This Verizon Wireless website provides a service for users to purchase and use subscription services, like wireless service plans, for Internet of Things (“IoT”) devices and solutions.
Acceptance of Terms
These are the terms of service ("Terms" or "Agreement") for this website and the content, services, tools and features available through it (collectively the “Services”). When you access or use the Services, you are agreeing to the Terms. You must comply with the Terms at all times when you use the Services. Read the Terms carefully. They control your legally binding relationship with us. "We," "us," "our" or "Verizon" in these Terms means Cellco Partnership d/b/a Verizon Wireless, a Delaware general partnership with an address at One Verizon Way, Basking Ridge, New Jersey 07920, United States, on behalf of itself and for the benefit of its affiliates.
These Terms include the following policies and agreements, which are hereby incorporated by reference. Read them carefully.
Changes to the Terms
We reserve the right to make changes to these Terms from time to time. Changes are effective once they are posted. If you use the Services after the Terms have changed, we will treat your continued use of the Services as acceptance of the new Terms.
If you do not agree to changes, you may stop using the Services.
We encourage you to read the Terms regularly for updates
Changes to the Services
While we will use reasonable efforts to provide advance notice, you understand and agree that we reserve the right to make changes to the Services without notice, without any liability to you to the fullest extent permitted under applicable law. These changes may modify or discontinue, temporarily or permanently, functions and features of the Services that you use.
Account and Registration
In order to register for the Services, you must create an account by selecting a username and password and providing certain registration information like your name and a valid email address, telephone number and street address. In addition, you must provide a valid US credit card and its associated billing address. This credit card will be your initial designated payment card (“Payment Card”) for all purchases made through the Services. You may update your Payment Card at any time with another valid US credit card by updating your billing information.
Your registration information must be true, complete and current and you must keep that information true, complete and current after you create an account. We may contact you to confirm some or all of your registration information.
Access and Use of the Services
You may access and use the Services for lawful purposes in strict compliance with these Terms and all applicable policies, guidelines or documentation made available by us. Without limitation, you may use the Services to purchase and use subscription services available through the Services. You are responsible and for all activity that occurs through your account. You will immediately notify us at firstname.lastname@example.org if you become aware of suspected or actual misuse or compromise of your account or if your account information is lost or stolen. We will not be liable for any loss or damage arising from your failure to comply with this section.
Billing and Payment for Subscription Services
You will be able to purchase and use certain IoT-related subscription services through this website. Such subscription services include wireless service plans for IoT Devices. When you purchase subscription services, these terms apply.
Wireless Service Plans
These terms apply to wireless service plans available for purchase through the Services.
If we are legally required to collect taxes, fees, assessments or any other related charges (hereinafter a “Tax”) with respect to any and all purchases under these Terms then such Taxes will be billed to you as a separate charge. Said Taxes are to include items of any nature imposed upon the Services (except for charges based upon Verizon’s income) including but not limited to any and all expenses necessary to comply with any and all legally imposed or governmental requirements or to provide or improve service to you (hereinafter “Surcharges”). Such Surcharges may be included as a recovery of offset on any invoice transmitted or presented to you for payment. Taxes and Surcharges may change from time to time. If you present Verizon with a valid official Tax exemption certificate or other evidence of exemption that we find acceptable; then Taxes covered by the exemption will not be imposed or collected. However, if such exemption is later found to be invalid or not apply, you will be responsible for all uncollected taxes, and any additional amounts imposed or incurred (including but not limited to penalties and interest). Any amounts billed as Taxes prior to the receipt of a valid evidence of exemption are not subject to being credited.
Suspension for Nonpayment
We may temporarily suspend your paid subscription services if you fail to make timely payments of amounts due for those Services, or if we receive chargebacks or other payment reversal requests from your bank, until such time as those outstanding amounts are paid in full. While we will attempt to notify you before we suspend your paid services and provide you an opportunity to avoid service disruption by paying due amounts, you are ultimately solely responsible for ensuring that you make all required payments in order to avoid service suspension. We will have no liability to you or your company for any damage, liabilities, losses or any other consequences that it may incur with connection with any suspension pursuant to this section.
