Skyroam, Inc. Terms of Service
Last Updated: December 7, 2018
Thanks for using Skyroam!
BEFORE YOU USE THE PRODUCTS AND SERVICES, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY USING THE PRODUCTS AND SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CONTINUE TO USE THE PRODUCTS AND SERVICES. SKYROAM RESERVES THE RIGHT TO REFUSE PRODUCTS AND SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH SKYROAM, INC. THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).
The following T&Cs are split up into the following sections:
I. RENTAL TERMS
II. PURCHASE TERMS
I. RENTAL TERMS:
Section 1: Products & Services
In addition to the Products and Services, Skyroam also provides a quick start guide to travelers who plan to visit the United Kingdom, Europe, Asia, or other international destinations covered by Skyroam as listed on the Skyroam website: skyroam.com/global-coverage.
FAIR USE POLICY: Our goal at Skyroam is to provide high-speed internet access to our entire community of users, anywhere and anytime! To ensure we optimize our data network to provide the best speeds to the most number of customers worldwide, we practice an industry standard Fair Use Policy, consistent with most mobile carrier and broadband company policies for mobile data usage. Because our network is a limited resource, customers who take a disproportionately high amount of data may experience reduced network speeds, based on location and service, so that we protect Fair Usage for all. To ensure you have uninterrupted high speed data, we strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming and other online activities that consume large amounts of data.
Section 2: Eligibility to Rent
While the Products and Services may be used by travelers of any age, Skyroam will only rent to adults who are at least 18 years of age. If you are not 18 years of age, you represent that you are at least the age of majority in your respective state or province of residence; or that you are the age of majority in your state or province of residence and you have given Skyroam your consent to allow your minor dependents to use the Products and Services.
Section 3: Delivery
When you place an order to rent, Skyroam asks that you inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to receive and that you accept the delivery of the Equipment. Skyroam will assume all risk of loss and damage from the delivery of the Equipment from the point of rental order to your designated rental address or Skyroam authorized vending machine.
Section 4: Use of Products & Services
You agree to exercise reasonable care in the use of all Products and Services, and to handle all Equipment in accordance with these T&Cs and provided quick start guide.
You further agree that you will NOT do any of the following:
(a) make repairs or modifications, or alter in any way, the Equipment (including but not limited to the swapping of a non-authorized Equipment battery);
(b) remove or alter any certification markers affixed to the Equipment;
(c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend on your trip (up to five devices);
(d) dispose of the Equipment;
(e) grant any interest in the Equipment to any third party; or
(f) use the Equipment for any illegal purpose, including in violation of your jurisdiction (including but not limited to copyright laws).
(g) use the Products and Services or its content:
(i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate Skyroam’s intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Skyroam website, other websites, or the internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Services or any related Skyroam website, other websites, or the internet.
(h) use the Equipment to transmit worms or viruses or any code of a destructive nature.
Skyroam reserves the right to terminate your use of the Product and Services for violating any of these prohibited uses in this Section 4.
Section 5: Returns
(a) Shipping Instructions via provided pre-paid return label.
All rentals should be returned by a local mail service or other generally recognized courier service in accordance with the provided pre-paid return label and shipping instructions, and returned no later than seven (7) days following your last day of use (the “Rental End Date”). The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to Skyroam’s designated address on the return label shipping instructions.
(b) If you go over your 7-day grace period.
If the rented Equipment is not received by the end of a 7-day grace period following the Rental End Date, you will be charged an additional daily rate for up to 13 days. After 13 days, you are assumed to have purchased all rented Equipment; Skyroam’s Purchase T&Cs (as listed on Skyroam’s website) will then apply for your future use of the Equipment.
If for any reason you are unable to return the Equipment (including but not limited to the Equipment being lost or stolen during the Rental Period), then you should contact the Skyroam team immediately at email@example.com, so that you do not incur additional late charges. If the Equipment is returned to Skyroam after you have been charged the loss penalty, Skyroam will immediately offset the charge with the fee corresponding to the number of days your Equipment is overdue.
Section 6: Fees & Charges
(a) Rental Period. Your rental period is defined as the dates you book to rent the Products and Services. For vending machine rentals, your Rental Period may last from 3 to 31 days.
(b) Rental charges will be placed in one of two ways:
(1) For rentals purchases online, your order may be made through the Shopfiy or SnipCart platform. You hereby agree and consent to the policies and procedures of Shopify Inc. (“Shopify”) or Snipcart Inc. (“Snipcart”), as further explained in Section 13 of this Agreement.
(2) For authorized Skyroam vending machine rentals, your rental order will be placed using the vending machines owned and operated by ZoomSystems, Inc. (“ZoomSystems”). By purchasing from an authorized Skyroam vending machine, you hereby agree and consent to the policies and procedures of ZoomSystems as further explained in Section 13 of this Agreement.
(c) Damages or Lost Equipment. Subject to Section 7 below, you are solely responsible for all loss or damage to the Equipment during the Rental Period. Any charges for damaged or lost Equipment will be billed directly to the credit card or Paypal account used at the time of rental. Charges can range from replacement parts up to the full value of Skyroam’s Equipment as listed on the Skyroam website. Damaged Equipment is defined as Equipment that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen).
