Terms of Service
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AND CLASS ACTION RELEASE. Please read this carefully. It affects your rights. ANY DISPUTE OR CLAIM CONNECTED IN ANY WAY TO YOUR USE OF TVBROADBANDNOW SERVICES WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN COURT
1. Purpose
These Terms Of Service, sometimes referred to hereinafter as the "Terms Of Service" or "Terms," along with our Privacy Policy, describe the conditions under which You ("You," "you," "your," "user") may use this website (the "Site") and by which TVBroadbandNow, L.L.C., our affiliates, and all of our brand names and branded services (collectively "TVBroadbandNow," "we," "our," "us") deliver our services ("Services" or "services") to You (collectively, the "Agreement"). Please read this page carefully. By using this Site and our Services and consenting, where required by law, to receive mobile marketing texts and calls, You consent to be bound by all of the Terms set forth herein. If You do not accept these Terms Of Service, please do not use this Site or the Services.
2. Copyright
All Site Content is protected by United States copyright law. No license to use Site Content is granted herein. Users may view and download a single copy of Site Content solely for noncommercial personal use. Any other use of Site Content, including reproduction, modification, distribution, or public display, is strictly prohibited. Users must hold all copyright and proprietary notices on any copy of Site Content. We keep exclusive ownership of all intellectual property rights in Site Content.
3. Trademark
Unless otherwise noted, the trademarks, names, and logos displayed on the Site belong to TVBroadbandNow or are licensed to them. Unless provided for in these Terms Of Service, you are strictly prohibited from using these marks. Occasionally, we may make fair use of third-party trademarks on this Site that we do not claim ownership of.
4. User Submissions
We welcome Your reviews and comments. However, you acknowledge that we welcome your reviews and comments. However, by submitting any reviews, comments, suggestions, ideas, notes, concepts, or other information (collectively, "Information") to us, you grant us an irrevocable, perpetual, worldwide, royalty-free license to use, modify, publish, or delete the Information for any reason whatsoever without compensation to you. We assume no liability for reviews or comments posted by users on the Site. You are solely responsible for the content of your communications. Therefore, do not do any of the following things:
- transmit to us any material that is copyrighted unless you are the owner of the copyright or have received permission from the owner;
- send any material that reveals trade secrets unless you own them or have permission from the owner;
- refrain from sending any material that infringes on the intellectual property rights, privacy, or publicity rights of others;
- send any material that is obscene, libelous, threatening, harassing, abusive, odious, or embarrassing to any other user or person/entity;
- intentionally or unintentionally violate any local, state, or federal laws or encourage others to do so;
- attempt to harm the security of the Site;
- send advertisements or requests of business;
- send chain letters or pyramid schemes, or
- portray another person.
If you violate these Terms Of Service or the law, we have the right to expel you and prevent you from accessing this Site. Your violation of any of these Terms Of Service will immediately revoke your right to access or use the Site or Site Content. You must also destroy any copies of the Site Content you possess. The customer reviews on this Site come directly from former or current home services customers and are not paid for.
We publish full and complete reviews without alteration, except to remove personally-identifying information. We may choose not to publish reviews containing inappropriate or irrelevant content, and we are not responsible for any reviews or comments posted on this Site. The opinions, views, or commentary expressed in the testimonials on this Site are strictly those of the reviewer and do not represent our views.
5. Product and Service RankingsThe Site contains a forum to access product and service recommendations through its rankings. These rankings are provided for your convenience and represent the Site's opinion based on subjective and objective criteria. Please conduct your own research before engaging any company, regardless of their listing. The Site, including its members, managers, officers, directors, employees, or affiliates, cannot be held liable for any statements, representations, errors, omissions, descriptions, comments, or opinions posted. The Site makes no representation or warranties as to the accuracy or factual basis of the Rankings.
The rankings are updated weekly, but the evaluation process is continually developing and subject to change. The Site is a private company and receives compensation from several companies it ranks. Information on this Site is for general educational and informational purposes and is not meant to be legal or provide other professional advice, recommendations, or services.
The information provided on this Site is intended for general knowledge and data purposes only, and does not constitute professional advice. Users should not rely on the information presented on this Site as a substitute for consultation with qualified professionals to address their particular circumstances.
