User Services Agreement
THIS USER SERVICES AGREEMENT (“Agreement”) is entered into between Pavlov Media Inc., a Delaware Corporation, with offices at 601 North Country Fair Drive, Champaign, Illinois 61821 (“Pavlov Media”), and the individual user (“User”) as of the date indicated by your acceptance of these terms for Pavlov Media to provide certain Internet Access Services (services, equipment, and/or software; hereinafter referred to as “IAS”, and defined below in Section 1.4) to the User’s residential unit (the “Unit”; described below). User’s Unit is part of a larger real estate development (hereinafter referred to as the “Property”) and User understands Pavlov Media is under contract to owner of Property for certain terms and conditions associated with providing the IAS. For the purposes of this Agreement, User’s Unit is defined by the same language and terms contained in User’s lease with the Property including but not limited to a single bed in a student housing property to a multiple-bedroom apartment or condominium. Any references in this Agreement to “computer” or “PC” or “network device” are to be understood to include any model of desktop computer, laptop computer, handheld computing device, game console, router, or any other device capable of accessing or connecting to the Local Area Network (LAN).
The IAS are provided to User under the following terms and conditions (“Terms and Conditions”):
Section 1. Services Provided
1.1 Use of IAS. Subject to the compliance by User with all Terms and Conditions of this Agreement, and in exchange for the payment of subscription fees where applicable promptly when due, Pavlov Media will provide IAS to User. IAS includes only those features described in Section 1.4 and as described in Property-specific marketing materials available at the time of enrollment. No other special services are implied or included unless specified in writing by Pavlov Media during the time of enrollment as part of User’s Property-specific service plan (the “Service Plan”). User may subscribe for IAS from Pavlov Media only during the period of their lease at the Property. Pavlov Media reserves the right to, and User understands Pavlov Media will, permanently delete, and/or make inactive, any and all IAS account information, email, contacts, documents, and/or any data stored or used by User associated with IAS within 24 hours of the termination of User’s lease with Property (annually in student housing properties), or termination of IAS by User or Pavlov Media, in accordance with Sections 4.1(b) and 4.1(c), respectively. Additionally, once a User’s IAS account has been terminated in accordance with the Terms and Conditions of this Agreement, Pavlov Media may immediately make available for future use to other Users the Username and Pavlov Media email address(s) previously used by User.
1.2 Use of Pavlov Media Email. If User’s Service Plan includes Pavlov Media email, User shall have the right to store up to and including ten Megabytes (10MB) of email data, per Pavlov Media email address, on the Pavlov Media server(s) (“Free Storage Amount”). The Free Storage Amount is allocated per email address and is not cumulative. User can purchase a maximum of four (4) additional email addresses per IAS account (i.e., maximum total of five (5) email addresses per User; one (1) email address with initial enrollment plus four (4) additional email addresses). User can also purchase additional storage space for each email address in 10MB increments, up to a maximum of 40 additional MB per email account (i.e., maximum of 50MB total; 10MB with initial email address plus four 10MB increments per email address).
1.3 Technical and Administrative Support. During the term of this Agreement Pavlov Media shall provide technical and administrative support via telephone to User during the hours indicated at www.pavlovmedia.com. Pavlov Media reserves the right to adjust and/ or reduce these hours at its sole discretion at any time without prior notice to User. The technical support telephone number is 1-888-472-8568. The technical support provided by Pavlov Media applies strictly and specifically to the products and services provided by Pavlov Media (i.e., the IAS). Pavlov Media is not responsible for the functionality of the User’s PC or the building infrastructure, including, but not limited to, wiring, wall plates, and patch panels that were installed and/or maintained by building owner, and will not provide technical support related solely to User’s PC. Furthermore, User agrees to treat Pavlov Media support personnel with normal courtesy and respect in all interactions and acknowledges that repeated episodes (i.e., more than one) of disrespectful, abusive, argumentative, disruptive or similar behaviors directed towards Pavlov Media support personnel, in the sole discretion and judgment of Pavlov Media, will result in the termination of support services to User. Under these circumstances, if Pavlov Media restricts or terminates support services to User, User acknowledges and agrees that no credits, refunds, or discounts will be provided to User as a result of these actions and all other Terms and Conditions of this Agreement remain in full force and effect.
