Terms of Service

These are your terms of service for any service of LanCity Connect (“we”, “us”, “the company”, “ LanCity Connect”) that you use including, without limitation, Internet connection services. We wrote them in “plain English” so that you (“you”) could read them more easily. You should read this document – it is important – it outlines how you can use LanCity Connect, your rights, our rights, our responsibilities to you and yours to us.

The short version is this: We don’t take advantage of people. We ask in return that they not take advantage of us. That’s the thing we’ll shake on if we get a chance to meet in person. Unfortunately a mutual understanding like that can’t be made legally binding without a document like this one.

We’ve tried to keep the legalese to a minimum, but in certain places it is unavoidable and is the most unambiguous and understandable way to get a particular point across.

Introduction

By purchasing, installing, or activating LanCity Connect a LanCity Connect product or service, you agree to be bound by these Terms Of Service. Also, you agree that if you allow others to access or use our products or services, you will be responsible for all activity on the services, whether such activity is undertaken by you or someone else.

You represent that you are 18 years of age or older.

We may update or amend this document from time to time. Typically, we’d do so when we add new services or when clarification of these terms is required. We may notify you of changes to these terms of service as a courtesy, though we’re not obliged to do so under these terms.

Your LanCity Connect Account

LanCity Connect Website

At LanCityConnect.com we offer tools to manage your account and your contact information, make payments, buy and schedule services and so on. We also have words and videos for you to read and view and other things on our site too. Everything on the LanCity Connect site is subject to these Terms Of Service.

Payments

If you are on the Automatic Payment Withdraw Plan, we collect payment automatically on your billing date using the payment method we have on file for you. For most people, this is all you need to know on this subject. For the outliers, there’s more.

For those users who are not on the Automatic Payment Withdraw Plan, you bill is due on the date stated in your monthly invoice. These bills are delivered to you via your customer portal, unless you opt into our paper billing system, which is subject to a $3.00 per month surcharge.

We reserve the right to bill for usage at any point in the billing cycle. This is something we would do in the unlikely event that the usage of your account was cause for concern on our part. If we were to bill before the close of a billing cycle, we would make an effort to notify you in advance of doing so.

If payment fails or is considered delinquent, we reserve the right to suspend or terminate service entirely.

Payments are due on the billing date associated with your account. The billing date cannot be changed and your account will be considered past due if we are unable to collect the full balance of your monthly charges on the billing date.

Declined Payments and Chargebacks

If we try to collect payment and cannot do so, we reserve the right to suspend or terminate access to your account, cancel delivery of a support service that is scheduled or take any remedial steps we deem necessary. In the case of a credit card chargeback, your account will be deactivated and you’ll owe us the outstanding balance plus any associated charge back fees which may have been levied by the banks or credit card providers. If you reactivate your account, you will be required to pay a fee for prior chargebacks and any outstanding balance on your account.

If you owe us a bunch of money or have had your account suspended multiple times, we may, without limitations of LanCity Connect or any of our other rights, ask for payment up front, make other appropriate billing arrangements or stop providing you with service.

Taxes and Surcharges

“We don’t charge tax, we collect it.”

Taxes, regulatory fees, E911 fees and so on are not included in LanCity Connect rates. These charges are calculated and charged at the end of the billing cycle and are clearly outlined on your bill. They are subject to change without notice and may vary by city, municipality, state, region and country.

Refunds on Services, Taxes and Fees

Monthly service charges, taxes and fees are non-refundable.

Disputed Charges

If you spot an error in any charge on your account, please let us know right away so we can apologize and make it right in the form of a refund, a credit or some other form of compensation. Right away means within 30 days of the charge appearing. There are no exceptions.

If we issue a credit, refund or some other form of compensation and you accept, we’ll consider the matter closed (that is to say, “fully and finally resolved”). You’ll waive any claim for arbitration or litigation.

Contacting LanCity Connect Support

When you call LanCity Connect Support via (844-LanCity or 844-526-2489), we will likely record and archive the conversation. If you don’t agree to this, please contact LanCity Connect Support through our customer care hotline email or other means as may be available at support@lancityconnect.com

Suspension or Termination of Service

WE RESERVE THE RIGHT TO ISSUE A WARNING OR TO SUSPEND OR TERMINATE YOUR SERVICE AND ACCESS TO THE LANCITYCONNECT.COM WEBSITE, APP OR ANY OTHER WEBSITE WE OPERATE ASSOCIATED WITH OUR SERVICE AT ANY TIME IF WE DETERMINE THAT YOU HAVE VIOLATED THE TERMS OF SERVICE OR ANY OF OUR RULES OR POLICIES OR FOR ANY OTHER REASON.

Law Enforcement

LanCity Connect will comply with law enforcement if we believe in good faith that the disclosure of information is necessary to prevent or detect illegal or unlawful activities. Wherever possible and practical, we will inform you of these disclosures.

Copyright Issues

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We do not provide IP addresses (singly or in batches) or other identifying information to complainants unless duly compelled by power of law.

Commitment to Online Safety

We are committed to online safety for minors, and comply with all applicable laws related to protecting LanCity Connect minors online. This includes reporting all LanCity Connect cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org.

