Terms and Conditions
In this Agreement, “we,” “us,” “our,” or “PEGASAT” refer to PEGASAT LLC, and its affiliates. “You,” “your,” “customer,” or “user” refer to an account holder or user of record with us.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE TO ENSURE THAT YOU UNDERSTAND EACH PROVISION OF THE FOLLOWING TERMS AND CONDITIONS CONTAINED HEREIN. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PEGASAT. The collective work includes works that are licensed to PEGASAT. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PEGASAT or purchasing PEGASAT products and services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PEGASAT or to purchase products and services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PEGASAT in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of PEGASAT used in the site are trademarks or registered trademarks of PEGASAT. All other trademarks, service marks and trade names displayed on this website are the property of the respective owners of those trademarks, service marks and trade names.
Limitation of Liability
PEGASAT shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PEGASAT has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your General Use
Your use of the website confirms your acceptance of these terms and conditions and your agreement to be bound by them. If you do not accept these terms and conditions, do not use this website. In the event of a violation of these terms and conditions, this website reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this website at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these terms and conditions by updating this posting. You should visit this page from time to time to review the then current terms and conditions because they are binding on you. Your use of this website following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
All features, specifications, products and prices of products and services described on this website are subject to change at any time without notice. From time to time there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this website.
We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
We have made every effort to display as accurately as possible the colors of our products that appear on the website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this website does not imply or warrant that these products or services will be available over the Internet or through retail outlets at any particular time.
In the event that a product or service is mistakenly listed at an incorrect price, PEGASAT reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PEGASAT reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PEGASAT shall issue a credit to your credit card account in the amount of the incorrect price.
Comments and other Communications
When Your Agreement Begins
This Agreement becomes effective when any of the following actions takes place on your part:
a. You accept the Agreement through an oral or electronic statement;
b. You attempt to or in any way use a Service;
c. You pay for a Service; or
d. You open any package or start any program that says you are accepting the Agreement by doing so.
Term of Service Commitments
PEGASAT offers a variety of subscription-based Service plans including Month-to-Month and Pre-Paid Service Plans. PEGASAT reserves the right to change its Service plans at any time. See www.pegasat.com for descriptions of our current Subscription Service offerings.
Service Termination Fees
Month-to-Month Service Plans
You can terminate a month-to-month subscription-based Service at any time by contacting customer service and requesting that we deactivate your Service. You are responsible for all charges billed or incurred prior to deactivation. If a Service is terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused portion of the between the time you terminate the Service and the end of your billing cycle. Except as provided above, you may be required to pay us an Early Termination Fee for each applicable line of Service that you terminate.
Service Plans Requiring a Minimum Term Commitment
In the event you select a Service that carries with it a minimum Term Commitment you will be charged an Early Termination Fee for each subscription that you terminate before the end of the Term Commitment or for each line of Service that we terminate early for good cause (for example, if you violate the payment or other terms of the Agreement). If the Early Termination Fee applies, you will be charged the lesser of $100 or the aggregate sum of the payments that remained on your plan prior to termination—whichever is greater.
Our Right to Interrupt or Terminate Your Service
We may interrupt or terminate a Service without notice: (1) for any conduct that we believe violates this Agreement, including but not limited to violation of any Local, State or Federal laws ; (2) if you exceed an Account Usage Limit (“AUL”); (3) if you behave in an abusive, derogatory, or similarly unreasonable manner with any of our representatives; (4) if we discover that you are underage; (5) if you fail to make all required payments when due; (6) if we have reasonable cause to believe that your Device is being used for an unlawful purpose or in a way that (i) is harmful to, interferes with, or may adversely affect our provision of the Service, (ii) interferes with the use or enjoyment of Services received by others, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or offensive material, or (v) constitutes a security risk or a violation of privacy; (7) if you provided inaccurate credit information; (8) if we believe your credit has deteriorated and you refuse to pay any requested advance payment or deposit; (9) if you modify a Device from its manufacturer specifications or alter it in any way that mechanically is not intended by this Agreement, such as unauthorized removal of the SIM card; or (10) if we believe the action protects our interests or any customer’s interests. If we terminate a Service for any of the above reasons and you are then subject to a Term Commitment, you must pay us an Early Termination Fee and a Device Fee (if applicable).
