Please read through it carefully.
- “Affiliate” means any entity that owns or is owned by, or is under common ownership with, Aptitude Internet, LLC.
- “Aptitude-Supplied Equipment” means any equipment provided by Aptitude to you for use in connection with receipt of the Services, including, but not limited to, Wi-Fi stations, routers, converters, adapters, security cameras, ONTs, and remote controls.
- “Customer-Owned Equipment” means any hardware or software equipment, or service owned and supplied by you.
- “Dispute” means any dispute, claim, or controversy between you and Aptitude arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof.
- “Services” means all the services you receive from Aptitude, including, but not limited to, internet, digital TV, and phone.
- “Service Order” means a request by you for Aptitude to provide one or more of the Services to you on an Aptitude designated form or via Aptitude’s website.
- “Tariff” means a federal or state Aptitude tariff and the successor documents of general applicability that replace such tariff in the event of detariffing.
Delivery of Services
- This Agreement is effective as of the date Services begins and continues as long as you use our Services. Services begin when we complete installation for delivery of the Services. This Agreement supersedes all prior oral or written agreements between Aptitude and you, and Aptitude will have no liability to you except with respect to its obligations described in this Agreement. In the event that any aspect of your Services is terminated or changed, remaining Services will continue to be governed by this Agreement.
Charges and Billing
- By using our Services, you agree to pay all charges associated with the Services, including all applicable fees, taxes, and surcharges, as well as non-standard installation (including complex, underground, custom work, non-penetrating roof mounts, special construction and/or additional outlets), and/or equipment charges, and applicable service charges. Price information for our products is available on our website. PAYMENT FOR ANY GOVERNMENT IMPOSED FEES AND TAXES THAT BECOME APPLICABLE RETROACTIVELY IS YOUR RESPONSIBILITY.
- Billing. Unless otherwise specified, you will be billed monthly for recurring service charges, equipment charges, and applicable state and federal taxes and fees. Since we bill in advance, your monthly Internet billing cycle begins each month on the anniversary date of service activation. Payment in full for all billed charges, including recurring service charges, any additional charges for non-recurring services, and all taxes, fees, and surcharges must be received by the 10th day following the anniversary date of service activation. You acknowledge that you are liable for the payment of all Services rendered by Aptitude and billed to your account. No acceptance of partial payment(s) by Aptitude shall constitute a waiver of any rights to collect the full balance owed under this Agreement. If your payment is returned, we may charge a processing fee for each returned payment, to the fullest extent allowed by Missouri law. You acknowledge that writing statements to the effect of “paid in full” on any checks or other payments provided to Aptitude has no legal effect. Your first bill may be for more than a single month’s service due to pro-rated charges from the date you first began receiving our Services, as well as monthly recurring charges for the next month and charges for any non-recurring services you have received.
- In some cases, you may be billed for Services outside of your recurring service charges. You will be responsible for any charges resulting from, but not limited to, changes in service, service calls, orders, upgrades made from your account. Additionally, certain types of calls may be billed on a measured basis including international long distance and directory assistance calling.
- Administrative Charges. If you fail to pay your bill by the due date (anniversary date of service activation) on your billing statement, we may charge you an administrative or late charge (including field collection fees that apply if we send someone to your home to collect amounts you owe us). Except where administrative charges are set pursuant to law, the current late fee you will incur each month is $8.00. You will be responsible for reasonable attorney’s fees and costs incurred by Aptitude in our collection attempts of any past due amounts not paid by you. If you fail to pay the amount owed, we may suspend or terminate any Services provided to you, and may require you to pay an activation fee, in addition to paying all outstanding balances, prior to restoring your Services. It is your responsibility to ensure Aptitude is in receipt of your payment on or prior to the due date indicated on your billing statement.
- Trial/Introductory Rates and Promotions. If you are receiving promotional or trial/introductory rates, you may cancel your Services at any time prior to the end of the promotional period by notifying us in writing, in person, or by telephone. Once the promotional or introductory period expires, regular charges for the Services will apply unless you notify us you would like to terminate such Services.
- Deposits. We may require a security deposit from you when you initiate our Services. If Services are terminated and you have an outstanding balance owed to us, we may deduct that amount from your security deposit, or, if applicable, charge that amount to the bank account or credit/debit card you have authorized on your account.
- Billing Errors. Disputes concerning your bill may be directed to Aptitude by telephone, in person, email, or in writing. In the event of a dispute concerning the bill, you understand you are still required to pay a sum of money equal to the amount of the undisputed portion of the bill. Your Services shall not be disconnected for nonpayment of the disputed amount. An administrative charge or late fee may be assessed upon any outstanding undisputed balance due that remains after the due date indicated on your billing statement. We limit retroactive adjustments for billing errors to ninety (90) days prior to the date the error is discovered. In the event of a billing error, you must notify us within thirty (30) calendar days of the day you receive your bill. If no notice is received, you acknowledge your waiver of any right to receive a refund or credit.