1.4 Scope of IAS. The term “IAS” as used throughout this Agreement shall include all services and equipment provided by or through Pavlov Media, and as associated to User’s Property-specific Service Plan. Examples of these services (although not necessarily available at all Properties) include Internet access, separately hosted Web space, Pavlov Media email addresses and storage, and technical support. Special services or features, including but not limited to, use of “peer-to-peer” filing sharing services, virtual private networks (VPNs), capability to FTP or game to sites on the Internet, capability to connect in an exclusive manner to other users on the network (i.e., virtual LAN, or VLAN), or obtain additional bandwidth allocation may be available, but are not included in the IAS unless specifically stated in this Agreement or specified in writing as part of the User’s Service Plan during enrollment. IAS are subject to change over time and are only guaranteed to remain unchanged for the current Term (“Term” defined in Section 4.1(a)), or for the duration of a defined period if User has selected an IAS Service Plan that includes a minimum period of enrollment. User acknowledges and agrees that Pavlov Media may change this Agreement, any and all conditions, product names and/or prices, and product offerings of a given Service Plan upon 10 days notification and announcement at the Property. Pavlov Media has no obligation to monitor the LAN. However, User agrees and acknowledges that Pavlov Media, its affiliates, or its contractors, has the right to monitor the LAN electronically and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate its services properly, or to protect itself or its residents
1.5 Limitation of IAS. With respect to any software and documentation provided under this Agreement, such software and documentation are provided to User for use only (I) with the IAS offered by Pavlov Media in conjunction with the distribution of such software and documentation and (ii) in accordance with the Terms and Conditions of this Agreement. No right or license is granted to use the software or documentation with any other Internet access or other network service. User expressly acknowledges that Pavlov Media reserves and shall have the right to discontinue any and all IAS to User at any time, without prior notice or liability, for any conduct which Pavlov Media, in its sole discretion, determines to violate the Agreement or is otherwise harmful to Pavlov Media’s interests or the interest of others. IAS are furnished for User use only and not for resale or commercial purposes.
Section 2. User’s Obligations
2.1 User definition. A User is defined as any resident, agent, or third-party that accesses the network at the site. By accessing the network, User agrees to be bound by the Terms and Conditions of this Agreement. User agrees to provide Pavlov Media with accurate and valid identification and contact information during initial registration for the IAS and to take reasonable measures to keep Pavlov Media informed of any changes to these data.
2.2 Software and Hardware. User shall, at his/her sole cost and expense, procure and maintain the hardware, software, and cabling and ancillary components for User’s PC (or PCs) and related equipment (“User’s PCs”) so that User’s PCs are compatible with the Local Area Network (the “LAN”), which Pavlov Media operates, and so that User’s PCs are compatible with the IAS. In addition, User shall be solely responsible for maintaining the security of the User’s PC(s), security settings and tools, username, password, files, network and user access, and any information User might disseminate through Pavlov Media’s IAS or other Internet services, and for all use of IAS by User, with or without User’s knowledge or consent. User recognizes and agrees that Pavlov Media, and Pavlov Media’s representatives, will not troubleshoot or install software or hardware applications on User’s PC. User further acknowledges that the use of a PC on a LAN or to access the Internet carries inherent and fundamental risks, including but not limited to unintentional file-sharing and/or, access to User’s personal and financial information stored on the User’s PC, or exposure to offensive, unedited, violent, or sexually-explicit materials. User acknowledges and agrees that it is the sole responsibility of the User to manage these risks and Pavlov Media has no responsibility to manage these risks on User’s behalf as part of the IAS. User also acknowledges that any confidential information transmitted or made available to others via the IAS is strictly the responsibility of the User. User shall install, operate, and frequently update, anti-virus software and critical Operating System updates on User’s PC. If, for any reason, as a result of disruption by the User’s PC on the LAN Pavlov Media’s ability to provide the IAS to User or others at the Property is adversely affected, User may be immediately disconnected from the IAS until such time as User demonstrates to Pavlov Media’s satisfaction that User’s PC will no longer provide a disruption. This may include requiring proof that User’s PC is free of viruses or other detrimental elements.