Dispute Resolution

If there’s a disagreement, we’ll both agree to try to settle it first by talking to each other in good faith. We’re always open to hear your possible solutions and we want to work together. That said, whatever efforts are made to settle a disagreement amicably, no one forfeits any of the rights set forth in this document by those efforts. If we are unable to resolve an issue within 90 days after first contact about that issue, WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF SERVICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE. In addition, either party may seek an injunction or other equitable relief for breaches or threatened breaches of these Terms of Service in order to prevent irreparable injury or preserve the status quo. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16.

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS AFTER YOUR FIRST DOWNLOAD OR USE OF LANCITY CONNECT’S SERVICES. You must opt out by this deadline for each service. You may opt out of this arbitration agreement by calling 844-526-2489. Any opt-out received after this deadline will not be valid and you must pursue your claim in arbitration.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings by sending the other a letter request sent to LanCity Connect arbitration and describing the claim to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims less than $1,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. In the event that AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure. We will pay any costs that are required to be paid by us under the AAA rules. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the AAA rules. If you are unable to afford any fees that you would otherwise be required to pay, you may request that we pay or reimburse them, and we will consider your request.

CLASS ACTION WAIVER. WE EACH AGREE NOT TO (1) SEE TO PROCEED ON ANY CLAIM IN ARBITRATION A S A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ANY ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS, UNLESS ALL PARTIES AGREE; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELALATING TO LANCITY CONNECT IN CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, (a) WE EACH WAIVE THE RIGHT TO HAVE A TRIAL BY JURY, and (b) any court case will be subject to the exclusive jurisdiction of the federal or state courts located in the federal judicial district that includes your address at the time the arbitration is filed, unless the parties agree otherwise.

Limitation of Liability

In the case of a dispute that ends up in court, you and we agree that neither you nor we will be held responsible for indirect, special, incidental, consequential, exemplary or punitive damages of any kind. That applies to business partners too. In truth, it’d be much better for all involved to stay out of the courts in the first place. If things end up there anyway, any claims can only be for actual, direct damages, unless prohibited by law.

There are things we can’t take responsibility for. If you reach out to us, we’ll certainly try to help, but that should be considered offering a courtesy rather than taking ownership. Those things include but are not limited any act or omission by any company or business partner that provides service or equipment to LanCity Connect. These may also include, any damages as a result of a product or service made by a third-party and any unauthorized or disputed services that appeared more than 30 days earlier in your online account. You also agree that we’re not responsible for any lost voicemails or address book contacts, text messages, photos and any other media, files or data on your devices regardless of how they were lost.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LANCITY CONNECT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, LANCITY CONNECT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

WHEN PERMITTED BY LAW, LANCITY CONNECT AND LANCITY CONNECT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Indemnification

In using LanCity Connect products and services, you agree to indemnify and hold harmless us, our affiliates, employees, partners, officers, agents and employees from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys’ fees on account thereof) resulting LanCity Connect from your use of our products and services, or use of our devices, products and services by another person who uses our devices, products or services, whether based in contract or tort (including strict liability) and regardless of the form of action.

Notices

If you’re not happy, please give us a chance to fix it. You can get in touch with us by phone, by email, help ticket or by other electronic means as linked on the LanCity Connect website. Notices are considered effective once we receive them in writing LanCity Connect via support@LanCityConnect.com

If we can’t resolve the issue between us, you can file a complaint to the FCC:

Federal Communications Commission
Washington, DC 2054

Anything we send you will be to the last known physical address or email address we have on file for you. We may also reach out via text message or phone call to a phone number we have on file for you.

Effect of Terms Of Service

These Terms of Service are the only rules which govern our relationship. Ultimately, they trump any other oral or written communications or understandings with regard to products, services and the terms under which they are provided.

If any part of these Terms of Service is declared invalid or unenforceable, the remainder is still considered valid and enforceable.

We do have the ability to waive any part of these Terms of Service. Such waivers are only valid if they’re in writing from LanCity Connect Management. Waiving a part of the Terms of Service does not mean the entire document is waived and waiving a part of the Terms of Service in one instance does not mean it’s waived in all instances.

Just because we do not to enforce a part of these Terms of Service now does not mean we can’t or won’t choose to do so later.

Export

You agree that you’re not buying any devices from us in order to export them and / or the information stored on them elsewhere (foreign or domestic). Likewise, you agree that any trade or transfer of Devices purchased through LanCity Connect will be done in accordance with US trade regulations and export control laws.

Assignment

These Terms of Service apply to you alone. You can’t delegate any of your duties or assign any of the rights afforded you without prior written consent. We may assign all or part of these Terms of Service and any debts owing us without notice.

Trademarks and Other Intellectual Property

You agree that the LanCity Connect name, logo and other devices are registered trademarks of MAW Communications Inc. and that you won’t misappropriate, dilute, besmirch or otherwise violate our intellectual property rights.

You agree that you will not hack, reverse engineer, copy, modify, redistribute or resell any of our intellectual property. That includes but is not limited to the LanCity Connect website, mobile apps, billing systems, algorithms or any of the other stuff we’ve worked hard to create. Doing so would be a violation of these Terms of Service.

Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.

Your remedy should we fail to uphold this warranty is limited to the amount paid for the products or services covered by the warranty.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE WRITTEN AGREEMENT PROVIDED TO YOU BY LANCITY CONNECT, NEITHER LANCITY CONNECT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY LANCITY CONNECT, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.