- Credit Card Payments. Use of a credit card to pay for the Services is governed by the credit card issuer agreement. You must refer to that agreement for your responsibilities and liabilities as a cardholder. By providing us with a credit card number, you authorize us to charge the card for all charges generated under this Agreement, until its termination, or prior authorization by you to stop charging the credit card. It is your responsibility to provide Aptitude with updated credit card information on a timely basis prior to the expiration or termination of the credit card on file. We shall not be responsible in the event your credit card limit is insufficient to cover payment.
- Taxes and Fees. Taxes and governmental fees and surcharges may be changed with or without notice, and you will be responsible for paying additional costs incurred by Aptitude for providing Services due to increase in costs caused by newly adopted laws, rules, regulations, or judgments.
Changes to Services, Fees, and Prices
- We reserve the right, in our sole discretion, to modify the terms in this Agreement, add to, rearrange, or discontinue any or all aspects of the Services offered (including programming or features contained in the Services,) and/or change or impose new prices and fees. This Agreement, as revised from time to time, is accessible at our website. The most recent version of this Agreement shall supersede any prior versions which may have been provided to you.
- Unless otherwise specified by applicable law, Aptitude will give you thirty (30) calendar days prior notice of any material changes affecting our Services, prices, or fees, and the effective date of such changes. Notice of such changes will be included with your billing statement, by sending it via U.S. Postal Mail, by sending notice to your email address on file with Aptitude, or by other lawful means. You have the right to cancel your Services if such changes are no longer acceptable to you; however, you will be considered to have accepted upon your continued use of the Services after the specified effective date.
- Interruptions and Credits. In the event of a service interruption with your Internet, Wi-Fi, digital TV, security or phone, occurring for more than twenty-four (24) consecutive hours after the earlier of being reported to Aptitude or being found by Aptitude to be out of order, resulting from causes solely within our reasonable control (aside from service interruptions resulting from your failure to pay amounts owed to us, any willful or negligent act by you or a third party, any Customer-Owned Equipment malfunctioning, our inability to gain access to your premises, or other violations of this Agreement,) you will be issued a credit to your bill for the period of the service interruption, upon your request. Requests for credit must be made within five (5) business days following the service interruption. Unless required by law, such credit will not exceed the fixed monthly charges for the month of such Services interruption and will exclude all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. UNLESS PROHIBITED BY LAW, SUCH CREDIT WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICES. We will abide by applicable law, if such law imposes other credit requirements than described above, with respect to service interruptions.
- Force Majeure. We have no responsibility for service problems that are beyond our reasonable control. Examples of problems beyond our reasonable control include acts of God, flood, fire, fiber cuts, solar flares and those caused by storms and other natural disasters, third party damage to access networks, failure of any signal at the transmitter, failure of a communications satellite, loss of use of utility facilities, vandalism, terrorism, unavailability of right-of-way, any law, order, regulation, or governmental act, civil disturbances, power failures, computer viruses, or strikes.
- We exercise no control over the content of the information passing through our network and accessed through the Services. We have no duty to monitor, review, remove, or edit any material passing through or residing on our network or servers, although we reserve the right to do so. Some sites contain information that you may consider obscene or harmful. We shall not be responsible in any manner and to any extent for sites or postings that might be considered obscene, offensive, harmful, or illegal. You are responsible for your own monitoring and viewing habits, including those of minors within your household. We make no warranties of any kind, whether express or implied, about the content of the information passing through our network or accessed by you through the Services. Use of any information obtained through the Services is at your sole risk. We specifically disclaim any responsibility for the accuracy or quality of information obtained through the Services. Content can be controlled by Aptitude’s Wi-Fi app.
- You are responsible for securing your data and communications. We will not be responsible if a third-party gains access to your data or communications, the Services, or your Customer-Owned Equipment. We deem all use of the Services from the location which you receive such Services, including any communications made through the Services, whether authorized by you or not, as your use (such as charges attributed to Wi-Fi Calling, Video on Demand, Pay-Per- View, etc.) All charges attributed to your account will be your sole responsibility, and you agree to indemnify Aptitude from any liability which may arise relating to such charges.
- The Aptitude-supplied Equipment is, at all times, the sole and exclusive property of Aptitude, regardless of payments made by you related to this Agreement. At no time will Aptitude be deemed to have abandoned the Aptitude-Supplied Equipment in the event it is not retrieved upon termination of any Services. You are to use Aptitude-Supplied Equipment only for the purpose of using the Services as set forth in this Agreement. You agree not to sell, transfer, lease, assign, or encumber Aptitude-Supplied Equipment, in whole or in part, to a third party, or allow a third party use of your Services.
- You agree to allow us, or our agents or representatives on our behalf, access to the premise where the Services are provided to install, maintain, inspect, upgrade, disconnect, alter, remove, or replace Aptitude-Supplied Equipment. Such access will be provided during regular business hours and with reasonable notice provided. You affirm that you are the legal age of majority in your state and have the authority to provide us with access to the premise, or that you have obtained the necessary approval(s) for us to access the premise. Neither Aptitude personnel, nor Aptitude agents or representatives, shall enter the premise where the Services are provided to perform any work unless a responsible adult is present. You agree to provide Aptitude employees and representatives with a safe working environment while on the premises. If an Aptitude employee or representative deems the working environment unsafe in his or her sole discretion, you agree that Aptitude may elect not to provide any services on the premise, until such premise is deemed safe by Aptitude. You agree to indemnify and hold harmless (including costs and reasonable attorney’s fees) Aptitude personnel and/or our agents or representatives from any claim by the owner of the premise arising out of our performance of this Agreement.
