Last modified: 2020-05-18
Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions.
Thanks for using Apartnet’s products, equipment and services (“Services”). The Services are provided by Apartnet LLC. (referred to below as “Apartnet”).
The Apartnet Terms of Service (“Terms”) means the terms specified below.
By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may use the Services.
By signing up for or using the Services, you agree to these Terms.
We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically.
You consent to receive electronically all Communications that we may provide you in connection with your Apartnet account and your use of the Services. Communications include:
Communications will be considered to be received by you upon delivery in any of the following manners:
To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Apartnet to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.
On occasion, Apartnet or its affiliates may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to us. These communications may be about your Apartnet account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by Apartnet or its affiliates. These calls or SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded or artificial voices. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages.
Although we hope to make Apartnet available to as many people as possible as quickly as we can, Apartnet reserves the right to determine whether any Services are made available to a particular address.
If Apartnet determines that the address at which you receive Services is not a residential address, Apartnet may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in any fee for the Services.
You agree to provide Apartnet with all necessary access to the premises (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Apartnet may install equipment on the exterior and interior of your residence (including but not limited to laying underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You agree that Apartnet may take photographs of the equipment installed by or on behalf of Apartnet on the exterior or interior of your residence for quality control purposes. You also agree that Apartnet may use, and that you have the necessary permissions to approve Apartnet’s use of, existing facilities, including existing wiring in and around your residence, to complete the installation services.
Apartnet may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Apartnet or the apartment manager may charge you a fee for replacement equipment.
Unless explicitly stated otherwise on our website, Apartnet owns all equipment provided by Apartnet in connection with the Services.
You authorize Apartnet to install software upgrades on any equipment provided by Apartnet. You also agree not to use the Apartnet-owned equipment for any purpose other than using the Services.
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.
Except with respect to certain television content authorized by Apartnet to be viewed outside of your residence, the Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your residence.
Apartnet makes an effort to keep its network secure, but no network security is perfect. While Apartnet may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Apartnet is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY APARTNET OR AN AGENT THEREOF, NEITHER APARTNET NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY Apartnet, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF APARTNET, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, APARTNET, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
WHEN PERMITTED BY LAW, APARTNET, AND APARTNET’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices here.
Arbitration. Apartnet and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
This arbitration agreement does not preclude either you or Apartnet from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Apartnet on your behalf.
You agree that, by entering into this agreement, we are each waiving the right to a trial in a court or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Apartnet should be sent to Apartnet’s agent for service of process, at the following address (“Apartnet Notice Address”):
725 W 1200 S Unit A
Perry, UT 84302
Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless we agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence (or principal place of business if you are a small business). If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Apartnet and Apartnet residential subscribers. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org). Apartnet will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Apartnet commences. If you provided Apartnet with 30 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, Apartnet will pay your share of any such AAA fees. If the value of your claim is between $75,000 and $300,000, your share of any such fees will be capped at $200 (unless the law of your state requires Apartnet to pay all such fees). And if the value of your claim exceeds $300,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Apartnet to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Apartnet for amounts that Apartnet paid on your behalf.
No class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Apartnet AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
30-Day Opt-Out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS IN THIS DISPUTES SECTION, YOU MUST NOTIFY APARTNET BY COMPLETING SENDING A LETTER WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW).
Future changes to arbitration provision. If Apartnet makes any changes to this Disputes section of these Terms (other than a change to the address at which Apartnet will receive notices of dispute), you may reject any such change by sending a letter to Apartnet. It is not necessary to reject a future change to this arbitration provision if you had properly opted out of this arbitration provision within the first 30 days after you accepted these Terms. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.