The Site disclaims all liability for any errors or faults in the content of this Site. While efforts have been made to ensure the preciseness and reliability of the information provided, the Site makes no warranties or representations, express or implied, as to the correctness, sufficiency, or completeness thereof.
The Site has no authority and does not warrant by any means that prices, taxes, products, or descriptions delivered by sellers, service providers, or other third parties, or any other content on this Site are accurate, complete, reliable, current, or error-free. The Site does not have any obligation for, or liability related to, any products/services listed on this Site. The Site does not promote or guarantee the accuracy, integrity, or reliability of any information provided by third-party sellers or service providers. Users accept all risks associated with relying on such information. The Site bears no liability for any decisions or actions taken by users or authorized third parties based on information obtained from the Site. The Site reserves the right to modify or remove content without notice.
6. Limitation of LiabilityPLEASE NOTE THAT TVBROADBANDNOW CANNOT GUARANTEE THAT THE SITE, SITE CONTENT, OR SERVICES WILL OPERATE WITHOUT ERROR OR BE FREE FROM HARMFUL COMPUTER VIRUSES OR OTHER MATERIALS. IF USING THE SITE, SITE CONTENT, OR SERVICES RESULTS IN ANY COSTS OR EXPENSES, INCLUDING THE NEED FOR EQUIPMENT OR DATA REPLACEMENT, OR SERVICING, TVBroadbandNow IS NOT RESPONSIBLE FOR THESE EXPENSES. PLEASE BE AWARE THAT THE SITE, SITE CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND AT YOUR OWN RISK, WITHOUT ANY WARRANTIES OF ANY KIND. TVBROADBANDNOW, TO THE FULLEST EXTENT AUTHORIZED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF COMMERCIALLY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PLEASE NOTE THAT WE AIM TO PROVIDE ACCURATE AND THOROUGH MATERIALS ON OUR SITE, BUT WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, INTEGRITY, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS
7. Disclaimer of Consequential DamagesTVBROADBANDNOW, ITS AFFILIATES, AND ANY THIRD PARTIES REFERENCED ON THIS SITE OR WITHIN ITS SERVICES SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR THOSE RESULTING FROM DATA LOSS OR BUSINESS INTERRUPTION. THIS LIMITATION APPLIES REGARDLESS OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHERWISE, AND IRRESPECTIVE OF OUR KNOWLEDGE OF THE POTENTIAL FOR SUCH DAMAGES. THIS DISCLAIMER ENCOMPASSES THE USE OR INABILITY TO USE MATERIALS, ADVICE, GUIDANCE, OR SERVICES PROVIDED ON THIS SITE (OR LINKED SITES) AND THROUGH THE SERVICES.
8. LinksThis website and its services feature links to websites owned by third parties. The provided links are furnished for informational purposes solely and do not constitute an endorsement or approval of the content contained therein of any linked sites, and do not make any representations about the accuracy or content of materials on those sites. If you select to visit any third-party sites using links from this site or our services, you do so at your own risk.
9. IndemnityYou agree to fully indemnify, defend, and hold harmless TVBroadbandNow and its affiliates from and against any and all liabilities, claims, damages, losses, costs, or expenses, including rational attorneys’ fees, arising out of or in connection with your use of the Site, Site Content, or Services, or your breach of these Terms Of Service. TVBroadbandNow reserves the right, at its own expenditure, to assume the exclusive protection and control of any matter subject to indemnification hereunder, and you agree to cooperate with TVBroadbandNow in asserting any available defenses.
10. SEVERABILITYIF ANY PART OF THIS AGREEMENT IS NOT ALLOWED OR CANNOT BE ENFORCED IN A CERTAIN AREA, IT WILL ONLY BE INEFFECTIVE IN THAT SPECIFIC AREA WITHOUT AFFECTING THE REST OF THE AGREEMENT. ADDITIONALLY, ANY ISSUES WITH THE ENFORCEABILITY OF A PROVISION IN ONE AREA WILL NOT AFFECT ITS ENFORCEABILITY IN ANY OTHER AREA.
