUSINESS AND CONSUMER
CUSTOMERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE POLICY
CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM TIME TO
TIME BY Adept AS SET FORTH
BELOW.
Adept and its affiliates
(collectively "Adept internet solutions llp")
have designed this Acceptable Use Policy ("AUP")
governing Adept 's services (the
"Services") to ensure the integrity of its wireless broadband
network and enhance the use of the Services for all of
Adept 's customers by designating standards for
acceptable and unacceptable use. This AUP forms part of the
agreement between Adept and you and
is incorporated by reference into Adept
's Terms of Service (the "Terms of Service") found at
[URL]; capitalized terms not defined in this AUP
are defined in the Terms of Service. BY USING THE SERVICE, OR ANY
EQUIPMENT PURCHASED OR RENTED BY YOU FROM Adept
(the "EQUIPMENT"), YOU AGREE TO BE BOUND BY AND COMPLY WITH
THE TERMS AND CONDITIONS OF THIS AUP.
Prohibited or Actionable Activities.
To preserve the ability of all of its customers
to use Adept's network and the Internet
without interference or harassment from other users, and as a
condition of the Service, Adept prohibits
you from engaging in the following activities:
Unlawful or Improper Use of the
Service.
You may not use the Service in a manner that is
unlawful, harmful to or interferes with use of
Adept's network or systems, or the network of
any other provider, damages, disables, or impairs any
Adept property, interferes with the use or
enjoyment of services received by others, infringes intellectual
property rights, results in the publication of threatening or
offensive material, or constitutes spam or e-mail abuse, a security
risk or a violation of privacy. The Service is intended for
reasonable periodic, ordinary active use.
You may not use the Service to store, post,
transmit, or disseminate material or information that is unlawful,
harmful, threatening, abusive, harassing, libelous or defamatory,
hateful, obscene, indecent, or otherwise objectionable or which
encourages or participates in conduct that would constitute a
criminal offense, gives rise to a civil liability, or otherwise
violates any local, state, federal, or international law, order,
rule, or regulation. The Adept
shall determine in its sole discretion whether you have
violated the foregoing restriction.
Junk E-mail.
You may not use the Service to transmit or
facilitate any unsolicited or unauthorized advertising,
telemarketing, promotional materials, "junk mail", unsolicited bulk
e-mail, unsolicited duplicative e-mail, unsolicited commercial
e-mail, fax broadcasting, or fax blasting (collectively, "Spam").
Violation of the CAN-SPAM Act of 2003, or any other applicable laws
regulating e-mail services, constitutes a violation of this AUP.
Adept considers any unsolicited commercial mail to be Spam,
regardless of the amount of mail sent, unless the recipient has
specifically requested the information. An e-mail may be
"unsolicited" for purposes of this AUP if (1) the recipients'
e-mail addresses were not obtained through a personal or customer
relationship between recipient and sender, (2) recipients did not
affirmatively consent to receive communications from the sender, or
(3) recipients have opted out of receiving communications from
sender when given the opportunity to do so.
Fraudulent Activity.
You may not use the Service to make fraudulent
offers to sell or buy products, items, or services or to advance
any type of financial scam such as "pyramid schemes", "Ponzi
schemes", or "chain letters." You may not use techniques to hide or
obscure the source of any e-mail or other communication.
Impersonation.
You may not use the Service to impersonate any
person or entity, or falsely state or otherwise misrepresent your
affiliation with any person or entity, or to create a false
identity for the purpose of misleading others. Without limiting the
foregoing, you may not use invalid or forged headers, invalid or
non-existent domain names or other means of deceptive
addressing.
Software Viruses
You may not use the Service to upload files or
transmit any material that contains viruses, worms, Trojan Horses
time bombs, cancelbots, corrupted files, or other code that
manifests contaminating or destructive properties. To protect our
customers, Adept monitors Internet ports
that are considered to be security risks as determined by
Adept in its sole discretion.
Collecting Information.
You may not use the Service to store or collect,
or attempt to store or collect, non-public personal information
about third parties without their prior knowledge and
consent.
Excessive Utilization of Network
Resources.
Wireless networks have capacity limits and all
customers can suffer from degraded or denied service when one or a
small group of users consumes disproportionate amounts of a
wireless network's resources. Adept,
therefore, will monitor both overall network performance and
individual resource consumption to determine if any user is
consuming a disproportionate amount of available resources and
creating the potential to unreasonably disrupt or degrade
the Adept network or network usage by
others. Adept reserves the right to
engage in reasonable network management to protect the overall
network, including detecting malicious traffic patterns and
preventing the distribution of viruses or other malicious code, and
through techniques such as limiting the aggregate bandwidth
available to bandwidth intensive users during periods of
congestion.
While the determination of what constitutes
excessive use depends on the specific state of the network at any
given time, excessive use will be determined by resource
consumption and not by the use of any particular application. When
feasible, upon observation of an excessive use pattern,
Adept will attempt to contact you by e-mail at
the e-mail address on file or otherwise to alert you to your
excessive use of bandwidth and to help determine the cause. Adept
representatives also are available to explain the parameters of
this AUP and the Accelerated Performance Services™ [1] to help you
avoid another excessive use incident or to upgrade you to a
different class of Service that comports with your usage. If you
are unavailable or do not respond to
Adept's attempt to contact you regarding
excessive use, or if excessive use is ongoing or recurring,
Adept reserves the right, set forth in the "AUP
Enforcement and Notice" provisions below, to act immediately and
without further notice to restrict, suspend or terminate your
Service.
Use of Your Account by Others.
You may not, through action or inaction, allow
others to use the Service for illegal or improper activities or for
any purpose or in any manner prohibited by this AUP, nor may you
reproduce, duplicate, copy, sell, provision, resell, rent, lend,
pledge, transfer, distribute or exploit any portion of the Service
or hardware without Adept's prior written
consent. You may not permit your network, through action or
inaction, to be configured in a way that gives a third party the
capability to use the Service in an illegal or improper manner or
for any purpose or in any manner prohibited by this AUP.
Security Precautions.
You are solely responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Service for the reconstruction
of any lost data.
AUP Enforcement and Notice.
Customer's failure to observe the guidelines
associated with this AUP may result in Adept
taking actions that may range from a warning to a suspension
or termination of Service. When feasible, upon observation of a
violation of this AUP, Adept may attempt
to contact you by e-mail at the e-mail address on file or otherwise
to notify you of the violation. Adept
representatives also are available to work with you to
explain the parameters of this AUP and to help you avoid an AUP
violation.