2.3 Use and Conduct. User agrees to use the IAS in strict compliance with the Terms and Conditions set forth in this Agreement. User acknowledges that failure to comply strictly with the Terms and Conditions shall give rise to the right of Pavlov Media to unilaterally suspend or terminate User’s connection with the IAS, pursuant to the provisions of Section 4 below. In addition, User expressly consents to Pavlov Media’s right to download Web sites (property-specific or otherwise) onto User’s PC’s in utilization of the IAS.
2.4 User Representations and Warranties. User represents, warrants, covenants and agrees that he/she will not engage in any of the types of conduct listed below, or allow any content on User’s PC (“Content”; as described below) to be used in violation of the following types of conduct, in conjunction with the utilization of the IAS. Content shall include information made available, displayed or transmitted in connection with Pavlov Media or the IAS, including all trademarks, service marks and domain names contained therein, as well as the contents of any bulletin boards or chat forms, and, all updates, upgrades, modifications, and other versions of the foregoing. Violations of the following may result in termination or suspension of the IAS in accordance with Section 4.1(c) below:
- (a) transmitting, receiving, displaying, printing, forwarding, or otherwise disseminating material that is, in the reasonable judgment of Pavlov Media, fraudulent, illegal, harassing, tortuous, abusive, libelous, defamatory, profane, offensive, embarrassing, sexually explicit, obscene, threatening, defamatory, or constitutes illegal content, or potentially illegal content, of any kind under applicable law;
- (b) uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information, or software that contains, or is, or has characteristics of a virus, Trojan horse, cancelbot, self-replicating code, and/or other harmful component;
- (c) uploading, transmitting, receiving, displaying, printing, forwarding or otherwise disseminating material, content, communication, information or software which is protected by patent, copyright, trademark, rights of privacy, or other proprietary rights without first obtaining any necessary permission of the owner of such rights. Furthermore, User understands and acknowledges that Pavlov Media will not, and has no responsibility to, prevent User from violating any copyright or privacy laws. Pavlov Media strictly prohibits and forbids any and all activities conducted by User that constitute a violation of the Digital Millennium Copyright Act of 1998, and all associated subsequent legislation. This restriction is particularly, but not solely, focused on Title II “Online Copyright Infringement Liability Limitation”;
- (d) utilizing the IAS to commit a crime, or to plan, encourage, aid, abet, help or assist others to commit a crime or otherwise violate any local, state, national or international law, including without limitation, any federal or state securities laws or export control laws;
- (e) utilizing the IAS in such a manner so as to violate the terms and conditions, operating rules or security requirements of any other computer network or interactive service;
- (f) utilizing the IAS to flood a user group, network, or other online system with unsolicited, inappropriate or unwanted email (“Spam”), ICMP traffic (“Denial of Service Attack”), or other intrusive or disruptive traffic, regardless of the point of origin;
- (g) utilizing the IAS to send an electronic message or file via the Internet in such a manner so as to make the message or file to appear to originate from a false source, such as another Internet user or domain altogether (“Spoofing” or “Forging a Header”);
- (h) utilizing the IAS to host Web servers, proxy servers, DHCP servers or any other server;
- (i) utilizing the IAS to create sessions to peer-to-peer file sharing services for exchange of materials protected or potentially protected by copyright or trademark protection, or otherwise protected and proprietary and not subject to public distribution without the owners written consent;
- (j) utilizing the IAS to resell the Service or otherwise make available to anyone inside or outside the Unit the ability to use the IAS (i.e. Wi-Fi, or other methods of networking). The Service is for residential, personal use only and User agrees not to use the Service for operation as an Internet Service Provider or for any other for-profit, non-profit, or promotional business purpose;
- (k) utilizing the IAS in any manner to bypass, tamper, degrade, modify, attack, or to gain like access to Pavlov Media equipment and/or networks, either directly or indirectly;
- (l) utilizing the IAS in any manner to restrict, inhibit, or interfere with any other User’s access to the IAS;
- (m) utilizing the IAS in an attempt to circumvent User authentication or the security of any equipment, software or account (“Cracking”);
- (n) attempting to use any other IP number than the one assigned by Pavlov Media’s DHCP server or the one assigned by Pavlov Media staff;
- (o) misrepresenting your IP number or adapter address and/or using a translation scheme to misrepresent or hide your IP number or adapter address; or,
- (p) utilizing the IAS to post or transmit any material that is y to result in retaliatory attacks against Pavlov Media, its affiliates, or its contractors by offended users.