- Neither Aptitude, nor its agents or representatives, shall be liable for any effects of normal installation or repair workmanship, except for damages caused by gross negligence or willful misconduct by Aptitude personnel, or its agents and representatives. Subject to other limitations on liability contained in this Agreement, Aptitude’s liability for damages associated with the installation, maintenance, or repair of the Aptitude-Supplied Equipment shall not exceed an amount equal to the proportionate part of the monthly recurring charge for the Services for the period during which the Services were affected.
- We reserve the right to make changes to Aptitude-Supplied Equipment through downloads or otherwise. If we change our equipment requirements with respect to our offered Services, you acknowledge you may not be able to receive such Services with your current Aptitude-Supplied Equipment. Your continued use of the Services after such changes will constitute your consent to continue using the Services, as so changed.
- You agree not to relocate Aptitude-Supplied Equipment to a premise other than the premise where the Services were initiated and continue to be billed. Aptitude-Supplied Equipment may be moved to a different premise only when we have approved your change of residence request. When changing your services or transferring your services to a new location, we require that your account be in good standing, and your credits or charges from your previous premise shall be transferred to your new premise where services will be rendered.
- Repair and Replacements. Aptitude will offer an equipment protection plan and shall repair and/or replace Aptitude-Supplied Equipment provided to you at no charge, unless such repair or replacement was a result of your or third party’s misuse, negligence, fault, or theft. Aptitude is not responsible for bringing service to the input of Customer-Owned Equipment and will not be responsible for the repair or replacement of such equipment. Any repair charges related to your or a third party’s misuse of any Aptitude-Supplied or Customer-Owned Equipment affecting your Services will be your responsibility to pay. You agree not to allow any Aptitude-Supplied Equipment to be serviced by non-Aptitude personnel, agents, or representatives.
- Customer-Owned Equipment. Aptitude provides full, end-to-end Internet and Premium Wi-Fi services. As such, Aptitude may, at their sole discretion, allow, or support, Customer-Owned Equipment. Aptitude shall have no obligation to provide, maintain, service, repair, connect, operate, or replace Customer-Owned Equipment, or provide customer support relating to any issues relating to the compatibility with the Services. Customer acknowledges and agrees that when Aptitude personnel or authorized contractors must attempt or perform troubleshooting, maintenance, or repairs resulting from Customer Owned Equipment malfunctioning, Customer shall be responsible for payment of all charges. Service calls generated by customer-owned equipment may be subject to additional charges and Aptitude-Supplied Equipment may be installed.
- If the Aptitude-Supplied Equipment is lost, stolen, damaged, or tampered with, you agree to pay to us the retail replacement cost of the Aptitude-Supplied Equipment, without deducting for depreciation or regular wear and tear. You agree to return lost or stolen Aptitude-Supplied Equipment that is recovered, even if you have paid Aptitude for its replacement cost. See our current retail equipment costs.
- Our equipment and Services are being provided to you for your non-commercial use only. You agree not to resell, charge for, or redistribute all, or any portion, of the Services. Customers receiving AptitudeTV agree not to redistribute or retransmit for any commercial purpose, regardless of whether or not you make a profit. Those receiving services agree not to use our Services for commercial purposes, including for the purpose of conducting telemarketing or auto-dialing, or for any other use inconsistent with normal residential calling. You agree not to provide persons who are not members of your household with access to our Services or Aptitude-Supplied Equipment, including your passwords and/or usernames. You agree you will not, nor allow others, to misuse, tamper, or remove Aptitude-Supplied Equipment or use it contrary to this Agreement. Tampering with or altering with the network to receive unauthorized services is a federal crime punishable by fines and/or imprisonment. You are prohibited from removing, manipulating, or altering in any way our logos, markings, labels, serial numbers, or other identifying information from the Aptitude-Supplied Equipment. Our AUP for residential Internet is located on our website. We may modify the AUP from time to time with the new version being posted as set forth above, with or without notice to you.
- If you knowingly access Services that you have not paid for or enable others to access such Services that they have not paid for, or cause or assist in the willful damage, alteration, or destruction of Aptitude-Supplied Equipment, or unauthorized reception or diversion of Services, you will be considered to have breached this Agreement, and you may be subject to statutory damages, fines, or criminal charges.
- The Services provided to you may differ depending on which Aptitude-Supplied Equipment you use. Not all Aptitude-Supplied Equipment will support all Services and certain Services may not be available in all areas.
