Broadband Internet Terms and Conditions of Service

 
Thank you for choosing RISE BROADBAND for your Internet needs. This document is important–please read it carefully. THIS RISE BROADBAND RESIDENTIAL INTERNET SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“USER”) AND SKYBEAM, LLC D/B/A RISE BROADBAND (“RISE”) AND SETS FORTH THE TERMS AND CONDITIONS BY WHICH RISE WILL MAKE AVAILABLE THE SERVICES USER HAS ELECTED TO RECEIVE (“the Service(s)”).
 
RISE RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON RISE’S WEBSITE. RISE MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF CHANGES ON RISE’S WEBSITE; NOTIFYING USER BY EMAIL OR US MAIL; OR NOTIFYING USER ON USER’S MONTHLY BILLING STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION POSTED ONLINE (https://www.risebroadband.com/legal/) ON RISE’S WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
 
This Agreement takes effect once USER’S order for Services has been accepted by RISE and USER accepts Services from RISE. This Agreement shall continue until USER’s Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any and all equipment provided by RISE and used in conjunction with the Service, such as Consumer Premises Equipment (“CPE”); an IP phone; Multimedia Terminal Adapter; Analog Telephone Adapter; or any other IP connection device (collectively, a “Device” or the “Equipment”).
 
1. SERVICES

Internet Access – Subject to the Service characteristics contained herein, RISE shall provide Internet connections between the CPE and RISE’s Internet backbone. Internet connections are provided as “up-to” the speeds advertised within the Service plan purchased by USER reflecting performance under ideal conditions (“Service Plan”). RISE reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance and will do its best to inform USER of any such interruptions ahead of time. RISE shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement.
 
2. ACCEPTABLE USE

As a condition of use of the Service, USER warrants to RISE that USER will use the Service in accordance with the Broadband Internet Acceptable Use Policy of RISE as it may be updated from time to time and which is available at https://www.risebroadband.com/legal/broadband-internet-acceptable-use-policy/.
RISE will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. USER agrees to indemnify and hold harmless RISE, its agents, and representatives, from any and all claims, costs, losses, damages, liabilities, and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by RISE, or any other party, arising out of USER’s breach of either this acceptable use provision or RISE’s Broadband Internet Acceptable Use Policy.
 
3. COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE

The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on RISE Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. Nothing in this Agreement grants USER the right or license to use RISE’s websites, corporate names, service marks, trademarks, trade names, logos, and domain names which are and will at all times remain the exclusive property of RISE.
 
USER has not been granted any license to use the firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in any Devices or Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. USER expressly agrees that any Equipment is exclusively for use in connection with the Service and that RISE will not provide any passwords, codes, or other information or assistance that would enable USER to use such Equipment for any other purpose. RISE reserves the right to prohibit the use of any interface equipment that RISE has not provided to the USER. USER hereby represents and warrants that USER possess all required rights, including software and/or firmware licenses, to use any interface equipment that RISE has not provided to USER. In addition, USER shall indemnify and hold RISE harmless against any and all liability arising out of USER’s use of such interface equipment with the Service. USER shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

USER shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from RISE. RISE reserves the right to terminate USER’s Service if RISE believes, in RISE’s sole and absolute discretion, that USER has tampered with any Device. In the event of such termination, USER will remain responsible for any termination fees as provided for in the Additional Fees and Payment Terms Disclosure Statement (“Additional Fee Statement”). USER shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
 
4. SECURITY

USER can best control the risks associated with security and are therefore solely responsible for maintaining and upholding the account security of their Service. RISE will not be responsible for any disruption of Service, corrupted files or viruses which affect the USER of the Service. It is USER’s responsibility to safeguard USER’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of USER’s failure to properly secure USER’s network and devices may result in the immediate termination of USER’s Service. USER is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.
 
5. SERVICE CHARACTERISTICS

Service Availability – The Service is subject to availability as it is contingent on available RISE facilities and unique signal path conditions between such facilities and the USER premises. Due to the nature of the Service technology, RISE reserves the right to deem the Service unavailable to the USER up to, including, and after the installation. RISE assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in USER’s geographical area, for any reason, even where such unavailability occurs after installation of the Service.
 
Service Plans – RISE offers a range of Service Plans with different speeds and data usage. Service Plans are subject to availability and may include other promotional terms and conditions including a minimum service term commitment (“Service Term”). A Service Term shall begin on the date that the Service has been installed and activated by RISE. If USER signs up for a Service Plan that includes special or promotional offers, such offers may only be in effect for the initial Service Term of the plan. If USER changes or upgrades their Service Plan, any special or other promotions may be subject to discontinuance or removal.
 
