Protecting your private information is our priority. This Statement of Privacy applies to the operation of the UMAXX© Service(s) website by Supercloud International, Inc. (“UMAXX”), and governs data collection and usage.
The UMAXX© website is a news, information, entertainment and social site. By using the UMAXX© website (“UMAXX© website”), you consent to the data practices described in this statement.
Collection of your Personal Information
UMAXX© may collect personally identifiable information, such as:
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through UMAXX© public message board feature, this information may be collected and used by others. UMAXX© encourages you to review the privacy statements of websites you choose to link to from UMAXX© so that you can understand how those websites collect, use and share your information. UMAXX© is not responsible for the privacy statements or other content on websites outside of the UMAXX© website. Other users of your UMAXX© account will be able to access your information such as your watch history, ratings, reviews and account information (including your email address or other information in your account).
Thank you for shopping at UMAXX©
Please read this policy carefully. This is the Return and Refund Policy of UMAXX©
We issue refunds for digital products within 7 days of the original purchase of the product.
We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
If you have any questions about our Returns and Refunds Policy, please contact us:
Welcome to UMAXX® Powered by Supercloud International, Inc.
The umaxx Service(s) website is owned, operated, powered, and brought to you by Supercloud International, Inc. ( UMAXX® ). The umaxx Service(s) website is an entertainment, news, information and social site (" UMAXX® Service(s) website").
Summary
This is the official Terms of Service(s) Agreement ("Agreement" or "Terms") between you and UMAXX® for you to use the UMAXX® Service(s) website and is a legally binding agreement between you and UMAXX®. Please read the Agreement carefully before you access or use the UMAXX® Service(s) website. By clicking the “AGREE” button, at the end of this Agreement or on the website, you have agreed to be bound by this Agreement.
By using the UMAXX® Service(s) website, you agree that you will abide by the terms of the Agreement and any additional terms that govern certain products and/or Service(s) as may be presented on the UMAXX® Service(s) website. This Agreement will remain in full force and effect as long as you are a user of the website and/or a subscriber of a UMAXX® Service. In the event of the termination of your account, Service(s) or feature, you will still be bound by your obligations under this Agreement.
The word "user" in this Agreement means any individual (a "user"), directly or indirectly, does or attempts to access or use any function, Service(s) or feature of the UMAXX® Service(s) website. This Agreement does not grant users rights or responsibilities with respect to third party content, sites or links that may be accessible through the use of the UMAXX® Service(s) website. Unless otherwise noted in this Agreement and to the maximum extent allowed by law, you may not access or use the UMAXX® Service(s) if you are under the age of 13 or if you are not able to legally enter into this Agreement under the laws of UMAXX®. This Agreement applies regardless of whether you access the Service(s) through a computer, mobile device, tablet, smart TV, gaming console or any other technology or device now known or hereafter developed or discovered (each, a "Device").
The Service(s)
The word “Service(s)” in this Agreement means the 5G internet Service(s) access that are presented on the UMAXX® Service(s) website. The Service(s) is for the sole personal and non-commercial use of the user.
During your subscription, UMAXX® grants you a limited, non-exclusive, non-transferable, license to access the Service(s). You agree to use the Service(s) in accordance with all applicable laws and this Agreement.
The number of Devices on which you may simultaneously use the Service(s) is limited to your subscription information. You can change the subscription information on the “Log In” page to set the number of Devices on which you may use simultaneously the Service(s).
This Agreement may change the Service(s). UMAXX® reserves the right in its sole and absolute discretion to make changes from time to time and without notice of how UMAXX® offers and operates the Service(s). When you use the Service(s), you represent and warrant you are 18+ and made a part of this Agreement. UMAXX® Privacy Policy governs data collection and usage in connection with providing you the Service(s). Your use of the Service(s) constitutes your acceptance of the UMAXX® Privacy Policy. UMAXX® Privacy Policy is under the Privacy Tab on the UMAXX® Service(s) website. UMAXX® makes no representations or warranties about the quality of the Device that you choose to use to experience the Service(s). UMAXX® may terminate or restrict your use of the Service(s), without compensation or notice if you are, or if UMAXX® suspects that you are (i) in violation of this Agreement or (ii) engaged in illegal or improper use of the Service(s).
Eligibility to Use the Service(s)
You must be 18 years of age or older to subscribe to the Service(s). In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Service(s), they may do so only with the involvement, supervision, and/or approval of a parent or legal guardian. If you are under the age of eighteen, you must ask your parent or guardian to use this website.
All registration information you submit to the UMAXX® Service(s) website must be truthful and accurate.
If you provide information that is untrue, inaccurate, not current or incomplete, UMAXX® has the right to suspend or terminate your subscription (in whole or in part) and refuse any and all current or future use of the Service(s) (or any portion thereof), in the sole discretion of UMAXX®, with or without notice to you, and without liability or obligation to you or any third party.
If you do not meet the eligibility requirements or, if for any reason, you do not agree with all of the terms of this Agreement, you must immediately discontinue accessing or using the Service(s) and you may not access or use the UMAXX® Service(s) website at any time in the future.
Proprietary Rights
UMAXX® and its licensors, solely and exclusively, own or control all right, title and interest in the UMAXX® website and the content you experience as the user including copyright, trademark, and patents (the “Proprietary Rights”). All Proprietary Rights are protected under U.S. Federal, State and international law.
The Service(s) are noncommercial, non-exclusive, non-assignable, non-transferable and limited to personal use only, and for no other purpose. Any unauthorized or prohibited use of any content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. UMAXX® will enforce aggressively, to the fullest extent of the law, any such unauthorized use.
Acceptance of the Terms
You are licensed to use the Service(s) pursuant to this Agreement. Your access to and use of the Service(s) is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Service(s) you agree to be bound by this Agreement. By clicking the “AGREE” button, at the end of this Agreement or on the website, you have agreed to be bound by this Agreement.
Changes to the Terms
UMAXX® has the sole and absolute discretion to change and update this Agreement and reserves the right to do so without notice to you. Unless otherwise stated, changes to this Agreement are made immediately effective and represent the current version of this Agreement. The current version of this Agreement supersedes previous versions. Your continued access to and use of the Service(s) establishes that you agree to be bound by the current version of this Agreement. If you reject or do not agree with the changes or updates to this Agreement or any part of the current Agreement, you must not access or use the Service(s).
Authorized Jurisdictions
The Service(s) are available in the United States and its territories (each, an "Authorized Jurisdiction", and collectively, the "Authorized Jurisdictions"). UMAXX® may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory.
Intellectual Property: Copyright, Trademark, Patent
UMAXX® is granting you, upon using the Service(s) pursuant to this Agreement, a strictly limited license to use its intellectual property, namely its copyrights, trademarks and patents and those of its licensors (“Intellectual Property”) and then only in connection with your authorized use of the Service(s) under this Agreement. The copyright to the content included in or made available through the Service(s) is the property of UMAXX® or its content suppliers. Graphics, logos, page headers, button icons, scripts, and Service(s) names included in or made available through the Service(s) are trademarks or trade dress of UMAXX®. All other trademarks not owned by UMAXX® that appear in the Service(s) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UMAXX®. The UMAXX® website operations are pursuant to patented or patent pending licensed authority. The Intellectual Property of UMAXX® is protected by United States and international law and is available only for your use of the Service(s) on the UMAXX® website pursuant and subject to the terms of this Agreement as aforesaid.
Privacy & Cookies
Personally identifying information is subject to the Privacy Policy of UMAXX®, the terms of which are incorporated herein. Cookies are small text files that are placed on your computer or device by the websites that you visit. They are widely used in order to make websites work and to provide information to the owner of the website. Please review the Privacy Policy of UMAXX® to understand the privacy practices and use of cookies.