- Usernames and Passwords. Aptitude may furnish you with one or more user identifications and/or passwords for use with respect to the Services. You shall be responsible for the confidentiality and use of such user identifications and/or passwords and shall immediately notify Aptitude if there has been an unauthorized release, use or other compromise of any user identification or password. In addition, you agree that its authorized users shall keep confidential and not distribute any information or other materials made available by or on behalf of Aptitude. Aptitude shall not be liable for any loss, cost, expense, or other liability arising out of any Client use of any such identification or password. Aptitude may change or discontinue any such identification or password, or your right to use the same, at any time.
- Fiber/Wireless Network. You understand and agree that the fiber/wireless devices installed or provided by Aptitude will remain connected on the premise through the duration of your Services with us, as well as after termination of the Services. Fiber/wireless service is installed either underground, or aerial and will usually follow the same route as existing electric, telephone, or television cabling. You acknowledge that Aptitude will need access to either your front or back yard, depending on your neighborhood power and communications utility locations. For new and existing single unit installations, the fiber/wireless devices shall become a fixture to the realty upon installation. You shall be responsible for the payment of any damages resulting from your or a third party’s negligence or misuse of the fiber/wireless network. You acknowledge and agree that you or a third party may not remove, replace, rearrange, attach to, or repair the fiber/wireless network. You may otherwise be held responsible for the cost of rectifying the fiber network and we may terminate or suspend your Services.
Software and Intellectual Property
- Software License. To facilitate your use of our Services, we may provide you with software and/or firmware. Any software or firmware provided with our Services or contained within the Aptitude-Supplied Equipment may only be used for non-commercial and private use to the extent necessary to use or receive the related Services. You are being granted a revocable, personal, limited, non-transferable, non-assignable, and non-exclusive license to download, install, and use the software or firmware, so long as this Agreement remains in full force and effect. Use of such software or firmware does not give you any ownership rights, and you may not sublicense, lease, rent, or assign the software or firmware. Except for your limited license to use the software or firmware, all other intellectual property rights associated with them shall remain at all times with us and/or our licensors. You agree that you shall not, nor shall you permit others, to publish, duplicate, display, modify, distribute, reverse engineer, transmit, decompile, attempt to create the source code from the object code for the software, or create derivative works from the software or firmware, in whole or in part, including any written materials provided in conjunction with them.
- We may, from time to time, modify the software or firmware, including through remote downloads to Aptitude-Supplied Equipment. If you receive a software update notification from us, it is your responsibility to promptly perform an update. Failure to do so may result in the Aptitude-Supplied and/or your Customer-Owned Equipment no longer being compatible with our Services. You agree to take no action to interfere with such automatic upgrades, scanning, and related services.
- Intellectual Property. Aptitude is registered under the Digital Millennium Copyright Act of 1998. If you believe that material available through our Service has infringed your intellectual property rights, you may file a complaint of such claimed infringement with our designated agent. Visit our website to see our Procedure for Reporting Intellectual Property Infringement.
- Copyrights and Trademarks. Materials available on the Aptitude website are protected by copyright law.
Deletion of Materials
- In accordance with our storage policies, we reserve the right, in our sole discretion, during the term of this Agreement and upon its termination, to delete your voicemail, call details, DVR recordings, data, files, pictures, videos and other information stored on our servers, systems, or any Aptitude-Supplied Equipment.
- In the event you cancel your service without porting your telephone number to another service provider, you will forfeit the telephone number. You understand and agree that we shall have no liability whatsoever for any loss or removal of such data or information.
Aptitude Fiber/Wireless Phone Subscribers
- Battery Backup. Our Services use electrical power in your home. If your power is interrupted, for example due to a power outage, you may not be able to make or receive calls, use 911, or home security or medical monitoring services unless you have an Uninterruptible Power Supply (UPS) or battery backup. While you are solely responsible for purchasing a battery backup unit, at Aptitude, we offer all our customers the option to buy an optional battery backup. A battery backup does not guarantee you will always be able to make or receive calls or use 911 in the event of a power interruption. Calls may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or any other technical or service-related issue. In such instances, you may be unable to use our phone service to call 911. Additionally, Aptitude battery backup options will not provide power to any other service except to your Aptitude fiber phone. If you have a home alarm system, medical monitoring devices, or other similar equipment that utilizes your telephone line to operate, you will need a separate power supply to operate those devices during a power outage in addition to the backup battery for your Aptitude Fiber Phone Service. We will not be liable for the failure of your service during a power outage, including failure due to the lack or nonperformance of battery backup power. Please visit Aptitude’s website to learn more about Aptitude battery backup options and capabilities.
Home Security and Medical Monitoring.
You understand that our phone service may not be compatible with certain home security systems or medical monitoring and personal emergency alert devices, and that we accept no responsibility for the performance of such devices and systems with our service. If you intend to use our phone service with a third party’s home security or medical monitoring system or device, you are responsible for making sure it works properly and for the cost of doing so. You should contact your home security or medical monitoring provider to determine whether our phone service is compatible with its systems and to test the system’s operation.