Adept reserves the right, however,
to act immediately and without notice to restrict, suspend or
terminate Service, if it reasonably determines that your conduct
may: (1) expose Adept to sanctions,
prosecution, civil action or other liability; (2) cause harm to or
interfere with the integrity or normal operations of
Adept's network or networks with which
Adept is interconnected; (3) interfere with
another Adept customer's use of the
Service; (4) violate any applicable law, rule or regulation; or (5)
otherwise present an imminent risk of harm to
Adept or its customers. In the event of
termination of your Service, all applicable termination charges
will apply.
Except as expressly provided herein, the rights
and remedies of Adept are cumulative and
not exclusive of any rights or remedies that
Adept may otherwise have at law or in equity.
Waiver of any violation of this AUP by Adept
shall not act as a waiver of any subsequent violation, nor
shall it be deemed to be a waiver of the underlying obligation or
term. No failure or delay by Adept in
exercising any right or remedy hereunder will operate as a waiver
thereof, nor will any single or partial exercise of any right or
remedy preclude any other or further exercise thereof or the
exercise of any other right or remedy. Adept
has the right but not the obligation to monitor or restrict
any uses of the Service that Adept
reasonably believes in its sole discretion violates this AUP,
any part of the Terms of Service, or applicable law. You are solely
responsible for all content that you transmit or receive utilizing
the Service, and are responsible for abuse of your account by
others.
Reporting Violations.
Adept requests that any person who
becomes aware of a violation of this AUP report the information
to Adept at [email, address,
and/or phone number]. If available, please provide the
IP address used to commit the alleged violation and the date and
time of the alleged violation. Adept may
take any appropriate action as it reasonably deems fit in its sole
discretion, including, but not limited to, one or more of the
following actions in response to a report: issue a warning; suspend
the subscriber's account; terminate the subscriber's account; bill
the subscriber for administrative costs and/or reactivation
charges; bring appropriate legal action to enjoin violations and/or
to collect damages, if any, caused by violations; or take no
action.
Notices and Procedure for Making Claims of
Copyright Infringement.
Pursuant to Title 17, United States Code,
Section 512(c)(2) (as amended), notifications of claimed copyright
infringement should be sent to Adept
at sales@adept4u.com
or call 509-684-7897 or write adept internet solutions 156 n.
Main, Colville,Wa. 99114, Attn: Copyright
Infringements. Note that inquiries relevant to the following
procedure only will receive a response.
Revisions; Reservation of Rights.
Adept reserves all rights including
the right to revise, amend, or modify this AUP or any other
Adept policy at any time, by sending you an
email notification to the email address associated with your
account, or by announcing any amendments or modifications in the
"Service Announcements" section of
Adept's website: [URL]
. Such amendments or modifications will become effective on
the date we send them to you by email or announce them on our
website, whichever is earlier; afterwards, your continued use of
the Service or Equipment will constitute your acceptance of any
such amendments or modifications.[2] However, if you do not
wish to continue Service after a change that is materially
disadvantageous to you, you may terminate this Agreement by
providing written notice to Adept within
twenty (20) days of the effective date of
the modification.
Adept Wireless Broadband Internet
Service Agreement
Copyright
ALL RIGHTS RESERVED. The entire content of the
synKro™ co-branded website, including but not limited to design,
graphics, interfaces, code, and the selection and arrangement
thereof, is protected as the copyrights, trade dress, trademarks
and other intellectual property rights owned by LocaLoop, Inc. and
its affiliates[3] .
The Adept ™ name and
logo and other designated names, marks, and phrases are trademarks
of Adept[4]
PRIVACY POLICY
Adept is committed to protecting
your privacy. Please read this privacy policy statement carefully
so that you understand what kind of information we may gather about
you, how we may use that information, whether we may disclose it to
anyone, and the choices you have regarding our use of the
information and your ability to correct the information. We will
not trade, sell, or disclose to any third party any form of
personally identifiable information without your consent, including
information derived from registration, subscription, and use of
the Adept's service, except as stated
below. This policy applies only to Adept,
and not to other companies' or organizations' Web sites to
which we link.
The Information We Collect
The information Adept
gathers generally falls into four general categories: (1)
personal, business, and demographic information you supply that we
use primarily for evaluating applicants and conducting market
research; (2) information you supply when you register or initiate
transactions; (3) tracking information gathered as you navigate
online; (4) information required to enable your use of certain
applications. Some of this information identifies particular
person, but much of it does not. Third-party providers whose sites
are featured on and accessed via our site and third-party
manufacturers of devices that can be used by you on our network may
gather information as well.
When you interact with Adept
when applying for Adept Service,
for example, we may request some or all of the following
information:
1. Contact information (e.g., name, address,
telephone number, and e-mail address)
2. Credit card, debit card or check card
and Adept account number
3. Driver's license
4. Company name (for corporate
accounts)
5. Household characteristics (e.g., number of
children and number of Internet users)
6. Technology employed (e.g., type of Internet
access and specifications for your computer)
Why We Collect This Information
We need this information to process your
application or service order and to conduct market research. If we
have trouble processing your application or order, we use the
contact information you provide to get in touch with you. We also
use your contact information to provide you with
Adept updates or to assist you with your
wireless service and to inform you of new products or services that
may be of interest to you.
Use of Cookies
To help make our website more responsive to your
needs, we use a standard feature of browser software nicknamed
"cookies." We use cookies to help us tailor our website to your
needs, to deliver a better, more personalized service, and to
remember certain choices you've made so you don't have to re-enter
them. A cookie is a text file that is placed on your hard disk by a
web page server. We will not use cookies to run programs or deliver
viruses to your computer. Cookies are uniquely assigned to you, and
are intended only to be read by a web server in the domain that
issued the cookie to you.
One of the primary purposes of cookies is to
provide a convenience feature to save you time. For example, if you
personalize Adept pages, or register
with Adept sites or services, a cookie
helps Adept recall your specific
information on subsequent visits. This simplifies the process of
recording your personal information, such as billing addresses,
preferred email address, and so on. When you return to Adept, the
information you previously provided can be retrieved, so you can
easily use the Adept features that you
customized.
We use two kinds of cookies: (i) temporary or
"session"-based cookies that contain certain information about a
user's or visitor's use of our website at a particular time and
(ii) "persistent" cookies that contain certain account-related
information about a registered user's use of our website.
Session-based cookies are automatically disabled or deleted when a
user of, or visitor to, our website closes his or her browser
software at the end of a session. Persistent cookies remain stored
on a registered user's computer system until he or she disables or
deletes them. Of course, if you set your browser not to accept
cookies or you delete them, you may not be able to take advantage
of the personalized features enjoyed by other visitors to and users
of our website and our services may not operate in the intended
manner if you have disabled cookies.
