Updated November 21, 2017
- ACCEPTANCE OF AGREEMENT. Use of UnlimitedToGo’s memberships and the access of your Internet account by you as a UnlimitedToGo and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use UnlimitedToGo’s memberships, including but not limited to access to the Internet, and continues until membership terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.
- Google Terms of membership. As a UnlimitedToGo member, you agree to the terms of membership that are located at http://www.google.com/a/help/intl/en/users/terms.html
- UnlimitedToGo Membership. If you are a broadband customer, UnlimitedToGo will provide you with broadband access to the Internet with an accompanying Membership Plan, subject to the terms and conditions set forth herein (the “membership”). Although pre-qualification provides a good measure of certainty regarding membership availability, it is not a guarantee of service. We recommend waiting until the device(s) is (are) delivered and tested for a few weeks before assuming that service will be available and of good quality.
- CELLULAR SERVICE PROVIDER. Membership is provided in conjunction with an underlying cellular service provider, which may be your local cellular provider. The cellular service provider retains the right to cancel the service before or after installation at its sole discretion at any time. The application of certain terms herein vary depending on whether the cellular service for a member is provided by wireless service provider. UnlimitedToGo provides cellular access line for a member by available Networks.
- MEMBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that UnlimitedToGo relies on the information you supply and that providing false or incorrect information may result in additional fees, product/service delays or the suspension or termination of your membership. You agree to promptly notify UnlimitedToGo whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. You agree that your username and password and changes to both of these items are your responsibility.
- GENERAL PRICING AND FEES. UnlimitedToGo’s prices are shown in the Pricing Schedule and you will be charged based on the plan and options you select during the ordering process. A member who selects a “Month to Month” plan (a “Monthly member”) will pay the monthly price(s) listed on the Pricing Schedule corresponding to the plan and options chosen by such monthly member at the time of order. However, such monthly prices are subject at any time to increase to UnlimitedToGo’s then current prices.
In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against UnlimitedToGo by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge.
- SERVICE SETUP FEES AND MEMBERSHIP FEES. Upon entering into this Agreement, a minimum setup fee (30 dollars ($30.00)) will apply to all members who choose to use their own device. Setup/membership fees are waived for those members who choose to purchase a new device through UnlimitedToGo.
- PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any memberships unless specified in writing as part of a marketing promotion. There are no pro-rated refunds for unused time. Unless otherwise stated in the Pricing Schedule, UnlimitedToGo Membership Plans are prepaid only. UnlimitedToGo bills for memberships in advance. If a member does not pay their monthly membership fee, service will be disconnected and the Member will incur a $30 dollar ($30) fee to restore service with a replacement SIM. Additionally, UnlimitedToGo may deny, discontinue, or otherwise suspend such member’s membership until full payment is received. Members are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Members might incur a twenty-five dollar ($25.00) charge on disputed credit card charges and credit card chargebacks.
- BILLING. All billing is done electronically. All members enrolled in automatic billing will be charged automatically for each billing period on their respective due date with their selected payment method. Members not enrolled in automatic billing must pay total amount due with an accepted payment method. Accepted payment methods include Visa, Mastercard, American Express, Discover, and PayPal. If you dispute a valid credit card charge levied by UnlimitedToGo, your account with UnlimitedToGo may be disconnected and you might be charged a 30 dollar ($30.00) restoral charge.
All billing disputes should be directed to the Billing Department. Any billing disputes done through a financial institution can result in the immediate cancellation of the membership for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee for each dispute may be applied.
The member is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by UnlimitedToGo. Under no circumstances will UnlimitedToGo be held liable for fees incurred by the member’s financial institution. Membership account will be suspended, and ultimately cancelled, if proper payment is not made. To reinstate a membership account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid.
- RATE CHANGES. UnlimitedToGo reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account, you, the member, may cancel future charges through the ‘My Account’ page of www.unlimitedtogo.com in the ‘Subscriptions’ section. Cancellations can also be requested via online chat, email (firstname.lastname@example.org), or by contacting Customer Service (888-434-4773 x 2). Otherwise, the existing membership will be billed at the new rate. This Agreement hereby supercedes all previous representations, understanding, or agreements, written or oral, by or between you and UnlimitedToGo, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
- EQUIPMENT. Modems, routers, modem/routers, antennas, and cables are available for purchase by UnlimitedToGo. End users can provide their own equipment, but UnlimitedToGo will be unable to provide any technical support for end user provided equipment. In addition, UnlimitedToGo cannot guarantee that an end user provided equipment will work with UnlimitedToGo’s membership.
- SOFTWARE. In connection with our provision of the membership, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by UnlimitedToGo or third party licensors, circuit providers, and suppliers, and which may be provided free or for a fee, including client and/or network security software (the “Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the membership and for no other purpose. The Software may be accompanied by an end user license agreement from UnlimitedToGo or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
- TERM. This Agreement is effective as provided above and shall continue until terminated by the member or UnlimitedToGo pursuant to this Agreement. Each Monthly member is on renewing monthly terms beginning on the first day of the customer billing cycle. The billing cycle is defined as the date when the customer first signed up for membership.