Please note that Skyroam reserves the right to charge you for the full value of the Equipment or institute collection procedures against you in the event that you fail to return the Equipment as required by this Agreement or fail to pay any Service or damage charges or late fees that you incur. If it becomes necessary to institute collection procedures against you, you agree to pay the costs of collection, including without limitation reasonable attorneys’ fees. Any late fees that Skyroam collects will not waive any other right or remedy that may otherwise be available to you under this Agreement.
Section 7: Ownership of Equipment; Insurance
By renting, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Products and Services. You further agree that Skyroam will retain all ownership of the Equipment.
Insurance is available for purchase providing coverage for any damage, loss, or theft of the Equipment, after a $50 deductible. In other words, the insurance limits the maximum you would be charged to $50 (in addition to the insurance cost of $19.95). Without insurance, you could be charged the full replacement cost of $99.50 for the Equipment.
Section 8: Skyroam’s Satisfaction Guarantee
Skyroam warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period.
Section 9: Disclaimer of Warranties
EXCEPT FOR THE SATISFACTION GUARANTEE SET FORTH IN SECTION 8 ABOVE, SKYROAM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS AGREEMENT. SKYROAM CANNOT WARRANT THE PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL YOUR NEEDS, OR THAT ANY THAT YOU ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. SKYROAM CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY PRODUCTS OR SERVICES. SKYROAM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, SERVICES, AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSED THROUGH THE PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY PRODUCTS OR SERVICES.
Skyroam will delete all personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS T&CS AS THE EQUIPMENT IS NOT INTENDED FOR ANY STORAGE OR USE, INCLUDING BUT NOT LIMITED TO STORING PERSONAL INFORMATION AND DATA.
Section 10: Consequential damages; Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER SKYROAM NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OFOR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT SKYROAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SKYROAM AGREES THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Skyroam’s total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under these T&Cs. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
Section 11: Indemnification
By agreeing to these T&Cs, you agree to indemnify, defend, and hold harmless Skyroam, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these T&Cs; (b) any dispute between you and any third party product, service, or site, which you engaged through the Products and Services; and (c) which arise or result from any unauthorized or illegal use or distribution of the Product and Services.
Section 12: Miscellaneous
Skyroam reserves the right to discontinue the Products and Services or terminate and/or amend these T&Cs from time to time at Skyroam’s sole discretion. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 6-9, 12-16 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Agreement without Skyroam’s prior written consent. You agree that Skyroam may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of Skyroam’s business. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
Section 13: Third Party Products and Services; User Content
By using the Products and Services, you may receive promotional messages regarding Products and Services Skyroam offers, as well as other third party products, services, and advertisements. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Any user content you provide us will be at your discretion and with your consent. You understand that your user content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and payment information is always encrypted during transfer over networks.
THIRD PARTY PRODUCTS AND SERVICES
Certain content, products and services available via the Products and Services may include materials from third parties. Third party links on Skyroam’s website may direct you to third party sites that are not affiliated with Skyroam. Skyroam does not warrant and will not have any liability or responsibility for any third party content, or for any other materials, websites, products, or services of such third parties. Skyroam is not liable for any harm or damages related to any other transactions made in connection with such third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Skyroam may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you have knowingly forwarded and consented to use by Skyroam. Skyroam is under no obligation (1) to maintain such comments in confidence; (2) to pay compensation for such comments; or (3) to respond to such comments. Skyroam monitor and remove content that Skyroam determines (in its sole discretion) that are unauthorized, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Skyroam or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Skyroam takes no responsibility and assumes no liability for any comments posted by you or any third party.
Section 14: Promotions
From time to time, promotions may be offerred by Skyroam, including but not limited to, 30 day trials. Some promotions may require return labels to be downloaded from our website. Promotions are limited to one trial per email address or shipping address and any device accessory losses may apply.
Certain promotional codes must be used at time of rental order and cannot be exchanged for credit on previous rentals. Such discounts are applied to rental fees only, not extras such as insurance. If applicable, enter the discount code in the indicated text field of the checkout order page, and hit "Apply." The discount will be visible immediately in the order summary. Promotional codes expire within 30 days of issue, unless otherwise specified in writing.
Section 15: Force Majeure
In the event Skyroam fails to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond Skyroam’s control, such failure shall not be deemed to be a breach of this Agreement, provided that Skyroam notifies you of the existence and nature of the reason for the nonperformance and delay, and Skyroam resumes performance immediately upon the conclusion of the relevant force majeure.
Section 16: Governing Law; Dispute Resolution and Arbitration
Let's Try To Sort Things Out First.
Please contact firstname.lastname@example.org to try to resolve any dispute. If a dispute is not resolved within 60 days of submission, you or Skyroam may proceed to formal dispute resolution.
Governing Law; Judicial forum for disputes.
These T&Cs are governed by California Law, without regard to conflicts of law principles. You and Skyroam agree that any judicial proceeding to resolve claims relating to these T&Cs will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Skyroam consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements or rights.
IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Both Parties Agree To Arbitrate. You and Skyroam agree to resolve any claims relating to these T&Cs through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
Arbitration Procedures. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the San Francisco Bay Area before one arbitrator with substantial experience arbitrating claims relating to commercial contracts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Exceptions to Agreement to Arbitrate. Either you or Skyroam may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with Skyroam on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.
Section 17: Contact Information
Questions about these T&Cs should be sent to: email@example.com
LEGAL ADDRESS NOTICE:
Attn: Skyroam, Inc. LEGAL
180 Sansome Street, 2nd Floor
San Francisco, California 94104 USA
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