THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT AND DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH MONTANA DIGITAL, LLC (“MtnMax” or “we”) WILL PROVIDE YOU WITH ANY AND ALL SERVICES AND RELATED EQUIPMENT OFFERED BY MTNMAX.
BY USING OR PAYING FOR MTNMAX SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
For purposes of this Agreement, “Service” or “Services” means the voice, data or video service provided by MtnMax. Services may be provided directly by MtnMax or through resale, agent, or other arrangements MtnMax has made with third parties and where provided by third parties are subject to your acceptance of third party terms, including third party terms and policies related to the use of your information. By using or paying for the Service, you are agreeing to the terms and conditions in this Agreement, including service-specific terms of service referenced herein.We encourage you to review the applicable service terms and conditions as they contain important information about your rights and obligations, and ours.
References to “MtnMax”, “we” and “us” and to “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of MtnMax Service under this or prior agreements between us or our predecessors in interest.
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
MtnMax may provide discounted arrangements, including gifts or promotions, to customers who purchase multiple eligible services at the same time (“Bundled Services”) or commit to a minimum time-period term contract arrangement (“Term Arrangements”). If you subscribe to a Bundled Services plan with a term commitment, you agree to maintain such Bundled Services for the minimum term of that plan. You understand and agree that you must continue to purchase all Bundled Services, without change, for the minimum term agreed upon to receive any promotional offer, discounted rates, gifts or other incentives. You agree that if you change or discontinue any part of a Bundled Services plan, you may lose all promotional pricing, discounted rates, gifts or other incentives associated with the Bundled Services plan, that the price for each individual Bundled Service may increase, and that any changes will constitute a failure to fulfill the minimum term agreed upon to receive the promotional rate, discount, gift or other incentive. If you add a Service to existing Service(s) already received by you then all Services received shall be deemed Bundled Services and the longest term commitment applicable to any of Bundled Services shall be deemed the new term commitment for all such Services received by you. If applicable, the term commitment will automatically renew for the same time period at then applicable rates each time it expires unless you notify MtnMax or we notify you of termination before the term commitment period ends. At the end of a term, different Service and equipment charges may apply going forward. If you do not fulfill your commitment for the minimum term (or, if renewed, the renewal term), as agreed at the time you ordered service, you will be liable for and agree to pay to MtnMax the applicable early termination fee (“ETF”).
Unless otherwise specified in a Term Arrangement, Services are provided on a month to-month basis, at our then-current monthly pricing. Unless otherwise prohibited by law, MtnMax may, in its sole discretion, cancel your month-to-month Services at any time by giving you thirty (30) days’ notice. MtnMax’s right to cancel your month-to month Services shall apply regardless of promotional pricing, discounted rates, or other incentives.
The applicable charges for the Services, including equipment charges, are described in the information made available to you when placing or confirming your order for the Services. Your invoice may also contain certain other charges (including, without limitation, taxes and other fees and charges such as account activation, equipment delivery and handling fees, installation charges, technician service charges, and MtnMax-initiated surcharges and fees, administrative or reactivation fees, a paper billing fee (if you choose to receive a paper bill), or other cost recovery assessments, interest on past due balances, returned payment fees, ETFs, equipment charges and fees and other nonrecurring or recurring charges) and you agree to pay such other charges by credit card or an electronic payment account. You will also be responsible for payment of technician service charges for visits by MtnMax or its subcontractors to your premises when a service request results from causes not attributable to MtnMax. It is your responsibility to review your bill carefully and contact MtnMax within thirty (30) days after receiving it if there are any charges you dispute or that are inconsistent with the information provided to you at the time you placed an order for Service. Unless otherwise prohibited by law or guaranteed by a Price Protection Plan (PPP) with MtnMax, MtnMax may, at any time and in its sole discretion, change or modify the monthly rates, fees and surcharges you are billed for Services, including any additional charges or fees for equipment. We may notify you of any such changes by posting notice on the MtnMax website, by sending notice via e-mail or postal mail, or by a bill message or insert or as described in the Notices section, below. Continuing to use the Service after notice of a change is acceptance of the change. If you do not agree to the change made by MtnMax, you must stop using the Service and notify MtnMax. The waiver of any fees or charges is at our discretion.
