117792
Reintech , LLC 2/1/2014
2
determine that you may be a credit risk for, among other reasons:
(1) unsatisfactory credit rating; (2) insufficient credit history; (3)
fraudulent or abusive use of any Reintech Services within the last
five (5) years, or (4) late payments for current or prior bills, we
may decline to provide you the Services and shall refund or credit
to you any prepayment for Services.
e. Outstanding
Charges.
You must reimburse us
for any reasonable costs or fees that we incur to collect charges
owed to us, including attorneys’ fees, if allowed by applicable law.
4. SUSPENSION/CANCELLATION
OF
SERVICES
a.
Your Cancellation of the Services. You may
cancel your services within the first twenty-four (24) months by (1)
calling the Reintech customer service number on your Reintech
Wireless Services Agreement or (2) by sending written notice of
your intentions to Reintech. A penalty equal to the balance of the
contract will be incurred for cancellation within the initial twenty-
four (24) months of your contract. Additionally, you may cancel
the contract without penalty if (1) the cancellation notice is given
after the initial twenty-four (24) month contract term and (2) is
given thirty (30) days prior to the renewal of your services. To
cancel this agreement you will need to contact the Reintech
customer service number on your Reintech Wireless Services
Agreement and upon satisfaction of the above-mentioned
conditions relating to the cancellation of the Services, Reintech
shall refund the balance of any charges related to the Services
owed to you.
b. Fraudulent
Use.
You will not use the Services
for any unlawful, abusive, or fraudulent purpose, including for
example, using the Service in a way that (1) interferes with our
ability to provide Services to you or our other customers; or (2)
avoids your obligation to pay for the Services. If Reintech has
reason to believe that you or someone else is abusing the Services
or using them fraudulently or unlawfully, we may immediately
suspend, restrict, or cancel the Services without advance notice. In
addition, your Services shall be subject to discontinuance, without
notice, if Reintech is required to comply with any order or request
of any governmental authority having appropriate jurisdiction and
will not be held liable if we do so.
c.
Failure to Pay.
We may suspend, restrict, or
cancel the Services and this Agreement if you do not make
payments when due, including payments for late fees or any other
required additional charges. If said payment is not made within
thirty (30) days notice we may, at our sole discretion, send a
termination command to your unit thereby rendering it useless and
forever terminating communications with the unit.
d. Other. Reintech may from time to time
discontinue, interrupt, or revise the Services, in its sole discretion.
Reintech will seek to provide you with reasonable notice of any
such interruption, discontinuation, or modification of the Services.
5.
WAIVER OF CLAIMS; INDEMNIFICATION
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY
CLAIMS, CAUSES OF ACTION, LOSSES OR DAMAGES
REGARDLESS OF WHETHER ARISING FROM CONTRACT,
TORT, STRICT LIABILITY OR STATUTE THAT ARISE
FROM (1) THE INSTALLATION OF THE SERVICES BY
REINTECH OR ITS AFFILIATES, EMPLOYEES, OFFICERS,
MANAGERS, DEALERS, CONTRACTORS, AGENTS OR
REPRESENTATIVES, (2) REINTECH’S PROVISION OF
TECHNICAL SERVICE AND SUPPORT FOR THE SERVICES
OR (3) YOUR USE OF THE SERVICES (INCLUDING CLAIMS
FROM THIRD PARTIES) UNLESS CAUSED BY OUR GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT AND YOU
WAIVE ANY SUCH CLAIMS (INCLUDING CLAIMS OF
NEGLIGENCE) TO THE FULLEST EXTENT PERMITTED BY
LAW. YOU ALSO AGREE TO REIMBURSE US FOR ALL
COSTS, FEES AND EXPENSES RELATED TO THE DEFENSE
OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES.
FURTHER, YOU AGREE TO INDEMNIFY AND HOLD
REINTECH, ITS PARENTS, SUBSIDIARIES, MEMBERS,
AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS
FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING
COSTS AND REASONABLE ATTORNEYS' FEES, ASSERTED
BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR
IN ANY WAY RELATED TO YOUR USE OF THE SERVICES.
REINTECH WILL NOTIFY YOU WITHIN A REASONABLE
PERIOD OF TIME OF ANY THIRD PARTY CLAIM FOR
WHICH REINTECH SEEKS INDEMNIFICATION AND WILL
AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN
THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR
PARTICIPATION WILL NOT BE CONDUCTED IN A
MANNER PREJUDICIAL TO REINTECH’S INTERESTS, AS
REASONABLY DETERMINED BY REINTECH. THIS
SECTION SHALL SURVIVE ANY TERMINATION OF THIS
AGREEMENT.
6.
LIMITATIONS OF LIABILITY
NEITHER REINTECH NOR ITS AFFILIATES, EMPLOYEES,
OFFICERS, MANAGERS, DEALERS, CONTRACTORS,
AGENTS OR REPRESENTATIVES, SHALL BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING, DAMAGES FOR LOSS OF USE,
LOSS OF DATA, OR LOST PROFITS, REGARDLESS OF
WHETHER OR NOT REINTECH OR ITS AFFILIATES,
EMPLOYEES, OFFICERS, MANAGERS, DEALERS,
CONTRACTORS, AGENTS OR REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN ANY EVENT, REINTECH’S CUMULATIVE LIABILITY TO
YOU FOR ANY AND ALL CLAIMS RELATING TO THE
INSTALLATION OF OR USE OF THE SERVICES SHALL
NOT EXCEED THE TOTAL AMOUNT OF SERVICE
CHARGES PAID TO REINTECH IN THE YEAR IN WHICH
THE CLAIM AROSE. YOU HEREBY RELEASE REINTECH
FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND
CLAIMS IN EXCESS OF THIS LIMITATION. REINTECH IS
ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES
ARISING FROM OR RELATED TO YOUR BREACH OF THIS
AGREEMENT. Your sole and exclusive remedies under this
Agreement are as expressly set forth herein.
7.
WARRANTIES
USE OF THE SERVICES AND DATA PROVIDED BY THE
SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE”
BASIS WITHOUT WARRANTY OF ANY KIND. NEITHER
REINTECH, NOR ITS AFFILIATES, DEALERS, EMPLOYEES
OR AGENTS WARRANT THAT THE SERVICES WILL BE
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