General Terms of Service
This agreement ("Agreement") is between Ask Juan Networks ("we," "us" or "Ask Juan Networks") and the user ("you," "user" or "Customer") of Ask Juan Networks’ Residential or Business internet services and any related services ("Service"). This Agreement governs both the Service and any devices, such as an Ask Juan Networks’ fixed broadband wireless equipment, indoor power supply, antenna and equipment mounting brackets, or any other IP connection device provided by Ask Juan Networks for use in conjunction with the Service ("Device" or Equipment"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING ASK JUAN NETWORKS VIA EMAIL AT email@example.com AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
1.1 Service Availability
Service may not be available in all areas. Ask Juan Networks will perform a no-cost, no obligation wireless site survey to determine eligibility for you to subscribe to the Service.
1.2 Installation Timeframe
After satisfactory review of the requested site pursuant to section 1.1, Ask Juan Networks will place the request for service in an installation queue. Installations are performed oldest first, unless circumstances dictate otherwise. Typical queue timeframes are 1 to 2 weeks. When we are within a few days of installation for you, we will call and setup an installation date and time.
1.3 Equipment Requirements
The Service requires proprietary customer premises equipment ("CPE") which is provided by Ask Juan Networks pursuant to the terms of this Agreement. The equipment is owned and maintained by Ask Juan Networks for the duration of this Agreement. You must permit Ask Juan Networks access to the equipment at any time for repairs or maintenance under this agreement. Failure to allow access during this Agreement will remove any liability Ask Juan Networks has to provide the Service. The Service requires that the Equipment be located where it has the best “view” of our network. This “view” will be determined by Ask Juan Networks and agreed on by the customer before installation begins. If you cannot agree to the positioning of the equipment as recommended by Ask Juan Networks, then we may not be able to provide you the Service.
1.4 Day of installation
Typical installations take from 1 to 2 hours to complete. You must be present during the installation. The majority of the equipment is mounted on the outside of your structure, with cabling and additional equipment being routed and placed indoors. The installation fee covers single Ethernet installations up to fifty (50) feet from the location of the equipment for “view” pursuant to section 1.3 to the termination point. Additional distance, up to three-hundred (300) feet is possible, and billed at an additional charge. The termination point must be located within six (6) feet and plugged into 110v electrical service and the network connection can be a single computer’s Network Interface Card, or broadband wired or wireless router WAN port. Ask Juan Networks does not supply or sell NICs or routers, but can assist in their setup, if they are present at the time of Service installation.
Service is offered on a monthly basis for a term which begins on the date that Ask Juan Networks activates your Service and ends on the last day of the same month. Subsequent terms of this Agreement automatically renew on the first of each month without further action by you unless you give Ask Juan Networks written mail or e-mail notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges, all of which immediately become due, payable, and chargeable to your account. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
2.2 Standard Use of Service
The Service is provided to you for use within your company or residence only. You are permitted to operate Internet facing servers, so long as the use is not in any manner prohibited by this Agreement. Ask Juan Networks reserves the right to (1) immediately terminate or modify the Service, and (2) charge an administrative fee of US$100.00, if Ask Juan Networks determines, in its sole discretion that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement. You agree that any payment made to Ask Juan Networks pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages.
2.3 Resale of Service
You agree not to, and may not, sell, resell or share the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from Ask Juan Networks. Subscription to our $99 per month or higher data plan is required before resale requests will be considered. Even if approved for resale, liability for content and use of the service in accordance with this Agreement remains the sole responsibility of the subscriber. Ask Juan Networks reserves the right to retroactively bill for the $99 per month data plan, in addition to any other remedies specified in this Agreement, if Ask Juan Networks determines, in its sole discretion, that Customer's Service is/was being sold, resold or shared without authorization, or used for such prohibited activities or in any other manner prohibited by this Agreement. You agree that any payment made to Ask Juan Networks pursuant to this section is made as liquidated damages and not as a penalty, because it would be difficult if not impossible to ascertain damages.