11. TELEMARKETING AND EMAIL CONSENTWHEN YOU USE THIS WEBSITE OR OUR SERVICES AND PROVIDE YOUR EMAIL OR PHONE NUMBER, YOU AND ANY OTHER USER OF THOSE CONTACT INFORMATION AGREE TO RECEIVE MARKETING EMAILS, PHONE CALLS, AND SMS MESSAGES THROUGH AUTOMATED TECHNOLOGY, AS WELL AS PRE-RECORDED AND ARTIFICIAL VOICE MESSAGES FROM TVBROADBANDNOW, ITS AFFILIATES, AND ITS BRANDED SERVICES AT THE PROVIDED EMAIL AND PHONE NUMBERS. YOUR CONSENT IS NOT NECESSARY FOR MAKING PURCHASES. BY USING OUR SERVICES, YOU ALSO ACCEPT OUR Terms Of Service AND OUR PRIVACY POLICY.
12. GOVERNING LAW AND JURISDICTIONThe rules and regulations outlined in this agreement and any disagreements or complaints related to it, including those that are not contractual, are subject to the laws of the State of Texas. The state or federal courts in Houston, Texas, will be the only places where any disputes related to this agreement can be resolved. No waiver of any of these conditions will be considered as a waiver of any other terms.
13. ENTIRE AGREEMENTThese Terms Of Service govern Your use of this Site and constitute the complete agreement between You and Us, except for any other agreements that may be expressly provided elsewhere on our Site. Any prior agreements regarding this subject matter are superseded by these Terms Of Service.
14. CHANGE TO THE TERMS OF SERVICEThese Terms Of Service may be changed at any time, with or without notice, at our discretion. By continuing to use our Site or Service or by not withdrawing your consent to receive marketing messages, you agree to these modified Terms. If there are significant changes, we will notify you if required by law. We may notify you by email, posting on our websites, or other methods consistent with the law.
15. BINDING ARBITRATION, CLASS ACTION WAIVERPLEASE TAKE NOTE THAT THIS AGREEMENT STATES THAT IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND US, THEY WILL BE RESOLVED THROUGH BINDING ARBITRATION AND NOT THROUGH THE COURT SYSTEM OR A JURY TRIAL. BY AGREEING TO THIS, YOU ARE GIVING UP YOUR RIGHT TO ACT AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING THE RIGHT TO CLASS ARBITRATION OR THE CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. THIS IS IN ACCORDANCE WITH THE FULLEST EXTENT PERMITTED BY LAW.
This Arbitration Agreement encompasses all claims, disputes, or controversies arising from or relating to the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statutory, regulatory, common law, or equitable right or duty. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., governs the rendition and enforcement of this Agreement. ("F.A.A.") applies to this agreement and will dictate whether a dispute is subject to arbitration. The American Arbitration Association's Consumer Arbitration Rules will be followed unless you and we agree otherwise in writing. The arbitrator(s) must abide by the terms and limitations in this agreement and may accord damages and relief (including attorneys' fees) authorized by law and/or the A.A.A.'s Rules. The arbitration judgment and award are final and binding, with some exceptions under the F.A.A. judgment on the award may be entered in any court of competent jurisdiction.
IT IS IMPORTANT TO NOTE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE BOTH WAIVING OUR RIGHT TO A TRIAL BY JURY AND THE RIGHT TO CONTRIBUTE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. This agreement does not permit class arbitrations, even if the procedures or rules of the A.A.A. would allow it. The Arbitrator shall not merge the claims of multiple parties and may not conduct any representative or collective proceeding. Notwithstanding the provisions of Section 10 (Severability), if any portion of this Section 15 is determined to be illegal, invalid, or binding, such portion shall be severed as long as of such invalidity or unenforceability without affecting the enforceability of the remaining provisions. To the greatest extent permitted by law, the invalid or unenforceable provision shall be considered replaced by a valid and binding provision that most closely approximates the original intent.
16. MOBILE MARKETING TERMSSection 15 of these Mobile Marketing Terms outlines the process for subscribing to receive marketing texts and calls from TVBroadbandNow and its affiliates. To opt in, you must provide prior express written consent through a text message or online form.
You may receive these messages from TVBroadbandNow, its affiliates, and associated brands, and they may be sent using an automatic telephone dialing system. Although consent to receive automated marketing text messages is not a condition of purchase, message frequency may vary, and TVBroadbandNow reserves the right to change the repetition of messages sent at any time.