California "Do Not Track" Disclosure
California law requires that operators of
website and online services disclose how they respond to a Do Not
Track signal and whether other third parties may collect personally
identifiable information about an individual's online activities
from their site or service.
Some browsers have incorporated "Do Not Track"
features. Most of these features, when turned on, send a signal or
preference to the website or online service that a user visits,
indicating that the user does not wish to be tracked. Because there
is not yet a common understanding of how to interpret Do Not Track
signals, Adeptdoes not currently respond
to Do Not Track signals. For more information regarding Do Not
Track mechanisms, see http://allaboutdnt.com/.
Information Collected by Third
Parties
Of course, our site includes links to other web
sites and provides access to products and services offered by third
parties whose privacy policies we don't control. In addition, some
manufacturers of devices that can be used on our network (whether
co-branded with the Adept brand name or
not) may include in such devices software to monitor device usage
and performance, and an embedded web browser that can be remotely
activated by the manufacturer without your knowledge. Such browsers
are typically used by the manufacturer to remotely connect to
devices in order to send software updates or gather device
performance data such as, for example, session duration, or volume
of bytes downloaded and uploaded. In some instances, manufacturers
may share with Adept some or all of the
information they collect (in which case the shared information will
be subject to Adept's privacy policy),
however Adept does not control how those
manufacturers may use information they collect, and you should
check your device manufacturer's privacy policy.
When you (a) access another web site, (b)
purchase products or services or conduct other transactions through
a web site linked to our web site, or (c) use a device in which the
manufacturer has embedded monitoring software and a web browser,
use of any information you provide or which is otherwise gathered
by such other web site or manufacturer may be governed by the
privacy policy of the operator of the site you're visiting, the
provider of such products or services, or the manufacturer of the
device, as applicable. The provider's or manufacturer's privacy
practices may differ from ours, and we are not responsible for
their actions. Please be aware that these third-party sites or
manufacturers may also use their own cookies, web beacons or
third-party software or "spyware", for which we are not
responsible.
Disclosure of Information
We consider the personal information contained
in our business records to be confidential.
Adept will not read, listen to or disclose to
any third parties private e-mail, conversations, or other
communications that are transmitted using our services, except as
described herein. However, we may sometimes disclose information
about you to our business partners or to others who work for us,
such as our vendors who assist us to provide our services to you.
We may access and/or disclose your personal information if required
to do so by law or in the good faith belief that such action is
necessary to (a) conform to the edicts of the law or comply with
legal process served on Adept; (b)
protect and defend the rights or property of
Adept including, without limitation the security
and integrity of our network; or (c) act under exigent
circumstances to protect the personal safety of users of our
services or members of the public.
As our business grows, we may buy or sell
various assets. In the unlikely event that
Adept, one of its business units, or
substantially all of its assets are acquired by another company,
information about our visitors would be among the transferred
assets.
Security
Adept is committed to protecting
the security of your personal information. We use a variety of
security technologies and procedures to help protect your personal
information from unauthorized access, use or disclosure. For
example, we store the personal information you provide on computer
systems with limited access and which are located in controlled
facilities. When we transmit highly confidential information (such
as a credit card number) over the Internet, we protect it through
the use of encryption, such as the Secure Socket Layer (SSL)
protocol. Additionally, our synKro™ systems use applications and
storage that reside in the cloud provided by Microsoft Azure, which
uses the highest industry-accepted security practices. More
information is available at
http://azure.microsoft.com/en-us/support/trust-center/compliance/
.
As effective as modern security practices are,
no physical or electronic security system is impenetrable. We
cannot guarantee the complete security of our database, nor can we
guarantee that information you supply won't be intercepted while
being transmitted to us or by us over the Internet. We have
implemented security practices that we believe to be reasonable in
light of industry standards to ensure that your privacy is
safeguarded at every level of our organization.
Adept will continue to revise its security
policies and implement additional security features as new
technologies become available.
Location Information
To make wireless communications possible,
Adept's network knows the general location of
your wireless device whenever it is turned on. Your wireless device
sends out a periodic signal to the nearest radio tower/cell site so
that our network will know where to route an incoming communication
and how to properly bill for the service. This is necessary to make
wireless communications possible.
Your location information will only be used to
provide the service(s) or carry out the transaction(s) you have
requested or authorized. Adept does not
and will not track your location, and any request you make to
determine your location will not be paired by us with any
information that identifies you personally.
Your service may also be personalized using your
zip code or other location identifiers that you provided, such as
an address. We use this information to serve you relevant content,
and we treat the information like any other personal information
under this privacy policy.
The law permits us to disclose the call location
of a device on our network without a user's consent (1) to a user's
legal guardian or members of a user's immediate family in an
emergency situation that involves the risk of death or serious
physical harm, (2) to database management services or information
providers solely to assist in delivering emergency services, (3) if
we reasonably believe that an emergency involving immediate danger
of death or serious physical injury to any person requires or
justifies disclosure of a device's location on the network without
delay, and (4) in "aggregate" form. Aggregate data is collective
data that relates to a group or category of services or customers,
from which individual customer identities and characteristics have
been removed.
Adept and Kids
Adept takes care to protect the
safety and privacy of young people using our services, and
encourages you to participate in your child's experience in
cyberspace. We do not sell products or services to kids. Also,
federal law requires website operators who collect personal
information from children under the age of thirteen to first get
parental consent. Out of an abundance of caution, we do not
knowingly collect personally identifiable information from children
and teenagers under the age of 18 and Adept
does not wish to collect any such information.
You agree not to permit your child to use our
services without your consent and you agree not to permit your
child to provide us with information about him or her.
Parents, please note that if you grant consent for your child
to use our services, your child will be able to communicate with
other users of all ages. Before providing consent, please be aware
that your child will be able to disclose personal information (e.g.
name, address, e-mail, and phone numbers) on his or her own. We
encourage you to talk with your children about communicating with
strangers and disclosing personal information online.
Adept Spam Policy
Adept will deal with Spam
complaints seriously and will close spammer's customer accounts. We
may use customer information to investigate and prevent potentially
unlawful activity that threatens the service or network integrity
or otherwise violates the service agreement.
Spam is email that is sent against the wishes of
the recipient. There are two kinds. The first kind of spam concerns
individuals who email people that they don't know personally. The
second type of spam is sent by organizations to individuals who
have not expressed a desire to receive such communications. Both
kinds of spam are inappropriate.
Enforcement of this Privacy Statement
If you have questions regarding this statement,
you should contact Adept.