- 911 Information. The device that we provide to you for your phone service is linked to the address you provided to Aptitude. In order for your 911 calls to be properly directed to emergency services, ensure you have provided us with your correct premise address. If you move the device to a new address without first obtaining the necessary approval from us, you will be in violation of this Agreement. Furthermore, moving the device to an unauthorized address may result in emergency personnel being unable to locate you. Ensuring we have the correct address listed with the 911 database can take several business days from the time that you subscribe to our phone services.
- Directory Listing Errors. If we make available the option to list your name, address, and/or telephone number in a published directory or database, and fail to comply with your request regarding directory listing information (for example, we list the wrong information, fail to include information you requested be listed, or list information you requested remain unpublished,) you may be entitled to a credit under our policies, equal to one month’s service or, if greater, an amount prescribed by applicable regulatory requirements. Please contact our office for more information. Other than these credits, we have no liability with respect to directory listings. YOU AGREE TO HOLD APTITUDE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OUR AGENTS, AND ANY OTHER PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, INCLUDING LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFITS, ARISING FROM THE ERRORS OR OMISSIONS REFERENCED IN THIS PARAGRAPH.
- Unlimited Calling. Aptitude unlimited calling applies to the continental contiguous 48 states, and Washington, D.C, and is based on normal residential, non-commercial use. Unlimited calling excludes all calls made to Alaska, Hawaii, United States territories and possessions, Mexico, and all other foreign countries or protectorates and territories. Unlimited calling also excludes 900, and 900-like numbers, and entertainment phone services. Additional charges will apply for all calls outside of the contiguous 48 states and Washington, D.C., directory assistance calling, and operator services.
- Tariffs. If Aptitude has filed a tariff with your local Public Service Commission (or similar state agency), then the tariff will govern, in whole or in part, your receipt of Aptitude phone service.
- Service Level Limits. Each Service Experience may have a Maximum Throughput Rate or other characteristics. We can set or change the Maximum Throughput Rate or other characteristics of any Service level. If we do, we may put in place additional terms to address usage that is not consistent with the resulting Service level.
- Throughput Rates. The Throughput Rate will be tested to your premise. You acknowledge that you may not receive maximum throughput speeds at certain times. The Throughput Rate you experience at any time will be affected by a number of factors, including the nature of the Internet and its protocols, our facilities, the bandwidth we devote to carriage of protocol and network information, the condition and configuration of our Equipment or your Customer-Owned Equipment at your location, whether you use an in-home Wi-Fi network (which can significantly limit the Throughput Rate obtained by devices attached to it,) our use of data volume and congestion on our network and the Internet, the time of day you are using the Service, and the performance of the website servers you try to access.
- Your Transmissions. If you send or post materials through the Service, you are responsible for the material and confirm that you have all necessary rights to do so. You grant us, with no obligation to pay you, all rights we need to complete your transmission or posting. If we determine that the transmission or posting violates our policies, we may (but have no duty to) delete the materials, block access to them, or cancel your account.
- Addresses. Use of the Service does not give you any ownership or other rights in any Internet Protocol, email or Internet addresses that may be provided to you as part of the Services. Upon termination of your Service account, we reserve the right to permanently delete or remove any or all addresses associated with such account.
Aptitude Enable Wi-Fi App
- Reservation of rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Aptitude Internet reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Updates. Aptitude Internet may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Aptitude Internet has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the App will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
- You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
- License Restrictions. Licensee shall not:
- copy the App, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, copyrightable or registrable under intellectual property laws, of the App;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or
- use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
- Terms and termination. The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Aptitude Internet.
- You may terminate this Agreement by deleting your Enable Wi-Fi account and the App (and all copies thereof) from your Mobile Device(s). Please note that deleting your Enable Wi-Fi account will not delete your account(s) with your internet service provider for related services.
- Aptitude Internet may terminate this Agreement at any time without notice if it ceases to support the App, which Aptitude Internet may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the App and delete all copies of the App from your Mobile Device(s).
- Termination will not limit any of Aptitude Internet’s rights or remedies at law or in equity.
- Terms and termination. The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Aptitude Internet.
Violations of this Policy
- If Aptitude receives notice from a third party, or if we reasonably believe that you have violated any of the terms of this Agreement (including, without limitation, for failure to pay for the Services when due), then we shall have the right, in our sole discretion, without prior notification to you, without limiting any other rights or remedies we might have, and without incurring any obligation or liability to you, to temporarily discontinue furnishing Services to you, in whole or in part, or to terminate Services to you. We may charge a fee for any discontinued Service that is subsequently reconnected.
Telephone and Email Contact Consent
- Telephone. To provide you with better and more efficient customer service we may contact you regarding your account with us, in response to your inquiries and questions, your request for service(s), or for other purposes, including marketing of products or services provided by us or our affiliates. You certify that you are the subscriber to the provided cellular or other wireless number and you authorize us, and our representatives and agents to contact you at any current and future number(s) that you provide for your residential, cellular telephone, or other wireless device using automatic dialing systems, artificial or prerecorded messages, and/or automated text messages, even if you may be charged by your service provider(s) for receiving such communications. You may revoke your consent to receiving such automated or artificial or prerecorded calls and text messages at any time. To do so, call us at 888-895-5238, visit us at our office, or email us at email@example.com.
