GoGig Residential Broadband Terms of Service
Last updated July 26, 2021
Customer ("You" or "Customer") agrees to be bound to these Residential Terms of Service (the “Terms” and, collectively with the payment terms you are signing up for, the "Agreement") with respect to all services ("Service(s)") provided by GoGig, Inc. and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "GoGig"). The Agreement includes the general terms of service set forth below, as well as the additional terms of service applicable to the specific GoGig Services and features to which you subscribe or have access, including high speed data service ("High Speed Internet Service"), support services and applications, which may be set forth below or provided at https://www.gogig.net/home-broadband-terms.html from time to time (collectively, as the same may be updated by GoGig from time to time, the "Additional Terms of Service"), which are incorporated in this Agreement by reference. You further understand and agree that the GoGig Communications Privacy Policy ("Privacy Policy"), which governs the collection, use and disclosure of Customer personal information, is likewise incorporated herein by reference.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
GENERAL TERMS OF SERVICE APPLICABLE TO SERVICES
1. Payment of Charges. The charges for installation and one month of Services, including any deposits, activation, installation and Equipment charges, are due before or upon installation of the Services or such other date as agreed by GoGig and You. Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees (such as restoration or experience fees), taxes, regulatory fees, franchise fees, surcharges (and other government assessments no later than the date indicated on Customer's bill. Charges for non-recurring Services or Equipment charges will be reflected on Customer's subsequent bill at the then current applicable rates. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes GoGig to charge such accounts.
Failure to receive a bill does not release Customer from Customer's obligation to pay. Failure to pay the total balance when due (including checks returned for insufficient funds) shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Customer's premises and/or imposition of a late fee ("Late Fee") in accordance with applicable law. You can avoid incurring Late Fees by paying your monthly bill promptly. Any Late Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a penalty, a credit service charge or a finance charge.
If the Customer has more than one account (Business and/or Residential) served by GoGig, all GoGig provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
Monthly Subscriptions: If you have elected to pay on a monthly basis, your monthly subscription begins either on or the first day following your installation date and automatically renews thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. If your subscription has converted to a month-to-month subscription after the end of an extended term (as described below) such monthly subscription will begin as of the end of the initial extended term and will automatically renew thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
Extended Terms: If you have elected to pay up front for an “extended term” (meaning a term of two or more months), payment of the full amount is due before GoGig is obligated to begin providing Service. At the end of the extended term, your subscription will convert to a month-to-month subscription at GoGig’s then-current monthly rate for Service at the level at which you are then subscribed.
All rates for Services, Equipment charges and other fees and surcharges are subject to change in accordance with applicable law. GoGig may change its monthly rate for Services upon 30 days’ prior notice to you (which may be delivered by mail or email to the address GoGig has on account for you), provided that: (i) GoGig will not change its monthly rate more than once in a twelve-month period, and (ii) Changes in GoGig’s rates will not affect or be applied to extended terms for which Customer has previously paid up front for the full extended term. These restrictions on GoGig changing its monthly rate do not apply to FCC or other governmental fees and other charges, which may be changed from time to time by law and which will be passed on to you.
You may cancel Service(s) up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Any request for cancellation after the commencement of a service period will be effective at the end of the then-current service period. Access to the Services will continue to be provided at the location ordered or, if you move to a GoGig-served area and change of service location is acceptable to GoGig (in its sole discretion), to your new location (subject to any installation charges).
All payments (including up front payments for extended terms) are nonrefundable and early cancellation of Services for any reason will not entitle Customer to a refund of previously charged amounts (except as expressly stated in Section 9 below).
2. Additional Fees. In addition to Customer's monthly recurring charges and any Late Fee, additional fees may be imposed, including fees for returned checks, charge card chargeback, early termination (if permitted), reconnection and service calls. Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees.
3. Third Party Provider Charges. In connection with Customer’s use of the Services and Equipment, Customer may be able to access, subscribe to, use and/or purchase products, services, software or applications that are provided to Customer by third parties ("Third Party Providers"). Customer acknowledges that Customer may incur charges in connection with the subscription to, purchase or use of these Third Party Provider products, services, software or applications. All such charges, including any additional fees and applicable taxes, shall be paid by Customer to the Third Party Provider and are not the responsibility of GoGig. Credits or billing adjustments for products, services, software or applications billed by a Third Party Provider shall be subject to the stated billing practices of that Third Party Provider. Termination of a service or subscription offered for a separate charge billed directly by a Third Party Provider shall be effected in accordance with the Terms of Service or similar agreement between the Customer and the Third Party Provider.4. Taxes. Customer agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
5. Right to Make Credit Inquiries. Customer acknowledges and agrees that GoGig may (a) verify Customer's credit standing, make inquiries and receive information about your credit experiences, including your credit report, from credit reporting agencies; (b) enter this information in your file, and disclose this information concerning you to appropriate third parties for reasonable business purposes; and (c) furnish information about you (including your social security number), your account(s) and your payment history to those credit reporting agencies.
6. Payment Card/Account Information. If GoGig (or its third-party service provider) has collected credit card, debit card or other payment account information from Customer (“Customer Payment Account”), Customer agrees that GoGig may withdraw funds from, or make charges to, such Customer Payment Account as and when due hereunder, including monthly service fees and any other fees which may become due hereunder (including, without limitation, repair or replacement charges for Equipment). In the event that the Customer Payment Account is no longer valid for any reason (including, without limitation, Customer’s closing the associated account, Customer information changing, a credit or debit card being replaced or expiring or any other reason), Customer agrees that it shall immediately notify GoGig and update GoGig with valid Customer Payment Account information and payment for all missed payments. GoGig may suspend Service in the event that Customer does not make a timely payment (including in the event that a charge against a Customer Payment Account is denied or charged back). Suspended Service for such reasons does not entitle Customer to a refund or abatement.
7. Security Deposits. GoGig may require a deposit or activation fee based on Customer's credit standing or past payment history with GoGig. A deposit and/or activation fee does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. Any security deposit given by Customer for the Equipment or GoGig's Service will be due and payable upon the first monthly billing. Such security deposits will be returned to Customer within sixty (60) days of termination of GoGig's Service so long as payment has been made for all amounts due on Customer's account and Customer has returned the GoGig Equipment undamaged. Security deposits paid by Customer for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service. Customer shall remain liable for any outstanding balances after the security deposit has been applied. Further terms and conditions of the security deposit may be contained in the deposit receipt given to Customer at the time the security deposit is collected.
8. Disputed Charges. Customer agrees to pay all undisputed monthly charges and all applicable fees and taxes as itemized on the GoGig monthly bill and notify GoGig in writing of disputed items or requests for credit within thirty (30) days of Customer’s receipt of the bill for which correction of an error or credit is sought, or longer as provided by applicable law. The date of the dispute shall be the date GoGig receives sufficient documentation to enable GoGig to investigate the dispute. The date of the resolution is the date GoGig completes its investigation and notifies the Customer of the disposition of the dispute.
9. Adjustments or Refunds. Any adjustment or refund, given in each case in GoGig’s sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law or agreed otherwise by GoGig in a specific circumstance, in its sole discretion. Except as otherwise expressly provided in this Agreement, the liability of GoGig, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "GoGig Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer's Service charges and associated Equipment fees for a regular billing period ("Maximum Credit"). No credit allowance will be made for interruptions of Service that are:
10. Equipment and Software. Unless GoGig expresses otherwise in writing, all equipment, including but not limited to, any cables, conduits, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, routers, gateways, ONTs and mounting equipment distributed to and/or installed for use in the Customer’s service location(s) by or on behalf of GoGig ("Equipment"), network facilities, and software installed or provided by GoGig remains the property of GoGig, except that all wiring on the Customer’s side of the demarcation point at Customer’s service location, whether installed by GoGig or by Customer, shall be Customer property and not GoGig Equipment, and repair and maintenance for such wiring is the responsibility of Customer unless otherwise agreed by Customer and GoGig. The demarcation point shall mean a point at (or about) twelve (12) inches outside of where the cable wire enters the Customer’s service location. Specifically, GoGig will provide Customer with a router at the time of installation, and Customer is responsible for maintaining such router in good repair and returning it to GoGig promptly upon termination of Services for any reason. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment, including but not limited to cable boxes and/or set top boxes be deemed a lease of such Equipment, except that GoGig shall not be required to remove any ONT, cabling or wiring and associated mounting hardware it may have installed as part of installation upon termination of services. Customer will acquire no ownership or other interest in the Equipment, network facilities, and software by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the Equipment or network facilities to Customer's residence or premises.
a. Residential Use. The Services provided under this Agreement are solely for Customer's personal, residential use and Customer shall not use Services for any commercial purpose. GoGig shall have the right to determine, in its sole discretion, what constitutes a "commercial" purpose.
b. Theft of Service. Customer shall not intercept, receive or assist in the interception or receipt of, resell, distribute or duplicate any Services. In no event shall Customer use the Services and/or Equipment to engage in any illegal or prohibited activity.