Passwords & Account Access
The user who created the account and whose payment method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the UMAXX® account. The Account Owner’s control is exercised through use of the Account Owner’s password. To maintain exclusive control, the Account Owner should not reveal the password to anyone. if the Account Owner wishes to prohibit others from contacting UMAXX© Customer Service(s) (See Customer Service(s) and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the user’s account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your user account.
In order to provide you with ease of access to your account and to help administer the Service(s), UMAXX® implements technology that enables UMAXX® to recognize you as the Account Owner. This process provides you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service(s). This includes access via UMAXX® ready devices, compatible devices or website.
BY SHARING THE SERVICE(S) PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the UMAXX® website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
UMAXX® reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent or other illegal activity. UMAXX® is not obligated to credit or discount a membership for holds placed on the account by either a representative of UMAXX® or by the automated processes of UMAXX®.
Use of Information Submitted
UMAXX® may use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to the Service(s), including the UMAXX® Service(s) website and user interfaces (“Feedback”), or may use any content you may create through the UMAXX® social chat feature (“Chat”) (collectively the “Information Submitted”). UMAXX® may use the Information Submitted without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service(s). In addition, you agree not to enforce any “moral rights” in and to Feedback or Chat, to the extent permitted by applicable law.
Subscription
Ongoing Subscription. Your subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription or UMAXX® terminates it. You must have Internet access and provide UMAXX® with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Service(s). UMAXX® will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method.
Differing Subscriptions. UMAXX© may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. UMAXX© reserves the right to modify, terminate or otherwise amend the UMAXX© offered subscription plans.
Free Trials
Your subscription may start with a free trial if one is being offered by UMAXX©. The free trial period of your subscription lasts for seven (7) days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former subscribers only. The Service(s) reserves the right, in its absolute discretion, to determine your free trial eligibility.
UMAXX© will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit the UMAXX© Service(s) website and click the “login” link at the top of any UMAXX© Service(s) website page to go to your account details. UMAXX© may authorize your Payment Method through various methods, including authorizing it up to approximately one month of Service(s) as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK THE "LOGIN" LINK AT THE TOP OF ANY UMAXX© SERVICE(S) WEBSITE PAGE TO GO TO YOUR ACCOUNT AND FIND CANCELLATION INSTRUCTIONS. UMAXX© will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.
Billing
Recurring Billing. By starting your subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Service(s) to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Restocking Fee (“RSF”).
In an effort to keep our rates as low as possible for our valued subscribers, your Service(s) to the UMAXX© experience assumes you will be enjoying our product for at least a 12-month timeframe in order for us to cover the cost of the hardware. The purchase price of the hardware is included in your Service(s) with NO UPFRONT Out-Of-Pocket expense to you unless you chose to buy it upfront and outright. If you cancel your Service(s) to UMAXX© before you have completed the 12th month, you may be subject to a Restocking Fee (“RF”).
Price Changes. UMAXX© reserves the right to adjust pricing for the Service(s) or any components thereof in any manner and at any time as UMAXX© may determine in the sole and absolute discretion of UMAXX©. Except as otherwise expressly provided for in these terms; any price changes to your Service(s) will take immediate effect following notice to you.
Billing Cycle. The subscription fee for the Service(s) will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. UMAXX© will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. UMAXX© reserves the right to change the timing of the billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, UMAXX© may bill your Payment Method on a day in the applicable month or such other day as UMAXX© deems appropriate. For example, if you started your subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and click on the "Log In" link to go to your Account page to see the commencement date for your next renewal period. UMAXX© may authorize your Payment Method in anticipation of subscription or Service(s) - related charges. As used in these Terms, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service(s) through the end of your current billing period. At any time, and for any reason, UMAXX© may provide a refund, discount, or other consideration to some or all of the UMAXX© subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at the sole and absolute discretion of UMAXX©. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting the UMAXX© Service(s) website and clicking on the "Log In" link, available at the top of the pages of the UMAXX© Website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for the Service(s) using your account with a third party (i.e., Facebook or Twitter) as a Payment Method, and wish to cancel your subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the UMAXX© Service(s). You may also find billing information about your subscription by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method Service(s) provider for details.
Cancellation. You may cancel your subscription at any time, and you will continue to have access to the Service(s) through the end of your monthly billing period. UMAXX© DOES NOT PROVIDE REFUNDS. To cancel, go to the "Log In" page on the UMAXX© Website and follow the instructions for cancellation.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS UMAXX© SERVICE(S) SITE AND/OR UMAXX.TV INTERACTIVE SERVICE(S) IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICE(S), INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS UMAXX© SERVICE(S) SITE OR UMAXX© INTERACTIVE SERVICE(S) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. UMAXX© MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS UMAXX© SERVICE(S) SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS UMAXX.TV SERVICE(S) (S) SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UMAXX.TV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. UMAXX© DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS UMAXX© SERVICE(S) SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS UMAXX© SERVICE(S) SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. UMAXX.TV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS UMAXX© SERVICE(S) SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICE(S), INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
UMAXX© IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF SUBSCRIPTION OR OTHER ORDERS OR UMAXX.TV INTERACTIVE SERVICE(S), OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, UMAXX© LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall UMAXX© its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this UMAXX© Service(s) Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this UMAXX© Service(s) Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any Service(s); (v) errors or inaccuracies contained on this UMAXX© Service(s) Website or any information, software, products, Service(s), and related graphics obtained through this UMAXX© Service(s) Website; (vi) any transactions entered into through this UMAXX© Service(s) Website; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this UMAXX© Service(s) Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this UMAXX© Service(s) Website or the Service(s). The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if UMAXX© has been advised of the possibility of damages.
Indemnification
You agree to indemnify and hold harmless UMAXX© , its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, additional terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this UMAXX© Service(s) website or the Service(s). You agree to cooperate fully with UMAXX© in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
Governing Law and Disputes
Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Florida, excluding its choice-of-law principles.
Applicability of Section. The terms of this section will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Service(s), subject only to the following exceptions: (1) if UMAXX© reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, UMAXX© may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court under the laws of the State of Florida, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the required Informal Resolution procedure (See “Informal Resolution”). Furthermore, in no event will the terms of this section limit UMAXX© ability to investigate complaints or reported violations of this Agreement, or to take any action UMAXX© deems necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as rights holders.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Service(s), you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If UMAXX© does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement (See “Arbitration Agreement”).
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service(s), must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.
Customer Service(s)
If you need assistance with your account, click on the "Help" link at the bottom right-hand corner of the UMAXX© Service(s) website at any time and you will be directed to customer Service(s) (“Customer Service(s)”. There you will find the answers to many frequently asked questions and information on reaching a Customer Service(s) representative. In certain instances, Customer Service(s) may best be able to assist you by using a remote access support tool through which UMAXX© has full access to your device and account activity. UMAXX© will assist you through the means of support you select. By selecting a support tool, you are consenting to access from UMAXX© to you and your devices as is applicable through that support tool. You should not select a support tool if you do not consent to a Customer Service(s) representative having access to you and your devices as is applicable through that support tool. In the event of any conflict between this Agreement and information provided by Customer Service(s) or other portions of the UMAXX© Service(s) website, the terms of this Agreement will control.
Force Majeure
UMAXX© shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of UMAXX© that includes, but is not limited to, unforeseen circumstances or cause beyond UMAXX© control, such as, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE(S) AGREEMENT AND AGREE THAT MY USE OF THE UMAXX© SERVICE(S) WEBSITE AND TOOLS IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE(S) AGREEMENT.
UMAXX™ EQUIPMENT LEASE TO OWN AGREEMENT
Thank you for choosing UMAXX™! This Equipment Lease to Own Agreement (“ ELO ”) has important terms and conditions regarding your lease of equipment and option to own from UMAXX™ - a SuperCloud International, Inc. brand. By “ Equipment ,” we mean the UMAXX™ Set Top Box-Receiver(s), 5G FWA (Fixed Wireless Access), Home Gateway Devices, VPN Router(s), Remote Control(s), and any and all other related items and accessories you received from us, excluding the cabling, pursuant to your UMAXX™ order.