2.5 Additional Affirmative Representations and Warranties. User also represents, warrants, covenants, and agrees that he/she will do the following in utilizing the IAS or in utilizing any content on User’s PC:
- (a) provide recipients of unsolicited emails a clear and easily exercisable means to be excluded from additional emails from User;
- (b) honor any request by any party to be excluded from unsolicited emails (which means among other things, that User will not provide such party’s email address to any third party for the purpose of sending unsolicited email); and
- (c) ensure that any email User sends clearly and accurately identifies the sender, the senders return email address and the email address of the originator.
2.6 Indemnification. User agrees to defend (by counsel acceptable to Pavlov Media), indemnify and hold harmless Pavlov Media and its affiliated companies, its officers, directors, employees, shareholders, contractors, licensees and independent content providers from all liabilities, claims and expenses, including attorneys’ fees, arising from breach, by User, of the Agreement or from use of, or in connection with, the transmission by or through the IAS of any Content, including any breach of User’s security on the IAS, other than those caused by the gross negligence or willful misconduct of Pavlov Media, or its employees. Nothing in this Agreement shall interfere with the right of Pavlov Media to retain independent counsel with respect to any such claims or proceedings, at the sole expense of Pavlov Media, and in said event, the obligations of User shall not be amended or changed thereby, but shall continue as herein above provided.
Section 3. Payment of Costs and Fees
3.1 Payment of fees. User acknowledges and understands that Pavlov Media will charge various fees to User’s credit card (when applicable) in accordance with the IAS (i.e., Service Plans) selected by User, and it is User’s responsibility to monitor those charges as being consistent with the IAS services they have selected. Pavlov Media expects, and User agrees, that User will review each monthly charge for accuracy and failure to review those charges or statements by User in a timely manner does not constitute a basis for refunds or credits after the fact. Charges to User’s credit card dated 65 days or older (from date of contact to Pavlov Media) will not be considered by Pavlov Media for refunds or credits.