12. Customer Liability for Users. Customer must be at least eighteen years of age to subscribe to Services. Customer is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Customer's premises, equipment or account. Customer is responsible for ensuring that all persons who use Customer's Services (each, a "User") understand and comply with all terms and conditions applicable to the Services.
13. Access to Customer Premises. Customer grants GoGig and its employees, agents, contractors, and representatives the right to access and otherwise enter Customer's premises and the property upon which the premises are located, and to access Equipment, the wiring within Customer's premises and Customer's computer(s) and other devices to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage, or install or deliver GoGig provided Software. Customer shall cooperate in providing such access upon request of GoGig. If Customer is not the owner of the premises, Customer warrants that Customer has obtained the legal authority of the owner to authorize GoGig personnel and/or its agents to enter the premises for the purposes described herein. GoGig’s failure to remove its Equipment shall not be deemed an abandonment thereof. Customer is responsible for making all such spaces in or about the premises and on the property upon which it is located safe for GoGig and its employees, agents, contractors and representatives to perform installation, repair, inspection or other services they are performing (including, without limitation, from pets or other risks). If the personnel of GoGig or its contractors feel unsafe at the premises or on the property at any time they are entitled to cease (or not to begin) the services for which they are there until such time as Customer has made such premises and property safe to the reasonable determination of such personnel, and Customer hereby agrees to do so.
14. Violations of this Agreement: It shall be a violation of this Agreement for Customer or any User: (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in GoGig’s sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
16. Effect of Termination by GoGig: Customer agrees that in the event of termination by GoGig: (i) GoGig and any Third Party Providers of co-branded services offered as part of or through the high speed internet service shall have no liability to Customer or any User; and (ii) unless expressly prohibited by law, GoGig, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Services by Customer or any former User. Customer further agrees that upon termination of any Service, Customer will immediately cease use of the Equipment and any Software, and; Customer will pay in full the charges for Customer's use of the Service and the Equipment through the later of: (i) Customer's applicable Service month, or (ii) if applicable, the expiration of any promotional term, or, if applicable, (iii) the date when the associated Equipment or Software has been returned to GoGig. Failure of GoGig to remove Equipment shall not be deemed an abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to GoGig in the event that Customer shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
17. Content and Services: All content, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, email, data offerings and other services are subject to change in accordance with applicable law.
18. Disclaimer: GoGig assumes no liability for any program, services, content or information distributed on or through the Services, Equipment or the cable system, unless locally provided by GoGig, and GoGig expressly disclaims any responsibility or liability for your use thereof. Further, GoGig shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
19. Telephone Communications With You Regarding Your Account or Service: You agree that GoGig and its agents may call or text you at any phone number (landline or wireless) that you provide to us, using an automated dialing system and/or a prerecorded message, for non-promotional service and/or account-related purposes, such as appointment confirmations, service alerts, billing and collection issues or account recovery concerns. You agree to notify us: (1) if any such phone number changes; (2) is no longer active; or (3) is ported from a landline to a wireless phone number. You can manage your contact preferences by logging into your account at http://www.GoGig.com.
20. No Waiver. The failure of GoGig to enforce this Agreement and any of its components, for whatever reason, shall not constitute a waiver of any right of GoGig or the ability to assert or enforce such right at any time in the future.
21. No Assignment. This Agreement and the Services and/or Equipment supplied by GoGig are not assignable or otherwise transferable by Customer, without specific written authorization from GoGig. In GoGig's discretion, GoGig may assign, in whole or in part, this Agreement, and Services may be provided by one or more legally authorized GoGig affiliates.
22. No Warranty; Limitation of Liability. Customer expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by GoGig on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied; (b) the GoGig Parties are not responsible or liable for any loss or impairment of service due in whole or in part to Customer owned- or provided-Equipment; and (c) all use of the Services, Software and Equipment, including that provided by Third Party Providers, as well as the purchase, download or use of any third party service, product, or application provided by or accessed through the Services or Equipment, are provided at Customer’s sole risk and Customer assumes total responsibility for Customer’s or any User’s use of the Services. Without limiting the generality of the foregoing, the GoGig Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Customer owned- or provided-Equipment; or (iv) as to the security of Customer’s communications via GoGig’s facilities or Services, or that third parties will not gain unauthorized access to or monitor Customer’s communications. Customer has the sole responsibility to secure Customer’s communications and the GoGig Parties will not be liable for any loss associated with such unauthorized access. In addition, neither the GoGig Parties nor any Third Party Provider of services or products makes any representations or warranties with respect to any product or services offered through the Services or Equipment, and GoGig shall not be party to nor responsible for monitoring any transaction between Customer and any Third Party Provider of products or services.
Except for a refund or credit as expressly provided in this Agreement, in no event (including negligence) will the GoGig Parties be held responsible or liable for any loss, damage, cost or expense including direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including, but not limited to, loss of profits, earnings, business opportunities, loss of data, personal injury (including death), property damage or legal fees and expenses, sought by Customer or anyone else using Customer’s Service account: (x) resulting directly or indirectly out of the use or inability to use the Services (including the inability to access emergency 911 or e911 services for phones or other telecommunication equipment over the Services) and/or use of the Software, Equipment or provided third party services or otherwise arising in connection with the installation, maintenance, failure, removal or use of Services, Software and/or Equipment or Customer’s reliance on the Services, Software and/or Equipment, including without limitation any mistakes, omissions, interruptions, failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in installation, failure to maintain proper standards or operation, failure to exercise reasonable supervision, delays in transmission, breach of warranty or failure of performance of the Services, Software and/or Equipment; or (y) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding relating to Services, Software and/or Equipment, or the infringement of the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party.
If Customer resides in a state which laws prevent Customer from taking full responsibility and risk for Customer’s use of the Services and/or Equipment, GoGig’s liability is limited to the greatest extent allowed by law.
23. Indemnification. Customer agrees to defend, indemnify and hold harmless the GoGig Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of the use of Customer's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by GoGig to Customer. Customer agrees to indemnify and hold harmless the GoGig Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of GoGig's Equipment, facilities and associated wiring on Customer's premises and further, Customer indemnifies and holds harmless the GoGig Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of GoGig or the use thereof by Customer; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by GoGig, and apparatus, Equipment, and systems provided by Customer; and against all other claims arising out of any breach of this Agreement by Customer or any other negligent, intentionally wrongful or illegal act or omission of Customer in connection with the Services or facilities provided by GoGig.
24. Binding Arbitration. Please read this section carefully. It affects your rights.
Any and all disputes arising between You and GoGig, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this arbitration provision. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
Resolving Your dispute with GoGig through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GOGIG EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
a. Pre-Arbitration Process.
i. Notice Of Dispute. Before commencing an action in arbitration, You must first notify us of Your dispute and allow us an opportunity to resolve it without the need for arbitration. You must write us a letter briefly explaining the dispute and stating the relief that You demand. Provide as much information as possible, including where applicable dates and specific amounts of money. Also include the account holder's name, the account number, the service address, and a telephone number at which You may be reached during business hours. For Your convenience, You may download a Notice of Dispute form from our website at https://gogig.net . Once you have written the letter or filled out the Notice, send it to us by certified mail at 1700 Lookout Drive, Blacksburg, VA 24060, Attn: Customer Disputes.
ii. 30 Day Wait Period. If GoGig has not been able to resolve your dispute to your satisfaction within 30 days from when we received your Notice of Dispute, you may start arbitration proceedings.
b. Commencing an Arbitration. To commence an arbitration, you must submit a written Demand for Arbitration to us by certified mail.
c. Arbitration Process. The arbitration will be administered by the AAA under the AAA’s Consumer Arbitration Rules, as modified by this arbitration provision. You may obtain copies of those rules from the AAA at www.adr.org. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this arbitration provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will administer arbitration under this arbitration provision as written. If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern.
A single arbitrator will resolve the dispute between You and GoGig. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including Customer personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this arbitration provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this arbitration provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise, any arbitration hearing will take place in the county (or parish) of Your service address. If the amount in dispute is less than $50,000 and does not seek any form of injunctive relief, GoGig agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $50,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
d. Arbitration Fees. Except as otherwise provided in this arbitration provision, GoGig will pay all arbitration filing, administrative, and arbitrator fees for any arbitration that GoGig commences. If You commence an arbitration, all arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys’ or expert witness fees and expenses, unless the arbitrator determines that applicable law requires GoGig to pay those costs and expenses. Notwithstanding the foregoing, if the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse GoGig for any amounts GoGig may have paid on Your behalf.
e. Governing Law. Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this arbitration provision. Any state statutes pertaining to arbitration shall not be applicable.
f. Waiver of Class and Representative Actions.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED.
You and GoGig agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This arbitration provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other GoGig account holders, neither You nor GoGig may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and GoGig proceeds to court rather than through arbitration, You and GoGig each waive the right to any trial by jury through this Agreement.
h. Severability and Survival. If any other portion of this arbitration provision is determined to be unenforceable, then the remainder of this arbitration provision shall be given full force and effect. The terms of the arbitration provision shall survive termination, amendment or expiration of this Agreement.
25. Governing Law. Subject to Section 24.e above, this Agreement shall be governed by the laws of the Commonwealth of Virginia.
26. Severability. If any term or condition of this Agreement shall be adjudicated or determined as invalid or unenforceable by a court, tribunal or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
27. No Relationship. Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between GoGig and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other third party providers of elements of the High Speed Internet Service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
28. Survival. All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and GoGig rights and the rights of others).
29. Force Majeure. GoGig Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over GoGig, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
30. Entire Agreement. This Agreement, including the applicable Additional Terms of Service, Privacy Policy and other terms and policies incorporated herein, the payment terms have agreed or subscribed to pursuant to GoGig’s website and any work/service order presented to You at time of installation ("Service Order") constitute the entire agreement between GoGig and Customer with respect to the Services. No undertaking, representation or warranty made by an agent or representative of GoGig in connection with the sale, installation, maintenance or removal of GoGig's Services or Equipment shall be binding on GoGig except as expressly included herein.
31. Amendment; Notice. GoGig may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time or the terms or policies incorporated herein. GoGig may notify Customer of any such changes to this Agreement, or any other required or desired notice hereunder, by posting notice of such changes on GoGig’s website (www.GoGig.net), or by sending notice via email or postal mail to Customer’s billing address, and/or by contacting the telephone number(s) on Customer's account (including mobile phones) by means such as but not limited to browser bulletins, walled garden (browser interruption), voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems. Customer agrees that any one of the foregoing will constitute sufficient notice. Because GoGig may from time to time notify Customer about important information regarding the Services, the Privacy Policy and this Agreement by such methods, Customer agrees to regularly check his or her postal mail, e-mail and all postings on the GoGig web site (www.GoGig.net) and Customer bears the risk of failing to do so.
ADDITIONAL TERMS OF SERVICE FOR HIGH SPEED INTERNET SERVICES. Customer understands and agrees that use of the High-Speed Internet Service provided by GoGig, which may include internet access services, on line video services, e-mail services, e-commerce, online content, features and other online services under the control of GoGig or its affiliates, is subject to the following additional terms of service ("Additional Internet Terms"), which are incorporated into the Agreement:
1. Authorized Connections. GoGig agrees to provide Customer with the number and type of High-Speed Internet Service connection(s) at the Customer Locations as requested in the Service Order. Customer shall not exceed the number, types or location of such authorized connections.
2. Minimum Equipment. Customer agrees that the Customer Equipment utilizing the High Speed Internet Service must meet the minimum computer requirements outlined in the informational literature GoGig has provided (or as outlined on GoGiG’s website) and as may be amended from time to time. If Customer proceeds with the installation of or uses the High Speed Internet Service utilizing Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), Customer agrees that (i) Customer will not be entitled to customer support from GoGig relating to any issues other than the quality of the signal delivered to the Customer's receptacle, and (ii) Customer understands and agrees that Customer may not be able to successfully install, access, operate, or use the High Speed Internet Service with the Non-Recommended Configuration. CUSTOMER ACKNOWLEDGES THAT ANY INSTALLATION, ACCESS, OPERATION OR USE OF NON-RECOMMENDED CONFIGURATIONS COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA. NEITHER GOGIG NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
3. Upgrades. Customer acknowledges that the Equipment is merely a means through which the High Speed Internet Service is provided by GoGig and may be removed or changed by GoGig at its discretion as it deems appropriate, including through "uploads" to Customer's computer(s) or otherwise. Whether the cable modem and/or router is owned by Customer or GoGig, GoGig shall have the unrestricted right, but not the obligation, to upgrade the firmware in the cable modem at any time that GoGig, in its sole discretion, determines it is necessary or desirable. Customer assumes all responsibility for any degradation in or problems from the failure to upgrade. GoGig does not represent, warrant or covenant that installation and modifications of peripheral devices, including Network cards, computer equipment, software, computer files and other system configuration files necessary to operate the High Speed Internet Service will not disrupt or delay the normal operations of Customer's computer device(s) or associated equipment. GoGig shall have no liability whatsoever for any loss, damage or outage resulting from the above. Upon Customer request and, at GoGig's sole discretion, for an additional charge, GoGig or its agents may install certain software, an extra cable receptacle, a cable modem and associated equipment for operation of the High Speed Internet Service. If installed by GoGig, GoGig shall use reasonable efforts to install the High Speed Internet Service to a fully operational status.
4. Back-Up. Customer agrees to either back-up all existing computer files prior to installation of any Equipment to Customer's computing device or accept sole responsibility for lost or damaged files, data or programs. In all events, GoGig shall have no liability whatsoever for any damage or loss or destruction of any of Customer's software, files, data or peripherals.
5. Acceptable Use Policy. Customer shall comply with all of GoGig's standards for acceptable use with respect to the High Speed Internet Service and other Services and shall refrain from any illegal and/or inappropriate activities, including without limitation as outlined in the AUP. The AUP will be updated from time to time and the latest version will supersede all prior versions. Please click here for the most updated AUP.
6. Effect of Termination. Following the termination of Customer's High Speed Internet Service account for any reason, GoGig is authorized to delete any files, programs, data, e-mail addresses and e-mail messages associated with such account. Such deletion may include Customer forfeiting his/her account user names, all e-mail, IP and web space addresses. Any incoming e-mail to Customer's canceled account will not be forwarded to another account. GoGig shall have no liability whatsoever as the result of the loss or destruction of any information, data, names or addresses. This section shall not mean or imply that Customer is entitled to terminate such Service except as provided in the Agreement above.
7. Network. GoGig utilizes a network that allows bi-directional access to the Internet. The network is not intended to protect Customers from hackers, viruses or other harmful elements that may result from participation in High Speed Internet Services, and as such, Customer should not rely on the network to provide such protection. GoGig may run third party virus check software or other protection measures over its network to scan e-mails or Internet activity; however, GoGig does not represent, warrant or covenant that such software will detect, repair or correct any or all viruses or other harmful code or software.
8. Personal Web Pages and Content. Customer is solely responsible for any information, materials or content that Customer publishes on its web pages or otherwise makes available on the Internet. Customer should take appropriate precautions to prevent minors from receiving inappropriate content. GoGig and its affiliates reserve the right to refuse to post and/or to remove any information, materials or content, in whole or in part, that it deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
9. Accuracy of Content. Customer understands and agrees that by using the High Speed Internet Service, Customer and/or User may be exposed to materials or content that is offensive, indecent, sexually explicit, objectionable, or that may violate federal, state or local laws, rules or regulations or may violate the protected rights of the Customer or others. Customer also understands that the technical processing and transmission of the High Speed Internet Service, including Customer's content or material, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and that under no circumstances will the GoGig Parties be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any content, including, but not limited to, any errors or omissions in any content, access to such content or material by Customer or others, or incurred as a result of the use of any content posted, or otherwise transmitted via the High Speed Internet Service. Customer acknowledges that software programs claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available. The GoGig Parties make no representation or warranty regarding the effectiveness of such programs.
10. Scheduled Service Repair, Maintenance or Upgrade. GoGig may from time-to-time schedule Service repair, maintenance or upgrades to provide Customer with High Speed Internet Service. Customer shall not receive High Speed Internet Service credits for such scheduled repairs, maintenance or upgrades. If there is a known and unscheduled High Speed Internet Service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to local law), GoGig, upon prompt notification of such failure to interruption by Customer, may provide Customer with a pro-rata credit relating to such failure or interruption. GoGig Parties will not be liable for any direct, incidental or consequential damages or losses from any interruption in High Speed Internet Service.
11. Changes to High Speed Internet Services. GoGig may also, at any time and in its sole discretion, without notice, change, add to or remove portions of the High Speed Internet Service (including, without limitation, content, functionality, hours of availability, Equipment requirements, speed, upstream and downstream limitations, Service features, storage capacity, and protocol filtering) and/or institute or otherwise change rates, fees and charges for the High Speed Internet Service. GoGig may notify Customer of any such changes as described in Section 31 of the Agreement, including by posting notice of such changes on GoGig’s website (www.GoGig.com), by sending notice via email or postal mail to Customer’s billing address, by contacting the telephone number(s) on Customer’s account (including mobile phones) by means such as but not limited to voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems, and/or browser bulletins, or walled garden (browser interruption). Customer agrees that any one of the foregoing will constitute sufficient and effective notice. If any material change negatively affects your High Speed Internet Service, you have the right to cancel your High Speed Internet Service. Your continued receipt of the High Speed Internet Service for more than thirty (30) days after the change, however, will constitute your acceptance of the change.
12. Service Usage. GoGig has no obligation to track High Speed Internet Service usage of Customer; however, as a part of the provision of Service and in order to protect from unauthorized reception of Service, GoGig may track through its network certain usage, usage patterns and/or selections indicated by Customer or other information necessary to satisfy any law or regulation to properly operate the High Speed Internet Service and/or to protect GoGig, its cable television system, network, Services, Equipment and/or Customers.
13. Network Integrity. GoGig reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes, but is not limited to: port blocking, e-mail virus scanning, denying access to malicious domains, denying e-mail access or transmission, and putting limits on bandwidth and email usage.
14. Internet Access Speeds, Customer agrees that actual Internet speeds that are experienced at any time will vary based on a number of factors, including the capabilities of Customer's computer equipment, Internet congestion, the performance of network servers and routers, the technical properties of websites visited, environmental factors, the content and applications accessed, the condition of any lines between these two points, and any network management tools and techniques employed by GoGig.
15. Bandwidth, Data Storage and Other Limitations. Customer agrees to comply with GoGig's bandwidth, data storage and other limitations of the High Speed Internet Service as established and modified by GoGig from time to time. If the GoGig High Speed Internet Service for which you have subscribed includes a specific allowance of bandwidth consumption for use during each of your monthly billing cycles at no additional charge, consumption of bandwidth in excess of the allowance will be charged an additional amount at the rates stated on your bill. Unused amounts of the bandwidth allowance expire at the end of your monthly billing cycle and do not carry over to subsequent billing cycles. It is your responsibility to secure your personal network, and monitor and manage your bandwidth usage, which you may check using the online usage monitor available through your individual account at www.GoGig.net. Customer agrees that its bandwidth usage activity will not improperly restrict, inhibit or degrade any other user's use of the High Speed Internet Service, nor represent (in GoGig's sole judgment) an unusually large burden on the network. Customer also agrees that its activity will not restrict, inhibit, disrupt, degrade or impede GoGig's ability to deliver and track its High Speed Internet Service, backbone, network nodes and/or other network services.
16. Sole Risk. Use of the High Speed Internet Services provided by GoGig, in addition to third-party products or services provided by or accessed through the High Speed Internet Service or the Internet is at Customer's sole risk and Customer acknowledges that the High Speed Internet Services are provided "AS IS." Accordingly, any information sent through or over the network is sent at Customer's sole risk.
17. Customer Security. When Customer's computer device is connected to a cable modem, it constitutes a "local" segment of the network. All of Customer's traffic to or from this local segment will be reflected by the cable modem in an unencrypted format onto the network (unless separate encryption technology is utilized) and will be subject to eavesdropping by third parties. Further, through the use of file and print sharing features, third parties outside of Customer's premises may be able to access Customer's computer devices across the network and access Customer's software, files and data. Any Customer who chooses to subscribe to GoGig's High Speed Internet Services and enables capabilities such as file sharing, print sharing or other capabilities that allow third party computer access, does so at his/her own sole risk. Customer is solely responsible for any security devices Customer chooses to connect or install on his/her computer device, in addition to any transmissions to or from Customer or its authorized Users. GoGig Parties shall not be liable or responsible for any unauthorized sharing, access, eavesdropping or any associated risks.
18. Additional Terms for GoGig-provided Wireless Router/Gateway and Wireless Access Point. GoGig-provided wireless routers, gateways, managed access points (with built-in router/gateway) (each, a "GoGig Router/Gateway") are available to certain Customers and provide wireless access to the High Speed Internet Service within the Customer's residence ("Home Network"). GoGig Router/Gateways come programmed with certain default settings and configurations for the Home Network. Customers may modify certain of the default settings and configurations on the GoGig Router/Gateway although GoGig recommends maintaining the default configuration and settings. GoGig does not guarantee the security of the GoGig Router/Gateway and Customer's connection to the High Speed Internet Service via the Home Network. Customer understands and agrees that Customer is solely responsible for the security of his/her Home Network. The GoGig Router/Gateway will collect and maintain certain information regarding access to and use of the Home Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by GoGig to provide the High Speed Internet Service and support as well as for internal business analytics regarding the use of the High Speed Internet Service. Customer acknowledges and agrees that GoGig shall have access to the password associated with the GoGig Router/Gateway in order to provide support and diagnostic services. GoGig reserves the right to modify the password for the GoGig Router/Gateway in order to safeguard Internet security, the security and privacy of Customer information, where required by law, and/or for other good cause to provide, upgrade and maintain the High Speed Internet Service, and protect the network, other users of the Internet, or our Customers. GoGig shall notify Customer of any such password modifications. Customer acknowledges that the GoGig Router/Gateway is GoGig Equipment.
In certain circumstances, a range extender or WiFi extender may be required to be installed and connected to the GoGig Router/Gateway in order to connect wirelessly to the High Speed Internet Service throughout Customer’s residence. A monthly extender equipment fee may apply. Customer understands and agrees that where the GoGig Router/Gateway is a wireless router and a range extender is required, the GoGig-recommended installation method is through a wired connection directly to the GoGig Router/Gateway. Customer understands and agrees that wireless router range extender installations are not recommended by GoGig and such wireless installations may not successfully resolve any or all wireless signal strength and/or wireless signal range-related issues (issue list not exhaustive). GoGig continues to recommend a wired installation to best resolve wireless connectivity issues within your service location.
19. Enforcement of Policy and AUP. Customer authorizes GoGig and its affiliates to cooperate with law enforcement authorities in the investigation or prosecution of criminal violations, and with system administrators at other Internet service providers or other network computing facilities to enforce this Agreement, the AUP and other applicable terms and conditions of the High Speed Internet Service. Such cooperation may include providing certain Customer identifying information to these parties.
20. Tracking Devices and Viruses. Customer acknowledges that accessing certain websites through the High Speed Internet Service may result in "cookies" and other tracking devices to be entered in Customer's computer equipment and stored on Customer's browser. It is Customer's responsibility to disable the entry of "cookies" or other tracking devices following procedures, if available, on Customer's browser. Customer further acknowledges that using the High Speed Internet Service may result in harmful viruses being downloaded and stored on Customer's computer. It is Customer's responsibility to protect Customer's computer and data from harmful viruses by installing firewall and other anti-virus software on Customer's computer.
Last updated July 26, 2021
Customer ("You" or "Customer") agrees to be bound to these Residential Terms of Service (the “Terms” and, collectively with the payment terms you are signing up for, the "Agreement") with respect to all services ("Service(s)") provided by GoGig, Inc. and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, "GoGig"). The Agreement includes the general terms of service set forth below, as well as the additional terms of service applicable to the specific GoGig Services and features to which you subscribe or have access, including high speed data service ("High Speed Internet Service"), support services and applications, which may be set forth below or provided at https://www.gogig.net/home-broadband-terms.html from time to time (collectively, as the same may be updated by GoGig from time to time, the "Additional Terms of Service"), which are incorporated in this Agreement by reference. You further understand and agree that the GoGig Communications Privacy Policy ("Privacy Policy"), which governs the collection, use and disclosure of Customer personal information, is likewise incorporated herein by reference.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
GENERAL TERMS OF SERVICE APPLICABLE TO SERVICES
1. Payment of Charges. The charges for installation and one month of Services, including any deposits, activation, installation and Equipment charges, are due before or upon installation of the Services or such other date as agreed by GoGig and You. Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees (such as restoration or experience fees), taxes, regulatory fees, franchise fees, surcharges (and other government assessments no later than the date indicated on Customer's bill. Charges for non-recurring Services or Equipment charges will be reflected on Customer's subsequent bill at the then current applicable rates. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes GoGig to charge such accounts.
Failure to receive a bill does not release Customer from Customer's obligation to pay. Failure to pay the total balance when due (including checks returned for insufficient funds) shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Customer's premises and/or imposition of a late fee ("Late Fee") in accordance with applicable law. You can avoid incurring Late Fees by paying your monthly bill promptly. Any Late Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a penalty, a credit service charge or a finance charge.
If the Customer has more than one account (Business and/or Residential) served by GoGig, all GoGig provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
Monthly Subscriptions: If you have elected to pay on a monthly basis, your monthly subscription begins either on or the first day following your installation date and automatically renews thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. If your subscription has converted to a month-to-month subscription after the end of an extended term (as described below) such monthly subscription will begin as of the end of the initial extended term and will automatically renew thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
Extended Terms: If you have elected to pay up front for an “extended term” (meaning a term of two or more months), payment of the full amount is due before GoGig is obligated to begin providing Service. At the end of the extended term, your subscription will convert to a month-to-month subscription at GoGig’s then-current monthly rate for Service at the level at which you are then subscribed.
All rates for Services, Equipment charges and other fees and surcharges are subject to change in accordance with applicable law. GoGig may change its monthly rate for Services upon 30 days’ prior notice to you (which may be delivered by mail or email to the address GoGig has on account for you), provided that: (i) GoGig will not change its monthly rate more than once in a twelve-month period, and (ii) Changes in GoGig’s rates will not affect or be applied to extended terms for which Customer has previously paid up front for the full extended term. These restrictions on GoGig changing its monthly rate do not apply to FCC or other governmental fees and other charges, which may be changed from time to time by law and which will be passed on to you.
You may cancel Service(s) up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Any request for cancellation after the commencement of a service period will be effective at the end of the then-current service period. Access to the Services will continue to be provided at the location ordered or, if you move to a GoGig-served area and change of service location is acceptable to GoGig (in its sole discretion), to your new location (subject to any installation charges).
All payments (including up front payments for extended terms) are nonrefundable and early cancellation of Services for any reason will not entitle Customer to a refund of previously charged amounts (except as expressly stated in Section 9 below).
2. Additional Fees. In addition to Customer's monthly recurring charges and any Late Fee, additional fees may be imposed, including fees for returned checks, charge card chargeback, early termination (if permitted), reconnection and service calls. Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees.
3. Third Party Provider Charges. In connection with Customer’s use of the Services and Equipment, Customer may be able to access, subscribe to, use and/or purchase products, services, software or applications that are provided to Customer by third parties ("Third Party Providers"). Customer acknowledges that Customer may incur charges in connection with the subscription to, purchase or use of these Third Party Provider products, services, software or applications. All such charges, including any additional fees and applicable taxes, shall be paid by Customer to the Third Party Provider and are not the responsibility of GoGig. Credits or billing adjustments for products, services, software or applications billed by a Third Party Provider shall be subject to the stated billing practices of that Third Party Provider. Termination of a service or subscription offered for a separate charge billed directly by a Third Party Provider shall be effected in accordance with the Terms of Service or similar agreement between the Customer and the Third Party Provider.4. Taxes. Customer agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
5. Right to Make Credit Inquiries. Customer acknowledges and agrees that GoGig may (a) verify Customer's credit standing, make inquiries and receive information about your credit experiences, including your credit report, from credit reporting agencies; (b) enter this information in your file, and disclose this information concerning you to appropriate third parties for reasonable business purposes; and (c) furnish information about you (including your social security number), your account(s) and your payment history to those credit reporting agencies.
6. Payment Card/Account Information. If GoGig (or its third-party service provider) has collected credit card, debit card or other payment account information from Customer (“Customer Payment Account”), Customer agrees that GoGig may withdraw funds from, or make charges to, such Customer Payment Account as and when due hereunder, including monthly service fees and any other fees which may become due hereunder (including, without limitation, repair or replacement charges for Equipment). In the event that the Customer Payment Account is no longer valid for any reason (including, without limitation, Customer’s closing the associated account, Customer information changing, a credit or debit card being replaced or expiring or any other reason), Customer agrees that it shall immediately notify GoGig and update GoGig with valid Customer Payment Account information and payment for all missed payments. GoGig may suspend Service in the event that Customer does not make a timely payment (including in the event that a charge against a Customer Payment Account is denied or charged back). Suspended Service for such reasons does not entitle Customer to a refund or abatement.
7. Security Deposits. GoGig may require a deposit or activation fee based on Customer's credit standing or past payment history with GoGig. A deposit and/or activation fee does not relieve the Customer of the responsibility for the prompt payment of bills on presentation. Any security deposit given by Customer for the Equipment or GoGig's Service will be due and payable upon the first monthly billing. Such security deposits will be returned to Customer within sixty (60) days of termination of GoGig's Service so long as payment has been made for all amounts due on Customer's account and Customer has returned the GoGig Equipment undamaged. Security deposits paid by Customer for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service. Customer shall remain liable for any outstanding balances after the security deposit has been applied. Further terms and conditions of the security deposit may be contained in the deposit receipt given to Customer at the time the security deposit is collected.
8. Disputed Charges. Customer agrees to pay all undisputed monthly charges and all applicable fees and taxes as itemized on the GoGig monthly bill and notify GoGig in writing of disputed items or requests for credit within thirty (30) days of Customer’s receipt of the bill for which correction of an error or credit is sought, or longer as provided by applicable law. The date of the dispute shall be the date GoGig receives sufficient documentation to enable GoGig to investigate the dispute. The date of the resolution is the date GoGig completes its investigation and notifies the Customer of the disposition of the dispute.
9. Adjustments or Refunds. Any adjustment or refund, given in each case in GoGig’s sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law or agreed otherwise by GoGig in a specific circumstance, in its sole discretion. Except as otherwise expressly provided in this Agreement, the liability of GoGig, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "GoGig Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Customer's Service charges and associated Equipment fees for a regular billing period ("Maximum Credit"). No credit allowance will be made for interruptions of Service that are:
- due to the negligence of or noncompliance with the provisions of the Agreement by Customer or any person authorized by customer to use the Service;
- due to the negligence of any person other than GoGig including, but not limited to, the other common carriers connected to the GoGig's facilities;
- due to the failure or malfunction of Customer-owned equipment or third party equipment;
- during any period in which GoGig is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions;
- during a period in which Customer continues to use the Service on an impaired basis;
- during any period when the interruption is due to implementation of a Customer order for a change in Service arrangements; or
- due to circumstances or causes beyond the control of GoGig.
10. Equipment and Software. Unless GoGig expresses otherwise in writing, all equipment, including but not limited to, any cables, conduits, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, routers, gateways, ONTs and mounting equipment distributed to and/or installed for use in the Customer’s service location(s) by or on behalf of GoGig ("Equipment"), network facilities, and software installed or provided by GoGig remains the property of GoGig, except that all wiring on the Customer’s side of the demarcation point at Customer’s service location, whether installed by GoGig or by Customer, shall be Customer property and not GoGig Equipment, and repair and maintenance for such wiring is the responsibility of Customer unless otherwise agreed by Customer and GoGig. The demarcation point shall mean a point at (or about) twelve (12) inches outside of where the cable wire enters the Customer’s service location. Specifically, GoGig will provide Customer with a router at the time of installation, and Customer is responsible for maintaining such router in good repair and returning it to GoGig promptly upon termination of Services for any reason. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment, including but not limited to cable boxes and/or set top boxes be deemed a lease of such Equipment, except that GoGig shall not be required to remove any ONT, cabling or wiring and associated mounting hardware it may have installed as part of installation upon termination of services. Customer will acquire no ownership or other interest in the Equipment, network facilities, and software by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the Equipment or network facilities to Customer's residence or premises.
- Misuse of Equipment. GoGig Equipment is intended to service and reside at the specific service location and is not to be removed from the service location where it was installed or used off premises without GoGig authorization. Customer agrees that neither Customer nor any other person (except GoGig’s authorized personnel) will open, alter, misuse, tamper with, service, or make any alterations to any Equipment. Customer will not remove any markings or labels from the Equipment. Customer agrees to safeguard the Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by GoGig) will not permit anyone other than a GoGig authorized representative to perform any work on the Equipment. Any misuse, alteration, tampering, or removal, or the use of equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
- Return of Equipment. If Customer's Service is terminated or cancelled (for whatever reason), unless GoGig expresses otherwise in writing, Customer agrees that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment. The Equipment must be returned to GoGig in the same condition as when received, ordinary wear and tear excepted. Absent other instructions, if Customer fails to return the Equipment (or the Equipment is returned and is not in good repair), Customer will pay any expenses GoGig incurs in retrieving, repairing or replacing the Equipment. Failure of GoGig to remove the Equipment does not mean that GoGig has abandoned the Equipment. GoGig may impose a charge for unreturned Equipment to be determined in accordance with GoGig’s then current schedule of charges for non-returned Equipment and/or continue to charge Customer a monthly Service fee every month until any remaining Equipment is returned, collected by GoGig or fully paid for by Customer. Any charge for unreturned Equipment shall be due immediately.
- Damaged or Lost Equipment. If the Equipment is damaged by Customer, destroyed, lost or stolen while in Customer's possession, Customer is responsible for the cost of repair or replacement of the Equipment.
- Operation of Equipment. The Customer agrees to operate any Equipment in accordance with instructions of GoGig or GoGig's agent. Failure to do so will relieve the GoGig Parties of liability for interruption of Service and may make the Customer responsible for damage to Equipment.
- Tests and Inspections. Upon reasonable notification to the Customer, and at a reasonable time, GoGig may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein.
- Software. Customer agrees to comply with the terms and conditions of any software license agreement applicable to any software provided or installed by GoGig ("Software"). The Software shall be used solely in connection with the Services and Customer will not modify, disassemble, translate or reverse engineer, the Software. All rights title and interest to the Software, including associated intellectual property rights, are and will remain with GoGig and GoGig’s licensors. If Customer's Service is terminated, Customer will promptly return or destroy all Software provided by GoGig and any related written materials. GoGig will have the right to upgrade, modify and enhance the Equipment and Software from time to time.
- Repair. GoGig will repair and/or replace defective Software or Equipment provided such damage was not caused by misuse, neglect or other fault of Customer. GoGig assumes no responsibility and shall have no responsibility for the operation, maintenance, condition or repair of any Customer-provided equipment and/or software, including, but not limited to, televisions, computer devices, remote controls or other consumer electronics, including any hardware or third party software, that may be connected to the Services ("Customer Equipment"), except that GoGig may automatically push required software or firmware updates directly to Customer Equipment when necessary for the provision of GoGig Service(s). Customer is responsible for the repair and maintenance of Customer Equipment. Customer is also responsible for the repair and maintenance of inside wiring at the service location unless otherwise agreed by Customer and GoGig. GoGig is not responsible or liable for any loss or impairment of GoGig’s Service due in whole or in part to a malfunction, defect or otherwise caused by Customer Equipment. GoGig makes no warranties, with respect to Equipment or Service provided by GoGig or with respect to the Equipment's compatibility with any Customer Equipment.
a. Residential Use. The Services provided under this Agreement are solely for Customer's personal, residential use and Customer shall not use Services for any commercial purpose. GoGig shall have the right to determine, in its sole discretion, what constitutes a "commercial" purpose.
b. Theft of Service. Customer shall not intercept, receive or assist in the interception or receipt of, resell, distribute or duplicate any Services. In no event shall Customer use the Services and/or Equipment to engage in any illegal or prohibited activity.
12. Customer Liability for Users. Customer must be at least eighteen years of age to subscribe to Services. Customer is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Customer's premises, equipment or account. Customer is responsible for ensuring that all persons who use Customer's Services (each, a "User") understand and comply with all terms and conditions applicable to the Services.
13. Access to Customer Premises. Customer grants GoGig and its employees, agents, contractors, and representatives the right to access and otherwise enter Customer's premises and the property upon which the premises are located, and to access Equipment, the wiring within Customer's premises and Customer's computer(s) and other devices to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage, or install or deliver GoGig provided Software. Customer shall cooperate in providing such access upon request of GoGig. If Customer is not the owner of the premises, Customer warrants that Customer has obtained the legal authority of the owner to authorize GoGig personnel and/or its agents to enter the premises for the purposes described herein. GoGig’s failure to remove its Equipment shall not be deemed an abandonment thereof. Customer is responsible for making all such spaces in or about the premises and on the property upon which it is located safe for GoGig and its employees, agents, contractors and representatives to perform installation, repair, inspection or other services they are performing (including, without limitation, from pets or other risks). If the personnel of GoGig or its contractors feel unsafe at the premises or on the property at any time they are entitled to cease (or not to begin) the services for which they are there until such time as Customer has made such premises and property safe to the reasonable determination of such personnel, and Customer hereby agrees to do so.
14. Violations of this Agreement: It shall be a violation of this Agreement for Customer or any User: (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in GoGig’s sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
- Customer or any User fails to abide by GoGig’s rules and regulations or to pay the charges billed;
- Customer or any User fails to provide and maintain accurate registration information or payment account information, or the information required in the registration process or the payment account information is or becomes incorrect, absent or incomplete;
- Customer or any User engages in any illegal or prohibited activity in connection with their use of any Service;
- Customer or any User harasses, threatens or otherwise abuses any GoGig employee or agent;
- Customer or any User refuses to provide GoGig with reasonable access to the service location or refuses to allow GoGig to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
- The amount of customer and/or technical support required to be provided to Customer or any User is excessive in the sole good faith discretion of GoGig.
16. Effect of Termination by GoGig: Customer agrees that in the event of termination by GoGig: (i) GoGig and any Third Party Providers of co-branded services offered as part of or through the high speed internet service shall have no liability to Customer or any User; and (ii) unless expressly prohibited by law, GoGig, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Services by Customer or any former User. Customer further agrees that upon termination of any Service, Customer will immediately cease use of the Equipment and any Software, and; Customer will pay in full the charges for Customer's use of the Service and the Equipment through the later of: (i) Customer's applicable Service month, or (ii) if applicable, the expiration of any promotional term, or, if applicable, (iii) the date when the associated Equipment or Software has been returned to GoGig. Failure of GoGig to remove Equipment shall not be deemed an abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to GoGig in the event that Customer shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
17. Content and Services: All content, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, email, data offerings and other services are subject to change in accordance with applicable law.
18. Disclaimer: GoGig assumes no liability for any program, services, content or information distributed on or through the Services, Equipment or the cable system, unless locally provided by GoGig, and GoGig expressly disclaims any responsibility or liability for your use thereof. Further, GoGig shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
19. Telephone Communications With You Regarding Your Account or Service: You agree that GoGig and its agents may call or text you at any phone number (landline or wireless) that you provide to us, using an automated dialing system and/or a prerecorded message, for non-promotional service and/or account-related purposes, such as appointment confirmations, service alerts, billing and collection issues or account recovery concerns. You agree to notify us: (1) if any such phone number changes; (2) is no longer active; or (3) is ported from a landline to a wireless phone number. You can manage your contact preferences by logging into your account at http://www.GoGig.com.
20. No Waiver. The failure of GoGig to enforce this Agreement and any of its components, for whatever reason, shall not constitute a waiver of any right of GoGig or the ability to assert or enforce such right at any time in the future.
21. No Assignment. This Agreement and the Services and/or Equipment supplied by GoGig are not assignable or otherwise transferable by Customer, without specific written authorization from GoGig. In GoGig's discretion, GoGig may assign, in whole or in part, this Agreement, and Services may be provided by one or more legally authorized GoGig affiliates.
22. No Warranty; Limitation of Liability. Customer expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by GoGig on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied; (b) the GoGig Parties are not responsible or liable for any loss or impairment of service due in whole or in part to Customer owned- or provided-Equipment; and (c) all use of the Services, Software and Equipment, including that provided by Third Party Providers, as well as the purchase, download or use of any third party service, product, or application provided by or accessed through the Services or Equipment, are provided at Customer’s sole risk and Customer assumes total responsibility for Customer’s or any User’s use of the Services. Without limiting the generality of the foregoing, the GoGig Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Customer owned- or provided-Equipment; or (iv) as to the security of Customer’s communications via GoGig’s facilities or Services, or that third parties will not gain unauthorized access to or monitor Customer’s communications. Customer has the sole responsibility to secure Customer’s communications and the GoGig Parties will not be liable for any loss associated with such unauthorized access. In addition, neither the GoGig Parties nor any Third Party Provider of services or products makes any representations or warranties with respect to any product or services offered through the Services or Equipment, and GoGig shall not be party to nor responsible for monitoring any transaction between Customer and any Third Party Provider of products or services.
Except for a refund or credit as expressly provided in this Agreement, in no event (including negligence) will the GoGig Parties be held responsible or liable for any loss, damage, cost or expense including direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including, but not limited to, loss of profits, earnings, business opportunities, loss of data, personal injury (including death), property damage or legal fees and expenses, sought by Customer or anyone else using Customer’s Service account: (x) resulting directly or indirectly out of the use or inability to use the Services (including the inability to access emergency 911 or e911 services for phones or other telecommunication equipment over the Services) and/or use of the Software, Equipment or provided third party services or otherwise arising in connection with the installation, maintenance, failure, removal or use of Services, Software and/or Equipment or Customer’s reliance on the Services, Software and/or Equipment, including without limitation any mistakes, omissions, interruptions, failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in installation, failure to maintain proper standards or operation, failure to exercise reasonable supervision, delays in transmission, breach of warranty or failure of performance of the Services, Software and/or Equipment; or (y) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding relating to Services, Software and/or Equipment, or the infringement of the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party.
If Customer resides in a state which laws prevent Customer from taking full responsibility and risk for Customer’s use of the Services and/or Equipment, GoGig’s liability is limited to the greatest extent allowed by law.
23. Indemnification. Customer agrees to defend, indemnify and hold harmless the GoGig Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of the use of Customer's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by GoGig to Customer. Customer agrees to indemnify and hold harmless the GoGig Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of GoGig's Equipment, facilities and associated wiring on Customer's premises and further, Customer indemnifies and holds harmless the GoGig Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of GoGig or the use thereof by Customer; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by GoGig, and apparatus, Equipment, and systems provided by Customer; and against all other claims arising out of any breach of this Agreement by Customer or any other negligent, intentionally wrongful or illegal act or omission of Customer in connection with the Services or facilities provided by GoGig.
24. Binding Arbitration. Please read this section carefully. It affects your rights.
Any and all disputes arising between You and GoGig, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this arbitration provision. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- Claims that arose before this or any prior Agreement,
- Claims that may arise after the termination of this Agreement.
Resolving Your dispute with GoGig through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GOGIG EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
a. Pre-Arbitration Process.
i. Notice Of Dispute. Before commencing an action in arbitration, You must first notify us of Your dispute and allow us an opportunity to resolve it without the need for arbitration. You must write us a letter briefly explaining the dispute and stating the relief that You demand. Provide as much information as possible, including where applicable dates and specific amounts of money. Also include the account holder's name, the account number, the service address, and a telephone number at which You may be reached during business hours. For Your convenience, You may download a Notice of Dispute form from our website at https://gogig.net . Once you have written the letter or filled out the Notice, send it to us by certified mail at 1700 Lookout Drive, Blacksburg, VA 24060, Attn: Customer Disputes.
ii. 30 Day Wait Period. If GoGig has not been able to resolve your dispute to your satisfaction within 30 days from when we received your Notice of Dispute, you may start arbitration proceedings.
b. Commencing an Arbitration. To commence an arbitration, you must submit a written Demand for Arbitration to us by certified mail.
c. Arbitration Process. The arbitration will be administered by the AAA under the AAA’s Consumer Arbitration Rules, as modified by this arbitration provision. You may obtain copies of those rules from the AAA at www.adr.org. If the AAA will not enforce this arbitration provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this arbitration provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will administer arbitration under this arbitration provision as written. If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern.
A single arbitrator will resolve the dispute between You and GoGig. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including Customer personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this arbitration provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this arbitration provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise, any arbitration hearing will take place in the county (or parish) of Your service address. If the amount in dispute is less than $50,000 and does not seek any form of injunctive relief, GoGig agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.
If the amount in dispute exceeds $50,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
d. Arbitration Fees. Except as otherwise provided in this arbitration provision, GoGig will pay all arbitration filing, administrative, and arbitrator fees for any arbitration that GoGig commences. If You commence an arbitration, all arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys’ or expert witness fees and expenses, unless the arbitrator determines that applicable law requires GoGig to pay those costs and expenses. Notwithstanding the foregoing, if the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse GoGig for any amounts GoGig may have paid on Your behalf.
e. Governing Law. Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this arbitration provision. Any state statutes pertaining to arbitration shall not be applicable.
f. Waiver of Class and Representative Actions.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED.
You and GoGig agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This arbitration provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other GoGig account holders, neither You nor GoGig may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.
If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and GoGig proceeds to court rather than through arbitration, You and GoGig each waive the right to any trial by jury through this Agreement.
h. Severability and Survival. If any other portion of this arbitration provision is determined to be unenforceable, then the remainder of this arbitration provision shall be given full force and effect. The terms of the arbitration provision shall survive termination, amendment or expiration of this Agreement.
25. Governing Law. Subject to Section 24.e above, this Agreement shall be governed by the laws of the Commonwealth of Virginia.
26. Severability. If any term or condition of this Agreement shall be adjudicated or determined as invalid or unenforceable by a court, tribunal or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
27. No Relationship. Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between GoGig and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other third party providers of elements of the High Speed Internet Service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
28. Survival. All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and GoGig rights and the rights of others).
29. Force Majeure. GoGig Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over GoGig, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
30. Entire Agreement. This Agreement, including the applicable Additional Terms of Service, Privacy Policy and other terms and policies incorporated herein, the payment terms have agreed or subscribed to pursuant to GoGig’s website and any work/service order presented to You at time of installation ("Service Order") constitute the entire agreement between GoGig and Customer with respect to the Services. No undertaking, representation or warranty made by an agent or representative of GoGig in connection with the sale, installation, maintenance or removal of GoGig's Services or Equipment shall be binding on GoGig except as expressly included herein.
31. Amendment; Notice. GoGig may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time or the terms or policies incorporated herein. GoGig may notify Customer of any such changes to this Agreement, or any other required or desired notice hereunder, by posting notice of such changes on GoGig’s website (www.GoGig.net), or by sending notice via email or postal mail to Customer’s billing address, and/or by contacting the telephone number(s) on Customer's account (including mobile phones) by means such as but not limited to browser bulletins, walled garden (browser interruption), voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems. Customer agrees that any one of the foregoing will constitute sufficient notice. Because GoGig may from time to time notify Customer about important information regarding the Services, the Privacy Policy and this Agreement by such methods, Customer agrees to regularly check his or her postal mail, e-mail and all postings on the GoGig web site (www.GoGig.net) and Customer bears the risk of failing to do so.
ADDITIONAL TERMS OF SERVICE FOR HIGH SPEED INTERNET SERVICES. Customer understands and agrees that use of the High-Speed Internet Service provided by GoGig, which may include internet access services, on line video services, e-mail services, e-commerce, online content, features and other online services under the control of GoGig or its affiliates, is subject to the following additional terms of service ("Additional Internet Terms"), which are incorporated into the Agreement:
1. Authorized Connections. GoGig agrees to provide Customer with the number and type of High-Speed Internet Service connection(s) at the Customer Locations as requested in the Service Order. Customer shall not exceed the number, types or location of such authorized connections.
2. Minimum Equipment. Customer agrees that the Customer Equipment utilizing the High Speed Internet Service must meet the minimum computer requirements outlined in the informational literature GoGig has provided (or as outlined on GoGiG’s website) and as may be amended from time to time. If Customer proceeds with the installation of or uses the High Speed Internet Service utilizing Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), Customer agrees that (i) Customer will not be entitled to customer support from GoGig relating to any issues other than the quality of the signal delivered to the Customer's receptacle, and (ii) Customer understands and agrees that Customer may not be able to successfully install, access, operate, or use the High Speed Internet Service with the Non-Recommended Configuration. CUSTOMER ACKNOWLEDGES THAT ANY INSTALLATION, ACCESS, OPERATION OR USE OF NON-RECOMMENDED CONFIGURATIONS COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA. NEITHER GOGIG NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
3. Upgrades. Customer acknowledges that the Equipment is merely a means through which the High Speed Internet Service is provided by GoGig and may be removed or changed by GoGig at its discretion as it deems appropriate, including through "uploads" to Customer's computer(s) or otherwise. Whether the cable modem and/or router is owned by Customer or GoGig, GoGig shall have the unrestricted right, but not the obligation, to upgrade the firmware in the cable modem at any time that GoGig, in its sole discretion, determines it is necessary or desirable. Customer assumes all responsibility for any degradation in or problems from the failure to upgrade. GoGig does not represent, warrant or covenant that installation and modifications of peripheral devices, including Network cards, computer equipment, software, computer files and other system configuration files necessary to operate the High Speed Internet Service will not disrupt or delay the normal operations of Customer's computer device(s) or associated equipment. GoGig shall have no liability whatsoever for any loss, damage or outage resulting from the above. Upon Customer request and, at GoGig's sole discretion, for an additional charge, GoGig or its agents may install certain software, an extra cable receptacle, a cable modem and associated equipment for operation of the High Speed Internet Service. If installed by GoGig, GoGig shall use reasonable efforts to install the High Speed Internet Service to a fully operational status.
4. Back-Up. Customer agrees to either back-up all existing computer files prior to installation of any Equipment to Customer's computing device or accept sole responsibility for lost or damaged files, data or programs. In all events, GoGig shall have no liability whatsoever for any damage or loss or destruction of any of Customer's software, files, data or peripherals.
5. Acceptable Use Policy. Customer shall comply with all of GoGig's standards for acceptable use with respect to the High Speed Internet Service and other Services and shall refrain from any illegal and/or inappropriate activities, including without limitation as outlined in the AUP. The AUP will be updated from time to time and the latest version will supersede all prior versions. Please click here for the most updated AUP.
6. Effect of Termination. Following the termination of Customer's High Speed Internet Service account for any reason, GoGig is authorized to delete any files, programs, data, e-mail addresses and e-mail messages associated with such account. Such deletion may include Customer forfeiting his/her account user names, all e-mail, IP and web space addresses. Any incoming e-mail to Customer's canceled account will not be forwarded to another account. GoGig shall have no liability whatsoever as the result of the loss or destruction of any information, data, names or addresses. This section shall not mean or imply that Customer is entitled to terminate such Service except as provided in the Agreement above.
7. Network. GoGig utilizes a network that allows bi-directional access to the Internet. The network is not intended to protect Customers from hackers, viruses or other harmful elements that may result from participation in High Speed Internet Services, and as such, Customer should not rely on the network to provide such protection. GoGig may run third party virus check software or other protection measures over its network to scan e-mails or Internet activity; however, GoGig does not represent, warrant or covenant that such software will detect, repair or correct any or all viruses or other harmful code or software.