This ELO and its attached Schedule “A”, along with your agreement to the UMAXX™ online Terms of Service Agreement and the UMAXX™ Refund Policy that you received with your UMAXX™ Order Confirmation, comprise the terms of your services agreement with UMAXX™ (collectively all of these are referred to as your “ Service Agreement ” throughout this ELO). In the event any terms of this ELO conflict with or are inconsistent with the terms of the UMAXX™ Terms of Service Agreement and/or UMAXX™ Refund Policy, the terms of this ELO shall govern. This ELO applies to you, as the individual leasing the Equipment and subscriber to the UMAXX™ services described below and in your Service Agreement. The terms of this ELO shall be binding on and be the sole responsibility of you. You understand and agree that you are directly responsible for the Equipment and for the UMAXX™ services, including payments of the foregoing, irrespective of the entity that marketed any of these to you. You agree that you did not buy any of the Equipment, do not own any of the Equipment, and you must use and return all the Equipment as described in this ELO. You are not authorized and have no right to sell, sublease, lend, give away, transfer, assign, pledge, mortgage, alter or tamper with any of the Equipment or any of its parts or components. You accept this ELO by doing any of the following: (i) providing your written or electronic signature; (ii) activating service; (iii) paying for service; and/or (iv) using the service after making a change or addition that would require another ELO .
Part One of this ELO only applies to new and existing customers: (i) who decide to upgrade or add an additional UMAXX™ Set Top Box-Receiver(s) or ATSC 3.0 Dongle(s) and/or other media devices to their account; or (ii) who have completed their original programming term and swap like-for-like Set Top Box-receiver(s)/ATSC 3.0 Dongle(s) and/or other media devices (e.g., standard definition for standard definition, HD for HD, etc.) at no cost.If you received this ELO in connection with replacing like-for-like Set Top Box-Receiver(S)/ATSC 3.0 Dongle(s) and/or other media devices because of a defect, you are still bound by the Service Agreement and the Early Termination Fee provisions of your original Equipment Lease Agreement or Equipment Lease to Own Equipment Agreement, as applicable, as well as Part Two below, which applies to all customers. If you accepted an offer that does not require a programming term commitment, you are bound by Part Two only.
PART ONE:
PROGRAMMING AGREEMENT COMMITMENT Do I have a programming commitment? To keep costs down for you, we provide premium 5G FWA, Home Gateway devices, 5G Mobile Hotspots and Set Top Box-Receiver equipment and standard installation at a reduced cost. In exchange, we ask that you remain a customer for either 12, 24 or 36 months. Specifically, you agree that, within 30 days of getting the Equipment (either provided to you or installed professionally), you will activate your 5G FWA, Home Gateway devices, 5G Mobile Hotspots, Set Top Box-Receiver(S)/ATSC 3.0 Dongle(s) and/or other media devices and will subscribe to at least a base level of programming, valued at $69.99/mo. or above, which may consist of either (i) a UMAXX™ base programming package (English or Spanish language); or, (ii) a qualifying international language a la carte service bundled with either UMAXX PLUS™ or UMAXX XSTREAM™.Set Top Box w/Content starts at $69.99/mo. The minimum lease term is 12 months. At the end of your service term commitment, your service and Service Agreement will automatically continue on a month-to-month basis until such time that you cancel it or we terminate it, as we determine in our reasonable sole discretion, due to, for example, non-payment or any violation of your obligations under the Service Agreement or a violation of applicable law.
TERM COMMITMENT Do I have a term commitment? Yes,
12Months for existing customers who elect to have their Equipment shipped;
24 to 36 Months for all other customers.
THIS AGREEMENT TO MAINTAIN PROGRAMMING IS SEPARATE AND DIFFERENT FROM ANY OTHER AGREEMENT YOU MAY HAVE MADE WITH UMAXX™ AND IS FULLY ENFORCEABLE UNDER THESE TERMS.
RESTOCKING FEE (RF) . Can cancel my service?Yes, $199.00,
New & Existing Customers : The maximum fee is $199.00 for new customers. We prorate this fee, so for each month that you’ve fulfilled your programming term agreement, we deduct$8.30 for each said month.For example,new customers who have fulfilled 14 months of a 24-month agreement would see their RF reduced to $82.80 (i.e., $199.00 – [$8.30 x 14 months] = $82.80 ).
Right to Charge Fee Applicable to New& Existing Customers We reserve the right to charge this fee and or for any equipment that has not yet been paid for to the credit or debit card or bank account you have on file with us. We do not charge an RF if you decide to cancel your service early, so long as you maintain the base level of programming. However, uponcancellation of service,you are required to return theEquipment used in connectionwiththeseservicestoUMAXX™, as described in Part Two below, unless you qualify and exercise your option to purchase the Equipment by notifying us in writing at the time of cancellation
PART TWO:
MONTHLY FEES FOR UMAXX™ SET TOP BOX-RECEIVERS, ATSC 3.0 DONGLE(S) AND/OR OTHER MEDIA DEVICES Do I have to pay monthly Equipment fees? Yes, there is a fee of $9.99/mo. for each set top box-receiver and/or ATSC 3.0 Dongle(s) and/or other media devices on your account. If you have an All Included Package with up to 4 set top box-receivers, ATSC 3.0 Dongle(s) and/or other media devices, there are no additional fees on the first 4 devices except for the $9.99 per set top box, and $9.99/mo. for each thereafter. Fees are subject to change at any time. All 5G Internet Hardware such as FWA (Fixed Wireless Access), Home Gateway Devices and Mobile Hotspots are priced as low as $39.99 per month.
EQUIPMENT RETURN, NON-RETURN FEES What happens when I stop being a customer? If you cease to be our customer (whether voluntarily or involuntarily), you must contactUMAXX™ within seven (7) days of termination of your base level of programming to arrange for an Equipment return kit(s), and instructions on how to return all your Equipment (e.g., UMAXX™ Set Top Box-Receiver(s), ATSC 3.0 Dongle(s) and/or other media devices, 5G Internet Hardware such as FWA (Fixed Wireless Access), Home Gateway devices, and remote(s), as the case may be. All Equipment must be returned in good working order, normal wear and tear excepted. If we have not received your Equipment within 21 days of termination of your base level of programming, or if the Equipment is returned in damaged condition, we will charge you $199.00 for each standard UMAXX™ Set Top Box-Receiver, HD Set Top Box-Receiver, and each and for all 5G Internet Hardware such as FWA (Fixed Wireless Access) Home Gateway devices and Mobile Hotspots. To avoid these fees, please handle all Equipment with care during use and follow the return instructions promptly upon service termination. For all 5G Internet Hardware such as FWA (Fixed Wireless Access), Home Gateway devices and Mobile Hotspots, we will charge you the cost of your particular 5G device, which will either be $349.99, $419.99, $499.99, $599.99 or $699.99 depending on the hardware associated with your account. We reserve the right to charge these fees to the payment method we have on file for you (e.g., credit card, debit card or bank account). If you are leasing a DVR, HD or HD DVR Receiver and decide to terminate HD Access and/or any advanced Set Top Box-Receiver Service, as applicable, you agree to return such advanced Equipment (and replace with standard receiver(s) if you are not terminating your base level of programming) in accordance with this paragraph, or we will charge you the stated fees. Contact our Customer Service department at (866) 873-1399 for questions or additional details.