User agrees to allow Pavlov Media to charge User’s credit card the following amounts:
- (a) Set-Up or Installation Fees. User shall pay the costs for the set-up of User’s IAS as shown on the online registration and information pages (i.e., Service Plans) for each of User’s PCs. User acknowledges that this fee is non-refundable under any circumstances;
- (b) Subscription Fees. User shall pay for its use of the IAS pursuant to the schedule of fees shown on the online registration pages and property-specific marketing materials at the time of enrollment. Subscription fees shall not be modified during the Term (“Term” is defined in Section 4.1(a) below). IAS subscription fees for User who is on a one-month renewable Term may be changed, upon thirty (30) days advance notice to User. See Section 4.1(a) below for termination rights upon such event;
- (c) Re-connection Fees. In the event that User’s IAS is suspended or terminated by Pavlov Media for violations of this Agreement (Section 4.1), and once the cause of the suspension or termination has been fully resolved to bring User back into full compliance with all terms and conditions of this Agreement, if User should desire to reinstate IAS, User shall be required to pay a re-connection fee. This fee will be no less than twenty-five dollars ($25.00) per event, and is subject to change at the sole discretion of Pavlov Media. Additionally, if User requires assistance from Pavlov Media to resolve issues, User will be required to reimburse Pavlov Media for time spent resolving the issue in accordance with Section 3.1(j). Suspension or termination of the IAS does not eliminate or reduce the obligation of User to pay all sums due hereunder that were incurred as part of User’s usage of the IAS or Pavlov Media’s efforts to collect fees as part of the IAS;
- (d) Network Outages. The IAS is provided using the public Internet domain, and wiring and infrastructure built and maintained by Property owner. Therefore, the IAS cannot be solely controlled by Pavlov Media. Outages in service should be expected and are considered unavoidable. Individual, continuous service disruptions of seven (7) days or less will not be subject credit from Pavlov Media to User. Outages exceeding seven (7) days may be credited to User on a prorated basis per day for each full day of outage beyond the first seven (7) days. Any credits issued will correspond directly to the charges from Pavlov Media directly to User for the current month. Credits will not be issued to User at any time, or under any circumstances, for IAS services not paid for directly by User to Pavlov Media, including, but not limited to, all property provisioned service plans;
- (e) Creation of additional accounts. User shall pay for all IAS accounts, and partial services, created by or enrolled in by the User. If a User creates additional IAS account(s) or enrolls in additional services to their primary IAS, on purpose or by accident, Pavlov Media reserves the right to invoice the User and collect payment for these additional accounts and services in accordance with the fees set-forth in their Service Plan. User’s IAS (both primary account and all subsequent accounts) may be suspended or terminated in accordance with Section 4.0 until all fees and costs associated with User’s additional accounts are paid to Pavlov Media in full;
- (f) Failure to promptly return Pavlov Media Equipment. User shall pay Pavlov Media for Pavlov Media-supplied equipment that is not returned promptly following termination of service in accordance with Section 4.1(b), including new equipment shipping and configuration costs, and any outstanding fees or other costs currently pending in User’s billing account with Pavlov Media;
- (g) Credit or Charge Card Decline Fees, Bad Check Fees, or Collection Fees. In the event that User’s credit or charge card is declined or cannot be charged for fees as described in this Agreement, for any reason, Pavlov Media may promptly suspend or terminate IAS to User and User agrees to pay Pavlov Media no less than a $10 Credit/Charge Card decline Fee, per event. In the event a check is returned to Pavlov Media for Insufficient Funds or any reason, Pavlov Media may promptly suspend or terminate IAS to User and User agrees to pay Pavlov Media no less than a $20 Bad Check Fee, per event. These fees will be deducted from User’s credit or charge card directly, or if not possible, billed directly to customer for payment by other means. In the event that Pavlov Media must enlist a Collection Agency or other means to collect monies owed to Pavlov Media, the User agrees to pay any fees associated with such collections;
- (h) Trial Promotions. Should Pavlov Media offer discounted or free trial promotions, User is limited to one discounted or free trial per Unit. If more than one User lives in a given Unit as described in this Agreement, only one discounted or free trial promotion shall be provided to that Unit on a first come, first serve basis. If User enrolls for more than one discounted or free trail promotions per Unit, whether or not knowledgeable of the actions of other Users living in the same Unit, User will be considered in violation of this Agreement and Pavlov Media reserves the right to terminate or suspend IAS to User until Pavlov Media is fully compensated by User at the currently published fees for consumed services in excess of legitimate promotion;
- (i) Credits and Refunds. Should a credit or refund be warranted for User, Pavlov Media will provide that credit or refund to User’s account within Pavlov Media’s billing system rather than directly to User’s credit card. The only exception to this will occur if User has terminated the IAS with Pavlov Media and closed their account. If credits or refunds are considered by Pavlov Media for User for any reason, those credits or refunds will be strictly limited to a maximum of the most recent (one) billing cycle and the prorated portion of the current billing cycle, or a maximum of 60 days, whichever is less; and,
- (j) Technical Support time. User understands and agrees that Pavlov Media will charge up to ninety-five dollars ($95) per hour for technical support time related to resolving User issues, which the User cannot or will not resolve using their own means.