- Call Monitoring. To ensure the quality of our Services and for other lawful purposes, you agree that we may monitor or record telephone conversations you make to us, or we make to you (for example, conversations you have with our customer service representatives).
- Email. You authorize us, or our representatives or agents, to deliver certain disclosures, notices, and communications, including promotional communications of our Services (collectively “Communications”) to you in electronic form. Your agreement to this Agreement confirms your ability to consent to receive such Communications electronically. Communications will be delivered via email, using the email address(es) you provide to us, including that of a wireless or mobile device, posted to our Website, or otherwise communicating them to you via the Services. You agree that you are responsible for any charges by your wireless or mobile provider for receipt of such emails. You have the option of maintaining copies of communication by printing copies or saving electronic copies, as applicable. If you do not wish to receive promotional emails, such as emails describing promotions or new services, you may click “unsubscribe” on such emails, and your address will be removed from any future marketing emails.
Waiver to Bring Legal Action
- You acknowledge that you waive your right to commence any proceeding against Aptitude if the relevant events occurred more than one year earlier. You may, however, opt out of this waiver. In doing so, the normal statute of limitations in your area will apply to any claims arising out of or relating to this Agreement. To opt out, please send us a written opt out request to the address listed below, with your name, address, Aptitude account number, and a statement that you wish to opt out of this Agreement “Section 16 – Waiver to Bring Legal Action.” To opt out, you must notify us within thirty (30) days of the date you first became subject to the Agreement by using our Services. Aptitude Internet, LLC Attn: Legal Department PO Box 460, Farmington, MO 63640.
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES YOU WITH INFORMATION ON RESOLVING DISPUTES THROUGH ARBITRATION, AS WELL AS YOUR RIGHT TO OPT OUT.
- We will attempt in good faith to resolve disputes promptly and fairly. In the event a Dispute cannot be resolved, we each agree to submit the Dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules, or, by separate mutual agreement, to another arbitration institution. If we are unable to agree to an alternative arbitration institution, we each agree to mutually petition a court of appropriate jurisdiction to appoint an arbitration institution that will enforce this Section as written. The location of the arbitration will take place in St. Francois County, MO, or such other place as is mutually agreed upon. All arbitration awards shall be subject to Section 17 hereof.
- You may not combine a Dispute that is subject to arbitration under this Agreement with a Dispute that is not eligible for arbitration under this Agreement. We each acknowledge and agree that under no circumstances will a class action be arbitrated.
- Notwithstanding anything to the contrary, Aptitude will pay for any fees or costs required of us to pay under the local law where you are located.
- The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Aptitude requests one. Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institute that rendered the original award. Any such appeal must be filed within thirty (30) days, and the appeal will be decided based on that institution’s appeal rules, within one-hundred twenty (120) days of filing. If any party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorney’s fees and costs incurred in that appeal.
- Class Action Waiver. Notwithstanding any other Section of this Agreement, if either you or Aptitude elects to arbitrate a Dispute, neither of us will have the right to: (i) participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (ii) join or consolidate disputes with disputes of any other persons. This Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against Aptitude by a state or federal government agency even when such agency is seeking relief on behalf of a class of customers, including you. This means that neither Aptitude nor you will have the right to compel arbitration of any claim brought by such an agency.
- OUR RIGHT TO OPT OUT. You may decline to have disputes with Aptitude arbitrated by opting out. Doing so means neither you nor Aptitude can require the other to participate in arbitration proceedings, and each of us may sue the other in a court of law. To opt out, you must notify us within thirty (30) days of the date you first became subject to the Agreement by using our Services. If this Section was not then a part of this Agreement, then the date that this arbitration Section became binding on you in accordance with terms found in Section 2(a). To opt out of this arbitration Section, please send us a written opt out request to the address listed below, with your name, address, Aptitude account number, and a statement that you do not wish to resolve any Dispute with Aptitude through arbitration and would like to therefore opt out of this Agreement’s arbitration obligation. Please note, your decision to opt out of this Section will not result in any adverse effect on your relationship with us or the delivery of your Services. Aptitude Internet, LLC Attn: Legal Department PO Box 460, Farmington, MO 63640.
- Confidentiality. The arbitration proceedings under this Section shall be as confidential and private as permitted by law. To that end, we each agree not to disclose the existence, content, or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding; provided, however, that this confidentiality portion shall not prevent a petition to vacate or enforce an arbitral award and shall not bar disclosures required by any laws or regulations.
- Jury Trial. To the extent permitted by applicable law, for any Disputes relating to this Agreement not submitted to arbitration, and properly brought in a public court of law, Aptitude and you hereby knowingly, voluntarily, intentionally, and irrevocably waive the right to a trial by jury in respect to any litigation based hereon or arising out of this Agreement, or any other dispute or controversy between Aptitude and you. All Disputes, irrespective of whether or not submitted to arbitration, shall be subject to Section 18 hereof.
- Severability. If any clause within this Dispute Resolution Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver is limited, voided, or found unenforceable as to a Dispute, then this Section (except this sentence) shall be null and void with respect to such Dispute (but not as to any others that have been brought or are later brought,) subject to the right to appeal the limitation or invalidation of the Class Action Waiver.