EQUIPMENT PURCHASE OPTION Certain customers may qualify for the option to purchase their leased Equipment at the end of their service term or upon cancellation of service. Eligibility for this purchase option is determined by us based on various factors, which may include but are not limited to: length of service, payment history, equipment type and condition, and current promotions or offers. If you believe you qualify and wish to exercise your right to purchase the Equipment, you must notify us at least ten (10) business days prior to the expiration of your service term, or at the time you request cancellation of your service. To notify us of your intent to purchase, contact our Customer Service department at (866) 873-1399. Upon receipt of your notification, we will review your account to determine your eligibility and, if you qualify, provide you with the purchase price for the Equipment, payment instructions and additional terms of purchase. We reserve the right to deny the purchase option in our sole discretion. If you do not notify us of your intent to purchase the Equipment as specified in this paragraph, you may forfeit your right to this option and will be required to return the Equipment as outlined in this ELO. Completion of the Equipment purchase is subject to full payment of the purchase price and any additional requirements communicated by us to you at the time of purchase. Upon completion of the purchase, ownership of the Equipment will transfer to you, and the Equipment lease provisions of this ELO will no longer apply. Please note that specific qualifications, pricing, and terms for the Equipment purchase option are subject to change at any time without notice and may vary based on individual circumstances. Contact our Customer Service department for the most up-to-date information regarding your eligibility and the current terms of this option.
LIMITED EQUIPMENT WARRANTY The Equipment provided to you is covered by a limited warranty from the manufacturer. Complete warranty information, including warranty registration, coverage and duration, will be provided with your Equipment upon delivery. Typically, manufacturers warrant their equipment to be free from defects in materials and workmanship under normal use for a specified period of time, which may vary depending on the specific equipment model. If you need to file a warranty claim, locate the warranty information provided with your Equipment and contact the manufacturer directly using the contact information provided in the warranty documentation. While we are not the warranty provider for any of the Equipment, our Customer Service department can assist you in identifying the correct manufacturer and locating your warranty information if needed. Please note this warranty information is general. Always refer to the specific warranty documentation provided with your Equipment for accurate and complete information regarding your warranty coverage.
WARRANTY AND LIABILITY DISCLAIMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY OF THE EQUIPMENT, INCLUDING ANY SOFTWARE UPDATES, WHICH ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS”. AS STATED ABOVE, ANY AND ALL WARRANTY CLAIMS YOU MAY HAVE WITH RESPECT TO ANY OF THE EQUIPMENT ARE THE SOLE RESPONSIBILITY OF THE MANUFACTURER OF THE EQUIPMENT AND NOT US. IN ADDITION, WE SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR ANY THIRD-PARTY CONTENT OR SERVICES ACCESSED THROUGH ANY OF THE EQUIPMENT. ALL SUCH DISCLAIMED WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ARE EXPRESSLY EXCLUDED. WE SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY SPECIAL, PUNITIVE, ENHANCED, EXEMPLARY, INCIDENTAL, INDIRECT OR ANY OTHER CONSEQUENTIAL DAMAGES, OR FOR THE LOSS OR INABILITY TO ACCESS OR USE ANY OF THE EQUIPMENT OR FOR ANY SECURITY INCIDENT AFFECTING THE EQUIPMENT (WHERE SUCH SECURITY INCIDENT IS THROUGH NO FAULT OF UMAXX™) ARISING OUT OF, CONCERNING, OR RELATING TO ANY OF THE EQUIPMENT; IN EACH CASE, REGARDLESS OF WHETHERWE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND US, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES, DAMAGES, AND/OR FOR THE ENTIRE COST OF ANY NECESSARY SERVICE OR REPAIR TO ANY OF THE EQUIPMENAND AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF ANY OF THE EQUIPMENT This disclaimer and limitations of liability shall apply to all damages, liabilities and other losses of any every kind, at law, in equity or otherwise whether by breach of contract, tort (including negligence) or any other claim or cause of action. Some jurisdictions do not allow for disclaimed or excluded implied warranties, so some or all of these may not apply to you. In any such jurisdiction, our total liability will be limited to the fullest extent permitted by applicable law.
FORCE MAJEURE We shall not be liable for any failure or delay for performance of any of the Equipment or our associated obligations under the Service Agreement, including, but not limited to, the provision, functionality, or maintenance of any of the Equipment where such failure or delay is caused by any event beyond our reasonable control, including, but not limited to: acts of God, natural disasters, or extreme weather conditions; war, terrorism, riots, or civil unrest; governmental actions or changes in laws or regulations, or regulatory restrictions; widespread power outages, internet service disruptions, or satellite signal interruptions; cybersecurity incidents, large-scale hacking attempts or other security incidents or breaches affecting any of the Equipment or related services; unexpected failures of critical third-party services, technologies, or components necessary for the Equipment; labor disputes, strikes or shortages affecting our suppliers; electromagnetic interference or solar flares disrupting satellite or terrestrial signal transmissions; unexpected delays or interruptions in 5G network rollout or coverage expansion; sudden changes in 5G standards or regulations affecting fixed wireless access equipment; shortages of critical components specific to 5G fixed wireless access equipment; or, manufacturing or supply chain disruptions or shortage affecting any of the Equipment or parts or components necessary for the Equipment (each, a “ Force Majeure Event ”). You understand that a Force Majeure Event may result in temporary service interruptions, reduced functionality of the Equipment, or delays in equipment delivery and repair. In the event of a Force Majeure Event, we will take commercially reasonable steps that are available, if any, to minimize the impact as soon as commercially practicable. This paragraph shall not excuse your payment obligations for services rendered or Equipment provided prior to a Force Majeure Event.
CUSTOMER SERVICE In the event your Equipment does not operate, or you have any other issues or questions, contact us at (866) 873-1399.
APPLICABLE LAW This ELO shall be governed by, and construed in accordance with, the internal laws of the State of Florida, without giving effect to any choice or conflict of law principles (whether the State of Florida or any other jurisdiction) that would cause the application of law of any jurisdiction other than those of the State of Florida.
ARBITRATION Any dispute, claim or controversy arising out of or relating to the Service Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Service Agreement to arbitrate, shall be determined by binding arbitration in the City of Fort Lauderdale, Broward County, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. In any arbitration arising out of or related to the Service Agreement, the arbitrator is not empowered to award any damages that are limited, excluded or otherwise disclaimed in the Service Agreement.
AUTOMATIC PAYMENT REAUTHORIZATION By accepting this ELO, you authorize us to automatically charge your chosen payment method (credit card, debit card or bank account) for your service fees, including monthly service charges, any additional fees or charges incurred (such as pay-per-view purchases or Equipment fees) and any applicable taxes. If you signed up for UMAXX™ service over the phone, online or through a retailer and enrolled in Auto Bill Pay, this serves as your confirmation and reauthorization of automatic payments. You are responsible for ensuring your payment method remains current and has sufficient funds to cover all charges.
BY SIGNING BELOW, I AGREE TO THE ABOVE TERMS AND CONDITIONS, EXPRESSLY AUTHORIZE UMAXX™, AT ITS SOLE OPTION, TO CHARGE ME THE FEES DESCRIBED ABOVE, REPRESENT AND WARRANT THAT I AM AT LEAST 18 YEARS OLD, AND THAT ALL INFORMATION SUPPLIED BY OR ABOUT ME IS ACCURATE AND COMPLETE.
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CUSTOMER
Signature: ________________ Print Name: _________________ Date: __________________
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SERVICE PROVIDER SUPERCLOUD INTERNATIONAL, INC.
Signature: _________________ Print Name: ________________ Title: _______________ Date: ________________ |
Contract No.: ________________________
| EQUIPMENT | |||
|---|---|---|---|
| Equipment Quantity | Equipment Description | Serial # | Supplier Name and Contact |
| _____ STB’s @ $9.99/mo. | [TBP] |
1515 S Federal Highway Suite 312, Boca Raton, FL 33432 |
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| UMAXX Service Starting @ $69.99 per month | TV Service level - | ||
| Netgear MR1100 - $599.00 | |||
| Netgear MR6150 - $699.00 | |||
| Vantiva Cobra 5 - $399.00 | |||
| Nokia FWA 12 - $499.00 | |||
| 5G INDOOR ROUTER FX2000 - $499.00 | |||
Protecting your private information is our priority. This Statement of Privacy applies to the operation of the UMAXX© Service(s) website by Supercloud International, Inc. (“UMAXX”), and governs data collection and usage.
