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TERMS OF SERVICE

 

Service Agreement

Last modified:  March 1, 2024

 

THESE TERMS AND CONDITIONS CONTAIN A LIMITATION OF LIABILITY AND REQUIRE THE USE OF BINDING ARBITRATION TO RESOLVE DISPUTES IN PLACE OF JURY OR BENCH TRIALS AND INCLUDES RESTRICTIONS ON THE USE OF CLASS ACTION LAWSUITS OR CLASS ARBITRATION ACTIONS.

 

Glo Fiber is excited that you have selected us as your residential service provider. By signing up for the Services, you agree to be bound by these terms and conditions (the “Terms of Service” or this “Agreement”). You also represent that you are at least eighteen (18) years of age and have the full capacity to enter into this binding agreement on behalf of yourself and anyone authorized to use the Services. By purchasing or activating the Services, or downloading, installing, using, visiting or browsing on the App or Pay-TV Service, you agree: (a) that you have read and understand this Agreement and agree to its terms; and (b) you agree to take responsibility for the actions of any other individuals whom you allow to use the Services.

 

Company may from time to time make changes to the Terms of Service. Revisions shall be effective immediately; provided, however, for existing users, material revisions will be effective 30 days from posting, unless otherwise stated. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the any of the Services following the date from which you receive a Notice of such revision or the modified or Terms of Service are posted here.

 

The Company may change pricing at any time, but will always provide Customers with written Notice at least thirty (30) days before any such changes go into effect, unless the change results from circumstances outside Company’s control (e.g., failed retransmission consent or program negotiations) during the last 30 days of a contract), in which case notice shall be provided as soon as possible using any reasonable written means at the Company’s sole discretion, including use of a channel slate.

 

As a condition of receiving the Services, you agree to accept certain disclosures, notices, and communications (collectively, “Notices”) in electronic form, which may include: i) posting on the Glo Fiber website; emailing to the email address of record associated with your account, which you must provide to the Company; push-notifications or other communications via the App, posting to your online account, or notifications given to you in-browser. Notices may include: updates and modifications to policies associated with the Services as well as these Terms of Service, payment authorizations and transaction receipts, account statements, questionnaires and marketing materials relating to the Services or other related services, and any other notices relating to your account (including any updates to the rates and fees). You will need access to a computer or mobile device that connects to the internet, current web browser, and access to your email account in order to view and print Notices.

 

Contents

1. Definitions

2. Installation

3. Your Account

4. Billing and Payments

5. Pay-TV Service

6. Glo VoIP

7. Fiber to the Home (FTTH) Services

8. Privacy

9. Update and Testing

10. Trademarks and Other Intellectual Property

11. Copyright Infringement

12. Third Party Services

13. Arbitration

14. NO WARRANTIES

15. LIMITATION OF LIABILITY

16. Indemnification

17. Third Party Claims

18. Miscellaneous

 

1. Definitions

As used in this Agreement, the following definitions apply:

 

1.1 “App” means the application available to the Customer which enables use of the Pay-TV Service.

 

1.2 “Content” means content provided by the Company or its third party licensors or suppliers and accessible on the Pay-TV Service, including without limitation video programming, photographs, animations, audio, music, and text in any format. This includes over-the-top (OTT) video programming and online streaming services accessible via the App.

 

1.3 “Company”, “Glo Fiber” or “we” or “us” or “our” refers to Shenandoah Cable Television, LLC d/b/a Glo Fiber.

 

1.4 “Customer” or “you” or “yours” or “user” refers to the subscriber to the Service and includes anyone accessing the Service through the App and your account;

 

1.5 “Equipment” means fiber optic cable and any other equipment necessary for the provision of Services by the Company to the residential premises of Customer. “Equipment” does not include any router or other device used in connection to the Services that you purchase separately.

 

1.6 “Pay-TV Service” refers to the Internet Protocol TV (IPTV) Service offered by Company to subscribers and the App that enables the Pay-TV Service.