Our Right to Change the Agreement and Your Associated Rights
We may change any terms, conditions, rates, fees, expenses, charges or method of calculating charges regarding a Service at any time. We will provide you with notice of material changes (other than changes to governmental fees, proportional charges for governmental mandates or administrative charges) either in your monthly bill or separately. If we increase the price of any of the Services to which you subscribe, beyond the limits set forth in your Agreement, we will disclose the change at least one billing cycle in advance (either through a notice with your bill, through an e-mail to the e-mail address that you have identified to us at the time of purchase, as amended by you from time to time, or otherwise).
In response to our changes to the Agreement as described above, you may terminate this Agreement as it applies to a Service without paying an Early Termination Fee only if you: (a) call us within 14 days after the date you are notified of the change; and (b) specifically advise us that you wish to cancel a Service because of a material change to the Agreement. If you do not cancel Service within the 14-day period, an Early Termination Fee will apply if you later terminate such Service before the end of any applicable Term Commitment.
Credit Checks and Credit Information
We agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies. You agree to provide information we may request or to complete any applications we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services, or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.
Account Usage Limits (“AUL”)
An AUL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud or criminal activity) we place on the amount of unpaid voice or text/SMS charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count towards an AUL. If you have an AUL, we may suspend your Services without prior notice if your account balance reaches the AUL, even if your account is not past due. We may impose or increase an AUL at any time with notice. An AUL is for our benefit only and should not be relied on by you to manage usage.
Deposits and Returning Deposit
We may at any time require a deposit, as a guarantee or partial guarantee of payment, for you to establish or maintain a Service (“Deposit”). By providing us a Deposit, you grant us a security interest in the Deposit for all current or future amounts owed to us. We may change the Deposit at any time with notice. You may not use a Deposit to make or delay payments. The Deposit, the length of time we hold the Deposit, and changes to the Deposit are determined based on your credit history, payment history and other factors. Unless prohibited by law, we may mix Deposits with our other funds. Deposits will not earn interest and we reserve the right to return the Deposit as a credit on your invoice at any time. If your Service is terminated for any reason, we may keep and apply your Deposit to any outstanding charges. We will send any remaining portion of the Deposit to your last known address within 90 days after your final invoice; if such mailing is returned to us, we will forward it on to the appropriate state authorities to the extent required by law.
Your Device Number
Location-tracking and telecommunications devices provided by PEGASAT are designed exclusively for use on networks provided by us or to you directly as may be the case. Except for any legal right you may have to port/transfer your Device number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
PEGASAT warrants the products it sells under the PEGASAT brand to be free from defects in materials and workmanship under normal consumer usage for the terms of coverage outlined above subject to the exclusions described below. At our sole discretion, we will repair or replace the defective unit which failed from established normal use. This limited warranty is a consumer’s exclusive remedy, and applies as follows only to new devices purchased from PEGASAT that carry the PEGASAT brand. Our Limited Warranty coverage extends to the original purchaser only and is NOT transferable. NOTE: All products and accessories sold by PEGASAT under other brands carry the respective warranties offered by the manufacturer of those items. For information related to third-party product warranties please consult our web site at: www.pegasat.com or contact customer service.
Standard 1Year Limited Warranty
Products sold by PEGASAT under the PEGASAT brand shall be covered by a standard one (1) year Limited Warranty for a period of three hundred sixty-five (365) days subject to the exclusions described below. The warranty period starts from the date of your purchase regardless of when the products are actually received by you. Our Limited Warranty is extended to the original purchaser only and is NOT transferable.
Extended Warranty Options
Customers may elect to extend their warranty coverage to two (2) or three (3) years by purchasing a 1-year or 2-year extended warranty. EXTENDED WARRANTIES MUST BE PURCHASED AT THE TIME OF ORIGINAL PRODUCT PURCHASE UNLESS OTHERWISE AGREED TO BY US IN WRITING.