MtnMax will bill you monthly or quarterly (depending upon the payment period identified at Service initiation) for all charges associated with the Service. The credit card or electronic payment account associated with your MtnMax account will be charged on the first day of each month or quarter, as applicable. Payment in full is due no later than the due date indicated on your bill. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with these Services. MtnMax may, in its sole discretion, retroactively bill you for Services, taxes and other fees and charges if it determines the prior billing was missed, incomplete or incorrect. No additional notice or consent is required before we invoice the credit card or electronic payment account for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being “payment in full” or as being settlement of any dispute without losing any of our rights under this Agreement. You agree MtnMax may charge you a convenience fee associated with a customer service representative processing your payment. A $10.00 check processing fee will be charged to residential customers who pay by paper check. A reasonable handling charge, up to $35.00 depending on the state in which you subscribe to Service, will be assessed for all checks returned for insufficient funds, closed account, or any other insufficiency or discrepancy. A charge of $10.00 will be assessed for late payments. In addition, a late payment fee at the rate of 1.5% per month or the highest rate allowed by law may be applied to any unpaid amount after the payment due date. This late payment fee will be in addition to and not in lieu of any other remedies we may have hereunder or under the law. If we do not receive notice of a payment dispute within thirty (30) days after your receipt of a bill, the bill will not be subject to further challenge by you.
MtnMax may evaluate your credit history before modifying or providing you Service. In order to establish an account with us and/or obtain or modify the Service, you hereby authorize us to obtain a report from a consumer credit agency and to exchange information with others in connection with determining your creditworthiness. MtnMax or its agents may report information about your Service account, including unpaid balances, to credit bureaus. If you are late or delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to consumer credit reporting agencies. Late payments, missed payments or other defaults on your account may be reflected in your credit report. We may also charge you a reactivation fee or decline to reinstate Service if Service is suspended or terminated. In the event we utilize a collection agency or resort to legal action to recover an unpaid balance, you agree to reimburse us for all expenses incurred to recover such unpaid balance, including reasonable attorneys’ fees and costs. You expressly authorize, and specifically consent to allowing, MtnMax and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by MtnMax to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to MtnMax.
You authorize MtnMax to use outside payment processing agencies or other companies for purposes of paying any refund owed to you. You agree that we or the outside payment processing agency or other company that is responsible for your refund may determine in our or, if applicable, their sole and absolute discretion the form of any refund that we issue to you under this Agreement, and such form may include a credit on your next statement, a check, or a prepaid debit card.
Some customers may receive the Services through a special arrangement with their property owner, property manager or association. If you have such an arrangement, this Agreement shall apply to the Services, except that MtnMax may not directly charge you for the Services provided to you as part of the special arrangement. You will be responsible for fees and charges associated with additional Service orders. You may also have an additional agreement or contract with your property owner, property manager or association that covers any special arrangement. Any such additional agreement or contract is outside the terms of this Agreement and MtnMax is not responsible for nor bound by the terms of any agreement you may have with your property owner, property manager or association.
The Services provided hereunder are exclusive of all other telecommunications services which may be required to establish connection from MtnMax to you. Any charges imposed for the use of the “Internet”, including any federal, state or local taxes shall be paid directly by or passed through to you.
You may need to set up one or more accounts (“MtnMax Account” or “Account”) in order to purchase or use products and Services. You are responsible for ensuring that any information you provide us in connection with your MtnMax services, including contact information and billing information, is accurate and remains current. You are responsible for any activity that occurs on or through your MtnMax Accounts. MtnMax shall issue one or more passwords to you that you must use in order to gain access to the Services. You are responsible for the protection of the password(s). We do not guarantee the security of your Accounts, and you are responsible to ensure that your credentials for accessing or using your Accounts, such as your passwords, personal identification numbers, social security number, or other personal information are secure. If you learn of any unauthorized use of any MtnMax Account for any MtnMax Service, please contact us immediately.
All use of the Service must be lawful. You agree not to use or to allow others to use the Service for illegal or inappropriate activities, including but not limited to: invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. Customers may not retransmit the Service or make the Service available to anyone outside the premises (i.e. Wi-Fi or other methods of networking). Customers may not use the Service to host any type of commercial server.