The UMAXX© website is a news, information, entertainment and social site. By using the UMAXX© website (“UMAXX© website”), you consent to the data practices described in this statement.
Collection of your Personal Information
UMAXX© may collect personally identifiable information, such as:
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through UMAXX© public message board feature, this information may be collected and used by others. UMAXX© encourages you to review the privacy statements of websites you choose to link to from UMAXX© so that you can understand how those websites collect, use and share your information. UMAXX© is not responsible for the privacy statements or other content on websites outside of the UMAXX© website. Other users of your UMAXX© account will be able to access your information such as your watch history, ratings, reviews and account information (including your email address or other information in your account).
Thank you for shopping at UMAXX©
Please read this policy carefully. This is the Return and Refund Policy of UMAXX©
We issue refunds for digital products within 7 days of the original purchase of the product.
We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
If you have any questions about our Returns and Refunds Policy, please contact us:
Welcome to UMAXX® Powered by Supercloud International, Inc.
The umaxx Service(s) website is owned, operated, powered, and brought to you by Supercloud International, Inc. ( UMAXX® ). The umaxx Service(s) website is an entertainment, news, information and social site (" UMAXX® Service(s) website").
Summary
This is the official Terms of Service(s) Agreement ("Agreement" or "Terms") between you and UMAXX® for you to use the UMAXX® Service(s) website and is a legally binding agreement between you and UMAXX®. Please read the Agreement carefully before you access or use the UMAXX® Service(s) website. By clicking the “AGREE” button, at the end of this Agreement or on the website, you have agreed to be bound by this Agreement.
By using the UMAXX® Service(s) website, you agree that you will abide by the terms of the Agreement and any additional terms that govern certain products and/or Service(s) as may be presented on the UMAXX® Service(s) website. This Agreement will remain in full force and effect as long as you are a user of the website and/or a subscriber of a UMAXX® Service. In the event of the termination of your account, Service(s) or feature, you will still be bound by your obligations under this Agreement.
The word "user" in this Agreement means any individual (a "user"), directly or indirectly, does or attempts to access or use any function, Service(s) or feature of the UMAXX® Service(s) website. This Agreement does not grant users rights or responsibilities with respect to third party content, sites or links that may be accessible through the use of the UMAXX® Service(s) website. Unless otherwise noted in this Agreement and to the maximum extent allowed by law, you may not access or use the UMAXX® Service(s) if you are under the age of 13 or if you are not able to legally enter into this Agreement under the laws of UMAXX®. This Agreement applies regardless of whether you access the Service(s) through a computer, mobile device, tablet, smart TV, gaming console or any other technology or device now known or hereafter developed or discovered (each, a "Device").
The Service(s)
The word “Service(s)” in this Agreement means the 5G internet Service(s) access that are presented on the UMAXX® Service(s) website. The Service(s) is for the sole personal and non-commercial use of the user.
During your subscription, UMAXX® grants you a limited, non-exclusive, non-transferable, license to access the Service(s). You agree to use the Service(s) in accordance with all applicable laws and this Agreement.
The number of Devices on which you may simultaneously use the Service(s) is limited to your subscription information. You can change the subscription information on the “Log In” page to set the number of Devices on which you may use simultaneously the Service(s).
This Agreement may change the Service(s). UMAXX® reserves the right in its sole and absolute discretion to make changes from time to time and without notice of how UMAXX® offers and operates the Service(s). When you use the Service(s), you represent and warrant you are 18+ and made a part of this Agreement. UMAXX® Privacy Policy governs data collection and usage in connection with providing you the Service(s). Your use of the Service(s) constitutes your acceptance of the UMAXX® Privacy Policy. UMAXX® Privacy Policy is under the Privacy Tab on the UMAXX® Service(s) website. UMAXX® makes no representations or warranties about the quality of the Device that you choose to use to experience the Service(s). UMAXX® may terminate or restrict your use of the Service(s), without compensation or notice if you are, or if UMAXX® suspects that you are (i) in violation of this Agreement or (ii) engaged in illegal or improper use of the Service(s).
Eligibility to Use the Service(s)
You must be 18 years of age or older to subscribe to the Service(s). In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the Service(s), they may do so only with the involvement, supervision, and/or approval of a parent or legal guardian. If you are under the age of eighteen, you must ask your parent or guardian to use this website.
All registration information you submit to the UMAXX® Service(s) website must be truthful and accurate.
If you provide information that is untrue, inaccurate, not current or incomplete, UMAXX® has the right to suspend or terminate your subscription (in whole or in part) and refuse any and all current or future use of the Service(s) (or any portion thereof), in the sole discretion of UMAXX®, with or without notice to you, and without liability or obligation to you or any third party.
If you do not meet the eligibility requirements or, if for any reason, you do not agree with all of the terms of this Agreement, you must immediately discontinue accessing or using the Service(s) and you may not access or use the UMAXX® Service(s) website at any time in the future.
Proprietary Rights
UMAXX® and its licensors, solely and exclusively, own or control all right, title and interest in the UMAXX® website and the content you experience as the user including copyright, trademark, and patents (the “Proprietary Rights”). All Proprietary Rights are protected under U.S. Federal, State and international law.
The Service(s) are noncommercial, non-exclusive, non-assignable, non-transferable and limited to personal use only, and for no other purpose. Any unauthorized or prohibited use of any content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. UMAXX® will enforce aggressively, to the fullest extent of the law, any such unauthorized use.
Acceptance of the Terms
You are licensed to use the Service(s) pursuant to this Agreement. Your access to and use of the Service(s) is conditioned on your acceptance of and compliance with this Agreement. By accessing or using the Service(s) you agree to be bound by this Agreement. By clicking the “AGREE” button, at the end of this Agreement or on the website, you have agreed to be bound by this Agreement.
Changes to the Terms
UMAXX® has the sole and absolute discretion to change and update this Agreement and reserves the right to do so without notice to you. Unless otherwise stated, changes to this Agreement are made immediately effective and represent the current version of this Agreement. The current version of this Agreement supersedes previous versions. Your continued access to and use of the Service(s) establishes that you agree to be bound by the current version of this Agreement. If you reject or do not agree with the changes or updates to this Agreement or any part of the current Agreement, you must not access or use the Service(s).
Authorized Jurisdictions
The Service(s) are available in the United States and its territories (each, an "Authorized Jurisdiction", and collectively, the "Authorized Jurisdictions"). UMAXX® may add or remove countries and/or territories from the list of Authorized Jurisdictions at any time and without any notice, liability, or obligation to you with respect to each such territory.
Intellectual Property: Copyright, Trademark, Patent
UMAXX® is granting you, upon using the Service(s) pursuant to this Agreement, a strictly limited license to use its intellectual property, namely its copyrights, trademarks and patents and those of its licensors (“Intellectual Property”) and then only in connection with your authorized use of the Service(s) under this Agreement. The copyright to the content included in or made available through the Service(s) is the property of UMAXX® or its content suppliers. Graphics, logos, page headers, button icons, scripts, and Service(s) names included in or made available through the Service(s) are trademarks or trade dress of UMAXX®. All other trademarks not owned by UMAXX® that appear in the Service(s) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UMAXX®. The UMAXX® website operations are pursuant to patented or patent pending licensed authority. The Intellectual Property of UMAXX® is protected by United States and international law and is available only for your use of the Service(s) on the UMAXX® website pursuant and subject to the terms of this Agreement as aforesaid.
Privacy & Cookies
Personally identifying information is subject to the Privacy Policy of UMAXX®, the terms of which are incorporated herein. Cookies are small text files that are placed on your computer or device by the websites that you visit. They are widely used in order to make websites work and to provide information to the owner of the website. Please review the Privacy Policy of UMAXX® to understand the privacy practices and use of cookies.