- Continuation. This Dispute Resolution Section shall survive the termination of your Services with us.
Termination of Service
- Unless otherwise agreed, this Agreement will be in effect from the time the Services are initiated until they are terminated by either you or Aptitude. All applicable charges and fees will accrue in accordance with this Agreement until the Services have been disconnected and all Aptitude-Supplied Equipment has been returned, subject to all applicable laws.
- Aptitude or you may terminate any or all portions of the Services at any time, in our or your sole discretion, and for any reason in accordance with applicable laws and terms of any promotional offers, as specified in this Agreement. No financial penalty, aside from those mentioned in Section 3(d), will be assessed for termination of Services. If you wish to terminate all or any portion of the Services, you agree to notify Aptitude Internet by phone. We will schedule a disconnect appointment, and you agree to provide Aptitude personnel, its agents or representatives access to the premise in order to disconnect all or a portion of the Services and recover Aptitude-Supplied Equipment.
- Upon termination, you agree to (i) immediately cease all use of the Services and all Aptitude-Supplied Equipment and (ii) pay in full for your use of the Services up to the date the termination of this Agreement took effect and the Services were disconnected. You must return the Aptitude-Supplied Equipment to our local business office within 10 days of termination. Failure to do so will result in an Aptitude technician being dispatched to retrieve the Aptitude-Supplied Equipment at your expense. You may be charged a continuing monthly charge until all Aptitude-Supplied Equipment is returned to us. We will refund all prepaid monthly service fees charged for Services after the date of termination (less any outstanding amounts due to Aptitude for the Services, Aptitude-Supplied Equipment, or other applicable charges and fees.)
- Refund Upon Termination. If you terminate your service with Aptitude and are warranted a credit refund, you will receive a refund check in the mail within forty-five (45) calendar days of termination. Your refund will be the pro-rated portion of any fees and charges which you have paid in advance. If the pro-rated portion is less than $5.00, a refund will only be issued upon request.
- You agree that termination of any or all portions of the Services cannot occur simply by writing “canceled” or any other message to that effect on your check, bill, or other such communication. Termination of services can only occur by phone.
- We reserve the right, subject to applicable law, to immediately and with or without notice, terminate or suspend the Services and/or to remove from the Services any information transmitted by or to any authorized user. These actions may be taken if we (i) determine your use of the Services is in violation of this Agreement; (ii) determine your use of the Services interferes with our ability to provide Services to you or others, or adversely affects our equipment; (iii) believe any Aptitude-Supplied Equipment has been subject to tampering; (iv) reasonably believe your use of the Services violates any laws, regulations, or requirements for use; or (v) reasonably believe your use of the Services interferes with or endangers the health and/or safety of our personnel or third parties. If we suspend the Services we may require that you pay us a fee for restoring your Service, in addition to charging you the regular cost for such Services during the suspension.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS APTITUDE, ITS AGENTS OR REPRESENTATIVES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES, AND ANY OTHER PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THIS AGREEMENT, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S AND ACCOUNTANT FEES) ARISING FROM OR IN ANY WAY RELATED TO A SUIT BROUGHT BY A THIRD PARTY BASED ON YOUR USE OF OUR SERVICES OR EQUIPMENT, OR BY YOUR VIOLATION OF THIS AGREEMENT.
Limitation of Liability; Disclaimer of Warranty
- LIMITED LIABILITY. EXCEPT AS PROVIDED IN SECTION 5, NEITHER WE NOR OUR EMPLOYEES, AGENTS, OR AFFILIATES WILL BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED DIRECTLY OR INDIRECTLY ON YOUR RELATIONSHIP WITH US OR OUR PROVISION OF THE SERVICES, WHETHER BASED ON BREACH OF CONTRACT, TORT, OR FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM INSTALLATION, USE, MODIFICATION, REPAIR, OR REMOVAL OF APTITUDE-SUPPLIED AND NON-APTITUDE SUPPLIED EQUIPMENT.
- NO OTHER WARRANTIES. APTITUDE MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS WITH RESPECT TO THE PROVIDED SERVICES. WE MAKE NO GUARANTEES THAT OUR SERVICES, EQUIPMENT, OR SOFTWARE WILL BE WITHOUT INTERRUPTION, ERROR-FREE OR VIRUS-FREE, OR WILL BE COMPATIBLE WITH CUSTOMER-OWNED EQUIPMENT OR OPERATE AS INTENDED. OUR SERVICES AND EQUIPMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- EXCLUSION OF CERTAIN DAMAGES. IN NO EVENT SHALL APTITUDE, ITS AFFILIATES, OR ITS AGENTS OR REPRESENTATIVES, BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OR DAMAGE TO YOUR OWN EQUIPMENT, LOSS OF DATA, LOSS OF USE, SERVICE INTERRUPTION OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING YOUR INABILITY TO USE 911 EMERGENCY SERVICES.
