Data Plans Terms and Conditions
Welcome to Furrion Access. We are pleased to be your wireless service provider. We reserve the right to change or modify these Terms and Conditions of Service ("T&Cs") at any time, which will be effective immediately when posted to Furrion's website at www.Furrion.com. Please check our website from time to time as these T&Cs may change.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU AND OUR USE OF YOUR LOCATION INFORMATION. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS AND CONDITIONS LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In these T&Cs the following terms have the following meanings: (a) "Furrion," "we," "us," and "our" refer to Furrion Access; (b) "you," "your," "user," "subscriber," or "customer" refer to the account holder or any other person who purchases, activates or uses the Wireless Services we provide; (c) "Device" means the Furrion Access Router that we or an authorized Furrion retail location provide or sell to you, and that you activate with a Furrion SIM card on your account; (d) "Service(s)" or "Wireless Service(s)" means any wireless services we provide or that reference these T&Cs and includes, but is not limited to, our rate and service plans, billing services, offers, promotions, applications, programs, products, features, software; (e) "Charges" means any access and usage charges, taxes, surcharges, fees, including regulatory cost recovery fees, government fees (whether assessed directly upon you or upon Furrion) and other charges we charge you or that were accepted or processed through your Device as further defined below in the "Charges" section.
Wireless Customer Agreement
Acceptance of the T&Cs
You represent that you are at least 18 years old and/or that you are legally authorized to accept these T&Cs and to enter into this Agreement. Your Agreement with Furrion begins when you accept these T&Cs by: (a) giving us a written or electronic signature or telling us orally that you accept, or by otherwise accepting through any other printed, oral, or electronic means; (b) paying for Service; (c) activating the Service; (d) using or attempting to use the Service in any way; (e) upgrading or modifying the Service; (f) opening any Device packaging; (g) or starting any application, program or software that states you are accepting. If you do not want to accept these T&Cs, do not take any of these actions.
Services are subject to our business policies, practices, and procedures ("Policies"), including our Acceptable Use Policy at https://furrion.com/pages/terms-conditions. You agree to follow our Policies when you use our Services. Our Policies are subject to change at any time and become effective when posted to Furrion's website www.Furrion.com.
Other terms and conditions, including end user license agreements, apply to certain applications, software, products, programs, services, promotions, and features that we provide to you, or that you obtain from a third party through us. These other terms and conditions may be significantly different from the T&Cs that are part of your Agreement. It is your responsibility to read and understand any other terms and conditions before you accept them. We are not responsible for any third party terms and conditions.
Our Right to Change Terms and Rates
We may change any part of the Agreement at any time, without advance notice including but not limited to these T&Cs, Supplemental Materials, rates, rate plans, features, products, fees, expenses, coverage areas, provisioning technology, and Charges for your Service. Changes become effective when posted on Furrion's website at www.Furrion.com. We will attempt to provide you with notice of material changes by email or by such other means practicable, as determined by Furrion, but do not guarantee that you will receive notice of any changes. If you continue to access or use our Services or increase your account balance on or after the effective date of a change, you accept that change. Do not access or use our Services after the effective date of a change if you decide to reject the change and cancel Service. You will not be entitled to any refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly service period ends.
Either party may terminate this Agreement (which will end your Service with Furrion) at any time and for any reason. You are responsible for all Charges until your account is cancelled. You will not receive a refund or credit for the unused portion of your account balance if you decide to cancel Service before your monthly service period ends.
You agree that we may, in our sole discretion, without limitation and without notice, limit, interrupt, suspend or cancel your Service for any reason, including, but not limited to: (a) any conduct that we believe violates the Agreement, these T&Cs, or our Policies; (b) your failure to have or maintain an adequate account balance; (c) if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives; or (d) if we have reason to believe that the Device or our Service is being used for an unlawful or fraudulent purpose, a Prohibited Use or in a way that may adversely affect our Service.
Furrion offers monthly service plans ("Service Plans"). Unless otherwise prohibited by your specific plan terms, you may enable or disable the automatic top-up feature at any time during the plan period, although we may prohibit or restrict any plan change we believe is in violation of these T&Cs or any applicable Policy. Some Service Plan changes may be conditioned on the payment of certain charges, and, depending on your plan, you may forfeit your remaining Service Plan balance if you change Service Plans. Information on our Service Plans is available at www.Furrion.com.