Passwords & Account Access
The user who created the account and whose payment method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the UMAXX® account. The Account Owner’s control is exercised through use of the Account Owner’s password. To maintain exclusive control, the Account Owner should not reveal the password to anyone. if the Account Owner wishes to prohibit others from contacting UMAXX© Customer Service(s) (See Customer Service(s) and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the user’s account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your user account.
In order to provide you with ease of access to your account and to help administer the Service(s), UMAXX® implements technology that enables UMAXX® to recognize you as the Account Owner. This process provides you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Service(s). This includes access via UMAXX® ready devices, compatible devices or website.
BY SHARING THE SERVICE(S) PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the UMAXX® website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
UMAXX® reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent or other illegal activity. UMAXX® is not obligated to credit or discount a membership for holds placed on the account by either a representative of UMAXX® or by the automated processes of UMAXX®.
Use of Information Submitted
UMAXX® may use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to the Service(s), including the UMAXX® Service(s) website and user interfaces (“Feedback”), or may use any content you may create through the UMAXX® social chat feature (“Chat”) (collectively the “Information Submitted”). UMAXX® may use the Information Submitted without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service(s). In addition, you agree not to enforce any “moral rights” in and to Feedback or Chat, to the extent permitted by applicable law.
Subscription
Ongoing Subscription. Your subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription or UMAXX® terminates it. You must have Internet access and provide UMAXX® with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Service(s). UMAXX® will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method.
Differing Subscriptions. UMAXX© may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. UMAXX© reserves the right to modify, terminate or otherwise amend the UMAXX© offered subscription plans.
Free Trials
Your subscription may start with a free trial if one is being offered by UMAXX©. The free trial period of your subscription lasts for seven (7) days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former subscribers only. The Service(s) reserves the right, in its absolute discretion, to determine your free trial eligibility.
UMAXX© will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit the UMAXX© Service(s) website and click the “login” link at the top of any UMAXX© Service(s) website page to go to your account details. UMAXX© may authorize your Payment Method through various methods, including authorizing it up to approximately one month of Service(s) as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. CLICK THE "LOGIN" LINK AT THE TOP OF ANY UMAXX© SERVICE(S) WEBSITE PAGE TO GO TO YOUR ACCOUNT AND FIND CANCELLATION INSTRUCTIONS. UMAXX© will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.
Billing
Recurring Billing. By starting your subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Service(s) to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Restocking Fee (“RSF”).
In an effort to keep our rates as low as possible for our valued subscribers, your Service(s) to the UMAXX© experience assumes you will be enjoying our product for at least a 12-month timeframe in order for us to cover the cost of the hardware. The purchase price of the hardware is included in your Service(s) with NO UPFRONT Out-Of-Pocket expense to you unless you chose to buy it upfront and outright. If you cancel your Service(s) to UMAXX© before you have completed the 12th month, you may be subject to a Restocking Fee (“RF”).
Price Changes. UMAXX© reserves the right to adjust pricing for the Service(s) or any components thereof in any manner and at any time as UMAXX© may determine in the sole and absolute discretion of UMAXX©. Except as otherwise expressly provided for in these terms; any price changes to your Service(s) will take immediate effect following notice to you.
Billing Cycle. The subscription fee for the Service(s) will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. UMAXX© will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. UMAXX© reserves the right to change the timing of the billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, UMAXX© may bill your Payment Method on a day in the applicable month or such other day as UMAXX© deems appropriate. For example, if you started your subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and click on the "Log In" link to go to your Account page to see the commencement date for your next renewal period. UMAXX© may authorize your Payment Method in anticipation of subscription or Service(s) - related charges. As used in these Terms, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service(s) through the end of your current billing period. At any time, and for any reason, UMAXX© may provide a refund, discount, or other consideration to some or all of the UMAXX© subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at the sole and absolute discretion of UMAXX©. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting the UMAXX© Service(s) website and clicking on the "Log In" link, available at the top of the pages of the UMAXX© Website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for the Service(s) using your account with a third party (i.e., Facebook or Twitter) as a Payment Method, and wish to cancel your subscription at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the UMAXX© Service(s). You may also find billing information about your subscription by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method Service(s) provider for details.
Cancellation. You may cancel your subscription at any time, and you will continue to have access to the Service(s) through the end of your monthly billing period. UMAXX© DOES NOT PROVIDE REFUNDS. To cancel, go to the "Log In" page on the UMAXX© Website and follow the instructions for cancellation.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS UMAXX© SERVICE(S) SITE AND/OR UMAXX.TV INTERACTIVE SERVICE(S) IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICE(S), INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS UMAXX© SERVICE(S) SITE OR UMAXX© INTERACTIVE SERVICE(S) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. UMAXX© MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS UMAXX© SERVICE(S) SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS UMAXX.TV SERVICE(S) (S) SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UMAXX.TV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. UMAXX© DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS UMAXX© SERVICE(S) SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS UMAXX© SERVICE(S) SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. UMAXX.TV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS UMAXX© SERVICE(S) SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICE(S), INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
UMAXX© IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF SUBSCRIPTION OR OTHER ORDERS OR UMAXX.TV INTERACTIVE SERVICE(S), OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, UMAXX© LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall UMAXX© its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this UMAXX© Service(s) Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this UMAXX© Service(s) Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any Service(s); (v) errors or inaccuracies contained on this UMAXX© Service(s) Website or any information, software, products, Service(s), and related graphics obtained through this UMAXX© Service(s) Website; (vi) any transactions entered into through this UMAXX© Service(s) Website; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this UMAXX© Service(s) Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this UMAXX© Service(s) Website or the Service(s). The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if UMAXX© has been advised of the possibility of damages.
Indemnification
You agree to indemnify and hold harmless UMAXX© , its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, additional terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this UMAXX© Service(s) website or the Service(s). You agree to cooperate fully with UMAXX© in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
Governing Law and Disputes
Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Florida, excluding its choice-of-law principles.
Applicability of Section. The terms of this section will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Service(s), subject only to the following exceptions: (1) if UMAXX© reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, UMAXX© may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court under the laws of the State of Florida, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the required Informal Resolution procedure (See “Informal Resolution”). Furthermore, in no event will the terms of this section limit UMAXX© ability to investigate complaints or reported violations of this Agreement, or to take any action UMAXX© deems necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as rights holders.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Service(s), you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If UMAXX© does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement (See “Arbitration Agreement”).
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service(s), must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.
Customer Service(s)
If you need assistance with your account, click on the "Help" link at the bottom right-hand corner of the UMAXX© Service(s) website at any time and you will be directed to customer Service(s) (“Customer Service(s)”. There you will find the answers to many frequently asked questions and information on reaching a Customer Service(s) representative. In certain instances, Customer Service(s) may best be able to assist you by using a remote access support tool through which UMAXX© has full access to your device and account activity. UMAXX© will assist you through the means of support you select. By selecting a support tool, you are consenting to access from UMAXX© to you and your devices as is applicable through that support tool. You should not select a support tool if you do not consent to a Customer Service(s) representative having access to you and your devices as is applicable through that support tool. In the event of any conflict between this Agreement and information provided by Customer Service(s) or other portions of the UMAXX© Service(s) website, the terms of this Agreement will control.
Force Majeure
UMAXX© shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of UMAXX© that includes, but is not limited to, unforeseen circumstances or cause beyond UMAXX© control, such as, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE(S) AGREEMENT AND AGREE THAT MY USE OF THE UMAXX© SERVICE(S) WEBSITE AND TOOLS IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE(S) AGREEMENT.
UMAXX™ EQUIPMENT LEASE TO OWN AGREEMENT
Thank you for choosing UMAXX™! This Equipment Lease to Own Agreement (“ ELO ”) has important terms and conditions regarding your lease of equipment and option to own from UMAXX™ - a SuperCloud International, Inc. brand. By “ Equipment ,” we mean the UMAXX™ Set Top Box-Receiver(s), 5G FWA (Fixed Wireless Access), Home Gateway Devices, VPN Router(s), Remote Control(s), and any and all other related items and accessories you received from us, excluding the cabling, pursuant to your UMAXX™ order.