 

2. Installation

2.1 You agree to allow the Company to access your residential premises in order to install the Equipment necessary to provide the Services. We may need to affix Equipment on the inside or outside of your premises, which may include the need to drill holes or utilize existing wiring or conduits. If you do not own the property, you represent that you have acquired any necessary permission from the property owner to allow installation of Equipment and will hold the Company harmless from any legal action taken by the property owner. If the Company determines that separate permission from the property owner is necessary, we may condition installation on receiving such additional permission.

 

2.2 Title to the Equipment will at all times remain with the Company, its successors or assigns. The Customer further understands and agrees that any and all Equipment installed or provided by the Company shall remain the property of the Company. The Customer does not own the Equipment and any time service is disconnected, the Customer must return the Equipment to the Company or the Customer will be charged for the full value of the Equipment.

 

2.3 You agree to grant the Company the right to trim, cut, or remove any trees, brush, or other obstruction on the premises which interfere with the Company’s ability to install the Equipment. You acknowledge that you are responsible for marking and communicating any private utilities to Company prior to installation.

 

2.4 The Company intends to provide quality service to as many customers as possible, but it may be the case that the Company will require an installation or construction fee in order for certain locations to receive the Services. Any such fee will be communicated to you in advance of any installation.

 

2.5 You will need a Wi-Fi router in order to access the Services. You may either purchase your own router as long as it is compatible with the Services, or you may lease one from the Company. If you lease a router from the Company, and in the event you cancel services, if services are terminated or disconnected, or if you desire to make an exchange for another router, you will be required to return the router to the Company or you will be charged for the full value of the router.  The Company may periodically run a promotion offering the Wi-Fi router free for a promotional monthly term. Once the promotional monthly term ends, you will be charged the listed monthly rate on your bill for leasing the router at that time. For a full listing of compatible devices, you may visit support.glofiber.com.

 

3. Your Account

3.1 We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a User ID that will be associated with your account. You will also be able to select a password to access your online account with your User ID. Your User ID and password are your credentials to give you access to the Company’s network. You must provide complete and accurate information about yourself and update this information as necessary. You may not have a User ID that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any User ID that we determine in our discretion is unacceptable for use on the network. You are responsible for keeping your password confidential, as well as for the access or use of your User ID and password by others.

 

3.2 The Company reserves the right to suspend or terminate the Services and your account at any time if we determine or suspect that you have violated these Terms of Service or any of the relevant policies, or for any other reason in the Company’s sole discretion.

 

4. Billing and Payments

4.1 Billing will be conducted in accordance with the terms of your order for Services and the selections you make in your account profile. You may cancel the Services at any time by calling 1-833-926-8456. Monthly fees will be charged one month in advance. Monthly service charges will be pro-rated if you cancel service.

 

4.2 Payment. Payment is due within twenty (20) days of the invoice date. Accounts unpaid twenty (20) days after the invoice date may be subject to a late fee (as indicated on your invoice) and may have service terminated or disconnected. Such termination does not relieve you of your obligation to pay the amount owed. Returned checks are subject to a twenty five dollar ($25.00) charge.

 

4.3 If you default on payment, you agree to pay the amount owed and reasonable expenses, including attorney fees, court costs, service fees and collection agency fees, incurred in enforcing its rights under the Terms of Service. Monthly fees will be charged one month in advance.

 

4.4 Payments may be mailed to Glo Fiber at P.O. Box 740573, Cincinnati, Ohio 45274-0573 or brought into one of our business office locations, a list of list of which may be found at: https://support.glofiber.com/expresshelp/billing-and-account/what-are-glo-fibers-office-hours-and-locations. The Company also offers automatic payment services, by which Customers may pay their bill by using a debit or credit card. An online bill payment option is also available.

 

4.5 Deposits. If you are unable to establish a satisfactory credit rating with Glo Fiber or if your credit rating becomes impaired, you may be required to make a suitable cash deposit to be held as security for the payment of bills. These deposits shall be reviewed after six (6) months. If a satisfactory credit rating has been established, the deposit, including interest required by law, will be credited to the subsequent bill, or if requested by you, refunded by check.