You are responsible for paying all Charges for Services provided under this Agreement. These include, but are not limited to, (a) usage charges (if your plan includes metered usage); (b) taxes, fees and other assessments imposed by the government that we are required to collect and remit to the government (to determine your primary place of use ("PPU") and which jurisdiction's taxes and assessments to collect, you are required to provide us with your street address; if you do not provide an address or it is outside our Service area, we will designate a PPU within the Service area for you and we may terminate your Service); (c) other fees and charges including activation, reactivation, prepayment, convenience payment, restocking, upgrade, program, or other fees, including specific transaction fees, relating to Services and Devices purchased from us; and (d) surcharges that we collect and retain from our customers that include, but are not limited to, regulatory charges, administrative fees, and government taxes or fees imposed on gross receipts, sales and/or property that we incur in providing Services to our customers. Surcharges are not taxes, and we are not required by the government to collect them from you. We determine the rate of these charges, and the amounts are subject to change. IF YOU DISPUTE ANY CHARGES, YOU MUST NOTIFY US IN WRITING AT OFFICE OF DISPUTE RESOLUTION, FURRION ACCESS, ELKHART EAST CORPORATE PARK, 52567 INDEPENDENCE COURT, ELKHART, IN 46514 WITHIN 100 DAYS OF YOUR INCURRING THE CHARGE OR YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE IT AND TO BRING OR PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.
Payments and Account Balance
The availability of Services depends upon your payment in advance of all Charges when they are due. If you fail to make payments when due, the Services will be suspended and/or cancelled. By making a payment you will have access to Services for a limited amount of time and you must use the Services during the designated period of time; any unused allotment of Services from one designated period of time will not carry over to the next period (e.g., Services do not roll-over). Amounts paid for Service Charges are non-refundable and account balances are not transferable, refundable, or redeemable for cash. If your account is suspended or cancelled, for any reason, any remaining balance will be forfeited.
You are required to register a Furrion online account in order to activate the Service. You agree to protect your password and other account access credentials from loss or disclosure. You authorize us to provide information about you and to make changes to your account, including the purchase of products and/or Services, upon the direction of any person able to provide information we deem sufficient to identify you. You consent to the use by us or our authorized agents of regular mail, predictive or autodialing equipment, email, text messaging, facsimile or other reasonable means to contact you to advise you about our Services or other matters we believe may be of interest to you. We may contact you by any means regarding customer service-related notifications, or other such information.
Availability of Service and Coverage
Availability of Service and Coverage Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We do not guarantee the availability of the wireless network or any Wireless Services. You must be in the Furrion coverage area. We do not guarantee coverage.
Furrion's Wireless Service rate plans offer limited data access depending on your plan. For more information visit https://furrion.com/pages/access.
Furrion's Limited High-Speed Data Allowance Plans
0.5 GB – $14.49 USD
1 GB – $19.49 USD
3 GB - $34.49 USD
5 GB - $49.49 USD
10 GB - $64.99 USD
Data Services - Permitted Uses
Furrion provides wireless data Services, including, but not limited to, features that may be used with data services and wireless content and applications ("Data Services"). Our Data Services are intended to be accessed with your Device for the following permitted activities: (a) web browsing; (b) email; (c) internet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion. You agree that Furrion may engage in any reasonable network management practice and that you will use Furrion's Data Services only for these permitted activities. Data Services are subject to our Acceptable Use Policy at https://furrion.com/pages/terms-conditions. Furrion's network management practices are available at https://furrion.com/pages/access.
Data Services - Applications and Content
Our Data Services may allow you to access the Internet where you will have access to text, pictures, video, games, graphics, music, email, applications, sound, and other materials primarily from third party content providers unaffiliated with Furrion ("Data Content") and where you will have the ability to send, receive and share Data Content. Furrion is not a publisher of third party Data Content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Third party Data Content may among other things be offensive, indecent, violent, pornographic, inappropriate, false and misleading, inaccurate, unreliable, and unsuitable for children and minors - you are solely responsible for any third party Data Content accessed through our Data Services. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by Furrion or any content providers or other third party. Neither Furrion nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through our Data Services. Third party Data Content may harm your Device and its software, and we are not responsible for any third party Data Content that you download, install, or use with our Data Services.