Performance Levels – Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. RISE Services are provided as “up-to” speeds and RISE does not guarantee the maximum Service performance (throughput speeds) levels. RISE will make every reasonable effort to ensure that USERS receive the speeds under the Service Plan they signed up for throughout most of a USER’s daily use and reflecting performance under ideal conditions. RISE is not responsible for speeds from points anywhere else on the internet and USER understands that content that USER may access through the Service may be subject to “caching” or several other factors that are beyond RISE’s control.
Throughput Volume – Depending on the Service Plan signed up for, an account will have a standard quota for disk space and data usage. At RISE’s discretion, additional quota may be added to such an account for a recurring fee, based on RISE’s then-current rates. Data usage on an account above USER’s limit will result in additional fees as set forth in the Additional Fee Statement.
 
Network Management – USER understands, acknowledges and agrees that RISE may use various tools and techniques in order to efficiently and reasonably manage its networks as provided in RISE’s Open Internet Statement which may be updated from time to time and is available at https://www.risebroadband.com/legal/open-internet-statement-and-policy/. Consistent with its Open Internet Statement, RISE may employ traffic-management technology to allocate bandwidth across all USERs and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on RISE’s servers.
 
IP Addresses – Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. USER understands that IP assignments are not guaranteed and may be modified as required by RISE and/or the American Registry for Internet Numbers (ARIN).
 
6. EQUIPMENT

RISE will provide USER the authorized Equipment for use with the RISE Service. Only RISE CPE is permitted and authorized to be connected to the Service. RISE will own the CPE installed at the USER location and will monitor and upgrade said CPE as RISE determines to be necessary and appropriate. Notwithstanding the foregoing, the antenna and any associated support structure located on the property shall be deemed the personal property of the USER upon the expiration or earlier termination of the Service Term.
 
7. CANCELLATION / TERMINATION / CHANGE IN SERVICE

At the time of purchase, USER shall pay the professional installation fee as specified in the Additional Fee Statement. If USER cancels the Service within thirty (30) days of activation or if RISE is unable to complete the installation due to technical limitations, the professional installation fee will be refunded. To cancel the Service USER must notify RISE customer service at 844-411-7473.
 
USER may terminate the Service at any time upon notice to RISE. Termination is effective on the date USER contacts RISE to cancel the Service or as of a future date designated by USER or RISE, provided RISE can support such future date. HOWEVER, PAID CHARGES ARE NOT SUBJECT TO REFUND SO IF USER CANCELS SERVICE BEFORE THE END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PERIODS REMAINING AFTER THE TERMINATION DATE.
 
If USER changes or upgrades the Service Plan, any applicable prior Service Term will be terminated, and USER will have a new Service Term as applicable to the new Service Plan. Upon a change or upgrade to a Service Plan, any special or other promotions applied to USER’s account may be subject to discontinuance or removal if such promotion is no longer available.
Termination of the Service does not affect USER’s obligations under this Agreement, including USER’s obligation to pay all fees for Services rendered prior to termination and any termination, processing and administration fees incurred as a result of such termination. RISE accounts must be paid in full before a cancellation will be considered complete.
 
If all CPE provided by RISE is not returned within thirty (30) days of cancellation or termination of Service, USER agrees to pay RISE the fees as set forth in the Additional Fee Statement. USER authorizes RISE and its agents to charge the Equipment replacement charge to the credit card on file with RISE. If RISE is unable to obtain a charge authorization for the full amount due, USER agrees to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within ten (10) days of notification of the amount due. USER bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is received by the USER until the time (if any) when it is returned to RISE in accordance with this Agreement.
Upon the termination of USER’s Service, RISE may, in its sole and absolute discretion, release to the USER’s new service provider the telephone number that USER ported (transferred or moved over) to RISE from USER’s previous service provider and used in connection with USER’s service if: such new service provider is able to accept such number; USER’s account has been properly terminated; USER’s account is completely current, including payment for all charges and applicable termination fees; and USER requests the transfer upon termination of the account.
 
8. TERMINATION AND SUSPENSION BY RISE

Inappropriate use or abuse of the Services by USER, as determined in the sole discretion of RISE, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of RISE Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.
RISE may terminate your account immediately if it determines, in its sole discretion, that USER has violated any of the provisions of this Agreement, including but not limited to RISE’s Broadband Internet Acceptable Use Policy. RISE reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason.
Further, RISE may terminate USER’s Service for any reason by providing written notice to USER at least thirty (30) days prior to the termination date.
If USER’s Service is terminated by RISE for any reason, USER will remain fully liable and responsible to pay any fees that are still owed to RISE pursuant to this Agreement and for all costs RISE incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.
 