Your use of the Service is subject to MtnMax’s Acceptable Use Policy (AUP), posted at http://mtnmax.net/policy. You agree to comply with these policies, which MtnMax may modify at any time. In addition, customers must comply with all MtnMax network, bandwidth, data storage and usage guidelines in this Agreement and MtnMax’s policies. Customers whose use of the Service violates any of the provisions of the Agreement or MtnMax’s policies may have their Service terminated without notice. MtnMax, at its sole discretion, may suspend, terminate or apply additional charges to the Service if Service usage by the Customer is determined, by the Company, to be excessive or abusive in any manner. Further, with the rise in spam, viruses and other instances of malware found on the Internet, MtnMax reserves the right to restrict or block known ports that in the past have allowed for the transfer of spam, viruses, and other malware.
MtnMax is proud to offer the best technical support services in its market area. Such technical support, however, must be limited to internet connection issues or to issues relating to equipment supplied by and owned by MtnMax. MtnMax should not be looked upon as a troubleshooter for any problems you are having with your computer or network system. If you have problems with your computer equipment, software, network or any items not related to the internet access connection provided by MtnMax, you should refer to consultants of your choice, but not to MtnMax.
MtnMax provides internet access and related services only. MtnMax will provide limited setup and installation services in order to establish the Service to which you have subscribed. MtnMax is not currently offering other Information Technology (“IT”) services or consultations (“IT Consultancy Services”). If IT Consultancy Services are required by you, MtnMax can recommend one or more IT Consultants. However, any IT Consultant utilized by you are by separate arrangement between you and such IT Consultant. You will incur separate charges for work undertaken by the IT Consultant, and you should expect to receive a statement of charges from the IT Consultant which charges are separate from any charges imposed by MtnMax. IT Consultants are independent contractors for whom MtnMax has no responsibility.
If you intend to deploy the Service over a LAN or WAN, you acknowledge that the access speed of the Service will degrade if too many users are utilizing the Service at any one time. If you experience such degradation, you should consider subscribing to a Service level with greater bandwidth. Please contact a MtnMax service representative to discuss an increase in Service level.
You are responsible for the security of your computer, hardware, software applications, data and files. MtnMax shall not be liable for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or that you download using the Service does not contain a virus or other harmful feature, and it is your sole responsibility to take appropriate precautions to protect your computer and all other personal equipment, software and hardware from damage to their software, files or data as a result of any such virus or other harmful feature.
You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data.
YOU AGREE THAT MTNMAX IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA, REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON MTNMAX’S OR ANY THIRD PARTY’S SERVERS.
Wi-Fi Service and access to Service using a Wi-Fi radio, wireless modem or router or Wi-Fi hotspots is provided over wireless radio waves, which means that your transmissions could be intercepted by unauthorized persons. If you are in a public area or using wireless access, others may be able to view the content on your device. You assume all risk and release MtnMax in the event of any damage you may suffer during use of Wi-Fi Service or Service using a wireless modem, router or equipment, including the introduction of any viruses that may occur or breaches from unauthorized third parties.
MtnMax collects information about how you use our products and services along with information collected by or about your devices and equipment. This information may include the websites you visit, information about the devices you use in connection with our services, your bandwidth usage, and your TV and other video viewership, including movie rental and purchase data. MtnMax uses your information, together with the information from testing and running our network, to support our services and to improve your experiences. MtnMax will employ industry standard measures designed to guard to confidentiality of information passing through your facilities. MtnMax reserves the right to view confidential information in connection with MtnMax’s system maintenance operations or if necessary to troubleshoot or correct any problems with MtnMax’s facilities. MtnMax will not voluntarily disclose any confidential information, but will comply with lawful orders for the production of such information.
Although unlikely, it is possible that information intended for others will be inadvertently directed to you. You agree to treat any such information as privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you understand and agree that any dissemination, distribution, copying, reading or use of such information is strictly prohibited. You further agree to notify MtnMax or the intended recipient immediately if any such information is received by you.
We may assign telephone numbers in connection with the service subscribed to. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you.