This hourly charge may increase at any time without prior warning to User at the sole discretion of Pavlov Media, and may charged independently and in conjunction with other charges set forth in this Agreement.
Section 4. Termination
- (a) The term of service (“Term”). The Term shall end 30 calendar days following the start date of the service. User is bound to a minimum number of Terms if specified on the online registration pages and/or the Property-specific Service Plan subscribed to by User. Unless cancelled in accordance with Section 4.1(b) below, the original Term shall be continually renewed for additional 30-day terms in accordance with the Terms and Conditions of this Agreement.
- (b) Termination by User. If User chooses to terminate subscription to the IAS, User must submit to Pavlov Media notice of cancellation of IAS at least ten (10) days prior to the end of a Term (including initial or subsequent Terms, and all promotional or trial offer Terms). If User is bound to a minimum number of Terms by their Service Plan, User must notify Pavlov Media ten (10) days prior to the Anniversary Date of the current Term. In cases of early termination by User for Service Plans that include a minimum number of Terms, Pavlov Media will charge User an early-termination fee of not less than $200. Actual IAS usage will be terminated by Pavlov Media on User’s monthly Anniversary Date, prior to an additional billing cycle. Any Pavlov Media equipment and/or cables, must be returned to Pavlov Media within ten (10) days of IAS termination, or User shall pay an amount equal to that which is required by Pavlov Media to replace such items at the time of termination (including, but not limited to, purchase, shipping, configuration, and all labor associated with the replacement equipment), or $200, whichever is greater. User agrees that Pavlov Media shall deduct these fees directly from User’s credit card in accordance with Section 3.1.
- (c) Termination by Pavlov Media. In the event that User violates the Terms and Conditions of this Agreement, Pavlov Media shall have the right to immediately terminate or suspend User’s access to the IAS without notice. Pavlov Media reserves the right to terminate or suspend any User (without notice) that Pavlov Media, at its sole discretion, determines to be an abuser to the IAS. Any Pavlov Media equipment and/or cables must be returned to Pavlov Media immediately upon request or, if User fails to return such equipment on a timely basis, User shall pay and all fees as described in Section 3.1.
- (d) Reconciliation of Accounts upon Termination. In the event that User’s use of the IAS is terminated for any reason, no refund of any fees or credits will be granted. Upon termination, User shall remain obligated to pay all charges due hereunder (up to and through the end of current Term). In such event, User shall have no right to be re-connected, except on terms acceptable to Pavlov Media in its sole discretion.
Section 5. Pavlov Media’s Liability
5.1 Limited Warranty. Pavlov Media or its subcontractors shall perform all work for User under this Agreement in a good and workmanlike manner, in accordance with manufacturers and/or suppliers standards and specifications, both respecting materials to be used and manner of installation. User expressly agrees and acknowledges that use of the IAS is at User’s sole risk, and is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either expressed or implied. If User purchases or is provided with equipment from Pavlov Media, Pavlov Media does not provide separate warranty(s), guarantees, or support for such equipment beyond those provided by, and passed through by Pavlov Media, the original equipment manufacturer.