PEGASAT, at its option, will at no charge repair, replace or refund the purchase price of any Product that does not conform to this warranty. We may use functionally equivalent reconditioned/ refurbished/pre-owned or new products, accessories or parts. No data, software or applications added to the device or accessories, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a back- up prior to requesting service. For equipment under warranty, the customer is responsible for freight to PEGASAT and all related custom, taxes, tariffs, insurance, etc. PEGASAT is responsible for the freight charges only for return of the equipment from the factory to the customer. PEGASAT will return the equipment by the same method (i.e., Air, Express, Surface) as the equipment was sent to PEGASAT.
The following items are excluded from coverage under this warranty:
a. Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage;
b. Ornamental Decorations. Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage;
c. Batteries. Only batteries whose fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this limited warranty;
d. Abuse & Misuse. Defects or damage that result from: (i) improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse; (ii) contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; (iii) use of the device or accessories for commercial purposes or subjecting the device or accessory to abnormal usage or conditions; or (iv) other acts which are not the fault of PEGASAT, are excluded from coverage;
e. Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than PEGASAT, or its authorized service centers, are excluded from coverage;
f. Altered Products. Devices or accessories with (i) serial numbers or date tags that have been removed, altered or obliterated; (ii) broken seals or that show evidence of tampering; (iii) mismatched board serial numbers; or (iv) nonconforming or non-PEGASAT housings, antennas, or parts, are excluded from coverage;
g. Communication Services. Defects, damages, or the failure of products and Services due to any communication service or signal you may subscribe to or use with the products and Services is excluded from coverage.
How to Obtain Warranty Service
To obtain warranty service, please contact us via the email or phone numbers provided on our website (www.pegasat.com).
Limited Products Warranty Disclaimer
THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE PURCHASER AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL PEGASAT BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE RELEVANT PRODUCTS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Note: Some countries, states, and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply. This warranty gives you specific legal rights, and you may also have other rights that vary from one legal jurisdiction to another.
PEGASAT EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE. PEGASAT DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES ASSOCIATED WITH THE PRODUCTS. PEGASAT DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE OR THAT OPERATION OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED. PURCHASER WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF PEGASAT TO ANY END-USER OR OTHER THIRD PARTY. (SEE ALSO GENERAL LIMITATION OF LIABILITY BELOW)
Coverage; Where Your Device Will Work; Technical Limitations
PEGASAT does not guarantee wireless network availability. Services may be subject to certain Device and compatibility limitations, including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice.
Actual network speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. In addition, Services that rely on location information, such as GPS and Cell ID, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors. The Device performs inconsistently in dense urban areas such as New York City. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and Services will not work, under such circumstances.
GPS location readings are inherently subject to “bounce” which can affect accuracy in varying increments, on rare occasions in excess of 500 ft. We may, at our discretion, utilize Cell ID in certain circumstances. You understand that Cell ID is subject to technical limitations and is generally not as accurate as GPS. Moreover, Cell ID depends on availability of cell tower communications which might be weak or non-existent in certain areas. You understand and agree to such technical limitations and expressly agree to indemnify and hold us harmless from any and all injuries that result from the Device or Services not working, malfunctioning, or failing except as specifically provided herein.
Visa, Master Card, Discover and PayPal
We accept Visa, MasterCard, Discover and PayPal via our e-commerce platform: www.pegasat.com.
Your billing address is required to place an order. It will be checked with the issuing bank. We only ship to the billing address of the cardholder unless the shipping address is listed with the credit provider. "PEGASAT" will be the name displayed on your credit card statement. Orders cancelled for any reason prior to billing will be subject to a 25% cancellation fee, at our sole discretion.
