IMPORTANT NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS,AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE BE AWARE THAT VIASAT MAY COLLECT THE DOMAIN, SUBDOMAIN NAMES AND COMPLETE ADDRESSES OF THE WEBSITES YOU VISIT WHILE USING OUR SERVICE.
Terms of Service
These Terms of Service (the "Terms" or "Agreement") are between you and ViaSat, Inc. ("ViaSat") for your use of ViaSat's goWiFi service (the "Service"). Your use of the Service represents your agreement to thes Terms. If you do not agree with these Terms, do not use the Service. If you would like to contact ViaSat, you may call 888-649-6727, or write to:
ViaSat Wireless Services
3902 South Traditions Drive
College Station, TX 77845
- Using the Service.
- Obligations. In exchange for access to and use of the Service, you: (a) agree to provide accurate and complete registration information and to notify us of changes to your information through the "My Account Info" link on the login page, (b) agree to protect the password, username and security information you use to access the Service and to notify ViaSat immediately of any unauthorized use of your account that you become aware of, (c) agree to comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and (d) represent that you are at least 18 years of age and you will supervise and accept responsibility for usage of your account by minors.
Data and Time Purchase. In order to use the Service, you must purchase an increment of data (a "Data Purchase") or an increment of time (a "Time Purchase") (each, a "Purchase"). You will be provided access to the Service for the total amount of the Data Purchase or Time Purchase.
- Data Purchase. All uploaded and downloaded data transmitted using the Service will count towards your Data Purchase. If you use more data than the Data Purchased, ViaSat will not automatically charge you for the additional data usage; however the Service will cease to work beyond the amount of the Data Purchase. Each Data Purchase will expire 30 days after such purchase. You may only purchase subsequent increments of data after you have consumed your entire initial Data Purchase.
- Time Purchase. ViaSat will begin counting your Time Purchase: (a) for a monthly Time Purchase imeediately after your purchase, (b) for every other Time Purchase when you first log in or select to start using the Service. Your Time Purchase will continue counting down, even if you are not logged into the Service. If you use more time than the Time Purchase and did not make a monthly Time Purchase, ViaSat will not automatically charge you for the additional time; however, the Service will cease to work beyond the amount of the Time Purchase. If you purchased a monthly Time Purchase, your Time Purchase will automatically renew each month until the Service canceled by you. A Time Purchase include a Data Purchase associated with it (e.g. 10GB for one-week). For such purchases, your Service will cease to work beyond the expiration of the earlier of the Time Purchase or the Data Purchase.
- Excessive Use. If you use an excessive amount of data (such as more data than 95% of all other users) as a result of any Purchase including a Time Purchase, ViaSat may immediately terminate your Service and provide you a pro-rata refund of unnused Services. The Service is for non-commercial use.
- Payment Terms.
- General Payment Terms. You agree to pay, in accordance with the provisions of the Purchase, all fees related to your use of the Service, including taxes, surcharges or other assessments applicable to the Service (unless you are exempt from such taxes, surcharges and other assessments) ("Service Fees"). You authorize ViaSat to charge your credit card, debit card, or other agreed upond payment method for payment of all, or any protion of your Service Fees, until such amounts are paid in full. If you purchased a monthly Time Purchase, you agree that ViaSat may continue to charge your credit or debit card issuer or its agent, you agree to pay us all amounts due upon demand by us. You agree that we will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exeeding your credit limit as a result of an automatic chare made under this Agreement.
- Purchase Payment Terms. Each Purchase is pain in advance, final and non-refundable. ViaSat will not provide your a pro-rata refund for any Purchase left unused.
- Failed Payment Fees. If your payment fails to be honored by your bank or other financial institutions, we may charge you a collection fee equal to the lesser of $15.00 or the maximum amount permitted under applicable law. You acknowledge that these fees are not interest or finance charges and are resonably related to the actual expense we incur due to non-payment.
- Disputes. If you think a charge is incorrect or you need more information on any charges applied to your account, you should contact us at 888-649-6727 within 60 days of receiving the statement on which the error or problem appeared. We will not pay you interest on any overcharged amounts later refunded or credited to you. We may, but are not required to, accept partial payments from you. If partial payments are made, they will be applied to amounts owed by you starting with the oldest outstanding amount. If you send us checks or money orders marked "payment n full" or otherwise labeled with a similar restrictive endorsement, we may, but are not required to, accept them, without waiving any of our rights to collect all amounts owed by you under this Agreement. If we choose to use a collection agency or attorney to collect money that you owe us or to assert any other right that we may have against you, you agree to pay the reasonable costs of collection or other action including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
- Modifications to the Service. We may modify, discontinue, or terminate the Service (or any fuction or feature of the Service) and the Terms and any accompanying policies, for any reason, and with or without notice, without liability to you. Your use of the Service after the effective date of the changes constitutes your acceptance of the changes.
