Clarus Broadband LLC
Terms of Service
Thank you for using Clarus Broadband services, products and equipment (collectively, “Services”). Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Disputes section below if you wish to opt out of this provision. By agreeing to these Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may use the Services. By signing up for or using the Services, you agree to these Terms.
We will deliver all communications concerning your account to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such communications electronically, and also constitutes consent and agreement that such communication constitutes delivery of such communications in written form. These communications may include agreements and policies related to the Services, payment authorizations and transaction receipts or confirmations, account statements and history questionnaires and marketing materials, and all other communications or documents related to or about your account, including changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services. Terms of Service are subject to change without direct notice, however, the current Terms of Service shall be posted at: https://clarusbroadband.com/subscriberterms/
Clarus Broadband Installation
You agree to provide Clarus Broadband with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Clarus Broadband may install equipment on the exterior and interior of your residence (including but not limited to laying underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You agree that Clarus Broadband may take photographs of the equipment installed by or on behalf of Clarus Broadband on the exterior or interior of your residence for quality control purposes. You also agree that Clarus Broadband may use, and that you have the necessary permissions to approve Clarus Broadband’s use of, existing facilities, including existing wiring in and around your residence, to complete the installation services.
If you rent or otherwise do not own your residence, you represent and warrant that you are authorized by the property owner to order Clarus Broadband installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Clarus Broadband to perform installation services. If Clarus Broadband incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Clarus Broadband to install the equipment required for the Services, you are responsible for reimbursing Clarus Broadband for those costs or losses.
Clarus Broadband Equipment
Clarus Broadband may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Clarus Broadband may charge you a fee for replacement equipment. Equipment fees are subject to change. In addition to the network equipment, Clarus Broadband may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment. You authorize Clarus Broadband to install software upgrades on any equipment provided by Clarus Broadband.
Voice calling is intended for continuous, live conversation between two individuals. Lack of continuous conversation, unusual calling patterns, excessive caller and calling destinations and/or excessive usage (e.g. 5,000 minutes per Equipment per month or more) will be considered as indicators that your use of the Equipment may be inconsistent with normal residential usage. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services relies and is dependent on, among other things, the transmission of data through your Wi-Fi network, enabled wireless device (such as a phone or tablet) and High-Speed Internet access, or optional cellular backup service, for which neither Clarus nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You are prohibited from using the Equipment for auto-dialing, predictive-dialing, continuous or extensive call conferencing, trunking or continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), operating a call center, resale of service, fax or voicemail spamming, broadcasting or blasting.
In order to use E911 services, your service address must be correct and up-to-date. You will not be able to call 911 from you VOIP phone if internet service is unavailable, or if there is a power outage. Internet-only 911 Dialing is different than traditional 911 service and is generally referred to as enhanced 911 or E911. E911 service is subject to availability within your calling jurisdiction. With E911 service, when you dial 911, your telephone number and the service address you registered with Clarus are simultaneously sent to the local emergency center assigned to your location. Customers in locations where the emergency center is not equipped to receive, capture, or retain your telephone number and address have basic 911 or limited E911. In addition, if you dial 911 before your registered location has been entered in the emergency operator’s database, your call will be routed to a national emergency call center. With basic 911 or limited E911, the local emergency operator answering the call may not have your call-back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak. Certain customers may not have access to either basic 911 or E911. If you do not have access to basic 911 or E911, your 911 call will be sent to a national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number, and location of the customer calling 911, and will contact the local emergency center for such customer in order to send help. Examples of situations where 911 calls will be sent to the national emergency call center include when there is a problem validating a customer’s address or the customer is located in an area that is not covered by the landline 911 network. Emergency personnel do not receive your phone number or physical location when your 911 call is routed to the national emergency call center. You authorize us to disclose your name and address to third-parties involved with providing 911 emergency services to you, including but, not limited to, call routers, call centers, and local emergency centers. WE DO NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING OUR 911 DIALING SERVICES ARE ANSWERED OR ADDRESSED BY ANY EMERGENCY RESPONSE CENTER. WE DISCLAIM ALL RESPONSIBILITY FOR THE ABILITY OF ANY OF THE EQUIPMENT TO CONNECT TO AN EMERGENCY RESPONSE CENTER, THE CONDUCT OF THE EMERGENCY RESPONSE CENTER AND THE NATIONAL EMERGENCY CALLING CENTER. WE RELY ON THIRD PARTIES TO ASSIST US IN ROUTING 911 CALLS TO EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. WE DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER CLARUS NOR ITS OFFICERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 911 DIALING SERVICE OR OUR 911 ALERT SERVICE. YOU AGREE THAT YOU WILL NOT RELY SOLELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CLARUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND ASSIGNS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE EQUIPMENT OR SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE, OR OUTAGE OF THE EQUIPMENT (INCLUDING 911 DIALING AND HOME SECURITY, INCORRECTLY ROUTED 911 DIALING CALLS AND INCORRECTLY ENTERED ADDRESSES), FAILURE OF ANY EMERGENCY SERVICE PERSONNEL TO CALL BACK DIRECTLY TO THE NUMBER FROM WHICH A 911 CALL WAS MADE, AND/OR THE INABILITY OF ANY USER OF THE EQUIPMENT TO BE ABLE TO USE 911 DIALING, 911 ALERTS, OR ACCESS OR RECEIVE CALLBACKS FROM EMERGENCY SERVICE PERSONNEL. YOU SHOULD HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES. IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF THE 911 ALERTS SERVICE, YOU SHOULD NOT RELY UPON AND/OR USE THE FEATURE.