- ANY AND ALL EQUIPMENT AND SERVICES PROVIDED BY APTITUDE THAT ARE NOT PART OF THE SERVICES AS DEFINED HEREIN ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND NEITHER APTITUDE, ITS AGENTS NOR ITS REPRESENTATIVES HAVE ANY RESPONSIBILITY OR LIABILITY FOR SUCH EQUIPMENT OR SERVICES. APTITUDE, AND ITS AGENTS OR REPRESENTATIVES, MAKE NO WARRANTIES AND ARE FREE FROM LIABILITY WITH REGARD TO THE SECURITY OF YOUR COMMUNICATION VIA OUR NETWORKS OR SERVICES, OR THIRD PARTIES GAINING UNAUTHORIZED ACCESS TO MONITOR YOUR COMMUNICATIONS. YOU ACKNOWLEDGE THE SOLE RESPONSIBILITY OF SECURING YOUR COMMUNICATIONS (INCLUDING VOICE AND ONLINE) IS YOURS.
- INSURANCE; WAIVER OF SUBROGATION. I AGREE THAT APTITUDE IS NOT AN INSURER AND THAT APTITUDE IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. THE AMOUNTS I PAY APTITUDE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF MY PROPERTY, ANYONE ELSE’S PROPERTY LOCATED IN MY PREMISES OR ANY RISK OF LOSS AT MY PREMISES. INSTEAD, THE AMOUNTS APTITUDE CHARGES ME ARE BASED SOLELY UPON THE VALUE OF THE EQUIPMENT AND SERVICES APTITUDE PROVIDES AND UPON THE LIMITED LIABILITY APTITUDE ASSUMES UNDER THIS CONTRACT. IF I WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT MY PREMISES, I WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE OR INJURY, I WILL LOOK EXCLUSIVELY TO MY INSURER AND NOT TO APTITUDE TO COMPENSATE ME OR ANYONE ELSE. I RELEASE AND WAIVE FOR MYSELF AND MY INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST APTITUDE ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY.
- NO GUARANTEE; NO LIABILITY. APTITUDE’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES AND MEDICAL PROBLEMS. OTHER THAN THE LIMITED WARRANTY APTITUDE MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. APTITUDE DOES NOT UNDERTAKE ANY RISK THAT I OR MY PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH ME, NOT APTITUDE. I RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST APTITUDE FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE EQUIPMENT OR SERVICES PROVIDED BY APTITUDE.
- EXCLUSIVE REMEDY. IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY APTITUDE TO PERFORM ANY OF ITS OBLIGATIONS. UNDER NO CIRCUMSTANCES WILL I ATTEMPT TO HOLD APTITUDE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY. IF, NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH 5, APTITUDE IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SERVICES AND/OR EQUIPMENT PROVIDED BY APTITUDE, APTITUDE’S LIABILITY TO ME SHALL BE LIMITED TO A SUM EQUAL TO 10% OF THE ANNUAL SERVICE CHARGE OR $500, WHICHEVER IS GREATER. THIS AGREED-UPON AMOUNT IS NOT A PENALTY. RATHER, IT IS MY SOLE REMEDY. UPON MY REQUEST, APTITUDE MAY AGREE TO ASSUME LIABILITY BEYOND WHAT IS PROVIDED FOR IN THIS PARAGRAPH 5 BY ATTACHING AN AMENDMENT TO THIS CONTRACT SETTING FORTH THE EXTENT OF APTITUDE’S LIABILITY AND THE ADDITIONAL CHARGES TO ME.
- Governing Law; Claims. This Agreement and all Service Orders will be governed by and interpreted in accordance with the laws of the State of Missouri, without reference to its choice of laws. You or Aptitude submit to the exclusive jurisdiction of the courts located in St. Francois County, Missouri and are not to commence any legal action under or in connection with the subject matter of this Agreement in any other court or forum.
- Entire Agreement. This Agreement, including any documents which are incorporated herein by reference, are the entire agreement between you and Aptitude and supersede any prior agreements between us with respect to the Services.
- Partial Invalidity. In the event that any Section of this Agreement shall be held to be unenforceable, such Section shall in good faith be renegotiated to be enforceable and shall reflect as closely as possible the intent of the original Section of this Agreement. Such negotiations shall not affect the enforceability of the remainder of this Agreement.
- Assignment. You may not assign this Agreement or any or all portions of this Agreement or Services whether by operation of law or otherwise, to any other person, entity, or location, without our prior written consent. You acknowledge that Aptitude may transfer or assign any portion or all of this Agreement at any time, without notice to you.
- No Waiver. Failure by us to enforce at any time or for any period of time any Section or right hereunder shall not constitute a waiver of such Section.
- Headings. All article and section headings herein are for convenience only and shall not be deemed to control or affect the meaning or construction of any Sections hereof.
- No Third-Party Beneficiaries. This Agreement does not expressly or implicitly provide any third party with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.
- Approvals, Consents and Agreements. Whenever a Section in this Agreement requires the approval, consent, agreement or authorization or the like from Aptitude, Aptitude’s decision to grant the same shall be in Aptitude’s sole discretion.