9. FEES, PAYMENT AND BILLING

Fees – Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth in this Agreement and the Additional Fee Statement. RISE will invoice fees for Services and any Equipment in advance. USER agrees to pay all federal, state or local taxes arising under this Agreement. If, during the first thirty (30) days of service, the USER is having service or quality issues the USER may cancel the Service and RISE will refund all monies paid (including the installation reservation fee).
Late Fees and Service Interruption/Disconnect – RISE shall charge USER late fees and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other fees. Additionally, RISE may interrupt or disconnect USER’s Services for non-payment and USER shall be subject to a Reconnect Fee to resume Service. The late terms and associated charges are determined by the date payment is received by RISE. Late terms and associated fees for each stage of the delinquency process are as set forth in the Additional Fee Statement. At such time that RISE determines that Equipment is to be retrieved from USER, RISE will call USER to inform them that Equipment will be removed and retrieved. In all cases, if USER wants to resume or reconnect Services, USER’s account must be brought current and USER shall be subject to a reconnect fee.
 
Billing Disputes and Errors – Subject to applicable law, USER may dispute any invoiced charge by contacting RISE within one hundred twenty (120) days of the date of the disputed invoice. All invoiced charges shall be deemed correct and indisputable one hundred twenty (120) days after the date of the invoice on which they appear and USER shall waive the right to dispute any charge after such period. RISE’s obligation with respect to any billing errors resulting in USER’s overpayment for Service is limited to granting invoice credits equal to the dollar amounts erroneously billed, subject to the above limitation.
 
Fee Changes – USER acknowledges and agrees that RISE has the right to change its Service fees, additional fees, or add new fees at any time, upon notice to the USER. Notwithstanding the foregoing, if USER agrees to a Service Plan with a Service Term of one (1) year or more, then USER’s base monthly Service fees shall not be subject to change during the Service Term, but Equipment fees and additional fees are still subject to change.
 
USER Charges – USER acknowledges that USER may incur USER-initiated charges while using the Services. For example, charges may be incurred as a result of USER accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. USER agrees that all such charges, including all applicable fees and taxes, shall be paid by USER and are not the responsibility of RISE.
 
10. INSTALLATION AND ACCESS TO USER’S PREMISES

RISE will provide installation Services at the USER premises at an agreed-upon price. As part of the installation process, modifications to the inside wiring in USER’s house may be required, and USER hereby consents to and authorizes any such modifications. USER authorizes RISE, and its employees, agents, contractors, and authorized representatives to enter USER’s premises in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If USER is not the owner of the premises, USER must supply RISE with the owner’s name and address and written consent or other evidence that USER is authorized to grant access to the premises on the owner’s behalf or RISE may request permission from the owner to install the Services on the premises. This Agreement is contingent upon RISE obtaining a right of entry onto the premises and RISE shall not have any liability if access or right of entry to the premises is denied or limited for any reason. USER will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the RISE installer. For such charges as RISE may determine, RISE may relocate the Equipment for USER within the premises at USER’s request.
 
11. PRIVACY

RISE takes USER’s personally identifiable information and privacy seriously and has established a Privacy Policy which governs its collection, use, disclosure, management and security related to USER’s personal information. The Rise Privacy Policy may be updated from time to time and is available at http://risebroadband.com/wp-content/uploads/2016/06/LSL2-335267-v1-Rise_Broadband_Privacy_Policy.pdf. By using the Service USER acknowledges that USER accepts the practices and policies outlined in RISE’s Privacy Policy. USER’s continued use of the Service after notice of any changes to the Privacy Policy have been provided will indicate USER’s acceptance of such changes.
 
12. USER OBLIGATIONS

USER shall be solely responsible for independent backup of any data files residing on RISE computers or networks. RISE reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities.
 
USER shall notify RISE immediately, by calling RISE customer support line at 844-411-7473, if any Device is stolen or if USER becomes aware at any time that USER’s Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When USER calls or writes, USER must provide an account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of USER’s Service and additional charges. Until such time as RISE receives notice of the theft, fraudulent use or unauthorized use, USER will be liable for all use of the Service using a Device stolen from USER and any and all stolen, fraudulent or unauthorized use of the Service.
 
USER will be liable for any and all liability that may arise out of the content transmitted by USER or to any person, whether authorized or unauthorized, using USER’s Service or Device. USER shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. RISE reserves the right to terminate or suspend USER’s Services and remove any content from the Service, if RISE determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with RISE’s ability to provide Services to USER or others. RISE action or inaction under this Section will not constitute any review or approval of USER’s use or content.
 
USER has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The USER is responsible for all information received, transmitted, and/or stored by the USER and the USER releases RISE from and agrees to indemnify RISE its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.
 
13. USER COMPLAINT RESOLUTION

RISE is working to provide the best service possible and welcomes USER’s ideas on how RISE can improve the quality of our service. USER can communicate USER’s views to RISE by calling 844-411-7473.
 
