Terms and Condtions for ip3labs
I. Introduction.
ip3 labs LLC, an Arkansas limited liability company (“ip3” or “we”) provides you (“you” or the “Customer,” and together with ip3, the “Parties”) the services described below pursuant to these Terms and Conditions (“Terms” or “Agreement”).
II. Services to Be Provided.
a. The services provided pursuant to these Terms include connectivity plans and device management for the products and device services that can be purchased, along with wireless devices, SIM cards and other accessories to facilitate services (collectively, the “Services”).
b. Services are available for purchase as auto-renewing monthly subscriptions or longer-term subscriptions. Each plan will include the ability to access wireless data and SMS service (if your device supports SMS) for the applicable subscription period, subject to data caps, and message limits specified in the plan you purchase.
c. Devices and other hardware must be paid for prior to shipping to Customer.
d. Two months’ network connectivity and/or device management plan will be paid when the order is placed. Consumption of the initial two-month subscription will begin when the device is activated.
e. To avoid continuing auto-renewal of your subscription(s), you must deactivate the devices for which you no longer want to be charged and notify IP3 of your intent stop using our services.
f. Wireless devices use radio transmissions, so unfortunately you can’t access the Services if your device isn’t within range of a transmission signal. Even within a network coverage area, many things can affect the availability and quality of your wireless service, including the availability of carriers under our contracts to supply network connectivity, network capacity, your device, terrain, buildings, foliage and weather. As further detailed in Part VIII (Liability for Services) below, ip3 is not responsible for any losses resulting from the loss or compromise of transmission signals in the course of our provision of the Services.
g. Returns of devices must be approved by us prior to return shipment. All returned devices must be in original packaging and condition to receive full refund. See the IP3 Return Policy for additional conditions related to refunds.
III. Termination.
Either Party may terminate the Services at any time. Prepayments for the remainder of the period is forfeited by the Customer upon cancellation of the Services.
IV. Billing and Payment.
a. In order to make purchases, Customer must provide a valid United States credit or debit card information or Automated Clearing House (ACH) information and approval for a United States bank account or request payment by invoice. Payment must be completed before devices ship. Customer may update such payment information at any time.
b. We will use the contact information you provide to contact you, including about purchase and purchases and other fees charged to your card or account. So long as you have an active account, you are responsible for ensuring that we can contact you using your current contact information.
c. By purchasing auto-renewing Services, you authorize us to automatically charge recurring fees at then-current rates, and other charges, such as taxes and possible transaction fees, to your card or account. The amount charged may vary from billing period to billing period, depending on your purchases, use, price, and tax adjustments. Your authorization applies to the card or account on file and any updates to the that card or account. Your authorization allows us to obtain updated card information from your card issuer.
d. You are responsible for paying all fees billed by us for valid purchases whether or not you use the Services or devices related to such purchases.
e. We reserve the right to adjust pricing for our Services at any time in our sole and absolute discretion.
f. All payments for service plans are nonrefundable. In order to avoid future fees, you must cancel the Services or opt out of renewal, as applicable.
g. We may apply any amount you pay us to any amounts you may owe us if earlier payments had been reversed or voided by your card issuer or bank.
h. You authorize us to treat your electronic signature as your consent to initiate recurring electronic payment transactions from your card or account on a monthly basis, and to communicate with you electronically concerning your card or account.
i. We may temporarily suspend your access to fee-based Services with or without notice 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 card issuer or bank, until such time as those outstanding amounts are paid full. We will have no liability to you for any damage, liabilities, or losses or any other consequences that you may incur in connection to any suspension of Services pursuant to this provision.
V. Taxes.
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 ip3’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 ip3 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.
VI. Indemnification.
You agree to defend, indemnify and hold harmless ip3 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, applications (and their users) or 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. The indemnification provided herein shall continue as to ip3 or any indemnitee even though ip3 has ceased providing you Services under this Agreement.
VII. Restrictions on Use of Services.
a. You may not register for or access the Services if you are under the age of eighteen (18) or you are barred from using the Services by the laws of the United States.
b. You agree to use the Services for lawful purposes. Customers agrees not to use the Services (i) fraudulently or in connection with any criminal offense; (ii) to send, knowingly receive, upload, download, or use any material which is offensive, abuse, indecent, defamatory, obscene or menacing or in breach of copyright, privacy, or any other rights; (iii) to spam or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party; (iv) in any way in which in our opinion is, or is likely to be, detrimental to the provision of the Services to you or any other customer; (v) in any unlawful manner, including without limitation in contravention of any legislation, laws, license, or third party rights; or (vi) in a way that does not comply with the instructions we have given for use of the Services.
c. 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) copy, frame or mirror any part or content of the Services, other than copying or framing for your own internal business purposes for use as permitted under these Terms; (iv) reverse engineer the Services; (v) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services or any device connected to the Services; (vi) send or store infringing material using the Service; (vii) impersonate someone else; (viii) access or use the Services for the purposes of building a competitive product or service or for benchmarking, monitoring availability, comparative analysis, or similar purposes; or (ix) remove, alter, or destroy any copyright, trademark, or proprietary rights notice displayed in the Services.
d. 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, applications and users for any issue that may compromise the security of the Services. 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.
VIII. Liability for Services.
a. 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. We are not liable for operators ceasing or terminating data access, roaming, or interworking services, either temporarily due to technical issues or permanently by the termination of operator agreements to provide such access and services. 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 ip3 websites may include technical inaccuracies or typographical errors. No advice or information given by representatives of ip3 will create any warranty.
b. 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.
c. 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 shall be limited to the maximum extent permitted by law.
IX. Miscellaneous
a. These Terms are subject to ip3’s Privacy Policy, which is hereby incorporated by reference.
b. We reserve the right to update these Terms from time to time. Changes are effective once they are posted at the ip3 website. If you use the Services after the Terms have changed, we will treat your continued use of the Services as acceptance of these new Terms. If you do not agree to changes, you may terminate these Terms at any time by cancelling your account and ceasing use of the Services.
c. 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.
d. If any provision of these Terms is held by a court to be invalid or unenforceable, the remaining portions of the Terms shall remain in full force and effect, and any invalid or unenforceable provision 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.
e. Neither Party shall be entitled to assign its rights under this Agreement to any third party without the prior written consent of the other Party.
f. This Agreement shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions.
g. State and federal courts located in Pulaski County, Arkansas, shall have sole and exclusive jurisdiction and venue over any matter arising out of this Agreement. Each Party hereby submits itself and its property to the venue and jurisdiction of such courts. Each Party hereby irrevocably waives any objection that may now or hereafter have to the laying of venue of any such proceeding in such court, including any claim that such proceeding has been brought in an inappropriate or inconvenient forum.
h. ip3 shall have the right to seek an injunction to stop or prevent a breach of these Terms.
i. These Terms, along with the terms of any purchase made at the ip3 website or by invoice, constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersede any prior or written understandings, communications, or agreements.
j. Upon termination or expiration of these Terms, all sections that by their nature are intended to survive will so survive, including without limitation provisions related to data and restrictions on use; proprietary rights; limitations of liability; indemnification; survival; payment of fees and other costs; suspension for nonpayment; and taxes.
k. Notices to the Customer under this Agreement shall made to the email address on file with ip3 and Customer is responsible for maintaining an update address on file.
Last Revision: June 16 2021