This ELO and its attached Schedule “A”, along with your agreement to the UMAXX™ online Terms of Service Agreement and the UMAXX™ Refund Policy that you received with your UMAXX™ Order Confirmation, comprise the terms of your services agreement with UMAXX™ (collectively all of these are referred to as your “ Service Agreement ” throughout this ELO). In the event any terms of this ELO conflict with or are inconsistent with the terms of the UMAXX™ Terms of Service Agreement and/or UMAXX™ Refund Policy, the terms of this ELO shall govern. This ELO applies to you, as the individual leasing the Equipment and subscriber to the UMAXX™ services described below and in your Service Agreement. The terms of this ELO shall be binding on and be the sole responsibility of you. You understand and agree that you are directly responsible for the Equipment and for the UMAXX™ services, including payments of the foregoing, irrespective of the entity that marketed any of these to you. You agree that you did not buy any of the Equipment, do not own any of the Equipment, and you must use and return all the Equipment as described in this ELO. You are not authorized and have no right to sell, sublease, lend, give away, transfer, assign, pledge, mortgage, alter or tamper with any of the Equipment or any of its parts or components. You accept this ELO by doing any of the following: (i) providing your written or electronic signature; (ii) activating service; (iii) paying for service; and/or (iv) using the service after making a change or addition that would require another ELO .
Part One of this ELO only applies to new and existing customers: (i) who decide to upgrade or add an additional UMAXX™ Set Top Box-Receiver(s) or ATSC 3.0 Dongle(s) and/or other media devices to their account; or (ii) who have completed their original programming term and swap like-for-like Set Top Box-receiver(s)/ATSC 3.0 Dongle(s) and/or other media devices (e.g., standard definition for standard definition, HD for HD, etc.) at no cost.If you received this ELO in connection with replacing like-for-like Set Top Box-Receiver(S)/ATSC 3.0 Dongle(s) and/or other media devices because of a defect, you are still bound by the Service Agreement and the Early Termination Fee provisions of your original Equipment Lease Agreement or Equipment Lease to Own Equipment Agreement, as applicable, as well as Part Two below, which applies to all customers. If you accepted an offer that does not require a programming term commitment, you are bound by Part Two only.
PART ONE:
PROGRAMMING AGREEMENT COMMITMENT Do I have a programming commitment? To keep costs down for you, we provide premium 5G FWA, Home Gateway devices, 5G Mobile Hotspots and Set Top Box-Receiver equipment and standard installation at a reduced cost. In exchange, we ask that you remain a customer for either 12, 24 or 36 months. Specifically, you agree that, within 30 days of getting the Equipment (either provided to you or installed professionally), you will activate your 5G FWA, Home Gateway devices, 5G Mobile Hotspots, Set Top Box-Receiver(S)/ATSC 3.0 Dongle(s) and/or other media devices and will subscribe to at least a base level of programming, valued at $69.99/mo. or above, which may consist of either (i) a UMAXX™ base programming package (English or Spanish language); or, (ii) a qualifying international language a la carte service bundled with either UMAXX PLUS™ or UMAXX XSTREAM™.Set Top Box w/Content starts at $69.99/mo. The minimum lease term is 12 months. At the end of your service term commitment, your service and Service Agreement will automatically continue on a month-to-month basis until such time that you cancel it or we terminate it, as we determine in our reasonable sole discretion, due to, for example, non-payment or any violation of your obligations under the Service Agreement or a violation of applicable law.
TERM COMMITMENT Do I have a term commitment? Yes,
12Months for existing customers who elect to have their Equipment shipped;
24 to 36 Months for all other customers.
THIS AGREEMENT TO MAINTAIN PROGRAMMING IS SEPARATE AND DIFFERENT FROM ANY OTHER AGREEMENT YOU MAY HAVE MADE WITH UMAXX™ AND IS FULLY ENFORCEABLE UNDER THESE TERMS.
RESTOCKING FEE (RF) . Can cancel my service?Yes, $199.00,
New & Existing Customers : The maximum fee is $199.00 for new customers. We prorate this fee, so for each month that you’ve fulfilled your programming term agreement, we deduct$8.30 for each said month.For example,new customers who have fulfilled 14 months of a 24-month agreement would see their RF reduced to $82.80 (i.e., $199.00 – [$8.30 x 14 months] = $82.80 ).
Right to Charge Fee Applicable to New& Existing Customers We reserve the right to charge this fee and or for any equipment that has not yet been paid for to the credit or debit card or bank account you have on file with us. We do not charge an RF if you decide to cancel your service early, so long as you maintain the base level of programming. However, uponcancellation of service,you are required to return theEquipment used in connectionwiththeseservicestoUMAXX™, as described in Part Two below, unless you qualify and exercise your option to purchase the Equipment by notifying us in writing at the time of cancellation
PART TWO:
MONTHLY FEES FOR UMAXX™ SET TOP BOX-RECEIVERS, ATSC 3.0 DONGLE(S) AND/OR OTHER MEDIA DEVICES Do I have to pay monthly Equipment fees? Yes, there is a fee of $9.99/mo. for each set top box-receiver and/or ATSC 3.0 Dongle(s) and/or other media devices on your account. If you have an All Included Package with up to 4 set top box-receivers, ATSC 3.0 Dongle(s) and/or other media devices, there are no additional fees on the first 4 devices except for the $9.99 per set top box, and $9.99/mo. for each thereafter. Fees are subject to change at any time. All 5G Internet Hardware such as FWA (Fixed Wireless Access), Home Gateway Devices and Mobile Hotspots are priced as low as $39.99 per month.
EQUIPMENT RETURN, NON-RETURN FEES What happens when I stop being a customer? If you cease to be our customer (whether voluntarily or involuntarily), you must contactUMAXX™ within seven (7) days of termination of your base level of programming to arrange for an Equipment return kit(s), and instructions on how to return all your Equipment (e.g., UMAXX™ Set Top Box-Receiver(s), ATSC 3.0 Dongle(s) and/or other media devices, 5G Internet Hardware such as FWA (Fixed Wireless Access), Home Gateway devices, and remote(s), as the case may be. All Equipment must be returned in good working order, normal wear and tear excepted. If we have not received your Equipment within 21 days of termination of your base level of programming, or if the Equipment is returned in damaged condition, we will charge you $199.00 for each standard UMAXX™ Set Top Box-Receiver, HD Set Top Box-Receiver, and each and for all 5G Internet Hardware such as FWA (Fixed Wireless Access) Home Gateway devices and Mobile Hotspots. To avoid these fees, please handle all Equipment with care during use and follow the return instructions promptly upon service termination. For all 5G Internet Hardware such as FWA (Fixed Wireless Access), Home Gateway devices and Mobile Hotspots, we will charge you the cost of your particular 5G device, which will either be $349.99, $419.99, $499.99, $599.99 or $699.99 depending on the hardware associated with your account. We reserve the right to charge these fees to the payment method we have on file for you (e.g., credit card, debit card or bank account). If you are leasing a DVR, HD or HD DVR Receiver and decide to terminate HD Access and/or any advanced Set Top Box-Receiver Service, as applicable, you agree to return such advanced Equipment (and replace with standard receiver(s) if you are not terminating your base level of programming) in accordance with this paragraph, or we will charge you the stated fees. Contact our Customer Service department at (866) 873-1399 for questions or additional details.