Automated Online Credit Card Processing may DECLINE your order for the following reasons:
a. Funds are not available at the time the transaction is attempted.
b. The Account Number is incorrect.
c. The Expiration Date is incorrect.
d. The Card Code Verification (CCV) Number does not match the code on the credit card.
e. The Address Verification System (AVS) cannot match the billing address and zip code as listed with your Credit Provider.
f. The Credit Provider does not participate in electronic CCV or AVS.
g. The Credit Card has been issued outside the United States from a non-US Financial Institution.
Other Forms of Payment
If you wish to make payment using some method other than those described above please contact us via email or by phone as indicated in the Contact Us section at: www.pegasat.com.
PEGASAT RESERVES THE RIGHT TO REFUSE OR CANCEL ANY ORDER AT ANY TIME AND FOR ANY REASON AT OUR SOLE DISCRETION.
Payment Policy; Late Fees
You agree to make payments on or before the day of the purchase of each month in the amount set forth in the online service contract selected by you for the purchase of a Service (“Service Contract”), plus additional taxes, fees, or surcharges as provided for in this Agreement. You hereby authorize PEGASAT or our assigns or agents to charge your credit card a monthly recurring fee during the pendency of your contract in the full amount owing, including overages where applicable. For some Services, you will receive a monthly statement detailing your charges as provided above. This statement will typically be sent electronically, but we reserve the right to send a statement in a hard copy via mail. If we do not receive payment in full by the date specified in your Service Contract, a late payment charge (equal to $10 per month per late payment) may be applied to the total unpaid balance. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked by you as “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier’s check, money order, or any other reasonable method at any time at our sole discretion.
In addition to late fees, interest and other applicable charges, you agree to pay all costs of collection, including attorney’s fees and including charges that we incur with a collection agency. If your account is assigned to a collection agency, you will be charged a fee of $25 for each such assignment in addition to other applicable charges. We reserve the right to report delinquent account to credit agencies, which might impact your credit score.
Activation & Miscellaneous Charges
Based on our Policies and the Service Contract, PEGASAT may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
Account & Service Charges; Pro-rating; Unused Minutes
You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges (including without limitation text and voice), taxes, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, in the Service Contract and in confirmation materials we may send to you.
Your Statement of Charges
For certain Services involving variable charges, we will provide you with a monthly statement, which will provide you notice of any usage/transaction specific charges (usually billed in the bill cycle in which they’re incurred). This statement also may include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
Taxes & Government Fees
You agree to pay all Federal, state and local taxes, fees and other assessments that we are required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
Disputing Charges – You Must Still Pay Undisputed Charges
Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill.
Subscription Service plan options are as described on our website, which may be modified at PEGASAT’s discretion from time to time.
PEGASAT shall not be liable for Service interruptions, delays, failures to perform, damages, losses or destruction, or the malfunction of any service or any consequence thereof caused or occasioned by, or due to fire, flood, water, the elements, acts of God, war and threat of imminent war, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the affected party’s reasonable control. PEGASAT shall exercise good faith efforts to remedy any such cause of delay or cause preventing performance.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen because you may be responsible for usage charges incurred before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). You further agree that the loss or theft of your Device will not result in the waiver of any Early Termination Fees if you elect to terminate Services (rather than purchase a replacement Device) due to such loss or theft.
Compliance with Law
The Devices and Services are intended to be used in a lawful manner. You are responsible for using your Device and the Services in a manner that complies with applicable Federal, state, local, regional, or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. PEGASAT will not render advice on the legality of a particular use. If you are unsure of the legality of a particular use, please consult your legal counsel. You agree to indemnify and hold PEGASAT harmless from your unlawful use of a Device or Service.
General Limitation of Liability
Unless prohibited by law, the following limitations of liability apply. A Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. (See: http://www.dhs.gov/telecommunications-service-pri... We may block access to certain categories of numbers (e.g., 976, 900, and international destinations) at our sole discretion.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. WE CANNOT ASSURE A USER OF A DEVICE WILL BE LOCATED, OR THAT IF YOU PLACE A CALL YOU WILL BE FOUND. AIRTIME AND OTHER SERVICE CHARGES APPLY TO ALL CALLS, INCLUDING INVOLUNTARILY TERMINATED CALLS.