All CIDR network numbers that may be required for the Service(s) shall be provided solely by MtnMax. If Service(s) are cancelled or terminated all CIDR numbers must be returned to MtnMax for reallocation to other Customers and will not be available for continued use by you.
If your Service or equipment is lost, stolen, accessed by a third party or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports). You acknowledge and agree that if you are using a static IP address for an Email Server maintained by you without a “firewall”, such Email Server may be accessible to unauthorized outsiders. You are advised either (i) to contact your IT Consultant about installing a “firewall” or (ii) about using dynamically assigned IP addresses and/or establishing an Email redundancy capability.
MtnMax may provide you, for a fee or at no charge, software for use in connection with the Service that is owned by MtnMax or its third-party licensors, providers and suppliers (“Software”). We reserve the right to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on your computer or equipment, and you agree to permit such changes and access to your computer and equipment at any time. You must use the Software only in connection with the Service and for no other purpose. Certain Software may be accompanied by an end user license agreement (“EULA”) from MtnMax or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You must not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.
MtnMax reserves the right to modify, discontinue or terminate the Service (including monthly rates and other charges) and any function or feature of Service, for any reason and either temporarily or permanently. This may include modifying or replacing the cable, network configuration or equipment used to provide you with Service and may include discontinuing or terminating Your Service entirely. The right to modify, discontinue or terminate the Service also includes the right to not repair the cable, network configuration or equipment used to provide you with Service. If MtnMax makes a change that would have a material impact on your Service, MtnMax will give you notice as provided in the NOTICE section below. The terms and conditions for changes, if any, will be included in the notice and will be automatically incorporated by reference to this Agreement at: MtnMax.net/terms/. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of the changes and the associated terms and conditions. In lieu of notice and Web site posting, MtnMax may instead, at its sole discretion, require customers to enter into an agreement with MtnMax regarding temporary material changes.
We may also discontinue or terminate Service if: you do not honor any provision of this Agreement (including payment obligations to MtnMax for these or any other MtnMax services); you use the Service in a manner that adversely affects other customers or harasses our customers or employees; you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so; or any regulatory agency, legislative body or court restricts or otherwise prevents MtnMax from furnishing the Service.
Unless otherwise required by applicable law, your termination of Service may be effective on the last day of your MtnMax billing cycle for all applicable Services, and you are responsible for all charges incurred through the date of termination. Installation, setup, dispatch, repair or fees billed or paid at the initiation of or during the term of Your Service, if any, are not refundable. Termination of Service by us will be effective as provided in our notice to you. Upon termination for any reason, you will be responsible for payment of all outstanding account balances and fees accrued through the date of termination. If a termination is a result of violation by you of the terms of this Agreement, you may also be liable to pay the applicable disconnection or ETF charge. If your Service is terminated for any reason, you must return any MtnMax equipment within thirty (30) days of such termination or pay a $150.00 hardware fee. You may be required to pay a reconnection fee before Services is reactivated.
You may terminate the Service by giving written notice to the address provided in the Notice section below or contacting MtnMax Customer Service if we do not remedy any ongoing breach of the terms and conditions in this Agreement within thirty (30) days after MtnMax’s receipt of notice from you of such alleged breach.
To the extent permitted by applicable law, your exclusive remedy for a breach by MtnMax is (i) termination of service by you, and/or (ii) a credit or refund of the charges you paid after providing notice to MtnMax of the alleged breach or any other dispute, but not to exceed charges for thirty (30) days. If you fail to provide MtnMax with notice and an opportunity to cure, to the extent permitted by applicable law, termination of service by you is your exclusive remedy for any breach by MtnMax.
You agree that if your Service is terminated for any reason, MtnMax has the right to immediately delete all data, files and other information (including any email, address book and/or web storage content) stored in or for your account without further notice to you.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY MTNMAX (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), MTNMAX (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY, THE “MTNMAX PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON- INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY MTNMAX OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
MTNMAX DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVIDED OR PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF MTNMAX HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF THE CABLES AND OTHER FACILITIES CONNECTING TO YOUR LOCATION, YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.