We measure data usage by the kilobyte, megabyte or gigabyte, where 1024 kilobytes equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session. Data usage occurs whenever your Device is connected to our network and is engaged in any data transmission. This includes among other things, sending and receiving email, texts, documents and content; accessing websites; and downloading and using applications and content. Some applications, content, programs and software that you download or that come pre-loaded on your Device automatically and regularly send and receive data transmissions without any action by you and without your knowledge. For example, applications that provide real-time information and location-based information connect to our network and continuously send and receive updated information. In addition, any advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, as well as any messages or content initiating a response to an advertisement, will count toward your data usage. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase data usage. You will be charged for all data usage when your Device is connected to our network, whether you initiate the connection or it runs automatically in the background and whether successful or not.
The software, interfaces, documentation, data, and content provided for your Device may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by Furrion (hereinafter "Software") is licensed, not sold, to you by Furrion and/or its licensors/suppliers for use only on your Device. You are not permitted to use the Software in any manner not authorized by this license. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by Furrion and/or its licensors/suppliers. Furrion and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge Furrion's Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.
You must respect the intellectual property rights of Furrion, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Furrion or accessed through Furrion's websites. Except for material in the public domain, all material displayed in association with our Services are copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.
Prohibited Uses and the Misuse and Abuse of Services and Devices
When you purchase, activate or use our Services you agree that you will not misuse or abuse our Services by doing, among other things, any of the following: (a) reselling or rebilling our Services, (b) modifying your Device from its manufacturer's specifications; (c) using our Services or any Devices for any fraudulent or unlawful purpose; or (d) using any Service in a manner that is burdensome or unusually excessive when compared to other customers in your area on similar plans.
Furrion's Data Services are not intended to be used in any manner which has any of the following effects and such use is prohibited if in Furrion's sole discretion it: (a) conflicts with applicable law; (b) hinders other customers' access to the wireless network; (c) compromises network security or capacity; (d) excessively and disproportionately contributes to network congestion; (e) adversely impacts network service levels or legitimate data flows; (f) degrades network performance; (g) causes harm to the network or other customers; or (h) is excessive or unreasonable.
Furrion's Data Services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of our wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use Furrion's wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email). Furrion's Data Services may not be used in any manner that has the effect of excessively and disproportionately contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained or continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of data services as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions. Furrion's Data Services may not be used with high bandwidth applications, services and content not optimized to work with Furrion's wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices.
In addition to any other actions Furrion may take for violations of these T&Cs, if in our sole discretion we reasonably believe that you are using Furrion's Data Services in any manner that is prohibited by this Agreement or the Acceptable Use Policy, which Furrion may determine by reviewing your account's data usage, or in any other manner we determine appropriate, then we may without advance notice, and at our option, take any or all of the following actions: (a) reduce your Data throughput speeds; (b) restrict, interrupt or terminate any data session; (c) suspend, cancel or terminate your Data Services; (d) terminate your account; (e) move you to a more appropriate Service Plan with increased data; and/or (f) decline to renew your wireless service.
You agree not to engage in conduct toward our employees, customers, or others that involves the use of abusive, derogatory, insulting, threatening, vulgar, offensive or similarly unreasonable language or behavior; engage in conduct that is harmful to, interferes with, damages, or adversely affects our network and infrastructure, property, Services, Devices, operations, customers, reputation, intellectual property rights, or that results in the publication of threatening, offensive or illegal material, or generates spam or other abusive messaging or calling, a security risk, or a violation of privacy; or violate, in any way, these T&Cs, the Agreement, or our Policies.
Network and Service Protective Measures
We may, at our sole discretion, take any action to protect and maintain the integrity of our network, our rights and property, our Services, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the permitted and prohibited data activities, and the optimization requirements for your Data Services; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) interrupting, suspending, cancelling or terminating your Wireless Services without advance notice. Furrion's network management practices are available at https://furrion.com/pages/access.