 

4.6 Dispute Period. Any dispute regarding charges to your account must be lodged with the Company within thirty (30) days of the invoice date , or you will be deemed to have accepted the charges.

 

4.7 Taxes, regulatory fees, E911 fees and  other fees imposed by government agencies  are not included in your monthly fee for Services. These charges will be separately itemized on your monthly invoice. These fees are subject to change without notice and may vary by city, municipality, state, region and country. Other non-regulatory fees, permitted by Federal Rules and Regulations, may also be itemized on your monthly invoice.  Such non-regulatory fees may be changed at any time, with thirty (30) days prior notice to the Customer.

 

5. Streaming TV Service

5.1 Section 5 of the Terms of Service only apply to you if you elect to receive Streaming-TV Service as part of the Services package you receive from the Company.

 

5.2 The Streaming-TV Service includes different subscription packages for which payment of a subscription fee is required to access Content available as part of those packages. You can find the specific details regarding your subscription package at any time by calling 1-833-926-8456.

 

5.3 The availability of the Streaming-TV Service is limited to the Company’s network at the residential premises designated on your account and is not available as a streaming service over the public Internet. Company may use any technology available to the Company to verify the Customer’s geographic location in order to provide the Services and implement these restrictions.

 

5.4 You may create one or more “Profiles” on the App. Profiles allow various household members to personalize their Content, recommendations, and watch histories. Even if you create multiple Profiles, they are accessible, modifiable and may be deleted by anyone using the App; therefore, you should inform household members if you do not desire for them to edit, delete or modify your Profile.

 

5.5 You must receive the Company’s broadband Internet services in order to subscribe to the Streaming -TV Service. Individuals under the age of eighteen (18) may utilize the Streaming -TV Service only with the consent and under the supervision of a parent or legal guardian. If you stop subscribing to the Company’s broadband network, it will result in cancellation of the Streaming -TV Service.

 

5.6 You must provide a compatible streaming media device to access the Streaming -TV Service and App. Visit support.glofiber.com for the latest list of streaming media devices compatible with the Streaming -TV Service. This list is provided for information purposes only and is not a guarantee or warranty by us that the listed device will work with the Streaming -TV Service. By using the Streaming -TV Service and App, you agree to look solely to the entity that manufactured or sold you the device for any issues related to the device and its compatibility with the Streaming -TV Service.

 

 

5.7 You understand that the Streaming -TV Service may include, and the App may allow you to access, Content that may be considered offensive, indecent, explicit, or otherwise objectionable. This Content may or may not be identified as being objectionable including, but not limited to, explicit language or imagery. Company shall have no liability the inclusion of such Content. Any content descriptions, genres, or other categories are provided for your convenience, and as the Company does not guarantee their accuracy or assume any obligation to provide same. You also understand that video content resolution is affected by many factors, and as a result no specific resolution is guaranteed.

 

5.8 There are many factors that can affect the cost and availability of certain Content. Company may add, delete or otherwise change  program packaging, selection, arrangement, pricing and/or any other factors or aspects of the Streaming -TV Service and the Content, but Company will always strive to provide you with Notice at least thirty (30) days in advance before such changes go into effect. Some programming and sports events may be blacked out in your area. These blackout restrictions are determined by third parties other than Company and the Company is not responsible for same. Some programming may be unavailable for certain features of the Streaming -TV Service and therefore the Company DOES NOT WARRANT THE AVAILABILITY OF THE CONTENT OR THE CARRIAGE OF ANY SPECIFIC PROGRAMMING.

