These Rise @Home Terms of Service (these “Service Terms”) are provided to you (“Customer”) in connection with the Rise @Home service plan (the “Services”) that Customer has purchased. This Agreement is a legal contract between Customer and Skybeam, LLC d/b/a Rise Broadband (“Rise Broadband”) and comprises the entire agreement between Customer and Rise Broadband with respect to the Services.
BY USING THE SERVICES, CUSTOMER REPRESENTS THAT CUSTOMER HAS READ AND FULLY UNDERSTANDS THESE SERVICE TERMS AND IS OF LEGAL AGE TO AGREE TO THESE SERVICE TERMS.
DESCRIPTION OF SERVICE
Rise Broadband offers three different plans as part of the Services: (1) RiseSupport, (2) RiseProtect, and (3) RiseSecure. Each plan provides a different set of features and services. Depending on which Service plan a Customer purchases, Customer shall be eligible to receive some or all of the following services:
- 24/7/365 home network support and coverage
- Computer health check and tune-up
- Help with Installing or upgrading Software including Windows or Mac OS*, Drivers, Office, Adobe, etc.**
- Network troubleshooting
- Hardware and software troubleshooting
- Configuration and troubleshooting of network peripherals (e.g. printers, monitors, etc.)
- Installation support and troubleshooting of IoT devices (e.g. smart security cameras, thermostats, Wi-Fi connected appliances, etc.)
- Support and troubleshooting for video streaming devices (e.g. Smart TV, Roku, Apple TV, etc.)
- All Services included under the RiseSupport Service Plan
- On-demand malware scan and virus removal
- All Services included under the RiseProtect Service Plan
- Ongoing and automatic protection from outside threats
- Antivirus software
- Real-time removal of viruses as needed
*Only includes Windows & Mac OS.
**This service includes support for customer-purchased software and file programs. The programs themselves are not included and will need to be purchased independently.
All Services will be provided to Customer via telephone and/or remote access to Customer’s devices. In-person support is not included as part of the Services. Service is limited to five (5) eligible devices owned by Customer. Eligible devices include any Wi-Fi connected technology (e.g. computers, tablets, and smart devices). Customer acknowledges and agrees that Rise Broadband may use one or more third-party service providers to provide the Services to Customer.
PRICING & PAYMENT
All Service plans are offered as monthly, recurring subscription services. Customer will be charged for the Services plan Customer has subscribed to at the beginning of each month until Customer or Rise Broadband terminates the subscription to the Services plan pursuant to Section 11 of these Service Terms. If Customer has provided credit or debit card information as a means of payment, Rise Broadband will automatically charge Customer’s card for the Services in advance at the beginning of each month. All charges for the Services will be detailed on Customer’s monthly invoice from Rise Broadband. All monthly charges will be prorated based on the date Customers purchases the Services.
Customers can find current charges and fees for the Services on Rise Broadband’s website or by clicking on the following link Rise @Home Service Plans. Rise Broadband may change the charges and fees for the Services, or add new charges and fees for the Services, by providing advance notice of such changes or additions to Customer. Unless stated in writing otherwise, all prices, charges, and fees are nonrefundable.
MODIFICATIONS TO SERVICES AND THESE TERMS OF SERVICE
Rise Broadband may change the offered Services and/or these Service Terms from time to time. Rise Broadband will notify Customer of any changes to the Services and/or these Service Terms by posting the changes to https://www.risebroadband.com/legal/. Customer is responsible for regularly reviewing the notices posted at https://www.risebroadband.com/legal/ to stay up to date with any such changes. Rise Broadband reserves the right to discontinue the Services at any time with or without notice to the Customer. Rise Broadband shall not be liable to Customer or any third party for any damages or liabilities arising out of the discontinuance or modifications of the Services or these Service Terms. Customer’s continued use of the Services constitutes an affirmative agreement by Customer to abide and be bound by these Service Terms, as modified by the posted changes.
CUSTOMER’S RESPONSIBILITY TO BACK-UP DATA & MONITOR ACCESS TO CUSTOMER’S ACCOUNT
Customer agrees that prior to Rise Broadband performing the Services, it is Customer’s responsibility to (1) backup all data, software, information or other files stored on Customer’s devices; and (2) remove all forms of media, such as DVDs, flash drives, and memory cards, from Customer’s devices. Customer agrees that neither Rise Broadband nor its agents or subcontractors shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, content, or other media stored on Customer’s devices. Customer is responsible for monitoring access to Customer’s account and keeping all passwords and access keys private and secure. Customer shall be solely responsible for any actions, damages, or costs incurred via its account, regardless of who is using that account.