Disclaimer of Warranties
FURRION MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW), WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING OUR WIRELESS SERVICES, DEVICES, APPLICATIONS, SOFTWARE, OR OTHER SERVICES SUBJECT TO THIS AGREEMENT. WE DO NOT PROMISE OR GUARANTEE UNINTERRUPTED OR ERROR FREE SERVICE OR COVERAGE.
Limitations on Service and Liability
You agree that, unless prohibited by law, the following limitations of service and liability apply and that neither we nor our parent companies, subsidiaries, affiliates, vendors, suppliers, or licensors are responsible for any damages resulting from: (a) any act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or failures or defects in the Services or Software or Devices provided by or through us; (c) damage or injury caused by the use of Services, Software, or Device, including while used in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services or Software; (f) any health-related claims relating to our Services or Devices; (g) data content or information accessed while using our Services; (h) loss or disclosure of any sensitive information you transmit; (i) interrupted, failed, or inaccurate location information services; (j) information or communication that is blocked by a spam filter; (k) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, including damage or loss from your use of the Services or from viruses, worms, or downloads of malicious content, software, materials, data, text, images, video, or audio; or (l) things we cannot control, including acts of God (such as hurricanes, tornados, fire, earthquake, etc.) riot, strike, war, terrorism, or government action.
Limitation of Liability - No Consequential Damages
UNLESS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES IS FURRION LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, MULTIPLE, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER YOU OR ANY THIRD PARTY MAY SUFFER BY USE OF, OR INABILITY TO USE, SERVICES, SOFTWARE, OR DEVICES PROVIDED BY OR THROUGH FURRION ACCESS, INCLUDING LOSS OF BUSINESS OR GOODWILL, REVENUE OR PROFITS, OR CLAIMS OF PERSONAL INJURIES. THIS LIMITATION AND WAIVER ALSO APPLIES IF YOU BRING A CLAIM AGAINST ONE OF OUR SUPPLIERS IF WE WOULD BE REQUIRED TO INDEMNIFY THE SUPPLIER FOR THE CLAIM.
You agree to indemnify, defend and hold Furrion LLC (including its officers, directors and employees) and our parent companies, affiliates, vendors, suppliers and licensors harmless from and against any and all claims for damages of any nature arising in any way from or relating to, directly or indirectly, the Services, devices, or any person's use thereof (including, but not limited to, vehicular damage and personal injury), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM FURRION'S ALLEGED NEGLIGENCE, or any violation by you of this Agreement.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at +1 800 789 3341. In the unlikely event that Furrion's customer service department is unable to resolve a complaint you may have to your satisfaction (or if Furrion has not been able to resolve a dispute it has with you after attempting to do so informally), we EACH AGREE TO RESOLVE ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF SERVICE, OUR SERVICES, INCLUDING ANY BILLING DISPUTES, THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE. In addition, either party may seek an injunction or other equitable relief for breaches or threatened breaches of these Terms of Service in order to prevent irreparable injury or preserve the status quo. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000 USD, Furrion will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from Furrion to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), Furrion will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what Furrion has offered you to settle the dispute.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER YOUR FIRST DOWNLOAD OR USE OF OUR SERVICES. You must opt out by this deadline for each service. You may opt out of this arbitration agreement by calling +1 800 789 3341. Any opt-out received after this deadline will not be valid and you must pursue your claim in arbitration.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings by sending the other a letter requesting arbitration and describing the claim to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims less than $1,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. In the event that AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure. We will pay any costs that are required to be paid by us under the AAA rules. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the AAA rules. If you are unable to afford any fees that you would otherwise be required to pay, you may request that we pay or reimburse them, and we will consider your request.
CLASS ACTION WAIVER. WE EACH AGREE NOT TO (1) SEE TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ANY ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS, UNLESS ALL PARTIES AGREE; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, (a) WE EACH WAIVE THE RIGHT TO HAVE A TRIAL BY JURY, and (b) any court case will be subject to the exclusive jurisdiction of the federal or state courts located in the federal judicial district that includes your address at the time the arbitration is filed, unless the parties agree otherwise.