 

5.9 The Streaming -TV Service and App are intended for non-commercial use only. You may not use the Streaming -TV Service or App for viewing in areas open to the public, or in a commercial area, and you may not charge admission for viewing any of the Content. You agree not to use the Streaming -TV Service, directly or indirectly, for any unlawful purpose, including violation of the U.S Copyright laws through the use, production, rebroadcasting, redistributing, or copying of any of the Content. Customer may not, under any circumstances: (i) enable the use of the App on a device not authorized under the Terms of Service; (ii) use the App or Content to develop, design or create any service designed to replace or be used in connection with the Streaming -TV Service or the App, product or software offered by Company or its licensors; (iii) use any proprietary information or intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (iv) circumvent, disable or tamper with the App or the Content; (v) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App or Content; or (vi) use the Streaming -TV Service in any manner not intended by this Agreement as determine by the Company in its sole discretion.

 

5.10 The number of devices available for use and the maximum simultaneous streams allowed may change from time to time at Company’s sole discretion.  Company currently includes three (3) simultaneous streams per household. Additional streams and DVR service may be purchased by calling 1-833-926-8456.

 

6. Glo VoIP

6.1 This Section 6 of the Terms of Service shall only apply to the Customer if the Customer  elects to receive residential home phone services as part of the Services package you receive from the Company. The Company provides phone services using Voice over Internet Protocol (“VoIP”) , which operates over the same network you use to connect to the Internet.

 

6.2 Pricing and features of the Glo VoIP Service are available at support.glofiber.com and are subject to change. Use is subject to the Company’s Acceptable Use Policy (AUP) which shall is available at glofiber.com/en/acceptable-use-policy. International calls may be subject to additional charges, such as, but not limited to, any toll fraud charges (i.e., calls that originate or pass through Customer’s equipment whether authorized by the Customer or not). All calls are rounded to the next highest minute and billed accordingly, if applicable.

 

6.3 IMPORTANT NOTICE REGARDING VOIP – 911 AND EMERGENCY ALERTS

 

Calls to 911 may be unavailable if you are experiencing a power outage or if you are otherwise unable to access the Internet due to network congestion, other issues such as fiber cuts, or termination or suspension of your account. You are responsible for providing the electrical power necessary for the Glo VoIP service to function. The Company will make a battery backup feature available to you or offer you the opportunity to purchase a backup battery that is compatible with the Equipment. You are responsible for monitoring the battery’s charge and configuration.

 

Calling 911 using VoIP works differently than traditional wireline calls to 911. VoIP 911 calls may not connect to the Public Safety Answering Point (PSAP), or may improperly ring to the administrative line of the PSAP, which may not be staffed after hours, or by trained 911 operators. VoIP 911 calls may correctly connect to the PSAP, but not automatically transmit your phone number and/or location information. You may need to provide your location information clearly to the PSAP. Certain added features such as call forwarding and do not disturb may affect a PSAP’s ability to call you back on the phone from which you dialed 911.

 

6.4 YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ERRORS, INTERRUPTIONS, OMISSIONS, DELAYS, DEFECTS, OR FAILURES OF 911 SERVICES WHETHER CAUSED BY OUR NEGLIGENCE OR OTHERWISE. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATIONS CONTAINED IN THE TERMS OF SERVICE.

 

7. Glo Fiber to the Home (FTTH) Services

7.1 The Company provides fixed broadband Internet access to residential customers in the areas listed on its website. Information about the various available speeds and packages are available at glofiber.com.

 

7.2 In order to provide each of our customers with an excellent experience, Company  engages in certain network management practices. For a description of what management practices the Company  implements, as well as more information about the technologies Company  uses to provide the Services, please visit shentel.com/en/legal.

 

7.3 Unlawful, harassing, or other misuse of the Services is prohibited. Your use of the FTTH Services is subject to the AUP, which is incorporated into and expressly made a part of these Terms of Service. For a copy of the AUP, which may be updated from time to time, please visit glofiber.com/en/acceptable-use-policy.

 

8. Privacy

Collection and use of your information are addressed in the Company’s Privacy Policy, the terms of which are incorporated by reference herein and apply to your use of any of the Services. Please review our Privacy Policy to understand our practices at glofiber.com/en/privacy-policy. 