- TERMINATION BY member. Members may terminate this Agreement at any time for any reason by contacting UnlimitedToGo via Online Chat, email (email@example.com), or via phone at 888-434-4773 (option 2). Members also have the option of canceling through the ‘Subscriptions’ section of the ‘My Account’ page of www.unlimitedtogo.com.
- TERMINATION BY UnlimitedToGo. If, in UnlimitedToGo’s sole discretion, (a) a member is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a member’s use of the membership is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the service network, UnlimitedToGo’s and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a member acts in an abusive or menacing manner when dealing with UnlimitedToGo’s technical support staff, customer membership staff or any other UnlimitedToGo employees or representatives; (d) UnlimitedToGo receives an order from a court to terminate a member’s membership; or (e) UnlimitedToGo for any reason ceases to offer the membership, then UnlimitedToGo at its sole election may terminate or suspend such member’s service immediately without notice. For a termination in accordance with this paragraph, member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreemen
Additionally, any Internet activity, which references back to UnlimitedToGo or its plans in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to UnlimitedToGo or an account or memberships provided by UnlimitedToGo will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
- TERMINATION BY CELLULAR SERVICE PROVIDER. If, in the Cellular membership Provider’s sole discretion, (a) a member is in breach of the Acceptable Use Policy; (b) a member’s use of the membership is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the membership, the Wireless Service Provider and/or it’s partners’ servers or other equipment, or the use and enjoyment of other users; (c) a member acts in an abusive or menacing manner when dealing with The Cellular Service Provider’s technical support staff, customer service staff or any other of the Wireless Service Provider’s employees or representatives; (d) the Cellular Service Provider receives an order from a court to terminate a member’s service; or (e) the Cellular Service Provider for any reason ceases to offer the membership, then the Cellular Service Provider at its sole election may terminate or suspend such member’s service immediately without notice. For a termination in accordance with this paragraph, member remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, any equipment charges set forth herein, if applicable.
Additionally, any Internet activity, which references back to the Cellular Service Provider or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the Cellular Service Provider or an account or memberships provided by the Cellular Service Provider will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
- TERMINATED MEMBER. UnlimitedToGo, in its sole discretion may refuse to accept a member’s application for renewal following a termination or suspension of such member’s use of the service. If a member’s service is terminated for any reason, such member, upon approval by UnlimitedToGo, may enter into a new Agreement and must pay a new setup or activation fee when applicable. Upon the termination of a member’s use of the service, UnlimitedToGo has the right to immediately delete all data, files and other information stored in or for the member’s account without further notice to the member.
- SPEED OF SERVICE. Speed rate depends upon the cellular service coverage and equipment capabilities. The maximum speed for the service is stated under optimal conditions and may vary significantly. UnlimitedToGo does not offer, disclose, or guarantee minimum speeds. All memberships are provided on an AS IS basis and throughput speeds are not guaranteed.
- INSTALLATION. UnlimitedToGo does not provide professional installation for its products/services. If a member requires a Professional Installation, it is the their own responsibility to hire a third-party technician. Alarm systems, special configurations, or special applications may require a professional installation or additional equipment not available through UnlimitedToGo. UnlimitedToGo may not provide nor is responsible for any special equipment not purchased through UnlimitedToGo.
- Bring Your Own Device (BYOD). If a member supplies their own device/equipment, which may include modems, routers, antennas, and/or cables, the member assumes the risk of service incompatibility. Incompatible service equipment shall not relieve members from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if member’s service is down during such periods of troubleshooting.
- LIMITATIONS OF SERVICE. If you have not purchased a dedicated membership service(s), you are not permitted to use your account to continually connect to the Internet for web/ftp/mail or other services. Unlimited accounts are not dedicated accounts and do not provide for fixed connectivity of unlimited duration. UnlimitedToGo reserves the right to disconnect users for excessive or exorbitant usage. UnlimitedToGo and the cellular service providers have implemented an abuse prevention and a fair use program and have the discretion to apply network management techniques, de-prioritization, and other management tools to monitor and disconnect any user who abuses the policy and remains connected for excessive periods through implementing improper techniques or otherwise violating UnlimitedToGo’s policies. These parameters may be changed at any time at UnlimitedToGo’s discretion. If you require a dedicated connection, you should notify UnlimitedToGo.
The devices utilized by UnlimitedToGo to provide internet service are engineered for their specified download upload speeds. However, UnlimitedToGo cannot guarantee download and upload speed if the cellular service provider, their facilities, or the member’s service location are unable to support this connection speed.
- TECHNICAL SUPPORT. UnlimitedToGo assumes that the member has a basic understanding of their computer. UnlimitedToGo will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system. Your computer must recognize your modem or network card, and receive network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting third-party modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third-party Software. UnlimitedToGo is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the member’s responsibility to initiate and be available for technical support during UnlimitedToGo’s hours of operation. If a member wishes to utilize UnlimitedToGo’s technical support, the member must be available to help troubleshoot the connection or computer setup. UnlimitedToGo does not provide on-site technical support. Members should understand and agree that any technician or other person dispatched to troubleshoot equipment that is not an employee or agent of UnlimitedToGo and UnlimitedToGo is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.