MTNMAX DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY MTNMAX WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, WITHOUT LATENCY, ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. MTNMAX SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL THE MTNMAX PARTIES OR MTNMAX’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF MTNMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
THE LIABILITY OF THE MTNMAX PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSOR$, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO MTNMAX FOR THE SERVICE DURING THE THIRTY (30) DAY PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION.
ALL OF THE FOREGOING LIMITATIONS STATED IN THIS SECTION SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO MTNMAX’S THIRD-PARTY LICENSOR$, PROVIDERS AND SUPPLIERS, AS INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAV NOT APPLV TO YOU.
In the event of any substantial Service interruption, MtnMax will provide an additional day of service at the end of the stated term for each day within which the problem is experienced by you for (4) consecutive hours. This is the sole remedy available to you for Service interruptions.
You agree to defend, indemnify and hold harmless the MtnMax Parties against all liabilities, costs and expenses, including reasonable attorneys and experts fees, related to or arising from your use of the Service (or the use of your Service by anyone else): (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with your use of the Service.
***PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS***
In the event of a breach or a threatened breach of any covenant contained herein by you, you consent and hereby submit to the jurisdiction of the courts located in Flathead County, Montana, and acknowledge that venue shall be proper in said court, or any other court and/or venue used by MtnMax in order to seek a restraining order and injunction restraining the breach or threatened breach of any covenant contained herein or any order of mandatory compliance with the terms of this Agreement. You acknowledge and agree that monetary damages may not adequately compensate MtnMax for a breach or threatened breach of this Agreement, and further agree that MtnMax shall be entitled to any and all remedies whether at law or in equity including the recovery of damages for breach or threatened breach of any covenant contained herein. Further, you hereby consent to the entry of such a restraining order or injunction and agree not to assert any defenses to the entry thereof, including, but not limited to, the defense that an adequate remedy at law exists.
This Agreement, including all Policies referred to herein, constitutes the entire agreement between you and MtnMax with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in writing signed by an authorized person at MtnMax.
If any provision of this Agreement is found by a court or agency of competent jurisdiction to be unenforceable, the parties nevertheless agree that the remaining provisions of these terms and conditions shall remain in full force and effect.
All obligations under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Warranties and Limitation of Liability and Indemnification shall survive such termination.
Except as expressly set forth in this Agreement, this Agreement shall not provide any third party with a remedy, claim or right of reimbursement. We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
MtnMax’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future.
To the fullest extent permitted by law, you and MtnMax agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles and paragraph headings in this Agreement are for convenience only and have no legal or contractual effect.
UNLESS OTHERWISE PROHIBITED BY LAW, MTNMAX MAY CHANGE THE TERMS AND CONDITIONS OF YOUR SERVICE, INCLUDING BY ADDING ENTIRELY NEW TERMS OR DELETING EXISTING TERMS, AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY BILL MESSAGE, BILL INSERT, E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THE WWW.MTNMAX.NET WEBSITE. YOU ACCEPT THE CHANGES IF YOU PAY FOR OR USE THE SERVICES AFTER NOTICE IS PROVIDED. IF YOU DO NOT ACCEPT THE CHANGES, PLEASE CONTACT US BEFORE THE EFFECTIVE DATE OF THE CHANGES SO THAT WE MAY TERMINATE YOUR SERVICES AND WAIVE ANY APPLICABLE EARLY TERMINATION FEES.
Unless otherwise specified in this Agreement, notices to you may be made via email, regular mail, recorded announcements, or messages, bill message, bill insert, newspaper ad, postcard, letter, text or call to your billed telephone number or any other landline or wireless telephone number you have provided to MtnMax. It is your responsibility to provide us with current email, phone number and address and other contact information, and to check for such notices regularly. If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication. Bill messages and inserts are one way we share information with you. If you have online billing, you are deemed to have received those notices when your online bill is available for viewing. If you get a paper bill, you are deemed to have received those notices three days after we mail the bill to you.
Notices required under this Agreement by you must be provided to MtnMax at:
ATTN: Accounts
568 Franklin Way, Kalispell, MT 59901
Fax: (406) 257-0438
Notice by you to MtnMax shall be deemed given upon receipt by MtnMax.