Privacy Policy Changes
If we decide to change our privacy policy, we
will post those changes here so that you will always know what
information we gather, how we might use that information and
whether we will disclose it to anyone. By continuing to use
Adept's service after we post any changes, you
accept and agree to this privacy statement, as modified. Of course,
our use of information gathered while the current privacy statement
is in effect will be consistent with the current statement, even if
we change that statement later.
TERMS OF SERVICE
Wireless Broadband Internet Service
Effective[7/12/ 2015]
THIS WIRELESS BROADBAND INTERNET SERVICE
AGREEMENT ("AGREEMENT") IS BETWEEN YOU AND
Adept ("Adept internet solutions
llp"). THIS AGREEMENT IS SOMETIMES REFERRED TO AS THE
"TERMS OF SERVICE". BY USING Adept'S
WIRELESS BROADBAND INTERNET SERVICE (THE "INTERNET SERVICE"), ANY
RELATED OPTIONAL SERVICES (THE "OPTIONAL SERVICES"), OR ANY
EQUIPMENT PURCHASED OR RENTED BY YOU FROM Adept ("EQUIPMENT"), (THE
INTERNET SERVICE AND THE OPTIONAL SERVICES ARE COLLECTIVELY
REFERRED TO AS THE "SERVICE"), YOU AGREE TO BE BOUND BY AND COMPLY
WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. THE
ADDITIONAL TERMS STATED IN YOUR ORDER CONFIRMATION (WHICH DETAILS
THE SERVICE PLAN(S) YOU HAVE AGREED TO PURCHASE) ARE INCORPORATED
HEREIN BY REFERENCE AND ARE PART OF THIS AGREEMENT.[5] ALL
PORTIONS OF THE TERMS OF SERVICE SET FORTH IN THIS AGREEMENT APPLY
TO EQUIPMENT AND SERVICES PROVIDED TO YOU BY THE COMPANY, UNLESS
OTHERWISE SPECIFIED.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT
INCLUDES MANY IMPORTANT TERMS, INCLUDING:
LIMITS AND DISCLAIMERS ON
Adept'S LIABILITY AND WARRANTIES;
THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM
TERM OF SERVICE;
FEES FOR EARLY TERMINATION;
THE REQUIREMENT THAT DISPUTES BE SETTLED BY
ARBITRATION, AND NOT BY LAWSUIT; AND
A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR
PARTICIPATION IN A CLASS ACTION.
1. Agreement Governing Use of
Service.
The current version of this Agreement (including
the Service Plans) can be found at
www.adept4u.com.Adept
reserves all rights including the right to revise, amend, or
modify this Agreement or any other Adept
policy at any time, by sending you an email notification to
the email address associated with your account. Such amendments or
modifications will become effective on the date we send them to you
by email if after receiving such email notice you continue to use
the Service or Equipment. Such continued use will constitute
your acceptance of any such amendments or modifications.
2. Term of the Service
Month to Month Subscriber - When you purchased a
monthly subscription, you will be able to use the Service for any
consecutive monthly period which has been paid in advance as
described in your Order Confirmation. For example, if you purchased
a month-to-month subscription and your billing cycle commences on
the eighth day of a particular month, then you will be charged on
the eighth day of the following month and each month thereafter
until your Service is terminated.
3. Terms Applicable to Adept
Service Accounts
Subject to applicable law, you expressly agree
that all applicable monthly subscription and/or other fees and
charges will accrue until this Agreement has terminated, the
Services have been disconnected, and all rented Equipment has been
returned to Adept. Monthly Service fees
will not be pro-rated. Upon termination or expiration of this
Agreement for any reason, Adept and its
suppliers reserve the right, to the extent permitted by applicable
law, to delete any voicemails, data, files, electronic messages or
other information stored on Adept's or
its suppliers' servers or systems. Adept,
its affiliates and their agents and suppliers will have no
liability whatsoever as the result of the loss of any such data,
names or addresses or other information.
From time to time, Adept
may reasonably require you to cooperate with and consent to
remote and/or on-site (i) service level verification and/or (ii)
troubleshooting by Adept. You agree that
failure to comply with our reasonable requests constitutes grounds
for termination of your Service.
4. Payments and Invoices/Metered
Billing.
You will make payments to
Adept for the Service and Equipment using your
credit, debit, or other acceptable bank card (the "Card") or
through an electronic funds transfer ("EFT") that debits funds
directly from a bank account that you designate. (Payment by EFT is
not an option for Adept Service accounts
at this time, and the terms set forth herein regarding payment by
EFT shall have no effect until such time as Company begins to
accept payment for Equipment and/or Services via EFT). You will
ensure that the Card and/or EFT-related information you have
provided to Adept is valid at all times.
Failure to provide valid Card information or Card status may result
in Service suspension or termination, late charges, re-activation
fees and other fees and charges attributable to you as a result of
your failure to timely pay your account balance(s). Fees and
charges for Service are contained in the Order Confirmation and
your invoice [6] on "My Account". (My Account is
Adept's web-based account tracking system that
allows you to view your account status, pay invoices, and make
other changes to your account profile at any time). As part of the
order process, or whenever you update your Card information on file
with us, Adept will pre-authorize one or
more charges on your account with your Card. The charge will be
related to the account activation and for the estimated amount of
the first month's service + tax plus any fees for account setup,
installation or other fees which are fully disclosed at the time of
purchase. Thereafter, Adept may or may
not send you a reminder to purchase another term of service on a
monthly basis for the Service, the Equipment (as applicable),
including any Optional Services (as applicable). Monthly charges
will be automatically charged to your Card or debited via EFT from
your e-check account on record in advance and as specified in any
applicable recurring payment plan you enter with
Adept. You expressly agree that
Adept may charge your Card all amounts
associated with your Adept account. You
will pay Adept all outstanding balances
when due.
5. Billing Disputes.
You must notify Adept
in writing no later than thirty (30) days after receiving
your Card or bank account statement if you dispute any
Adept charges on that statement or such dispute
will be deemed waived. Adept will resolve
all billing disputes in its sole discretion.
6. Delinquency/Late Fees.
a. Accounts not paid in full by the due date are
subject to suspension or termination by Adept.
In addition, Adept may terminate
your Service if your Card expires or the bank account is closed or
suspended and you have not provided Adept
with a valid replacement Card or EFT-related information. In
the event of such suspension or termination by
Adept, you will pay Adept
any outstanding fees and all collection costs and fees,
including reasonable attorneys' fees and late fees, incurred or
charged by Adept.Adept may,
but is not required to, reactivate your Service after Service has
been suspended or terminated. Before Service may be reactivated,
you must pay Adept all past due amounts
and late payment fees plus a reasonable suspension charge per
account to cover Adept's administrative
costs associated with the termination and applicable
taxes.
b. All delinquent charges and charges not
honored by your Card issuer or bank will be subject to a late fee
equal to 1.5% (or the highest amount allowed by law, whichever is
lower) of the delinquent amount(s) or $5 per month (or portion of a
month), whichever is greater. Except to the extent prohibited by
law, this late fee may be charged pending the resolution of any
disputes you may have raised regarding your invoiced charges,
provided however that any disputed charges which are resolved in
your favor will not be assessed a late fee or have the late fee
removed from the charges.