 

9. Update and Testing

We may update and test any element of the Services, including the Content on a regular basis. You understand that by using any of the Services, you agree to be included in such testing without notice. Testing may be done to any aspect of the Services, and may include, but not be limited to,  service level, the App, the Pay-TV Content, the website, user interfaces, plans, promotional features, and delivery.

 

10. Trademarks and Other Intellectual Property

10.1 By subscribing to and using any of the Services, you may be required to utilize the following, which is collectively referred to as “Software”: i) software, firmware, or other technology owned or operated by the Company, including, but not limited to, the App and any other applications that are hosted or downloaded and otherwise used in connection with the Services; ii) technology, software, documentation, features, functionalities, content, updates, upgrades, bug fixes or enhancements used in connection with the use of, or otherwise related to the Services; and iii) updated versions of the Software, as applicable. Certain Software may be subject to an End-User License Agreement, or “EULA”. Your use of such Software will be governed by the EULA where applicable. For Software for which a EULA does not apply, the Company or its licensors will grant you a revocable, nonexclusive, nontransferable license to use the Software in the territory for the purpose of utilizing the Services in accordance with applicable law and these Terms of Service.

 

10.2 You may not: i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software for any purpose; ii) modify, adapt, improve, or create any derivative work from the Software or other intellectual property made available to you in connection with the Services; iii) remove or alter any copyright or trademark notice of Company or its collaborators, suppliers or licensors; or iv) use the Software for any other purpose for which it is not designed or intended.

 

10.3 The Software (including its source and object code), any copies thereof (whether or not present on your device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with the Company’s provision of the Services are the property of Company or its collaborators, licensors, or suppliers. Company and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to the Software, disable access to the Software, or require the return of the Software (or any copy thereof), at any time without notice, and Company and its collaborators, licensors, and suppliers will have no liability for doing so. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to the Software or any component thereof by any legal theory, including but not limited to implication and estoppel.

 

 

10.4 The Software may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that your right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable license to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.

 

11. Copyright Infringement

It is the policy of Company to expeditiously respond to clear notices of alleged copyright infringement and terminate the accounts of repeat infringers according to the process set forth in the Digital Millennium Copyright Act. Company has designated the following agent to receive notifications of claimed infringement at the address set forth below:

 

Shenandoah Cable Television, LLC d/b/a Glo Fiber

Attn: Derek Rieger

VP/General Counsel

P.O. Box 459

Edinburg, VA 22824

 

12. Third Party Services

The Company shall not be liable for any charges or any other liability incurred by you in connection with your use of the products or services provided to you by third parties, including but not limited to apps, software and other paid or unpaid services. Any unauthorized or disputed charges would have to be taken up directly with the third party. This applies to your purchase of premium Content or Pay-per-View services that may be made available to you.

 

13. Arbitration

THE PARTIES AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN CUSTOMER AND COMPANY, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, EQUIPMENT, SERVICE OR ADVERTISING PROVIDED BY THE COMPANY. ADDITIONALLY, THE PARTIES AGREE NOT TO PURSUE ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT ON A CLASSWIDE BASIS; MEANING, THE PARTIES AGREE THAT ANY ARBITRATION RELATED TO OR ARISING OUT OF THIS AGREEMENT WILL BE SOLELY BETWEEN YOU AND THE COMPANY (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL’S CLAIM). SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE (3) ARBITRATORS AT A LOCATION IN SHENANDOAH COUNTY, VIRGINIA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH CUSTOMER AND COMPANY AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. PROVIDED, HOWEVER, COLLECTION MATTERS OF $1,500 OR LESS IN ALLEGED VALUE (BEFORE COSTS, INTEREST AND ALLOWABLE ATTORNEYS’ FEES, IF ANY) FOR SERVICE MAY BE FILED IN ANY SMALL CLAIMS COURT WITH JURISDICTION THEREOVER AND THERE TRIED BY ANY PARTY, UNLESS COUNTER-CLAIMS OR OTHER CLAIMS IN AN AMOUNT IN EXCESS OF $1,500 (SUBJECT TO THE SAME EXCLUSIONS) ARE ASSERTED BY ANY PARTY. IN THE LATTER CASE, THE ENTIRE MATTER AND ALL CLAIMS BEFORE THE COURT SHALL BECOME SUBJECT TO BINDING ARBITRATION HEREUNDER UPON WRITTEN REQUEST OF ANY PARTY FILED WITH THE COURT WITHIN THIRTY (30) CALENDAR DAYS OF ACTUAL NOTICE OF THE FILING OF SUCH COUNTER-CLAIMS OR OTHER CLAIMS. TO THE EXTENT ALLOWED BY LAW, THE PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERTA CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