14. WARRANTY

USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY RISE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. RISE DOES NOT WARRANT (i) THE UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT WILL MEET USER’S REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPOMNENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES USER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY RISE OR RISE AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
LIMITED WARRANTY – RISE WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER USER’S ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. RISE WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. RISE DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. RISE’S ENTIRE LIABILITY AND USER’S EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT RISE’S SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY RISE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG A LIMITED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO THE USER. IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE EQUIPMENT OR SERVICES BY USER DURING THE WARRANTY PERIOD, IF THE SERVICES OR PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED.
OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, RISE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE EQUIPMENT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
 
15. LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RISE OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO USER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RISE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
 
ADDITIONALLY, RISE WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY BY USER OR ANY OTHER PARTY; (vi) FOR USER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND RISE’S REASONABLE CONTROL.
 
RISE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; EQUIPMENT, NETWORK OR FACILITY FAILURE; EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM AND GOVERNMENT ACTIONS; EQUIPMENT, NETWORK OR FACILITY SHORTAGE; EQUIPMENT OR FACILITY RELOCATION; SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO THE USER; OUTAGE OF, OR BLOCKING OF PORTS BY, USER’S ISP OR BROADBAND SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE THAT IS BEYOND RISE’S CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED. RISE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
IN NO EVENT SHALL RISE’S AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND RISE LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS. EXCEPT FOR THE PAYMENT OF FEES DUE BY USER HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT.
 
16. INDEMNIFICATION

USER agrees to defend, indemnify and hold RISE its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from USER’s violation of any of the provisions of this Agreement or USER’s placement or transmission of any materials or content onto RISE servers or through its network, or from any and all use of USER’s account, with or without USER’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by RISE as part of RISE’s investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to USER’s use of or inability to use RISE Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing.
 
17. MISCELLANEOUS

Relationship – USER’s relationship with RISE is that of an independent contractor. USER is not an agent of RISE, and USER has no authority to obligate RISE by contract or otherwise.
Third Party Beneficiaries – No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third-party beneficiary rights.
 
Survival – The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
 
Transferability and Assignment – USER shall not sell, transfer, or assign this Agreement. USER’s account and right to use RISE Services and system are not transferable without RISE’s prior written consent. USER agrees to protect its password and account and to keep them secure from unauthorized USERs and use, and to be solely responsible for the protection and security of USER’s password and account information.
 
Notices – Notifications of either party to this Agreement shall be effective upon receipt, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by a telefax, email, or a nationally recognized overnight delivery service, to RISE at 61 Inverness Drive East, Suite 250, Englewood, CO 80112 or to the address of USER set forth on RISE’s records or such other address provided for such purposes.
 
Proprietary Rights – RISE grants USER a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with RISE, whether or not they are embedded in any product. USER recognizes that the products and Services used hereunder constitute valuable trade secrets of RISE and USER shall use their best efforts to protect and keep confidential any and all products and Services used by USER and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services.
 
Jurisdiction/Venue/Choice of Law – USER agrees that exclusive jurisdiction for any claim or dispute with RISE or relating in any way to USER’s account or USER’s use of the Services resides in the courts of Colorado and that this Agreement shall be governed by Colorado law. USER expressly consents to the exercise of personal jurisdiction in the courts of Colorado in connection with any such dispute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
 
Amendments – RISE may modify this Service Agreement from time to time, and USER’s continued use of the Service following notice of such modification shall be deemed to be USER’s acceptance of such modification. If USER does not agree to any modification of this Agreement, USER must immediately stop using the Service and notify RISE of USER’s desire to cancel the Service.
 
Information – USER hereby acknowledges that RISE and its affiliates may retain and use any information, comments or ideas conveyed by USER relating to the Service (including any products and services made available on the Service). This information may be used to provide USER with better service. RISE may open and maintain a USER file.
 
Entire Agreement – This Agreement, including the Service quote and any and all other documents and RISE policies referenced herein, constitutes the entire agreement between RISE and USER pertaining to the subject matter hereof. RISE’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.
 
18. ACCEPTANCE

USER represents and warrants to RISE that USER is of lawful age to enter into this Agreement and that (i) USER has the full right, power and authority to enter into this Agreement and to perform the acts required of USER hereunder; and (ii) the acceptance of this Agreement by USER, and the performance by USER of its obligations and duties hereunder, do not and will not violate any agreement to which USER is a party or by which it is otherwise bound.
 
By using and accepting Service from RISE, USER acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if USER had physically signed this Agreement. This Agreement supersede all other written and oral communications or agreements regarding the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of RISE.
 
By providing RISE with USER’s telephone number, cell phone number(s), or email address, USER gives consent for RISE, or any of RISE’s agents (including collection agents), to contact USER at these numbers or email address, or any other phone number or email address that is later acquired for USER, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement. For greater efficiency, calls may be delivered by an auto-dialer.
BY USER’S USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 
Effective Date 11/20/2020 – 9/19/2019 – 11/19/2025 Terms & Conditions