Other Important Terms and Provisions
ASSIGNMENT: Furrion may assign this Agreement; but, you may not assign this Agreement without our prior written consent. SEVERABILITY: If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void. CHOICE OF LAW: The law of the state in which our records indicate your telephone number is located shall govern this Agreement except to the extent that such law is pre-empted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the state in which our records indicate your telephone number is located at the time the dispute is commenced, whether in litigation or arbitration, shall govern except to the extent that such law is pre-empted by or inconsistent with applicable federal law. ENGLISH LANGUAGE: The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between you and Furrion, and supersedes any and all prior agreements and understandings relating to the subject matter of this Agreement. SURVIVAL: Those provisions of these T&Cs that would, by their very nature, continue beyond the termination of Services (including dispute resolution by binding arbitration, warranty disclaimers, limitations on liability), shall survive termination of Services.
Acceptable Use Policy
Furrion LLC ("Furrion," "we," "us," or "our") has created this Acceptable Use Policy ("AUP") to encourage the responsible and reasonable use of Furrion's networks, systems, services, websites and products (collectively, the "Furrion Network and Services") by the users ("Users") of the Furrion Network and Services. By using the Furrion Network and Services, you agree to be bound by the terms of this AUP. Furrion reserves the right to change or modify this AUP at any time without advance notice, with any such changes or modifications effective when posted to Furrion's website, www.Furrion.com. Use of the Furrion Network and Services after any such change or modification constitutes your acceptance of the change or modification to this AUP. "Device" means the Furrion router we or a Furrion authorized retail location provide or sell to you.
Data Speeds on All Plans
4G LTE data access on Furrion's network allows theoretical maximum download speeds of 150 Mbps.
Mobile Broadband Information
Please visit Furrion's Mobile Broadband Information page which provides information about network practices, performance characteristics, and commercial terms applicable to our mobile broadband Internet access services, consistent with the Federal Communications Commission's Open Internet rules.
Acceptable Data Uses
Furrion's data services are intended to be used with a Device for the following permitted activities: (a) web browsing; (b) email; (c) internet access; (d) uploading and downloading ordinary applications and content to and from the Internet; and (e) using applications and content without excessively contributing to network congestion. You agree that Furrion may engage in any reasonable network management practice and that you will use Furrion's data services only for these Acceptable Data Uses.
Prohibited Data Uses
Furrion's data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if in Furrion's sole discretion it: (a) conflicts with applicable law; (b) hinders other customers' access to the wireless network; (c) compromises network security or capacity; (d) excessively and disproportionately contributes to network congestion; (e) adversely impacts network service levels or legitimate data flows; (f) degrades network performance; (g) causes harm to the network or other customers; (h) is resold either alone or as part of any other good or service; (i) requires a specific Service plan or feature for that particular use and you have not subscribed to the required Service plan or feature; or (j) is excessive or unreasonable.
Prohibited SIM Card Uses
Your Device uses a Furrion SIM Card to access our data services. You are prohibited from removing or tampering with the Furrion SIM Card; doing so will void the Device Warranty.
Examples of Prohibited Data Uses
Furrion's data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of our wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use Furrion's wireless services or other parties' Internet-based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email).
Furrion's data services may not be used in any manner that has the effect of excessively and disproportionately contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained or continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; "auto-responders," "cancel-bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of data services as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions.
Furrion's data services may not be used with high bandwidth applications or, services and content not optimized to work with Furrion's wireless data services that disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices.
In addition to any other actions Furrion may take for violations of this AUP, if in our sole discretion we reasonably believe that you are using Furrion's data services in any manner that is prohibited by this AUP, which Furrion may determine by reviewing your account's data usage, the Devices or devices used on your account, or in any other manner we determine appropriate, then we may without advance notice, and at our option, take any or all of the following actions: (a) reduce your data throughput speeds; (b) restrict, interrupt or terminate any data session; (c) suspend, cancel or terminate your data services; (d) terminate your account; (e) move you to a more appropriate service plan with increased data or high speed data access allowances; and/or (f) decline to renew your wireless service.