PEGASAT MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY SERVICES, SOFTWARE OR GOODS, AND IN NO EVENT SHALL PEGASAT BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any: (a) act or omission of a third party; (b) mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or related software provided by or through us; (c) damage or injury caused by the use of Services or Device, including use in a vehicle; (d) claims against you by third parties; (e) damage or injury caused by a suspension or termination of Services by PEGASAT; or (f) damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service. Unless prohibited by law, PEGASAT is not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, Services, or Devices provided by or through PEGASAT, including loss of business or goodwill, revenue or profits, or claims of personal injuries.
TO THE FULL EXTENT ALLOWED BY LAW YOU HEREBY RELEASE, INDEMNIFY, AND HOLD PEGASAT AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF ANY PERSON OR ENTITY FOR DAMAGES OF ANY NATURE ARISING IN ANY WAY FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, THE SERVICES PROVIDED BY PEGASAT OR ANY PERSON’S USE THEREOF OR OF THE DEVICE (INCLUDING, BUT NOT LIMITED TO, VEHICULAR DAMAGE AND PERSONAL INJURY), INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ALLEGED NEGLIGENCE OF PEGASAT, OR ANY VIOLATION BY YOU OF THIS AGREEMENT. THIS OBLIGATION SHALL SURVIVE TERMINATION OF YOUR SERVICE WITH PEGASAT. PEGASAT IS NOT LIABLE TO YOU FOR CHANGES IN OPERATION, EQUIPMENT, OR TECHNOLOGY THAT CAUSE YOUR DEVICE OR SOFTWARE TO BE RENDERED OBSOLETE OR REQUIRE MODIFICATION.
SOME STATES, INCLUDING THE STATE OF KANSAS, DO NOT ALLOW DISCLAIMERS OF EXPRESSED OR IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by calling or writing us as instructed on your invoice. We will contact you by mail at your billing address, at your email address, or by telephone. Instead of suing in court, we each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there is no judge or jury and review is limited. However, just as with a judicial proceeding, the arbitrator must honor the terms and limitations in the Agreement and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follow
a. “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated. This includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
b. If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent to your address provided us when you sign up for our Services, and notice to us will be sent to the Company’s mailing address set forth on the Company’s website. Each of us agrees to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the dispute to formal arbitration.
c. The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
d. Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your last billing address. The federal or state law that applies to the Agreement will also apply during the arbitration.
e. We each agree not to pursue arbitration on a class-wide basis. Unless both you and we agree otherwise, any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim), and the arbitrator may not consolidate more than one person’s claims nor otherwise preside over any form of a representative or class proceeding. If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the dispute must be brought in court.
f. We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
g. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this Dispute Resolution provision during the provision of a Service to you, you may reject any such change by sending us written notice via email within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT ALSO LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. NOTE THAT A DIFFERENT DISPUTE RESOLUTION PROCESS MAY APPLY FOR SERVICES PROVIDED BY ANOTHER COMPANY, SUCH AS YOUR NETWORK CARRIER, BUT THAT THE DISPUTE RESOLUTION PROVISIONS OF THIS AGREEMENT STILL APPLY TO THE PRODUCTS AND SERVICES WE PROVIDE.
No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, EACH OF US WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Exceptions to Our Agreement to Arbitrate Disputes
Either of us may bring qualifying claims in small claims court in Montgomery County, State of Maryland. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
Other Important Terms
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of Maryland, without regard to the conflicts of law rules of that state. If either of us waives or does not enforce a requirement under this Agreement, we do not waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The Agreement as defined herein makes up the entire agreement between us and supersedes any prior written or spoken agreements. You cannot rely on any contradictory statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.
PEGASAT may assign the rights to this contract to third parties at our sole discretion without input or consent from you.
If you have any questions concerning this Customer Agreement, please contact us via email or by phone as indicated in the Contact Us
section at: www.pegasat.com.
This Customer Agreement is Copyright © 2015, PEGASAT LLC. Any rights not expressly granted herein are reserved by PEGASAT.