EQUIPMENT PURCHASE OPTION Certain customers may qualify for the option to purchase their leased Equipment at the end of their service term or upon cancellation of service. Eligibility for this purchase option is determined by us based on various factors, which may include but are not limited to: length of service, payment history, equipment type and condition, and current promotions or offers. If you believe you qualify and wish to exercise your right to purchase the Equipment, you must notify us at least ten (10) business days prior to the expiration of your service term, or at the time you request cancellation of your service. To notify us of your intent to purchase, contact our Customer Service department at (866) 873-1399. Upon receipt of your notification, we will review your account to determine your eligibility and, if you qualify, provide you with the purchase price for the Equipment, payment instructions and additional terms of purchase. We reserve the right to deny the purchase option in our sole discretion. If you do not notify us of your intent to purchase the Equipment as specified in this paragraph, you may forfeit your right to this option and will be required to return the Equipment as outlined in this ELO. Completion of the Equipment purchase is subject to full payment of the purchase price and any additional requirements communicated by us to you at the time of purchase. Upon completion of the purchase, ownership of the Equipment will transfer to you, and the Equipment lease provisions of this ELO will no longer apply. Please note that specific qualifications, pricing, and terms for the Equipment purchase option are subject to change at any time without notice and may vary based on individual circumstances. Contact our Customer Service department for the most up-to-date information regarding your eligibility and the current terms of this option.
LIMITED EQUIPMENT WARRANTY The Equipment provided to you is covered by a limited warranty from the manufacturer. Complete warranty information, including warranty registration, coverage and duration, will be provided with your Equipment upon delivery. Typically, manufacturers warrant their equipment to be free from defects in materials and workmanship under normal use for a specified period of time, which may vary depending on the specific equipment model. If you need to file a warranty claim, locate the warranty information provided with your Equipment and contact the manufacturer directly using the contact information provided in the warranty documentation. While we are not the warranty provider for any of the Equipment, our Customer Service department can assist you in identifying the correct manufacturer and locating your warranty information if needed. Please note this warranty information is general. Always refer to the specific warranty documentation provided with your Equipment for accurate and complete information regarding your warranty coverage.
WARRANTY AND LIABILITY DISCLAIMER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY OF THE EQUIPMENT, INCLUDING ANY SOFTWARE UPDATES, WHICH ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS”. AS STATED ABOVE, ANY AND ALL WARRANTY CLAIMS YOU MAY HAVE WITH RESPECT TO ANY OF THE EQUIPMENT ARE THE SOLE RESPONSIBILITY OF THE MANUFACTURER OF THE EQUIPMENT AND NOT US. IN ADDITION, WE SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR ANY THIRD-PARTY CONTENT OR SERVICES ACCESSED THROUGH ANY OF THE EQUIPMENT. ALL SUCH DISCLAIMED WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ARE EXPRESSLY EXCLUDED. WE SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY SPECIAL, PUNITIVE, ENHANCED, EXEMPLARY, INCIDENTAL, INDIRECT OR ANY OTHER CONSEQUENTIAL DAMAGES, OR FOR THE LOSS OR INABILITY TO ACCESS OR USE ANY OF THE EQUIPMENT OR FOR ANY SECURITY INCIDENT AFFECTING THE EQUIPMENT (WHERE SUCH SECURITY INCIDENT IS THROUGH NO FAULT OF UMAXX™) ARISING OUT OF, CONCERNING, OR RELATING TO ANY OF THE EQUIPMENT; IN EACH CASE, REGARDLESS OF WHETHERWE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND US, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES, DAMAGES, AND/OR FOR THE ENTIRE COST OF ANY NECESSARY SERVICE OR REPAIR TO ANY OF THE EQUIPMENAND AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF ANY OF THE EQUIPMENT This disclaimer and limitations of liability shall apply to all damages, liabilities and other losses of any every kind, at law, in equity or otherwise whether by breach of contract, tort (including negligence) or any other claim or cause of action. Some jurisdictions do not allow for disclaimed or excluded implied warranties, so some or all of these may not apply to you. In any such jurisdiction, our total liability will be limited to the fullest extent permitted by applicable law.
FORCE MAJEURE We shall not be liable for any failure or delay for performance of any of the Equipment or our associated obligations under the Service Agreement, including, but not limited to, the provision, functionality, or maintenance of any of the Equipment where such failure or delay is caused by any event beyond our reasonable control, including, but not limited to: acts of God, natural disasters, or extreme weather conditions; war, terrorism, riots, or civil unrest; governmental actions or changes in laws or regulations, or regulatory restrictions; widespread power outages, internet service disruptions, or satellite signal interruptions; cybersecurity incidents, large-scale hacking attempts or other security incidents or breaches affecting any of the Equipment or related services; unexpected failures of critical third-party services, technologies, or components necessary for the Equipment; labor disputes, strikes or shortages affecting our suppliers; electromagnetic interference or solar flares disrupting satellite or terrestrial signal transmissions; unexpected delays or interruptions in 5G network rollout or coverage expansion; sudden changes in 5G standards or regulations affecting fixed wireless access equipment; shortages of critical components specific to 5G fixed wireless access equipment; or, manufacturing or supply chain disruptions or shortage affecting any of the Equipment or parts or components necessary for the Equipment (each, a “ Force Majeure Event ”). You understand that a Force Majeure Event may result in temporary service interruptions, reduced functionality of the Equipment, or delays in equipment delivery and repair. In the event of a Force Majeure Event, we will take commercially reasonable steps that are available, if any, to minimize the impact as soon as commercially practicable. This paragraph shall not excuse your payment obligations for services rendered or Equipment provided prior to a Force Majeure Event.
CUSTOMER SERVICE In the event your Equipment does not operate, or you have any other issues or questions, contact us at (866) 873-1399.
APPLICABLE LAW This ELO shall be governed by, and construed in accordance with, the internal laws of the State of Florida, without giving effect to any choice or conflict of law principles (whether the State of Florida or any other jurisdiction) that would cause the application of law of any jurisdiction other than those of the State of Florida.
ARBITRATION Any dispute, claim or controversy arising out of or relating to the Service Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Service Agreement to arbitrate, shall be determined by binding arbitration in the City of Fort Lauderdale, Broward County, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. In any arbitration arising out of or related to the Service Agreement, the arbitrator is not empowered to award any damages that are limited, excluded or otherwise disclaimed in the Service Agreement.
AUTOMATIC PAYMENT REAUTHORIZATION By accepting this ELO, you authorize us to automatically charge your chosen payment method (credit card, debit card or bank account) for your service fees, including monthly service charges, any additional fees or charges incurred (such as pay-per-view purchases or Equipment fees) and any applicable taxes. If you signed up for UMAXX™ service over the phone, online or through a retailer and enrolled in Auto Bill Pay, this serves as your confirmation and reauthorization of automatic payments. You are responsible for ensuring your payment method remains current and has sufficient funds to cover all charges.
BY SIGNING BELOW, I AGREE TO THE ABOVE TERMS AND CONDITIONS, EXPRESSLY AUTHORIZE UMAXX™, AT ITS SOLE OPTION, TO CHARGE ME THE FEES DESCRIBED ABOVE, REPRESENT AND WARRANT THAT I AM AT LEAST 18 YEARS OLD, AND THAT ALL INFORMATION SUPPLIED BY OR ABOUT ME IS ACCURATE AND COMPLETE.
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CUSTOMER
Signature: ________________ Print Name: _________________ Date: __________________
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SERVICE PROVIDER SUPERCLOUD INTERNATIONAL, INC.
Signature: _________________ Print Name: ________________ Title: _______________ Date: ________________ |
Contract No.: ________________________
| EQUIPMENT | |||
|---|---|---|---|
| Equipment Quantity | Equipment Description | Serial # | Supplier Name and Contact |
| _____ STB’s @ $9.99/mo. | [TBP] |
1515 S Federal Highway Suite 312, Boca Raton, FL 33432 |
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| UMAXX Service Starting @ $69.99 per month | TV Service level - | ||
| Netgear MR1100 - $599.00 | |||
| Netgear MR6150 - $699.00 | |||
| Vantiva Cobra 5 - $399.00 | |||
| Nokia FWA 12 - $499.00 | |||
| 5G INDOOR ROUTER FX2000 - $499.00 | |||