LIMITATIONS TO SERVICE
Rise Broadband shall not be liable for any failure or delay in its performance of the Services due to any cause beyond its control. Rise Broadband may not be able to support all software, hardware or Internet-related products, applications or features, and Rise Broadband and its agents and subcontractors reserve the right to defer support issues to equipment or software vendors. In the event Rise Broadband is unable to resolve a technical issue, Rise Broadband may utilize an escalation path or assistance from the manufacturer of the device or software to ensure resolution for the Customer. The Services are not intended to replace the more advanced technical support that may be available from hardware or software manufacturers, nor is it intended to provide training in hardware or software usage. Rise Broadband reserves the right to refrain from providing any or all of the Services at any given time and instead refund Customer’s payment, wholly or in part, on the basis that the minimum system requirements are not met or the technical needs (including wiring or overcoming physical or technical barriers) or other requirements of the Customer are unusual or extensive and beyond the scope of the Services, as determined by Rise Broadband.
CUSTOMER DEVICE ACCESS AUTHORIZATION AND SOFTWARE
In order to provide the Services, Rise Broadband may need to connect to and remotely access and take control of a Customer’s devices, make changes to Customer’s device settings, download, install, and use software on Customer’s devices to gather system data, make repairs, and troubleshoot issues. Customer hereby authorizes Rise Broadband and its affiliates and their respective employees, contractors and agents the right to connect to, remotely access and control Customer’s devices, to download, install and use software, gather system data, access or modify Customer’s device settings. Furthermore, Customer authorizes Rise Broadband, and its agents and subcontractors, to accept any End User License Agreements on Customer’s behalf for software used to perform the Services.
DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RISE BROADBAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RISE BROADBAND MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RISE BROADBAND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM RISE BROADBAND OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
RISE BROADBAND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF RISE BROADBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY, RISE BROADBAND’ S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATED TO RISE BROADBAND PROVIDING THE SERVICES UNDER THESE SERVICE TERMS SHALL BE LIMITED TO THE SUMS PAID BY CUSTOMER TO RISE BROADBAND FOR THE SERVICES DURING THE THREE MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.
Customer agrees to indemnify, defend, and hold harmless Rise Broadband (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, liabilities, damages, actions, suits, causes of action, claims, demands, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys’ fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Rise Broadband by reason of, or arising from: (a) Customer’s breach of these Service Terms; (b) Customer’s actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person; (c) Customer’s failure to comply with applicable laws, regulations or ordinances; or (d) the acts or omissions of Customer.
Customer’s subscription to the Services may be terminated by Customer or Rise Broadband for any reason effective at the end of a calendar month by providing written notice to the other party at least thirty (30) days prior to the requested termination date. Upon termination of the Services, Customer’s right to use the Services immediately ceases. Customer shall have no rights and Rise Broadband will have no obligations regarding the Services thereafter. Customer shall remain responsible for any unpaid amounts due for Services rendered through the date of termination.
CUSTOMER AND RISE BROADBAND AGREE TO USE THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THIS SECTION 12 WITH RESPECT TO ANY CONTROVERSY, DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE SERVICE TERMS, except that Rise Broadband may elect to litigate the following types of controversies or claims: (i) action seeking a temporary restraining order or injunction, (ii) a suit to compel compliance with this dispute resolution process, (iii) Customer’s non-compliance with publicity provisions, or (iv) billing or payment disputes or collections matters.
Customer and Rise Broadband agree to arbitrate all disputes and claims between them including, but not limited to: claims arising out of or relating to any aspect of the relationship between Customer and Rise Broadband, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class and claims that may arise after the termination of these Service Terms. For the purposes of this Section 12, references to Customer include Customer’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized users or unauthorized users or beneficiaries of the Services. CUSTOMER AGREES THAT CUSTOMER AND RISE BROADBAND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Rise Broadband must be addressed to Rise Broadband at 61 Inverness Drive East, Suite 250, Englewood, CO 80112. An Arbitration Notice to Customer must be addressed to Customer at Customer’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Customer and Rise Broadband do not reach an agreement to resolve the claim within 60 calendar days after the Arbitration Notice is received, Customer or Rise Broadband may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Rise Broadband or Customer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or Rise Broadband is entitled.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Service Terms, and shall be administered by the AAA. The arbitrator shall be bound by these Service Terms. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Customer and Rise Broadband agree otherwise, any arbitration hearings shall take place in Arapahoe County, Colorado. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. CUSTOMER AND RISE BROADBAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and Rise Broadband agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding any provision in these Service Terms to the contrary, Customer and Rise Broadband agree that if Rise Broadband makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Customer may reject any such change by sending Rise Broadband written notice within 30 days of the change. By rejecting any future change, Customer agrees that Customer will arbitrate any dispute between Customer and Rise Broadband in accordance with the language of this provision.
These Service Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflict of law provisions. Customer and Rise Broadband agree to submit to the exclusive jurisdiction of the courts in Arapahoe County, Colorado. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Customer and Rise Broadband agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Rise Broadband, its agent or subcontractor may call Customer from time to time at the phone number Customer provides as part of its delivery of the Services. Calls may be live or pre-recorded and made via automated dialing systems. Voice and Data rates may apply.
REVISED: April 17, 2020