7. Availability of Service/Variation of
Performance/Maintenance Outages.
You acknowledge that Service, may not be
available in all areas, and even within coverage areas service
availability, quality, signal strength and network speeds may vary,
be lower than advertised or be insufficient for use of the Service.
You agree to provide Adept with the
correct address of your primary place of use, which will be used to
determine whether adequate coverage is available. You further agree
to promptly notify Adept of any changes
in the primary Service address. In order to provide the best
possible service to its customers, Adept
must perform maintenance on its network. In some cases this
may require Adeptto conduct
either a planned or unplanned interruption of the Service.
Adept will use commercially reasonable efforts
to schedule maintenance outages so as to minimize the impact on its
customers, but cannot guarantee that your Service will not be
interrupted, and cannot always give advance notice of such outages.
You acknowledge and agree that Adept
shall not be responsible for any losses or damages suffered
by you as a result of any Service interruptions due to maintenance
outages. Please see Section 11 (Credits) and Section 21 (Limitation
of Liability) of this Agreement for further restrictions on
Adept's liability for Service outages. Except as
otherwise provided in this Agreement, no refunds or credits will be
made for any Service outages.
8. Equipment Provided - Rent.
If you rent any Equipment from
Adept, you must return all rented Equipment in
good working order upon the termination or expiration of this
Agreement or upon Adept's request. If you
fail to return all rented Equipment in good working order,
reasonable wear and tear excepted, within thirty
(30) days after expiration of this
Agreement or by the date otherwise specified or requested by
Adept, you agree to pay
Adept a "non-return" fee for such Equipment,
which you acknowledge is a reasonable estimation of the repair or
retail value of the Equipment. In addition, if you do not return
the rented Equipment to Adept by the
required date, you agree to continue paying
Adept your monthly Service charges until you
return the Equipment.
You hereby irrevocably authorize
Adept to charge such amounts (the cost of the
Equipment and the monthly Broadband Internet Service charges) to
any Card or bank account you provide or previously have provided
to Adept for any purpose. You understand
that this authorization to charge your Card or bank account for
failing to return rented Equipment in good working order may not be
revoked even if you revoke authorization to charge your Card or
bank account for other purposes. Adept
may replace, upgrade, repair, or otherwise modify any rented
Equipment, and will repair or replace (in Adept's sole discretion)
any properly maintained rented Equipment that fails to operate as
required for the delivery of Service. You also acknowledge and
agree that the modem you are purchasing/leasing may be refurbished
equipment, and there shall be no offset, discount, or other
reduction in purchase or rent price.
You may not modify rented Equipment in any way
or sell, encumber, or otherwise transfer the Equipment to others.
This section, including all authorizations herein, will survive
expiration or termination of this Agreement for any
reason.
9. Equipment and Installation
Warranty.
Adept warrants to you that the
Equipment and its installation by Adept
will be substantially free from material defects, under
normal use in compliance with Adept's
instructions, for a period of 90 days from the date you receive the
Equipment or installation ("Limited Warranty"). This Limited
Warranty excludes any defects resulting from abuse, misuse,
neglect, theft, vandalism, fire, unusual physical or electrical
stress, water, extremes of temperature, an act of God, your failure
to comply with Adept's policies or other
instructions provided by Adept, actual or
attempted alteration of or additions to the Equipment not approved
by Adept, or any other cause beyond the reasonable control
of Adept , all as determined by
Adept (collectively, "Excluded Causes").
Repair or replacement, in Adept's
discretion, of the Equipment and performance of the
installation is Adept's only
responsibility, and your exclusive remedy, for breach of any
warranty regarding the Equipment or the installation, as
applicable. This Limited Warranty is personal to you, and will
terminate immediately upon the sale or transfer of the Equipment or
expiration or termination of this Agreement.
10. Support.
You may elect to use the troubleshooting guides
and user information provided by Adept or
available at: www.adept4u.com prior to
contacting Adept Customer Service
for assistance. In the event that you request a service call to
your Service location and Adept
determines that the problem is your responsibility, you
authorize Adept to charge your Card or
bank account or require you to otherwise pay for the cost of the
service call.
11. Credits.
No credit or adjustment will be made for
interruptions or degradations of the Service except as provided for
in this Section. In the event of an interruption of the Service
that continues for a period of twenty-four (24) hours or more, a
credit allowance will be made for an amount not to exceed the
prorated monthly charges for your Service during the affected
period provided that you request the credit in writing within
thirty (30) days of the commencement of
the interruption or degradation. The foregoing credit will be your
sole and exclusive remedy for any interruption or degradation of
the Service. No credit will be available if the interruption period
results from any Excluded Causes set forth in Section 9 (Equipment
and Installation Warranty) of this Agreement.
12. Network Management [7]
You acknowledge that performance and bandwidth
available to each computer or device connected to the network may
vary for reasons including, but not limited to the number of users,
computers or devices connected to the network, the amount of data
being transferred over the network, and available bandwidth. You
also agree that Adept reserves the right
to engage in reasonable network management to protect the overall
network, including detecting malicious traffic patterns and
preventing the distribution of viruses or other malicious code, and
through techniques such as limiting the aggregate bandwidth
available to bandwidth intensive users during periods of
congestion. While the determination of what constitutes excessive
use depends on the specific state of the network at any given time,
excessive use will be determined by resource consumption and not by
the use of any particular application. [8] For further information,
please refer to Adept's Acceptable Use
Policy, which may be amended from time to time.
Adept IS NOT A PUBLISHER OF
THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT THAT CAN BE
ACCESSED VIA THE SERVICE AND IS NOT RESPONSIBLE FOR ANY OPINIONS,
ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS
PROVIDED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE
SERVICES. Any information you involuntarily or
voluntarily provide to third parties is governed by their policies
or terms. The accuracy, appropriateness, content, completeness,
timeliness, usefulness, security, safety, merchantability, fitness
for a particular purpose, transmission or correct sequencing of any
application, information or downloaded data is not guaranteed or
warranted by Adept, its host network
provider or any content providers or other third party.