- Modifications to the Terms. The Terms may be updated or changed from time to time. ViaSat will provide notice of changes in the Terms in any manner acceptable by law, including by posting them on the login page for use of the Service. Your use of the Service following updates or changes to the Terms, constitutes your acceptance of those changes. If you do not agree to the revisions, you must terminate your use of the Service immediately.
- Termination through Expiration of Purchase. Unless you purchased a monthly Time Purchase, your Service will imeediately cease to work upon the expiration of your Purchase. Any unsaved work still open in a web browser or other application may be lost and ViaSat is not responsible for, and will not be able to recover, such data loss. Except as otherwise set forht in this Agreement, this Agreement will also terminate upon the expiration of all Purchases, unless you elect to purchase any additional increments of time or data.
- Termination or Suspension by ViaSat. ViaSat reserves the right to terminate your Service and this Agreement or suspend your Service at any time (with or without notice), in whole or in part. If ViaSat terminates or suspends your Service because you have or a user of your account has breached this Agreement or violated a law, then you are responsible for the full monthly Service fee for any month (or portion of a month) in which you receive the Service and ViaSat will not provide a pro-rata refund for any pre-paid fees regardless of when your Service is terminated or suspended.
- Operational Limits of the Service. Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. There is no guarantee of bandwidth. Your connection speed may not be suitable for some applications. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that ViaSat will not be liable for such interruptions. ViaSat will not be liable for any failure of performance if such failure is due to any cause beyond ViaSat's reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or miltary authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or your equipment.
- Third Party Content Disclaimer/ Links to Third Party Sites. Content provided by third parties ("Third Party Content") has not been independently authenticated in whole or in part by ViaSat even if ViaSat provides a link to such content. ViaSat does not provide, sell, license, or lease any of the Third Party Content other than that specifically identified as being provided by ViaSat. Any links to Third Party Content is provided as a convenience only.
- General Use Restrictions. Subject to your acceptance of and compliance with these Terms, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and no-assignable limited license. The Service is provided fo r your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, sublicense, transfer, resell or exploit for any purposes your use of the Service or access to the Service. All information, documents, products, and software (the "Materials") provided with this Service were provided by or to ViaSat by its respective manufacurers, authors, develoeprs, licensees and vendors (the "Thirdy Party Providers") and are the copyrighted work of ViaSat and/or the Third Party Providers. Except as state herein, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of ViaSat or the Third Party Provider. Except as expressly state herein, you are not granted any intellectual property rights in or to the Service or Materials by implication, estoppel or other legal theory, and all rights in and to the Service or Materials not expressly granted herin are hereby reserved and retained by ViaSat and/or the Third Party Provider.
- Export Laws. Your use of the Service is subject to U.S. export control alws and regulations, or any applicable local laws or regulations. You represent that you are not a prohibited end user under applicable U.S. export laws, regulations and lists, including but not limited to the U.S. Treasury Department list of Specially Designated Nationals or Blocked Persons. You will not use the Service in any manner that would violate applicable law, including but not limited to applicable export control laws and regulations.
- Disclaimer of Warranties and Liability.
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND WIFI TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE. YOU SHOULD TAKE ALL PRECAUTIONS FOR THE SECURITY OF YOUR DEVISE AND INFORMATION.
THE SERVICE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." VIASAT AND ITS RESPECTIVE SUPPLIERS, PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE OR THE INFORMATION AVAILABLE THROUGH IT, NOR DO WE OR OUR SUPPLIERS, PROVIDERS AND LICENSORS GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL VIASAT (INCLUDING PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) OR ITS THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR REPRESENTATIVES) (COLLECTIVELY, THE "DISCLAIMING PARTIES") BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LIABITLITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBLITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCLAIMING PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO VIASAT FOR THE USE OF THE SERVICE.
TO ANY EXTENT THAT THE ABOVE DOES NOT APPLY, YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES, IN ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO VIASAT FOR THE USE OF THE SERVICE.
- Indemnity. You agree to indemnify and hold harmless ViaSat, and its respective subsidiaries, affiliates, officers, directors, agents, cobranders, licensors, partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of ViaSat's Acceptable Use Policy; (e) your violation of any rights of another; and (f) the use of your account whether or not such usage is expressly authroized by you. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to idemnification by you and you agree to cooperate with us in connection with our defense. The provisions of this Section 13 are for the benefit of us and our respective contractors, information or content providers, licensors, employees and agents, and each shall have the right to assert and enforce such provisions directly on its own behalf. Other than as expressly stated in this Agreement, this Agreement shall not be deemed to create any rights in third parties.