 

 

14. No Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES (INCLUDING FTTH, GLO VOIP, AND PAY-TV SERVICES), AND ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS PROHIBITED BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT: (i) THE EQUIPMENT OR THE SERVICES WILL MEET CUSTOMER REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY CUSTOMER THROUGH THE APP OR SERVICE WILL BE AS REPRESENTED OR MEET CUSTOMER EXPECTATIONS; OR (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED FOR USE WHEN THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION ACCESSED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. COMPANY DOES NOT WARRANT THAT THE SERVICES OR EQUIPMENT WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR USE FO THE SERVICES. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

15. Limitation of Liability

THE COMPANY DOES NOT OFFER SERVICE LEVEL CREDITS FOR OUTAGES. To the fullest extent permitted by law, in no event shall the Company or its parents, subsidiaries, affiliates, licensors, providers, suppliers, or any of their officers, directors, employees, or agents (together, “Company Parties”), be liable for any direct, indirect, punitive, special, consequential, incidental, property, or personal injury damages, including without limitation, lost profits or loss of revenue, loss of programs or information or damage to data arising out of the installation, use, partial use or inability to use the service, inability to dial 911/E911, dialing associated with a security system, or reliance on or performance of the Service, regardless of the type or nature of the claim, whether arising under laws of contract, tort, negligence, or strict liability, even if Company has been advised of the possibility of such claim or damages. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.

 

16. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY,ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE SERVICES, RELATING TO OR ARISING OUT OF: (i) YOUR ACCESS AND USE OF THE SERVICES OR EQUIPMENT; (ii) YOUR BREACH OF THESE TERMS OF SERVCIES OR VIOLATION OF LAW; (iii) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (iv) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS AGREEMENT.

 

 

17. Third Party Claims

YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS THAT ARISE FROM YOUR USE OF THE SERVICES OR THE EQUIPMENT AND YOU AGREE TO REIMBURSE COMPANY FOR ANY AND ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES, UNLESS SUCH CLAIMS ARE DUE TO COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

 

18. Miscellaneous

18.1 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. Venue for any action is agreed to be in Shenandoah County, Virginia.

 

18.2 Service and Support. To find help with the Service, access the Company’s support website at support.glofiber.com, or call us with your questions at 1-833-926-8456. Find additional help or submit your product feedback at support@glofiber.com.

 

18.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

 

18.4 Third Party Beneficiaries. Except as explicitly provided in this Agreement or in its incorporated agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. You may not transfer your rights or obligations under these Terms of Service. Any attempted transfer by you shall be null and void. Company may assign these Terms of Service and your account without restriction.

 

18.5 Binding Agreement. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of these Terms of Service that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

 

18.6 Further Actions. Customer shall promptly execute and deliver to Company such further documents and take such further action as Company may request in order to give effect to the intent and purpose of these Terms of Service.

 

18.7 Trademarks. You are not permitted to use any of Company’s’  trademarks or logos.

 

18.8 Survival of Terms of Service. All indemnifications, releases, limitation of liabilities, disclaimer of warranties, limitations of remedies, the agreement to arbitrate, the restrictions on use of the Services, all as more particularly set forth herein, shall survive the termination of this Agreement and discontinuation of the Services.

 

18.9 Entire Agreement. This Agreement, and documents incorporated herein by reference, constitute the entire agreement with respect to the use of the Services and supersedes all prior or contemporaneous understandings regarding such subject matter.