Neither Adept nor its content providers,
service providers or other third parties shall be liable to you for
any loss or injury arising out of or caused, in whole or in part,
by your use of any information, application or content, or any
information, application, or other content acquired through the
Service.
13. Acceptable Use Policy.
The Acceptable Use Policy is incorporated into
this Agreement and is a part of the Agreement.
Adept reserves the right to immediately restrict,
limit, suspend or terminate your Service or terminate this
Agreement for any violation of the Acceptable Use Policy, in which
case you will forfeit any unused Service and will not be entitled
to a refund.
14. Privacy.
Adept's Privacy Policy describes
how Adept may collect and use your
personally identifiable and other information.
15. Ownership; Software; No
Licenses.
The Service and rented Equipment, and any
firmware or software used to provide the Service that is embedded
in any Equipment or used in connection with the Service
(collectively "Software"); all Service information, documents and
materials delivered to you by Adept or located on
Adept's website (collectively "Information");
and all names, service marks, trademarks, trade names, logos and
domain names (collectively "Marks") of Adept
are and will remain the sole property of
Adept and nothing in this Agreement grants you
the right or license to use any of such Software, Information, or
Marks except for your nonexclusive use of the Software and
Information in connection with your personal use of the Service in
accordance with the Agreement.
The Software may be updated, downloaded, or
replaced by feature enhancements, software updates, system restore
software or data generated or provided subsequently by Adept or its
host network provider. Software is licensed, not sold, to you by
Adept and/or its licensors/suppliers for use only on your
Equipment. Your use of the Software shall comply with its intended
purposes as determined by us.
You are not permitted to use the Software in any
manner not authorized by us or that is prohibited by any license
applicable to the Software. You may not (and you agree not to
enable others to) copy, decompile, reverse engineer, disassemble,
reproduce, attempt to derive the source code of, decrypt, modify,
defeat protective mechanisms, combine with other software, or
create derivative works of the Software or any portion thereof. You
may not rent, lease, lend, sell, redistribute, transfer or
sublicense the Software or any portion thereof.
16. Tampering with the Equipment.
You must not use with the Service any Equipment
that has an altered electronic serial number or equipment
identifier or any Equipment that has undergone a factory reset
without the express written permission from
Adept. In addition, you may not use with the
Service any serviced, altered, modified, stolen, or tampered
Equipment, or permit any other person (unless authorized in advance
by Adept in writing) to do so. You
agree not to make any modifications or alterations to Equipment
without Adept's prior written approval.
17. Theft of the Service or Rented
Equipment.
You must notify Adept immediately, in writing or
by calling Adept Customer Service, if any
rented Equipment is lost or stolen or if you become aware at any
time that the Service is being stolen or fraudulently
used.
18. Termination/Discontinuance of
Service.
Adept may suspend or discontinue
providing the Service generally, or terminate your Service, either
in whole or in part, at any time in its sole discretion. If
Adept discontinues providing the Service
generally or terminates your Service for a reason other than your
breach of this Agreement, you will be responsible only for charges
accrued through the date of termination, including a pro-rated
portion of the final month's charges.
19. Disclaimer of Representations and
Warranties.
THE ONLY WARRANTIES BEING MADE BY
Adept WITH REGARD TO THE SERVICE AND
EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 9
OF THIS AGREEMENT. THE Adept
PARTIES (AS DEFINED BELOW) DISCLAIM ANY AND ALL OTHER
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE,
AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE
OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY
PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED
HEREIN, OR BY ANY Adept EMPLOYEES OR
REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND
NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY
Adept PARTIES. Adept
DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND
ON Adept internet solutions llp BEHALF
AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE EQUIPMENT.
THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT
APPLY TO YOU IN WHOLE OR IN PART.
20. Limitation of Liability.
(A) IN NO EVENT SHALL ANY OF THE
Adept PARTIES BE LIABLE OR OBLIGATED IN
CONNECTION THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT,
TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY,
BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY:
(I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE
OF THE FEES PAID TO Adept FOR THE APPLICABLE SERVICE OR EQUIPMENT
HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING
THE OCCURRENCE GIVING RISE TO LIABILITY;
(II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE
GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS;
(III) FOR ANY LOSS OR CORRUPTION OF DATA,
DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO
THE INTERNET, INABILITY TO MAKE OR COMPLETE CALLS USING THE
INTERNET PHONE SERVICE[9] , OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR
THE SERVICE LOCATION;
(IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS;
(V) FOR ANY LACK OR BREACHES OF SECURITY OF THE
SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER'S
DATA; OR
(VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR
FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE
Adept'S REASONABLE CONTROL.
(B) THE EXCLUSIONS AND LIMITATIONS IN THIS
SECTION SHALL APPLY WHETHER OR NOT Adept
WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF
DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF
YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE
ANY OTHER DISPUTE WITH Adept, OR CLAIM AGAINST
Adept, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL BE LIMITED TO
THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE AMOUNT AND BY
THE EXCLUSIONS SET FORTH IN THIS SECTION. THE LIMITATIONS AND
EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR
EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR
OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN
PART.
21. Complaint Resolution/Notices.
All complaints must be sent to
Adept Customer Service at the address set forth
at www.adept4u.com or by calling 509-684-7897][10] . Adept may
require you to describe the complaint in writing. Written notices
to you from Adept will be deemed given:
(i) when sent to the email address specified on your Order
Confirmation, or such other email address you specify in writing,
with at least thirty days prior notice, (ii) three (3) days
following the date deposited in the U.S. Mail addressed to your
last known address as kept in Adept's
files, or (iii) the date of delivery or rejection when sent by a
nationally recognized courier. You are responsible for
notifying Adept of any changes in your
email and/or mailing address. Written notice to
Adept will be effective when directed
to Adept's Customer Service Department and
received at the address set forth at
[URL]. Except as provided in this Agreement,
notices must be in writing to be effective. You also agree that all
correspondence and notice sent to you by
Adept, including account statements, account
status, payment and billing information, and changes to terms of
service, will be sent by Adept
electronically to the last email address provided by
you.
22. Indemnification.
You will defend, indemnify, and hold
harmless Adept and its affiliates, the
agents and suppliers of each, and any of their directors, officers,
employees, agents, and shareholders and any other service provider
or supplier (collectively, the "Adept
Parties") against any and all claims, losses, damages,
and liabilities arising from or in connection with the use or
misuse of the Service or Equipment by you or by any person you
allow to use the Service or Equipment, or any breach of this
Agreement by you or associated with
Adept's installation of Equipment, including,
but not limited to, claims by any owner of the Service location.