- IP ADDRESSES. UnlimitedToGo’s internet membership relies on dynamic IP addresses. UnlimitedToGo may choose to assign any member a new IP address at any time. Members in need of static IP membership must notify UnlimitedToGo prior to placing order for membership through UnlimitedToGo. Static IP membership may be offered via UnlimitedToGo or a third-party membership provider. UnlimitedToGo is not responsible for Static IP membership providers.
- ACCEPTABLE USE. member agrees to use the Internet Service in accordance with UnlimitedToGo’s published Acceptable Use Policy.
- SENDING OUT BULK OR UNSOLICITED EMAIL. The use of your membership service to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of UnlimitedToGo.
- RESALE OF SERVICES/MEMBERSHIPS. Members are not permitted to resell or redistribute their membership plan or services to other parties.
- WARRANTIES AND LIMITATIONS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE MEMBERSHIP, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY UNLIMITEDTOGO (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). UNLIMITEDTOGO (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, SERVICERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE MEMBERSHIP, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY UNLIMITEDTOGO OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF UNLIMITEDTOGO TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
UNLIMITEDTOGO DOES NOT WARRANT OR GUARANTEE THAT INTERNET SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF UNLIMITEDTOGO HAS ACCEPTED YOUR ORDER. THE PROVISIONING OF INTERNET SERVICE IS SUBJECT TO SERVICE AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, SERVICE LOCATION AND COVERAGE, THE CONDITION OF YOUR ANY WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR PREMISE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR UNLIMITEDTOGO SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY UNLIMITEDTOGO-PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. UNLIMITEDTOGO SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY.
UNLIMITEDTOGO DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY UNLIMITEDTOGO WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. UNLIMITEDTOGO SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. UNLIMITEDTOGO MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. UNLIMITEDTOGO MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE MEMBERSHIP SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED.
YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, MEMBERSHIP, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. YOU AGREE NOT TO USE THE MEMBERSHIP, SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL UNLIMITEDTOGO (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, SERVICES OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF UNLIMITEDTOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF UNLIMITEDTOGO SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE MEMBERSHIPS (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR MEMBERSHIPS PROVIDED BY UNLIMITEDTOGO OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING UNLIMITEDTOGO’S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO UNLIMITEDTOGO’S THIRD PARTY LICENSORS, AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH UNLIMITEDTOGO (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), UNLIMITEDTOGO’S THIRD PARTY LICENSORS, UNLIMITEDTOGOS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
UNLIMITEDTOGO RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE membership, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE membership.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS UNLIMITEDTOGO (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING UNLIMITEDTOGO (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF UNLIMITEDTOGO (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
- LINKS. UnlimitedToGo or third parties may provide links to websites other than https://www.UnlimitedToGo.com or other resources. Because UnlimitedToGo has no control over such websites and resources, you acknowledge and agree that UnlimitedToGo is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that UnlimitedToGo will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or memberships available on or through any such website or resource.
- INDEMNIFICATION. You agree to protect, defend, indemnify and hold harmless UnlimitedToGo from and against all liabilities, losses, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation or breach of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the membership); (b) the use of the membership, the services, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the membership); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the membership services); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of any intellectual property rights arising from your use of the membership, the service, the Software, the Equipment or the Internet.
- REVISIONS. UnlimitedToGo may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the membership) by posting such revisions to our website at https://www.unlimitedtoo.com/terms-of-service. Members agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the membership for members shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the membership services after revisions are in effect, a member accepts and agrees to the revisions and to abide by them. Any member who does not agree to the revision(s) must terminate their membership immediately.
- ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. UnlimitedToGo may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
- CHOICE OF LAW. You agree that this membership is governed by the Laws of the State/Province in which UnlimitedToGo resides. You agree that the county in which UnlimitedToGo is located shall be the forum for any legal action relating to the memberships provided.
- COMPLIANCE. UnlimitedToGo’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
- POLICY ENFORCEMENT. UnlimitedToGo reserves the right to take whatever actions we deem appropriate to enforce these policies. UnlimitedToGo also reserves the right to change these policies without prior notice at any time. The actions UnlimitedToGo takes may include account suspension or termination. UnlimitedToGo does not issue any credits for accounts cancelled due to policy violations. UnlimitedToGo reserves the right to refuse membership to anyone at anytime for any reason.
- THINGS BEYOND UNLIMITEDTOGO’S CONTROL. UnlimitedToGo will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or memberships.
- ENTIRE AGREEMENT. This Agreement, including all policies posted on UnlimitedToGo’s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and UnlimitedToGo with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
- NOTICE. Notices by UnlimitedToGo to you shall be deemed given: (a) when sent to your email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
- SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
- DEFINITION OF COMPANY. As used in this Customer Use Agreement, the term the “Company” refers to UnlimitedToGo.
- COPYRIGHT INFRINGEMENT. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact customer support and report possible copyright infringement.