5.2 Disclaimer of Other Warranties. TO THE EXTENT PERMITTED BY LAW, PAVLOV MEDIA DISCLAIMS ALL OTHER WARRANTIES ON THE IAS, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PAVLOV MEDIA, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, INVESTORS, AGENTS, SUPPLIERS, VENDORS AND DISTRIBUTORS MAKE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESSEDOR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE THROUGH THE IAS OR RESIDING ON OR PASSING THROUGH ITS INTERCONNECTING NETWORKS, OR THAT PAVLOV MEDIA’S IAS WILL BE UNINTERRUPTED OR ERROR FREE. THE DURATION OF ANY STATUTORILY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE TERM OF THE LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, DEPENDING UPON WHERE YOU LIVE. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
5.3 Exclusive Remedy. USER’S EXCLUSIVE REMEDY FOR BREACH OF THIS AGREEMENT BY PAVLOV MEDIA, SHALL BE, AT PAVLOV MEDIA’S OPTION, EITHER (A) THE REPAIR OR REPLACEMENT OF THE IAS PRODUCT THAT DOES NOT MEET PAVLOV MEDIA’S LIMITED WARRANTY; OR (B) A REFUND OF THE SUBSCRIPTION FEES USER HAS PAID PAVLOV MEDIA UNDER THIS AGREEMENT OVER THE LAST TWELVE (12) MONTHS
5.4 Disclaimer of Consequential Damages. UNDER NO CIRCUMSTANCES SHALL PAVLOV MEDIA BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THE IAS, ADVICE OF PAVLOV MEDIA STAFF, OR INABILITY TO USE THE IAS INCLUDING WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY OTHER DAMAGES, EVEN IF PAVLOV MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5.5 Limitation On Liability. PAVLOV MEDIA’S LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF FIVE HUNDRED DOLLARS ($500.00) OR THE LAST TWELVE (12) MONTHS OF SUBSCRIPTION FEES PAID BY USER TO PAVLOV MEDIA HEREUNDER.
Section 6. Governing Law and Dispute Resolution
6.1 Arbitration. The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in Champaign, Illinois, before the American Arbitration Association pursuant to the provisions of this Section 6.1, and, to the extent not inconsistent with this Section 6.1, the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party’s rights to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtaining injunctive relief to terminate the violation by the other party of such party’s proprietary rights, including without limitation any trade secrets, copyrights or trademarks). Any arbitration shall be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction.
6.2 Governing Law; Venue. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Illinois, including its conflict of law principles, and all claims and/or lawsuits in connection with this agreement must be brought in Champaign County, State of Illinois.
Section 7. Miscellaneous Provisions
7.1 Force Majeure. Neither party shall be held responsible for damages caused by any delay, default, or interruption in IAS due to any contingency beyond its control preventing or interfering with performance hereunder.
7.2 Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right.
7.3 Severability. If any provision shall be invalid or unenforceable, the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law.
7.4 Assignment. This Agreement may not be assigned by User without the prior written consent of Pavlov Media. Pavlov Media may assign this Agreement without the consent the User, without notification.
7.5 Entire Agreement. This Agreement is the entire agreement between the parties with respect to the IAS. Nothing may be amended except by an agreement in writing signed by the parties hereto or their respective successors in interest. The rights and obligations of User shall be governed by and construed in accordance with the laws of the State of Illinois.
7.6 User Information. User acknowledges and understands that Pavlov Media may from time to time share User information with the Property Owner, Property Management staff, or their authorized agents to aid them in their communication with residents of the property. The information shared under these circumstances will be limited to those data obtained by Pavlov Media in the normal course of User enrollment and/or account maintenance and updates. Additionally, User acknowledges and understands that Pavlov Media will share User information with any and all legal authorities, if requested, in accordance with federal, state or local laws.
7.7 Third Party Beneficiary. Pavlov Media has entered into an agreement with the owner of the Property (“Owner”), whereby Pavlov Media provides services to User using equipment and/or facilities owned by Owner. Owner is not an Internet Service Provider (ISP). However, if Owner is ever deemed to be an Internet Service Provider, Owner may enforce the benefits of this Agreement as a third party beneficiary, but Owner is not responsible for any of the obligations under this Agreement.
Acceptance of the Terms and Conditions presented in this Agreement is hereby indicated by User either 1) by signing in the space provided below or 2) by acknowledging and accepting through the online sign-up process.