You also agree to reimburse the Adept Parties and pay
each Adept Party's reasonable attorneys'
fees and costs related to defending such claims and related to
enforcing this Agreement, including any such fees incurred in
connection with any appeal. This section will survive termination
or expiration of this Agreement for any reason.
23. Assignment and Successors in
Interest.
All of the provisions of this Agreement will be
binding upon, inure to the benefit of, and be enforceable against
your respective successors and permitted assigns. Except as
specifically stated herein, you may not assign this Agreement or
any of your rights, interests, or obligations without the prior
written consent of Adept. Any such assignment without consent will
be void. The Company may assign this Agreement, in whole or
in part, without your consent.
24. Entire
Agreement/Severability.
This Agreement consists of these terms and
conditions, the Order Confirmation, and your Service Plan (each as
they may be amended from time to time) and represents the entire
agreement and understanding of you and Adept regarding the subject
matter of this Agreement and supersedes all other representations,
whether electronic written, or verbal, regarding the subject matter
herein.
In the event this Agreement is inconsistent with
any document incorporated herein by reference or any other
agreement between you and Adept, this Agreement will control,
unless Adept has expressly stated or
agreed otherwise. In the event that a court of competent
jurisdiction determines, in a final non-appealable judgment, that
any provision of this Agreement is invalid, illegal, or otherwise
unenforceable, such provision will be deleted and the remainder of
this Agreement will remain in full force and effect and shall be
enforced as nearly as possible in accordance with the stated
intention of the parties
25. Arbitration; Choice of Law; Statute of
Limitations; Jury and Class Action Waiver.
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF
THE STATE IN WHICH YOU RESIDE WITHOUT REGARD TO CHOICE OF LAW
PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN
YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND
ANY ACTION TO COLLECT AMOUNTS DUE TO Adept UNDER THIS AGREEMENT,
WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL
BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL
RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN
EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE
SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH
THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL
CONDUCT THE ARBITRATION. THE DECISIONS OF THE
ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED
AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY
COURT HAVING COMPETENT JURISDICTION. UNLESS YOU AND WE AGREE,
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. THIS PROVISION
WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT
JURISDICTION. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN
THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY
AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER
DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU AND
Adept WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY
CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR
EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES ANY RIGHT TO,
PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION),
EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A
PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS
OF ANY OTHER PERSON. YOU AND Adept AGREE THAT ANY CLAIM ARISING OUT
OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED
WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE
PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT
Adept FROM SEEKING CONSERVATORY, PROTECTIVE OR
INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL
PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE
OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY
AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT
THAT ANY OF THE TERMS IN THIS SECTION IS HELD TO BE IN CONFLICT
WITH A MANDATORY PROVISION OF APPLICABLE LAW, THE CONFLICTING TERM
OF THIS SECTION SHALL BE MODIFIED AUTOMATICALLY TO COMPLY WITH SUCH
PROVISION AND THE REMAINDER OF THIS SECTION 24 SHALL NOT BE
AFFECTED.
VISITOR AGREEMENT
Introduction
Welcome to the Adept
web site. This web site is a service of
Adept and its affiliates
("Adept"). By using this web site, you
agree to the terms of this visitor agreement ("Visitor Agreement").
You should read this Visitor Agreement carefully. If you don't
accept the terms of this Visitor Agreement, please don't use
the Adept web site. Each time you use
this web site in the future, you agree to the terms of the Visitor
Agreement as it exists at the time of your use.
Use
You may view, copy or print pages from this site
solely for personal, non-commercial purposes, provided that you
maintain all copyright notices, trademark legends and other
proprietary rights notices. Any other use is prohibited. You may
not use, modify, copy, print, display, reproduce, aggregate,
distribute or publish any information from this site for any other
purpose without Adept's written
permission. Adept may make changes to this site or to the services
or products described in this site at any time, without
notice.
You shall not use this web site in any way that,
as determined by Adept in its sole
discretion, violates any applicable law or any third party's
property rights, or that restricts or inhibits any other user from
using this web site. You shall not post on or transmit through this
web site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially or ethnically objectionable, or otherwise objectionable
material of any kind, including any material that encourages
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate applicable laws.
The Adept shall determine in its
sole discretion whether you have violated the foregoing
restriction.
Any conduct, communication, or content that, in
the sole discretion of Adept, (i)
violates applicable law, or (ii) is harmful or objectionable to
individual users or to Adept, or (iii)
infringes any rights of Adept or any
third party, is prohibited. We cannot ensure prompt removal of
questionable content after online posting, however. Adept and its
representatives do not assume liability for any action or inaction
with respect to conduct, communication, or content on this web
site.
Purchase of Service
All purchases and use of services or products
through the Adept web site are governed
by our Adept Terms of Service, our
Acceptable Use Policy, and other policies set forth on our web
page. Please read them before making a purchase or any use. To
learn more about Adept services and
products, you can visit our web site.
No Guarantee of Reliability or
Security
We try to provide accurate information through
our web site, but we do not guarantee, and are not responsible for,
information you find on our web site. Adept
does not endorse any particular third parties, or their
sites, merely because we provide a link to their web
site.
Adept uses reasonable precautions
to protect the privacy of your personal information, such as credit
card and other ordering information, but Adept
does not guaranty the security of your information. Adept
utilizes a Secure Socket Layer ("SSL") connection. Accordingly,
your credit card and other ordering information, such as your name
and address, is encrypted using the SSL connection and is not
expected to be read in an intelligible form as it travels to
the Adept order processing system. As
effective as modern security practices are, no physical or
electronic security system is impenetrable. We cannot guarantee
that information you supply won't be intercepted while being
transmitted to us or by us over the Internet. If your browser does
not support the use of an SSL connection or if you prefer not to
send your credit card number over the Internet, you can place your
order by calling Adept at 509-684-7897.
You must protect your username and password. Please log off
before closing the browser window if you access your account from a
public computer.
To obtain access to certain services through the
Adept web site, you may be given an opportunity to register
with Adept. As part of any such
registration process, you will select a member name and password.
You agree that the information you supply during that registration
process will be accurate and complete and that you will not
register using a fictitious name or under the name of, nor attempt
to enter our site under the name of, another person.
Adept reserves the right to reject or terminate
any member name that it deems offensive. You will be responsible
for preserving the confidentiality of your password and will notify
Adept of any known or suspected unauthorized use of your
account.
Ownership of Information
"Adept" and our logo are trademarks of Adept
internet solutions llp and/or its
affiliates. All other trademarks, product names, and company names
and logos appearing on this web site are the property of their
respective owners. You must obtain permission from those owners
before copying or using the owner's trademarks, product names and
company names and logos.