You may not register for, access or use the Services if (i) you are under the age of 13 or (ii) you are barred from the using the Services under the laws of the United States or the country in which you reside or from which you access the Services. You agree to use the Services for lawful purposes only. Except as otherwise explicitly permitted in these Terms, you agree not to (i) resell, sublicense, lease, assign, redistribute, transfer or otherwise make the Services available to any third party; (ii) modify, copy, harvest, collect, or create derivative works based on the Services; (iii) reverse engineer the Services; (iv) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services, the Verizon network, or any service provided by or on behalf of Verizon, or any device connected to the Verizon network; (v) send or store infringing or unlawful material using the Services; (vi) impersonate someone else; (vii) access or use the Services for the purpose of building a competitive product or service or for benchmarking, monitoring availability, comparative analysis or similar purposes; or (viii) remove, alter or destroy any copyright, trademark or other proprietary rights notice displayed on the Services. You must not propagate any virus, worms, malware, Trojan horses, or other programming routine that could damage the Services. You may not use spiders, robots, data mining techniques or other automated devices or programs to mine, harvest, collect, store, catalog, download or otherwise reproduce, store or distribute content available on the Services. You may not use any such automated means to manipulate the Services or attempt to exceed the limited authorization and access granted to you under these Terms. You agree to regularly monitor your devices for any issue that may compromise the security of the Services (“Security Issue”). We may, without obligation, monitor your use of the Services to verify your compliance with these Terms and to identify an actual or potential Security Issue. By registering for and using or accessing the Services, you agree that you are subject to and will comply with the Verizon Acceptable Use Policy.
As between you and Verizon, we retain and own all right, title and interest in and to the Services, including, without limitation, all copyrights, trademarks, service marks, patents, trade secrets and other intellectual property rights in the Services, and any modifications, corrections or enhancements thereto. No rights or licenses in the Services are granted to you hereunder other than as expressly set forth in these Terms. You are welcome to provide us with feedback, comments, ideas, observations and suggestions for improvements, either orally or in writing, regarding the Services (collectively "Feedback"). If you provide us with Feedback, you agree that:
Use of Marks
The Verizon and ThingSpace names, trade names, trademarks and logos, as well as all related product and service names, design marks, logos and slogans, are the property of Verizon and, except as expressly permitted in these Terms, may not be used by you without our prior written consent. You agree that we, in our sole discretion, may use your name, logo and/or domain name on our websites and other promotional materials for the purpose of advertising or publicizing your use of the Services.
Termination of Account
We may terminate your account without prior notice and without any liability to you if: (a) you are not actively subscribed to any paid subscription services and your account reflects a prolonged period of inactivity; or; (b) you violate these Terms or any other applicable policy or other agreement between you and Verizon with respect to the Services.
The Services may contain links and references to third-party websites, which are provided solely for your convenience. We are not responsible for the content or information contained on such third party websites and inclusion of such links does not imply endorsement of those websites or the content contained thereon.
Liability for our Services
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, BE UN-INTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE, OR THAT THE SERVICES, IN WHOLE OR IN PART, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO ADVICE OR INFORMATION GIVEN BY REPRESENTATIVES OF VERIZON WILL CREATE ANY WARRANTY. ACCESS AND USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES. IN NO EVENT WILL WE BE LIABLE TO YOU FOR (I) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, PERFORMANCE OR PROVISION OF, RELIANCE ON OR FAILURE TO PROVIDE THE SERVICES; LOSS OF DATA; YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SERVICES; YOUR USE OR RELIANCE ON CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICES, OR VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES. OUR AGGREGATE, TOTAL LIABILITY FOR DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM OR RELATING TO SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Verizon and its officers, directors, employees, agents, licensors and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) any act or omission by you in connection with use of the Services or related to your devices or Customer Data; (ii) your violation of these Terms; (iii) any actual or alleged infringement by you of any intellectual property or other right of any person or entity; or (iv) your violation of laws and regulations. You will assume control of the defense and settlement of any claim subject to indemnification by you. We may, however, at any time elect to take over control of the defense and settlement of any such claim. You will not settle any such claim without our prior written consent.
Our Services, including any software or technology provided as part of the Services, may be subject to U.S. export controls laws and regulations, including but not limited to the Export Administration Regulations (“EAR”). You agree that any export, re-export, or retransfer of software and technology we provide under these Terms will comply with all applicable U.S. export controls and economic sanctions laws and regulations, and such compliance will include obtaining any required export licenses or authorizations from the U.S. government. You further agree that you will not export, re-export, or retransfer, directly or indirectly, software or technology provided by us under these Terms in any form to destinations in or nationals of Country Groups E, as specified in Supplement No. 1 to Part 740 of the EAR, to any U.S. Government prohibited or restricted party; or to end users prohibited under the EAR.
Upon termination or expiration of these Terms, all sections that by their nature are intended to survive will so survive.
The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Each parent and affiliate of Verizon shall be a third party beneficiary to these Terms and shall be entitled to enforce and rely upon any provision of these Terms that confers a benefit on (or rights in favor) of them. Each party must comply with all applicable laws in connection with the Services. You may not transfer, assign or delegate the right and/or duties under these Terms without our prior written consent and any attempted assignment or delegation is void. We shall have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Terms. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portion(s) will remain in full force and effect, and any invalid or unenforceable portion(s) shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of the Terms shall remain in full force and effect. The relationship between the parties is one of independent contractors. These Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Any legal action, suit or proceeding arising out of or relating to these Terms, must be instituted exclusively in the federal or state courts located in New York, New York. These Terms constitute the entire agreement between you and Verizon with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements.