Please read the following Everywhere Wireless (“EW” or “we” or “us”) customer agreement (this “Agreement”) carefully before signing up for an EW account or using any EW services. This Agreement is a legally binding agreement between you (an entity or person) and Everywhere Wireless, LLC. By proceeding to establish an account and/or use the EW services, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this Agreement, you must not sign up for an account or use the service, even if the service is paid by your property.
For users registering with EW for their own personal use, nothing in this Agreement affects your statutory rights. You should print and keep a copy of this Agreement for your future reference.
1. Supplier. Unless specified otherwise, the Services will be supplied by Everywhere Wireless, LLC, an Illinois limited liability company whose main business address is at Everywhere Wireless, LLC, 832 West Superior Street, Suite 301, Chicago, IL 60642, and various third parties contracted by EW to provide certain of the Services.
2. Payment Obligations. Unless the Services provided by EW are paid for by your condominium association, apartment building or the owner of the property in which you rent (the “Exception”), you must (i) provide EW with accurate and complete billing information including legal name, address, telephone number, and credit or debit card/billing information, and (ii) report to EW all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact EW’s Customer Service Department at (312) 361-0052 or by email at support@EverywhereWireless.com.Charges are billed to your credit or debit cards for usage of the Services. You hereby authorize EW to charge any credit card you may have on file with us for the full amount of the charges owing by you from time to time.EW is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EW. All charges are considered valid immediately upon billing of such charges. No refunds will be provided under any circumstance. All Services are paid for and utilized on a month by month basis and therefore can be cancelled at any time by you. Given these conditions, under no circumstance will a credit, refund or adjustment be provided to you by EW.You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account the initiation by you of any such charge refusal or charge-back.Unless the Exception is applicable, if payment cannot be charged to your credit or debit card or your charge is returned to EW for any reason, EW reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Services and your account, and to terminate all obligations of EW under this Agreement.You agree to pay, in connection with any past due balance, (i) a late payment charge of 1½ percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney’s fees.Any free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have a current valid accepted payment method as indicated during sign-up (the “Payment Method”), to use the Services.We will begin billing the Payment Method for your monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, refer to the email sent to you from EW outlining the service agreement. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. At specific locations, we may provide a router or modem to you. In this case, if you do not return this router or modem to us within thirty (30) days of your services terminating, then you will be billed $149 and you agree to pay such amount immediately. Also, in the event we have provided a router or modem, if you do not pay for a minimum of eight (8) months of services, you will be charged an early termination fee of $99.We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
3. Subscription and Governing Law. Our invitation to you to order a subscription to the Services is not an “offer” by us to sell you a subscription at the prices on the Website or advertised elsewhere. Instead, when you complete any registration form, you make an offer to us to buy a subscription, which we can accept or reject. The order is finalized (and a legal contract is created between us) when we send you a confirmatory email accepting your orderand/or you are granted access to the Services. If there is a mistake in the subscription pricing on the Website then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe.For the avoidance of doubt, any contract for the provision of the Services will be deemed to have been executed and performed in the State of Illinois, United States of America. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Illinois, United States of America, without giving effect to conflict of laws provisions thereof.
4. Username And Password. With some of EW services, upon registration, you will receive a username and password. You will use the password only for access to the Services and not for any other purpose. You are the only authorized user of your EW account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. Any breach of this Agreement and any use of the Services by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations under this Agreement. Any such use will be paid for by you as set out in this Agreement.You must keep your password confidential at all times so that no one else may access the Services through your account. You are responsible for notifying EW immediately upon discovering any unauthorized use of your account or error in the operation of a password. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it.Usernames and passwords are EW’s property and EW reserves the right to alter or replace them at any time, in its sole discretion.You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.
5. Length of Agreement. Once your order is finalized, you cannot cancel it unless the Services are not in accordance with this Agreement and that entitles you under normal legal rules to terminate your order. Notwithstanding the above, your order is on a period by period basis and therefore you can simply not renew for another period if you are unsatisfied with the Services. The Services are recurring and renew automatically. The Services are not pro-rated and will cease at the end of the month for which you have paid. To cancel or terminate any of the Services, you will need to send an email to email@example.com with your full name, full address, your requested date of cancellation and the service that you are currently subscribed to, at which point we will process your account for cancellation.
6. Monitoring. EW has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if EW, in its sole discretion, believes that it is reasonable to do so, including, but not limited to satisfying laws, regulations, or governmental or legal requests, operating the Services properly, or protecting itself and its customers.
7. Our Commitment. We will use reasonable efforts to provide access to the Services for which you have paid. However, if the Services include any wireless transmission, EW will use its best efforts to provide useful and reliable wireless internet service (“Wi-Fi”) meeting or exceeding industry standards for wireless speed and downtime. However, you acknowledge that Wi-Fi utilizes public, unlicensed radio-frequency spectrum and that it is therefore subject to external interferences, environmental influences, and other factors and variables beyond EW’s reasonable control. Actual performance in any particular office, home, apartment or other space may vary, and may be affected by the following: (A) individual and cumulative upload and download data amounts; (B) general bandwidth congestion; (C) performance, configuration, and functionality of the resident’s Wi-Fi devices and wireless cards (including, but not limited to memory, storage and other limitations); (D) obstructions and distances between a your Wi-Fi device and EW’s access points; (E) non-EW Wi-Fi routers; (F) transmission and equipment limitations, failures, maintenance or repair; and (G) error by you. Wi-Fi connection may also be interrupted or limited for such reasons. EW is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. All speeds advertised are purely estimates and is not an indication of the speed at which your Wi-Fi device or the Network will operate. The actual speed of the Network and other performance will vary.We do not operate any wireless or other networks ourselves; instead we obtain access for you to the networks of a number of network operators. Because we do not control the networks and other equipment that provides you access to the networks, we cannot guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected.Except for the EW Website, EW does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. EW has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Services or the Internet.In addition, viruses and other malicious code are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.Although EW has attempted to provide accurate information on the Website, EW assumes no responsibility for the accuracyof the information, which may contain technical or other inaccuracies, omissions or typographical errors.EW may change any of the information or othermaterials on the Website at any time without notice. EW makes no commitment to update the materials or information on the Website. You use the Website and the Services at yoursole risk.The material on the Website is provided “AS IS” without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, EW disclaims all warranties of any kind, expressed or implied including, without limitation, warranties of merchantability, fitness for particular purpose,non-infringement or arising from a course of dealing, usage or trade practice. EW does not make any representations or warranties regarding the use,validity, accuracy or reliability of information or material on the Website.
8. Disclaimer and Limitation of Liability.You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless and wired communications and technology and EW does not make any assurances or warranties relating to such risks.For the avoidance of doubt, EW’s liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) fraudulent misrepresentation; or (d) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not, in each of the foregoing cases, be excluded or limited by applicable law; is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.Subject to this Agreement, in no event shall EW, its affiliates, owners and/or employees be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or waste of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.THE SERVICES ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.” EW AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR OWN RISK. EW IS NOT LIABLE FOR ANY DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INABILITY TO USE THE SERVICES FROM TIME TO TIME OR ANY EXTENDED PERIOD OF DOWNTIME. EW’s cumulative liability to you in relation to all events occurring in any given period of 12 months for any and all claims relating to your use of the Services and/or licensed programs (whether in contract, tort (including in negligence) will not exceed an amount equal to 125% of the total amount of service fees paid or payable by you during the one year period preceding the event giving rise to the claim in question.EW will not be liable to you for any breach of this Agreement that arises due to any circumstances that EW cannot reasonably be expected to control, including any failure in communications and Internet downtime.EW cannot accept any liability for any failure to comply with specific instructions stated on the Website or for any incorrect information provided by you.EW will not be liable for any direct, indirect, incidental, consequential, punitive, special or other damages including, without limitation, loss of or damageto data, loss of use of or damage to computers or other systems, lost or damaged programs, costs of replacement goods and lost profits or revenues, arisingout of the use or inability to use the Website or any EW product or service, even if EW has been advised of the possibility of such damages. Some statesdo not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
9. Release and Indemnity. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release EW, EW’s affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, “EW Releases”) from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Services.You will indemnify and hold harmless the EWReleases against any claim or demand made by any third party and any damages, costs, liabilities and expenses, including, without limitation, attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Internet or use of the Services, (b) your use of or connection to the Services, (c) your violation of this Agreement or your violation of any rights of another person, or (d) any activity carried out by another person using your account or password.
10. Acceptable Use Policy. All customers of the Services and users of the Website and/or the Services agree to and must comply with this section, which is EW’s Acceptable Use Policy (“AUP”), and your use of any Services, the Website or software provided by EW constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. EW does not actively monitor the use of the Services under normal circumstances. Similarly EW does not exercise editorial control or review over the content of any Website, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, EW may remove, block, filter, or restrict by any other means any materials that, in EW’s sole discretion, may be illegal, may subject EW to liability or may violate this AUP. EW may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or your EW account or other actions as detailed below. When you use the Services, the third-party from whom EW has obtained the right to access the applicable location at which the Services are being used is an intended third-party beneficiary of this AUP.Without limiting the foregoing, except to the extent expressly set out in this Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services:
a) to transmit any information or written, graphic or photographic material (“Material”) (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
b) to harm, or threaten to harm, minors in any way;
c) to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
d) to transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e) to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party;
f) to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
g) to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h) to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
i) to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j) to hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other Website or damage or destroy the reputation of EW or any third party;
k) to intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law];
l) to “stalk” or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent;
m) to resell or advertise to resell the Services without EW’s authorization; or
n) as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
Furthermore, for each account, the Services are limited to a single person on a single device when using EW’s wireless Internet Services.
EW requests that anyone who believes that there is a violation of the AUP direct the information to: support@EverywhereWireless.com. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
EW may take any one or more of the following actions, or other actions not listed, at EW’s sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account; (iii) terminate your account; (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.
11. Copyrights and Trademarks. All copyright, database rights, trademarks and other intellectual property rights in any and all aspects of the Website (including text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the Website) is the property of EW or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Website without the express written permission of EW is strictly prohibited. In addition, all software and other intellectual property associated with providing the Service remains owned solely by EW and/or its business partners.
12. Suspension and Termination. EW may suspend the operation of the Website and/or the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time.Without prior notice, EW may suspend or terminate this Agreement, your password, your account, and/or or your use of the Services in the event that: (a) you have violated this Agreement or any of the policies applicable to customers; or (b) you fail to pay any charges when due. EW may provide termination notice to you by email or by first class post or courier service to the address you provided for the Services. All notices to you will be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
13. Dispute Resolution. If you have any enquiries or complaints about the Website or Services, then please address them to support@EverywhereWireless.com.Any claim or controversy arising out of or relating to the use of the Website or the Services, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Chicago, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to EW. The costs of arbitration shall be paid by the party bringing such arbitration. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Chicago, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages, as limited, however, by the Disclaimers and Limitations Section of this Agreement, and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and EW, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Chicago, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.
14. Custom Services. At certain properties, EW provides on- and/or off-site services directly to the residents, which may or may not be paid by the property itself (“Custom Services”). In any case, you agree to pay for these Custom Services, irrespective of whether they are paid initially by the property. In most cases, if you request services outside of the services contracted by your property, you will be required to pre-pay these services via credit card to EW, or pre-pay a portion of the Custom Services, with the balance due immediately upon completion of these Custom Services. In other cases, EW will bill your property and your property will bill you directly for these Custom Services. During any of these Custom Services, you agree to release and indemnify EW and the property for any and all damage that you believe EW incurred during the performance of these Custom Services. YOU WILL ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE. Most of the time, these Custom Services will be billed at $95 per hour, with a one (1) hour minimum fee. If you do not pay immediately following completion of the Custom Services, you understand that you will be sent to collections.
EW does not block or otherwise impede the access of its broadband subscribers to the internet applications of their choice and we support the four policies put forth by the FCC in 2005 regarding the issue of net neutrality, 1) to encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice; 2) to encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement; 3) to encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network; 4) to encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers.
IMPORTANT: THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS AND WIRED COMMUNICATIONS AND TECHNOLOGY AND EW DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. IF YOU HAVE CONCERNS YOU SHOULD NOT USE THE EW SOFTWARE OR SERVICES.WE CANNOT GUARANTEE THAT YOUR USE OF THE SERVICES THROUGH EW, INCLUDING THE CONTENT OR COMMUNICATIONS TO OR FROM YOU, WILL NOT BE VIEWED BY UNAUTHORIZED THIRD PARTIES.