2.4 Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Ask Juan Networks reserves the right to terminate the Service immediately and without advance notice if Ask Juan Networks, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due. If Ask Juan Networks, in its sole discretion believes that you have violated the above restrictions, Ask Juan Networks may forward the objectionable material, as well as your communications with Ask Juan Networks and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
2.4(a) Ask Juan Networks reserves the right to modify quality of service (QOS) restrictions at any time persuant to section 2.4 item 1 to restore service degradation due to the use of peer-to-peer (P2P) networking applications including but not limited to Kazza, Lime Wire, Torrent, eDonkey, etc. Modifications include but is not limited to restriction of bandwidth to such applications that interfere with our ability to provide Service to you or other customers.
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Ask Juan Networks reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Ask Juan Networks determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with Ask Juan Networks’ ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. Ask Juan Networks’ actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold harmless Ask Juan Networks against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
2.6 Loss of Service Due to Power Failure or Internet Outage
You acknowledge and understand that the Service does not function in the event of power failure either at your location or one of Ask Juan Networks’ locations. You also acknowledge and understand that the Service relies on other suppliers to Ask Juan Networks and that; accordingly, in the event of an Internet outage, the Service will not function. You will continue to be billed for the Service during such failures, terminations and/or outages unless and until you or Ask Juan Networks terminate the Service in accordance with this Agreement. Ask Juan Networks will make a reasonable effort to communicate any planned Internet or Equipment outages to the Customer at least 24 hours in advance. Ask Juan Networks also makes every reasonable effort to restore service due to Internet outages, equipment failures, and loss of Ask Juan Networks location’s power in as short a timeframe as possible.
2.7 Service Distinctions
You acknowledge and understand that the Service is a shared resource among all Users. The maximum data transfer rates deliverable by the network varies by location and network congestion. At times, service will not reach those published rates. While Ask Juan Networks makes every effort to ensure all Users enjoy reasonable speeds, Ask Juan Networks does not guarantee data transfer speeds on any plan. The average data rates listed for each plan are the maximum rates that a User will be limited to if they exceed that average over any given 5 minute period. Reducing bandwidth utilization to below the subscribed average, will return the User's transmission speed to the maximum deliverable by the network.
2.8 Theft of Service or Device
You agree to notify Ask Juan Networks immediately, by calling the Ask Juan Networks customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number, a police report number, for stolen Devices, and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. You will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
2.9 Tampering with the Device and Service
You agree not to attempt to relocate, access, disassemble, or change the configuration of the Device, or to perform a factory reset of the Device, without express permission from Ask Juan Networks. In each instance which Ask Juan Networks may grant or deny in its sole discretion. Ask Juan Networks reserves the right to terminate your Service should you violate this section, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable. You agree not to disrupt or hack the Service or to make or attempt to make any use of the Service that is inconsistent with its intended purpose.
2.10 Replacement of a Defective Device
If you have a defective Device, Ask Juan Networks will replace it without charge as long as you have fully paid for the Service. This replacement policy is good for the life of this Agreement regardless of how many times your Device is replaced during that time.
3.1 Billing address
You must give us a valid billing address or email address when the Service is activated. If your billing or email address changes, you must advise Ask Juan Networks immediately by mail or e-mail. We will bill all charges monthly to your account, including but not limited to: installation fees, monthly Service fees, surcharges, applicable taxes, and equipment purchases.
Billing and payment policies:
All services must be paid in advance of the month used. Payment deadline is the first of every month. There is a 10 day grace period before a $3.00 late fee will apply. Non paid accounts will automatically be suspended at end of month. Suspended accounts will be reactivated after payment of a $25 reactivation fee plus the amount owed including finance and/or late fees.
By continuing your service, you agree to pay all billed services.
Canceling, Suspending, Closing Accounts:
To avoid future charges you may cancel, suspend, or close your account in good standing before the 20th of the current month.
Accounts in good standing that are in suspend status: $10
Accounts in delinquent status: $25
Accounts that remain delinquent after 90 days will be sent to collections and reported to credit bureaues.