- DISPUTE RESOLUTION - BINDING ARBITRATION. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. To expedite resolution of issues and control the cost of disputes, y ou and ViaSat agree that any legal or equitable claim relating to this Agreement, any addendum, or your Service (referred to as a "Claim") will be resolved as follows: We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding until at least 60 days after one of us notifies the other of a Claim in writing ("Notice"). You will send your Notice to: ViaSat, Inc., 3902 South Traditions Drive, College Station, TX 77845, Attention: Legal Department, and we will send our Notice to your billing address. If you and ViaSat are unable to resolve the Claim within 60 days after Notice is received, then ViaSat and you agree to arbitrate any and all Claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory;
- Any Claims that arose before this Agreement or any prior agreement between us;
- Any Claims that are currently the subject of a purported class action suit in which you are not a memeber of a certified class; and/or
- Any Claims that may arise after the termination of this Agreement.
3902 South Traditions Drive
College Station, TX 77845
Attention: Legal Department
The arbitrator is bound by the terms of this Agreement. All issues shall be for the arbitrator to decide, except issues relating to the scope and enforceability of this Dispute Resolution provision which shall solely be for a court of competenet jurisdiction to decide. Any arbitration hearings shall take place at a location that is reasonably convenient to you and ViaSat. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator dteermines the amount, if any, to which you or ViaSat is entitled. If your claim is for $5,000 or less, you and ViaSat agree that you may choose whether the arbitration will be conducted solely on the basis (a) of documents submitted to the arbitrator, (b) through telephonic hearings, or (c) by an in-person hearing as established by the Arbitration Rules. If your claim is in excess of $5,000, the right to a hearing shall be determined by the Arbitration Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficiently explaining the essential findings and conclusion on which the award is based. If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all fees related to the arbitration shall be governed by the Arbitration Rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warratned by the party's individual Claim. YOU AND VIASAT AGREE THAT EACH MAY BRING CLAIMS AGAINS THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, the arbitrator may not consolidate more than one person's Claim, and may not otherwise preside over any form of a represnetative or class proceeding, unless both you and ViaSat otherwise agree in writing. Notwithstanding any provision in this Agreement to the contrary, we agree that if Viaat makes any future change to this Dispute Resolution provision, you may reject any such change by sending us written notice within 30 days of the change to ViaSat, Inc., 3902 South Traditions Drive, College Station, TX 77845. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance iwth the language of this Dispute Resolution provision. Any cause of action brought by you, or by users of your account, with respect to the Service or the Terms must be instituted within one year after the claim or cause of action has arisen or it will be barred.
- Call Monitoring and Recording. For quality assurance, ViaSat records and/or monitors telephone calls and online chat sessions between our customers and our agents, employees and/or affiliates regarding the Services. By using the Service, you (and anyone calling or otherwise contacting us with regard to your account) consent to any and all call and online chat session recording and monitoring performed by ViaSat or our agents, employees and/or affiliates.
- Contact Information. You agree that by entering into this Agreement and providing us with your wireless phone number and/or any other telephone number and/or your e-mail address, we or our agents may contact you for any account-related issues: (a) by calling or texting you at such number(s) using a prerecorded/artificial voice or text message delivered by an automatic telephone dialing system and/or using a call made by live individuals for any account-related issues, and/or (b) sneding an e-mail to such e-mail address. The consent provided here continues even after your Service terminates.
- Applicable Law. Any action related to these Terms will be governed by Colorado law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
- Construction and Delegation. In the even that any provision of this Agreement shall be rendered invalid or enenforceable, such invalidity or enenforceability shall not invalidate or render unenforceable any other provision of this Agreement and this Agreement shall continue in full force and effect and be construed as if it did not contain the invalid or enenforceable provision.
- Entire Agreement. This Agreement, as well as the additional online documents specifically incorporated as part of this Agreement, constitutes the entire and only agreement wiht respect to its subject matter between you and us, applicable also to all users of your account. This Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to its subject matter except as expressly set forth in this Agreement.
- Miscellaneous. We may enforce or decline to enforce any or all of the terms of this Agreement in our sole discretion. Captions used in this document are for convenience only and shall not be considered a part of this Agreement or be used to construe its terms or meaning. The effective date of these Terms is the date that you first "accept" these terms in order to receive the Services. The provisions of this Agreement which by their nature should continue shall survive any termination of this Agreement.
- Translations. Any translation of this Agreement is provided solely for convenience. If there is any discrepancy between the English-language version of this Agreement and a translation of this Agreement into any other language, the English-language version shall control.