NETWORK AND SERVICES PROTECTIVE MEASURES
We may, at our sole discretion, take any action to protect and maintain the integrity of Furrion's Network and Services, our rights and property, or the rights and interests of others, including, but not limited to (a) modifying, without advance notice, the acceptable and prohibited data uses, and the optimization requirements for your data service; (b) engaging in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; (c) reducing your data throughput speeds at any time or place if your data usage exceeds an applicable usage threshold; (d) using reasonable methods to monitor and collect customer usage information to better optimize the operation of the network; (e) changing the Service Plan you selected to a Service Plan identified by Furrion that has the same or lower rate; (f) interrupting, suspending, cancelling or terminating your wireless service without advance notice.
PROHIBITED NETWORK AND SERVICES ACTIVITIES
Furrion prohibits use of the Furrion Network and Service in any way that is unlawful, harmful to or interferes with use of Furrion's network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/Email/Usenet abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Furrion-branded website or from a website that contains Furrion-branded content is a violation of this AUP.
Furrion Network and Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Violation of Intellectual Property Rights
Furrion Network and Services shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Furrion or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content
Furrion Network and Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those Furrion Network and Services that utilize Furrion provided web hosting, Furrion reserves the right to decline to provide such services if the content is determined by Furrion to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libellous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Inappropriate Interaction with Minors
Furrion complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.
Furrion Network and Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Furrion at the following email address: email@example.com. Furrion will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Electronic Messaging Abuse
Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating Electronic Messaging constitutes a violation of this AUP. For the purpose of this section "Electronic Message" shall mean any electronic message, including but not limited to email.
Electronic Messaging abuse is prohibited using Furrion Network and Services. Examples of Electronic Messaging abuse include but are not limited to the following activities:
- sending multiple unsolicited Electronic Messages to one or more recipient(s);
- sending unsolicited commercial Electronic Messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited Electronic Messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
- sending bulk Electronic Messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending Electronic Messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Furrion network or of the networks with which Furrion interconnects, by virtue of quantity, size or otherwise;
- using another site's mail server or messaging platform to relay Electronic Messages without the express permission of that site;
- using another computer (including smartphones and tablets), without authorization, to send multiple Electronic Messages or to retransmit Electronic Messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
- using IP addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited Electronic Messages;
- maintaining a site that is advertised via unsolicited Electronic Messages, regardless of the origin of the unsolicited Electronic Messages;
- sending Electronic Messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Furrion Network and Services (e.g., through language, frequency, size or otherwise);
- using distribution lists containing addresses that include those who have opted out from receiving Electronic Messages;
- sending Electronic Messages that do not accurately identify the sender, the sender's return address, the email address of origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial Electronic Messaging to advertise a website or service;
- posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
- intercepting, redirecting or otherwise interfering or attempting to interfere with Electronic Messaging intended for third parties;
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; or
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
NETWORK AND SERVICES SECURITY
Furrion Network and Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Furrion's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:
- unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of email addresses;
- hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);
- using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking;
- engaging in the transmission of pirated software;
- using manual or automated means to avoid any use limitations placed on the Furrion Network and Services;
- providing guidance, information or assistance with respect to causing damage or security breach to Furrion's network or systems, or to the network of any other IP Service provider; and
- failure to take reasonable security precautions to help prevent violation(s) of this AUP.
USER RESPONSIBILITY FOR CONTENT
Furrion Network and Services Users are solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Furrion Network and Services. Furrion has no obligation to monitor content of any materials distributed or accessed using Furrion Network and Services. However, Furrion may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect Furrion Network and Services and its customers. Furrion has no responsibility for any material created on or using Furrion's network or accessible using Furrion Network and Services, including content provided on third-party websites linked to the Furrion network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Furrion of the content of such sites.
SUSPENSION AND/OR TERMINATION OF WIRELESS SERVICE
Furrion may without advance notice, suspend or terminate the wireless service of any User which Furrion in its sole discretion and judgment reasonably believes to have violated any part of this AUP. Furrion will suspend service for violation of this AUP as Furrion determines is reasonably practical under the circumstances to address the underlying violation. Furrion may without advance notice, take such further action in addition to those specifically set forth in this AUP, as Furrion determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Furrion shall not be liable for any damages of any nature suffered by any User or third party resulting in whole or in part from Furrion's exercise of its rights under this AUP.