3.2 Billing Disputes
You must notify Ask Juan Networks in writing within seven (7) days after receiving your billing statement if you dispute any Ask Juan Networks charges on that statement, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to the following address:
Ask Juan Networks LLC
111 E. 3rd Street, Suite 2C
Port Angeles, WA 98362
Ask Juan Networks accepts payments by cash (in person only at time of installation), check, or via online payment from PayPal funds or credit cards. Ask Juan Networks may terminate your Service at any time, in its sole discretion, if any payment to Ask Juan Networks is declined, reversed, or returned. Termination of Service for a declined or expired credit card, reversed charges or nonpayment leaves you fully liable to Ask Juan Networks for all charges accrued before termination and for costs incurred by Ask Juan Networks to collect all monies owed by Customer, such as (but not limited to) collection costs and in house or outside attorneys’ fees as defined is Section 8. Ask Juan Networks may make billing adjustments for the Service retroactively for a period of one hundred eighty (180) calendar days after the date a Service is rendered if they are made within two (2) months of Ask Juan Networks’ receipt of any invoice for the payment of additional fees and charges imposed by law.
Ask Juan Networks will assess a $40 fee for all returned check payments in addition to reversing the credit applied to your account balance. Unpaid balances over 30 days are charged a 5% penalty per month for the total balance over 30 days past due. Your account may be suspended if any portion of your balance is over 60 days past due or if your account balance exceeds $99, at Ask Juan Networks’ sole discretion.
Customer is responsible for, and shall pay any applicable federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide Ask Juan Networks with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Ask Juan Networks receives such certificate.
4.1 Service move
In the event that you will be physically moving, or wish to have the Equipment relocated from its current installed location, Ask Juan Networks will need to perform another no-cost, no-obligation wireless site survey. Pursuant to section 1, you will be placed back in the installation queue and notified when installation dates and times are available. Removal and re-installation is performed only by Ask Juan Networks and carries a $99 relocation fee in place of the standard $99 installation fee.
5. VOLUNTARY OR INVOLUNTARY TERMINATION OR SUSPENSION
5.1 Voluntary termination
You may elect to cancel your service at any time by notifying Ask Juan Networks, in writing, via mail or e-mail. You must state your name, account number, and desire to cancel service. You must make the request before the 20th of any month in order to avoid being charged for Service through the end of the following month.
5.2 Voluntary request for suspension
You may elect to suspend your service at any time by notifying Ask Juan Networks, in writing, via mail or e-mail. You must state your name, account number, suspension start and end dates (in full months), and desire to suspend service. You must make the request before the 20th of any month in order to avoid being charged for Service through the end of the following month. Many customers suspend service when leaving their primary residence for an extended period of time. You will not be able to use the Service during the suspended months, nor will you be charged your standard monthly rate for service. Upon return from voluntary suspension, your account will be charged a $10 re-activation fee to restore service at the completion of your desired suspension months.
5.3 Involuntary termination/discontinuance of Service
Ask Juan Networks reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Ask Juan Networks discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation, violation of any terms of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Ask Juan Networks or of a third party provider to which Ask Juan Networks is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due.
5.4 Reactivation/continuance of Service due to involuntary suspension
If your suspended account’s Service is resumed because you cured the violation, you will not receive a credit or refund for the period during which the Service was suspended or limited. You will be charged a $9 reactivation fee if the account was suspended due to section 3.3. If your Service has been terminated pursuant to section 5.1 and then reactivated before the equipment is removed by Ask Juan Networks, you will be charged a $25 reactivation fee. Once the Equipment has been removed by Ask Juan Networks a reactivation request will be treated as a new installation request and will incur the regular $99 installation fee +$149 equipment guarantee.
5.5 Return of Equipment
You must permit Ask Juan Networks access to the Equipment for removal within fourteen (14) days of termination of this Agreement. Ask Juan Networks will charge the Customer $299 + tax if the Device is damaged or not in its original condition as installed for the Customer or if Customer does not fully comply with this Section.