8. Personal Web Pages and Content. Customer is solely responsible for any information, materials or content that Customer publishes on its web pages or otherwise makes available on the Internet. Customer should take appropriate precautions to prevent minors from receiving inappropriate content. GoGig and its affiliates reserve the right to refuse to post and/or to remove any information, materials or content, in whole or in part, that it deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
9. Accuracy of Content. Customer understands and agrees that by using the High Speed Internet Service, Customer and/or User may be exposed to materials or content that is offensive, indecent, sexually explicit, objectionable, or that may violate federal, state or local laws, rules or regulations or may violate the protected rights of the Customer or others. Customer also understands that the technical processing and transmission of the High Speed Internet Service, including Customer's content or material, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and that under no circumstances will the GoGig Parties be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any content, including, but not limited to, any errors or omissions in any content, access to such content or material by Customer or others, or incurred as a result of the use of any content posted, or otherwise transmitted via the High Speed Internet Service. Customer acknowledges that software programs claiming to be capable of restricting access to sexually explicit material on the Internet are commercially available. The GoGig Parties make no representation or warranty regarding the effectiveness of such programs.
10. Scheduled Service Repair, Maintenance or Upgrade. GoGig may from time-to-time schedule Service repair, maintenance or upgrades to provide Customer with High Speed Internet Service. Customer shall not receive High Speed Internet Service credits for such scheduled repairs, maintenance or upgrades. If there is a known and unscheduled High Speed Internet Service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to local law), GoGig, upon prompt notification of such failure to interruption by Customer, may provide Customer with a pro-rata credit relating to such failure or interruption. GoGig Parties will not be liable for any direct, incidental or consequential damages or losses from any interruption in High Speed Internet Service.
11. Changes to High Speed Internet Services. GoGig may also, at any time and in its sole discretion, without notice, change, add to or remove portions of the High Speed Internet Service (including, without limitation, content, functionality, hours of availability, Equipment requirements, speed, upstream and downstream limitations, Service features, storage capacity, and protocol filtering) and/or institute or otherwise change rates, fees and charges for the High Speed Internet Service. GoGig may notify Customer of any such changes as described in Section 31 of the Agreement, including by posting notice of such changes on GoGig’s website (www.GoGig.com), by sending notice via email or postal mail to Customer’s billing address, by contacting the telephone number(s) on Customer’s account (including mobile phones) by means such as but not limited to voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems, and/or browser bulletins, or walled garden (browser interruption). Customer agrees that any one of the foregoing will constitute sufficient and effective notice. If any material change negatively affects your High Speed Internet Service, you have the right to cancel your High Speed Internet Service. Your continued receipt of the High Speed Internet Service for more than thirty (30) days after the change, however, will constitute your acceptance of the change.
12. Service Usage. GoGig has no obligation to track High Speed Internet Service usage of Customer; however, as a part of the provision of Service and in order to protect from unauthorized reception of Service, GoGig may track through its network certain usage, usage patterns and/or selections indicated by Customer or other information necessary to satisfy any law or regulation to properly operate the High Speed Internet Service and/or to protect GoGig, its cable television system, network, Services, Equipment and/or Customers.
13. Network Integrity. GoGig reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes, but is not limited to: port blocking, e-mail virus scanning, denying access to malicious domains, denying e-mail access or transmission, and putting limits on bandwidth and email usage.
14. Internet Access Speeds, Customer agrees that actual Internet speeds that are experienced at any time will vary based on a number of factors, including the capabilities of Customer's computer equipment, Internet congestion, the performance of network servers and routers, the technical properties of websites visited, environmental factors, the content and applications accessed, the condition of any lines between these two points, and any network management tools and techniques employed by GoGig.
15. Bandwidth, Data Storage and Other Limitations. Customer agrees to comply with GoGig's bandwidth, data storage and other limitations of the High Speed Internet Service as established and modified by GoGig from time to time. If the GoGig High Speed Internet Service for which you have subscribed includes a specific allowance of bandwidth consumption for use during each of your monthly billing cycles at no additional charge, consumption of bandwidth in excess of the allowance will be charged an additional amount at the rates stated on your bill. Unused amounts of the bandwidth allowance expire at the end of your monthly billing cycle and do not carry over to subsequent billing cycles. It is your responsibility to secure your personal network, and monitor and manage your bandwidth usage, which you may check using the online usage monitor available through your individual account at www.GoGig.net. Customer agrees that its bandwidth usage activity will not improperly restrict, inhibit or degrade any other user's use of the High Speed Internet Service, nor represent (in GoGig's sole judgment) an unusually large burden on the network. Customer also agrees that its activity will not restrict, inhibit, disrupt, degrade or impede GoGig's ability to deliver and track its High Speed Internet Service, backbone, network nodes and/or other network services.
16. Sole Risk. Use of the High Speed Internet Services provided by GoGig, in addition to third-party products or services provided by or accessed through the High Speed Internet Service or the Internet is at Customer's sole risk and Customer acknowledges that the High Speed Internet Services are provided "AS IS." Accordingly, any information sent through or over the network is sent at Customer's sole risk.
17. Customer Security. When Customer's computer device is connected to a cable modem, it constitutes a "local" segment of the network. All of Customer's traffic to or from this local segment will be reflected by the cable modem in an unencrypted format onto the network (unless separate encryption technology is utilized) and will be subject to eavesdropping by third parties. Further, through the use of file and print sharing features, third parties outside of Customer's premises may be able to access Customer's computer devices across the network and access Customer's software, files and data. Any Customer who chooses to subscribe to GoGig's High Speed Internet Services and enables capabilities such as file sharing, print sharing or other capabilities that allow third party computer access, does so at his/her own sole risk. Customer is solely responsible for any security devices Customer chooses to connect or install on his/her computer device, in addition to any transmissions to or from Customer or its authorized Users. GoGig Parties shall not be liable or responsible for any unauthorized sharing, access, eavesdropping or any associated risks.
18. Additional Terms for GoGig-provided Wireless Router/Gateway and Wireless Access Point. GoGig-provided wireless routers, gateways, managed access points (with built-in router/gateway) (each, a "GoGig Router/Gateway") are available to certain Customers and provide wireless access to the High Speed Internet Service within the Customer's residence ("Home Network"). GoGig Router/Gateways come programmed with certain default settings and configurations for the Home Network. Customers may modify certain of the default settings and configurations on the GoGig Router/Gateway although GoGig recommends maintaining the default configuration and settings. GoGig does not guarantee the security of the GoGig Router/Gateway and Customer's connection to the High Speed Internet Service via the Home Network. Customer understands and agrees that Customer is solely responsible for the security of his/her Home Network. The GoGig Router/Gateway will collect and maintain certain information regarding access to and use of the Home Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by GoGig to provide the High Speed Internet Service and support as well as for internal business analytics regarding the use of the High Speed Internet Service. Customer acknowledges and agrees that GoGig shall have access to the password associated with the GoGig Router/Gateway in order to provide support and diagnostic services. GoGig reserves the right to modify the password for the GoGig Router/Gateway in order to safeguard Internet security, the security and privacy of Customer information, where required by law, and/or for other good cause to provide, upgrade and maintain the High Speed Internet Service, and protect the network, other users of the Internet, or our Customers. GoGig shall notify Customer of any such password modifications. Customer acknowledges that the GoGig Router/Gateway is GoGig Equipment.
In certain circumstances, a range extender or WiFi extender may be required to be installed and connected to the GoGig Router/Gateway in order to connect wirelessly to the High Speed Internet Service throughout Customer’s residence. A monthly extender equipment fee may apply. Customer understands and agrees that where the GoGig Router/Gateway is a wireless router and a range extender is required, the GoGig-recommended installation method is through a wired connection directly to the GoGig Router/Gateway. Customer understands and agrees that wireless router range extender installations are not recommended by GoGig and such wireless installations may not successfully resolve any or all wireless signal strength and/or wireless signal range-related issues (issue list not exhaustive). GoGig continues to recommend a wired installation to best resolve wireless connectivity issues within your service location.
19. Enforcement of Policy and AUP. Customer authorizes GoGig and its affiliates to cooperate with law enforcement authorities in the investigation or prosecution of criminal violations, and with system administrators at other Internet service providers or other network computing facilities to enforce this Agreement, the AUP and other applicable terms and conditions of the High Speed Internet Service. Such cooperation may include providing certain Customer identifying information to these parties.
20. Tracking Devices and Viruses. Customer acknowledges that accessing certain websites through the High Speed Internet Service may result in "cookies" and other tracking devices to be entered in Customer's computer equipment and stored on Customer's browser. It is Customer's responsibility to disable the entry of "cookies" or other tracking devices following procedures, if available, on Customer's browser. Customer further acknowledges that using the High Speed Internet Service may result in harmful viruses being downloaded and stored on Customer's computer. It is Customer's responsibility to protect Customer's computer and data from harmful viruses by installing firewall and other anti-virus software on Customer's computer.