Acceptable Use Policy
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. You are responsible for all activity at your subscriber node, whether such activity is undertaken by you or someone else using your Services. You agree not to use or allow third parties to use the Services provided to you for any of the following purposes:
- For any unlawful, invasive, infringing, defamatory, or fraudulent purpose.
- To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
- To generate or facilitate sending unsolicited bulk commercial email via the Services.
- To use any Clarus Broadband equipment for anything other than its intended purpose.
- To violate or encourage the violation of the legal rights of others.
- To operate servers for commercial purposes.
- To make the Services available to anyone outside the property to which the Services are delivered, to resell the Services directly or indirectly, except as explicitly approved by Clarus Broadband in writing, or to create substitute or related services through the use of or access to the Services (for example, to provide Wi-Fi services to third parties outside of your residence).
- To interfere with the use of the Services or the equipment used to provide the Services by customers or other authorized users.
- To alter, disable, interfere with, or circumvent any aspect of the Services, including but not limited to security features of the Services.
Your failure to comply with the AUP may result in suspension and/or termination of the Services.
Clarus Broadband is committed to online safety for minors, and Clarus Broadband complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org.
Clarus Broadband makes an effort to keep its network secure, but no network security is perfect. While Clarus Broadband may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Clarus Broadband is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
Clarus Broadband will not share your personal information, such as address and telephone number, with third parties, You understand and agree that information provided to and collected by Clarus Broadband in connection with the Services may be used internally for quality control standards and such information may be aggregated without identifying information and used for Clarus Broadband marketing materials and other studies.
The Services are not designed, intended, or recommended for use as a repository or means by which to store “protected health information”, as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and similar legislation in other jurisdictions, and the regulations promulgated pursuant thereto (such laws and regulations, “HIPAA”) on a non-temporary basis, and you represent and warrant that neither the Services nor any ancillary product or service that is a part thereof will be used for such purpose. CLARUS SPECIFICALLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT YOUR SERVICES, THE ACCOUNT(S), OR THE EQUIPMENT (OR THE USE OF ANY OF THE FOREGOING BY ANY PARTY) COMPLIES OR WILL COMPLY WITH HIPAA OR ANY OTHER LAW OR WILL RENDER ANY PARTY COMPLIANT WITH HIPAA OR ANY OTHER LAW.
Billing and Payment
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your Clarus Broadband account. Clarus Broadband will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Clarus Broadband account. You agree to pay recurring service fees in advance of the billing cycle in which you will receive the Services. Clarus Broadband will bill one-time charges, in the billing cycle following your authorization of such charges.
You authorize Clarus Broadband to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Clarus Broadband will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Clarus Broadband may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. If you request that Clarus Broadband reinstate any suspended or terminated Services, Clarus Broadband may charge you a reconnection fee. You agree that Clarus Broadband is not responsible for any third-party charges you may incur in connection with your Google Payments account, credit card or other payment method.
Changing and Canceling Services; Termination
You may change or cancel the Services at any time, but you may be required to pay for certain construction fees that may have been waived when you signed up for the Service. You may also be required to return some or all of the equipment, or ensure equipment remains in your house and transfers with a sale of your property. If you do not return equipment or transfer it with sale, you may be required to pay a replacement fee.
Should you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes. If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Your account will not be terminated until all billing obligations are resolved.
Clarus Broadband reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY CLARUS BROADBAND OR AN AGENT THEREOF, NEITHER CLARUS BROADBAND NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY CLARUS BROADBAND, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CLARUS BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US IN THE PREVIOUS SIX MONTHS BY THE SUBSCRIBER TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CLARUS BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
WHEN PERMITTED BY LAW, CLARUS BROADBAND, AND CLARUS BROADBAND’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices to email@example.com.
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
Arbitration. Clarus Broadband and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services, except for claims arising from bodily injury. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. This agreement to arbitrate is intended to be broadly interpreted, including, without limitation, claims arising under any legal theory, and claims that arose before you accepted these Terms or that may arise after the termination of your use of the Services or any agreement between us. You agree that, by entering into this agreement, we are each waiving the right to a trial in a court or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Clarus Broadband should be sent to:
Legal Department; Clarus Broadband, LLC; 13359 N. Hwy 183, #406 PMB 306; Austin, TX 78750.
Your notice to Clarus Broadband must (a) provide your name, mailing address, email address, and your Clarus Broadband account number; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration. Unless we agree otherwise, your demand for arbitration should be sent to Clarus Broadband at the Clarus Broadband Notice Address above.
No class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND CLARUS BROADBAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Changes and Modifications
We may modify these Terms at any time and without notice. You should look at the Terms regularly. Changes will not apply retroactively. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.