THE TERM "ASK JUAN NETWORKS" AS USED IN THIS SECTION SHALL MEAN ASK JUAN NETWORKS TECHNOLOGIES, INC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND/OR DEVICE BY YOURSELF AND BY ANY PERSON MAKING USE OF THE SERVICE OR DEVICE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ASK JUAN NETWORKS AGAINST ANY AND ALL LIABILITY FOR ANY SUCH USE THAT FAILS TO COMPLY WITH THIS AGREEMENT. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ASK JUAN NETWORKS FROM ANY AND ALL CLAIMS AND/OR LIABILITY FOR DAMAGES, PERSONAL INJURY, DEATH, FINES, PENALTIES, COSTS, EXPENSES, LOSSES, LOST PROFIT, LOST REVENUE, PROPERTY DAMAGE, ATTORNEYS’ FEES, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. THIS SECTION SHALL SURVIVE THE AGREEMENT.
6.2 LIMITATION OF LIABILITY
IN NO EVENT SHALL ASK JUAN NETWORKS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY, FAILURE OR OUTAGE OF THE SERVICE, THE DEVICE, THE USE OF AND/OR INABILITY TO USE THE DEVICE, THE INSTALLATION OF THE DEVICE, AND/OR THIS AGREEMENT. NOR SHALL ASK JUAN NETWORKS BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING INTERRUPTION OR DEGRADATION OF SERVICE CAUSED BY ANY REASON INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO ASK JUAN NETWORKS OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND ASK JUAN NETWORKS’ CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING CONNECTION. ASK JUAN NETWORKS SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO ASK JUAN NETWORKS’ OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ASK JUAN NETWORKS’ NEGLIGENCE OR OTHER ACTS OR OMISSIONS. ASK JUAN NETWORKS’ LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT ASK JUAN NETWORKS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE ASK JUAN NETWORKS FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ASK JUAN NETWORKS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW. THIS SECTION SHALL SURVIVE THE AGREEMENT.
ASK JUAN NETWORKS MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. ASK JUAN NETWORKS DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. ASK JUAN NETWORKS DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST ASK JUAN NETWORKS TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
7. CHANGES TO THIS AGREEMENT
Ask Juan Networks may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the Ask Juan Networks website at www.askjuan.net and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement, message on your bill, an insert in your bill, newspaper ad, or a call to your billed telephone number, whichever occurs first.
In the event that Ask Juan Networks has to take legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed. If in house counsel is employed, billing shall be at the rate of $300.00 per hour and billed in six minute increments.
9. RESOLUTION OF DISPUTES BY BINDING ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY. THIS SECTION DOES NOT APPLY TO SERVICE PROVIDED TO RESIDENTS OF CALIFORNIA.
9.1 Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement, the Service and/or the Device (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any Device, Service, advertising or otherwise having a connection to this Agreement. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association’s ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES. YOU AND ASK JUAN NETWORKS BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
9.2 Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at Ask Juan Networks, 307 Shire Lane, Port Angeles, WA 98363, and give us an opportunity to resolve the dispute. Similarly, before Ask Juan Networks takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Ask Juan Networks is notified by the other of a dispute, then either party may contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, TX 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available on the Internet at www.adr.org, or by contacting us at firstname.lastname@example.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Washington in Cowlitz or Clark Counties. Arbitrations under this Agreement shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations.
9.3 Time for Filing Claims
You 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 the Agreement
10. GOVERNING LAW
This Agreement and the relationship between you and Ask Juan Networks shall be governed by the laws of the state of Washington without regard to its conflict of law provisions.
11. ENTIRE AGREEMENT
This Agreement and any modifications to it pursuant to Section 6, and the rates for Services found on Ask Juan Networks’ website, constitute the entire agreement between you and Ask Juan Networks and govern your use of the Service, superseding any prior agreements between you and Ask Juan Networks and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No changes to this Agreement shall be binding upon either you or Ask Juan Networks unless they are made pursuant to Section 6.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
Ask Juan Networks may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement or the Service or Device without our prior written agreement.
15. NO THIRD PARTY RIGHTS
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
Last Updated: January, 24, 2011
Last Updated: April 28, 2008