With the exception of website content provided
by Adept, the information, data,
software, photographs, graphs, videos, graphics, music, sounds,
page headers, custom graphics, button icons, and other materials
contained in this web site (collectively, the "Content") are
protected by copyrights, trademarks, trade secrets and other
proprietary rights. These rights are valid and protected in all
forms, media and technologies now existing or hereafter developed.
In addition, this web site is copyrighted as a collective work
under the U.S. copyright laws, and LocaLoop, Inc. owns a copyright
in the selection, coordination, arrangement, and enhancement of all
content. You may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in
whole or in part.
Content Submissions
Certain portions of this web site may allow you
to post or upload comments, messages, materials, information, or
other content (collectively, "User Generated Content").
Adept has no obligation to review User Generated
Content posted and/or submitted by any persons accessing this web
site. Adept is not in any manner
responsible for User Generated Content, it does not guarantee the
accuracy, integrity or quality of User Generated Content, and it
cannot assure that harmful, inaccurate, deceptive, offensive,
threatening, defamatory, unlawful or otherwise objectionable User
Generated Content will not appear on this web site. You acknowledge
that by providing you with the ability to access and view User
Generated Content on this web site, Adept
is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any
User Generated Content or activities of users on this web site.
Without limiting the generality of the foregoing, you acknowledge
and agree that the information, materials and opinions expressed or
included in any User Generated Content are not necessarily those of
Adept.
You acknowledge and agree that
Adept has the absolute right, but not the
obligation, to monitor User Generated Content posted to this web
site in its sole discretion. In addition, Adept reserves the right
to alter, edit, refuse to post, or remove any such User Generated
Content, in whole or in part, for any reason or for no reason, and
to disclose such User Generated Content and the circumstances
surrounding their transmission to any third party. You agree
that Adept does not have any obligation
to use or respond to any User Generated Content.
You may not post or otherwise distribute User
Generated Content to this web site which Adept
in its sole discretion determines to be abusive, harassing,
threatening, defamatory, obscene, an impersonation of others,
fraudulent, deceptive, misleading, in violation of a copyright,
trademark or other intellectual property right of another, invasive
of privacy or publicity rights, in violation of any of Adept's
other rights, illegal, or otherwise objectionable to
Adept. You may not upload commercial content on
this web site or use this web site to solicit others to join or
become members of any other commercial online service or other
organization. You may be required to register and/or agree to
additional terms of use prior to being permitted to post or
otherwise distribute User Generated Content to this web site. You
shall indemnify and hold Adept harmless
with respect to all claims resulting from User Generated Content
you supply.
Your User Generated Content is not confidential
or proprietary. When you post User Generated Content to this web
site, you authorize Adept to make such copies thereof as it deems
necessary in order to facilitate the posting and storage of the
User Generated Content on this web site. You grant to
Adept a non-exclusive, irrevocable, worldwide,
perpetual, royalty-free right to use, reproduce, distribute,
transmit, create derivative works, publicly display any of your
User Generated Content in any manner or media now or later known,
including but not limited to the right to sublicense and assign and
commercialize the User Generated Content without any compensation
due to you. Adept does not assert any ownership over your User
Generated Content; rather, as between Adept and you, subject
to the rights granted to Adept in this
Visitor Agreement, you retain full ownership of all of your User
Generated Content and any intellectual property rights or other
proprietary rights associated with your User Generated
Content.
You agree that you shall immediately
notify Adept in writing of any
objectionable content appearing on this web site.
Adept will make good faith efforts to
investigate allegations that any User Generated Content violates
this Visitor Agreement but (a) makes no warranty to you that it
will edit, remove, or continue to permit the display of any
specific User Generated Content, whether or not subject to such
allegations, and (b) will have no liability whatsoever for editing,
removing, or continuing to permit the display of any User Generated
Content. Any use of any content on the Website, including without
limitation User Generated Content, will be at your own
risk.
No Warranties
THE INFORMATION PROVIDED AT OR THROUGH THIS WEB
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
NON-INTERFERENCE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER Adept
NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THIS WEB SITE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE
DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL
ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE FROM VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR
DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
This web site may be temporarily unavailable for
scheduled or unscheduled maintenance, equipment modifications or
upgrades, and for other reasons within and outside of the direct
control of Adept. You are responsible for
implementing sufficient procedures to satisfy your particular
requirements for the accuracy of information obtained through this
web site. Although Adept employs security
measures, Adept cannot guarantee the
security of this web site or information provided through this web
site, or viruses, worms, Trojan horses or other code that manifests
contaminating or destructive properties will be detected or
remediated by Adept.
Limitations on Adept Liability;
Indemnification
NOTWITHSTANDING ANYTHING ELSE IN THIS VISITOR
AGREEMENT, NEITHER Adept NOR ITS AFFILIATES OR LICENSORS WILL
BE LIABLE OR OBLIGATED UNDER THIS VISITOR AGREEMENT OR UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED
USE OF THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
LOST PROFITS, OR FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB
SITE OR STORAGE OF YOUR DATA.
These limitations apply whether the claim is
based on breach of contract, breach of warranty, negligence,
product liability, or any other basis, and apply whether or
not Adept was informed of the likelihood
of any particular type of damages. If you are dissatisfied with
this web site, or if you have any other dispute with Adept relating
to this web site, then your sole and exclusive remedy is to
discontinue using this web site. Some of the disclaimers and
exclusions in this Visitor Agreement may not apply to you because
some states do not allow the disclaimer of certain warranties or
the exclusion of liability for consequential or incidental damages.
In any such case, the liability of Adept shall be limited to the
greatest extent permitted by law.
You will defend, indemnify, and hold
harmless Adept against any and all
claims, losses, damages, and liabilities arising from or in
connection with the use or misuse of this web site. This
section of the Visitor Agreement shall survive its termination for
any reason.
Miscellaneous
This Visitor Agreement has been made in and will
be construed in accordance with the laws of the State of Minnesota.
By using the Adept web site, you consent
to the exclusive jurisdiction of the state and federal courts in
Minnesota, in all disputes arising out of or relating to this
Visitor Agreement and your use of the web site. Any cause of action
or claim you believe you may have with respect to the web site or
any Adept service or product obtained through the web site must be
brought within one (1) year after the alleged claim or cause of
action arises. Any failure to insist upon or enforce strict
performance of any provision of this Visitor Agreement will not be
construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice will act to
modify any provision of this Visitor Agreement.
We reserve the right to suspend service or deny
access to our site for any reason. Neither such termination of
access, nor any action or inaction by you or any other user of this
web site, shall suspend or terminate your obligations under this
Visitor Agreement.
© 2015 Adept. All rights
reserved.